01-672-5 Me. Code R. § 08

Current through 2024-51, December 18, 2024

Section 672-5-08 - TESTIMONY AND QUESTIONS

A.Hearings on applications

In those hearings concerned with a permit application pursuant to 12 M.R.S. §685-B(4) or with an application for variance or special exception pursuant to 12 M.R.S. §685-A(10) or with an application for zone change pursuant to 12 M.R.S. §685-A(7-A), testimony must be offered as follows:

1.Direct Testimony

Direct Testimony will be offered in the following order:

a. The applicant and such representatives and witnesses as the applicant selects;

b. Governmental agencies and representatives thereof;

c. Intervenors; and

d. Other interested persons.

The staff of the Commission and its representatives and consultants may offer testimony at any time, at the discretion of the Presiding Officer.

2.Cross-Examination and Questions

At the conclusion of the testimony of each witness, the Commissioners, staff and consultants, Federal and State and other governmental representatives, the applicant, and intervenors must have the right of oral cross-examination. Cross-examination will be conducted in the following order:

a. Commissioners, counsel, staff members and consultants may be permitted, by the Presiding Officer, to ask questions at any time;

b. The applicant or petitioner;

c. Intervenors; and

d. Federal, State, and other governmental representatives.

3.Redirect and Rebuttal Evidence

a. A person who has concluded their presentation cannot thereafter introduce further evidence except in rebuttal, unless by leave of the Presiding Officer. Rebuttal evidence must be directed only to contradict or respond to evidence presented by another party, except by leave of the Presiding Officer.

b. All parties must have the right to redirect and re-cross-examination of any witness, unless otherwise directed by the Presiding Officer. Such re-examination must be limited to evidence or issues presented by another party, except by leave of the Presiding Officer.

4.Varying Order of Appearance

When circumstances warrant, the Presiding Officer may vary the order in which witnesses appear and the order or manner in which testimony is given or witnesses cross-examined.

B.All Other Hearings

In all other hearings, testimony may be offered first by the staff and then by any interested persons in such order and on such conditions as the Presiding Officer may designate.

C.Oral Argument

For hearings conducted under Section 5.08(A), oral argument may be permitted before the Commission at the conclusion of the evidence or at a time and place fixed by the Presiding Officer, at their discretion.

01-672 C.M.R. ch. 5, § 08