01-672-5 Me. Code R. § 03

Current through 2024-51, December 18, 2024

Section 672-5-03 - PARTIES AND GOVERNMENTAL AGENCIES

A.Intervention

1.Petition for Intervention: Prior to the commencement of any public hearing of the type described in Section 5.08(A) of these regulations, the Commission or Presiding Officer may require or allow any person who desires to participate as a party, offer testimony and evidence, and participate in oral cross-examination, to file a petition under oath or affirmation for leave to intervene. Notice of the requirement of filing a petition for intervention will be given in a manner consistent with Section 4.04 of the Commission's rules or in such other manner as the Presiding Officer deems appropriate. A petition to intervene must be granted if it demonstrates that the petitioner is or may be substantially and directly affected by the proceeding.

The Commission or Presiding Officer may further allow any other interested person to intervene as a party or to participate in more limited manner as the Commission or its Presiding Officer may designate.

A petition for leave to intervene must be filed by the date specified by the Commission or the Presiding Officer or, if an earlier date is not specified, before the public hearing. A petition to intervene which is not timely filed will be denied unless the petitioner shows good cause for failure to timely file. A person permitted to intervene will become a party to the proceeding and will be permitted to participate in all phases of the hearing, subject, however, to such limitations as the Commission or Presiding Officer may direct. Petitioners for intervention may be required to consolidate or join their appearances in part or in whole if their interests or contentions are found to be substantially similar and such consolidation would expedite or simplify the hearing without prejudice to the rights of any party or petitioner. A consolidation under this section may be for all purposes of the proceeding, all of the issues of the proceeding or with respect to any one or more issues or purposes thereof.

2.Duration of Intervenor Status: Unless otherwise specified by the Commission or Presiding Officer, intervenor status will be deemed to have been granted for the duration of the proceeding. Any applicant whose proposal is approved will be required to provide notice to any intervenors of the filing of any documents presented to the Commission indicating actions taken to comply with the conditions attached to the approval or of proposals to vary or amend approved activities, provided, however, that the applicant's responsibility under this subsection will be deemed fulfilled when such notice has been mailed to the person designated to represent an intervenor in the petition for intervention.

3.Denial of Intervenor Status: When a petition to intervene is denied, the Commission must include in the record of the hearing an entry to that effect and the reasons therefore.

4.Legal Counsel: Nothing in this regulation will be construed to require or prevent representation by legal counsel in order for a person to be granted intervenor status or otherwise participate before the Commission.

5.Copies: The applicant must provide each person granted intervenor status pursuant to this section with a copy of the application or petition and any amendments thereto.

B.Participation by Interested Persons

Any person may, in the discretion of the Commission or Presiding Officer, be permitted to make oral or written statements on the issues, introduce documentary, photographic and real evidence, attend and participate in conferences and submit written or oral questions of other participants, within such limits and on such terms and conditions as may be fixed by the Commission or the Presiding Officer.

C.Governmental Agencies

Governmental agencies may notify the Commission of their anticipated participation in any hearing in the form and manner required by Section 5.03(A)(1). Such governmental agencies must, upon having filed such notice, be entitled to all rights of an intervenor in such proceedings.

Representatives of governmental agencies may participate in their official capacity only if representing the views of the agency on whose behalf they appear, and not personal views and opinions. Government agencies may provide testimony at the hearing without filing a notice under this section.

01-672 C.M.R. ch. 5, § 03