Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 3 - RULES GOVERNING THE CONDUCT OF LICENSING HEARINGS
Section 096-3-16 - Pre-hearing Submissions

Universal Citation: 06 ME Code Rules ยง 096-3-16

Current through 2024-38, September 18, 2024

The Presiding Officer may require that certain information be submitted by the parties prior to the hearing.

A. Additional Information from Applicant in a License Application Proceeding.

(1) Department staff may at any time prior to the hearing submit questions to the applicant or request additional information from the applicant.

(2) The Presiding Officer may at any time prior to the hearing request that the applicant submit to the Department additional information necessary to evaluate the license application. A party may ask the Presiding Officer to make such a request. A party asking the Presiding Officer to make such a request must explain why the additional information sought is relevant and necessary for an analysis of the materials submitted in support of the application and why the additional information is not otherwise readily available.

(3) A request for additional information under this subsection must be made with a reasonable time for response prior to the scheduled hearing. While the applicant is not obligated to respond to a request for additional information, the burden of proof to demonstrate that all licensing standards are met remains with the applicant.

(4) Copies of any requests for additional information made pursuant to this subsection, and any responses thereto, must be provided to all parties.

B. Witness Lists. The Presiding Officer may require the parties to provide a list of witnesses and a description of the issues to be addressed by each. Substitute or additional witnesses may be permitted by leave of the Presiding Officer when so doing will not prejudice the rights of any party.

C. Pre-filed Testimony. The Presiding Officer may require that written direct and rebuttal testimony of the parties' witnesses be pre-filed. Such written pre-filed testimony must be sworn. Written testimony is sworn if the witness declares by oath or affirmation that the testimony is true and correct to the best of the witness's knowledge and belief.

D. Pre-filed Exhibits. The Presiding Officer may require that exhibits be pre-filed.

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