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 096-3-3 - Form, Service, and Filing of Documents
Current through 2024-38, September 18, 2024
A. Form of Papers. A party must print all petitions, motions, proposed findings, briefs, responses, pre-filed written testimony, and proposed orders on 8.5 inch by 11 inch paper. The upper left side of the first page must have a caption in capital letters identifying:
The upper right side of the first page must identify the party filing the document and the title of the document. The final page must be dated and signed by, or on behalf of, the party filing the document and include under the signature line that person's printed name, capacity, mailing address, electronic mail address, and telephone number.
B. Service List. The Presiding Officer will maintain a service list with the contact information of the individual designated by each party to receive service of papers and communications on its behalf. Unless otherwise indicated in the first document filed by any party in a proceeding, the name and mailing address of the individual filing the first document shall be used by the Department and all parties for the purposes of document service. Any subsequent change of the designated representative must be served on all parties by the party making the change.
C. Service on Parties. Unless the Presiding Officer provides otherwise, every document or communication filed with the Department by a party or a state, federal, municipal or other governmental agency participating in accordance with section 11(C) shall be served upon all parties. Service is deemed complete when a filing is delivered:
D. Filing with the Department. If the hearing is before the Commissioner, the original of all documents, materials and other submissions must be filed with the Department by delivery to the Maine Department of Environmental Protection, Office of the Commissioner, 17 State House Station, Augusta, Maine 04333, unless otherwise specified by the Presiding Officer. If the hearing is before the Board, the original of all documents, materials and other submissions must be filed with the Board by delivery to the Board Chair, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333, unless otherwise specified by the Presiding Officer.
Filing with the Department is complete when the Department receives the submission by the close of business on the date due (5:00 p.m., as determined by the received time stamp on the document, telefax, or electronic mail), unless otherwise specified by the Presiding Officer, by:
Persons filing materials with the Department are encouraged to confirm receipt by the Department in order to avoid inadvertently missing a deadline. Submissions not received by the Department by a prescribed deadline will be deemed untimely, absent a showing of good cause. The risk of material not being received in a timely manner is on the sender, regardless of the method used.
E. Availability of Application Materials. All applications filed with the Department are available for public inspection, copying and comment. At the time an application is filed with the Department, a copy of the application and its supporting documents must be filed by the applicant with the appropriate town or city clerk or, if the project is in an unorganized territory, with the county commissioners. Once the Department determines that a hearing will occur, the applicant must make copies of the complete application reasonably available to the parties and interested persons. Availability may be in the form of paper or electronic versions as determined by the Presiding Officer. Any subsequent amendments, modifications, response to comments, or other supplemental filings must be served on all parties and filed by the applicant with the appropriate town or city clerk or, if the project is in an unorganized territory, with the county commissioners. If the Presiding Officer determines that such new or additional information is significant or substantially modifies the activity proposed in the application, the applicant shall provide written notice of the filing to interested persons and shall make a copy of the filing reasonably available to interested persons who request a copy in writing.
F. Computation of Time. For the purpose of this rule, "days" are calendar days unless otherwise specified by the Presiding Officer. "Working days" excludes Saturdays, Sundays, state holidays and any other day state offices are closed for business. In computing any period of time prescribed or allowed by this rule, the day of the act or event that starts the period is not included. The last day of the period so computed is included unless it is not a working day or the state office location at which the filing must be made is partially or fully closed for business, in which event the period runs until the close of business (5:00 p.m.) the next full working day. Whenever a party has the right or is required to take some action within a prescribed period of time after the service of notice or other paper upon the party and the notice or paper is provided by U.S. mail First Class, three (3) days shall be added to the prescribed period. This "3-day rule" does not affect any date-certain deadline established by the Presiding Officer.
G. Documents Issued by the Department. The Presiding Officer shall ensure that all orders, decisions and notices of hearings and Board meetings issued by the Department are provided to parties and interested persons. Except as set forth in sections 12 and 28 of the rule, or as otherwise ordered by the Presiding Officer, these documents may be provided electronically. Service of a subpoena is the responsibility of the requesting party.
