Section 096-2-17 - Draft License DecisionsA.Availability of a Draft License Decision. When an applicant or interested person submits a written request for a draft license decision, that draft decision must be provided to the requester and the applicant, if the applicant is not the requester, and any intervenor or interested person, and must be made available at the Department's office in Augusta and appropriate regional offices at least five working days prior to the Commissioner taking final action on the application if it is a Commissioner's decision, or 15 working days before the Board acts on the application if it is a Board decision. In addition, when an interested person notifies the Department of interest in an application, the Department will give reasonable notice to the applicant, intervenor, and any interested person of the date final action is expected to be taken by the Commissioner or Board on the draft license decision. Pursuant to 38 M.R.S. §344 (2-B), the Commissioner may reduce the time requirements of this section for those activities which require a federal permit or license when these provisions are inconsistent with federal law or rule. In instances where a hearing has been held, the Department will provide a draft license decision to the applicant, intervenors and interested persons for review and comment.
B.Comments on a Draft License Decision. The Department may revise the draft license decision after it has been made available for public comment. If the Commissioner or Board determines that the draft decision should be substantially revised in response to comments received, a new draft must be made available in accordance with this section. Any person who submits written comments on a draft license decision will receive a copy of the license decision and notice of appeal rights.06-096 C.M.R. ch. 2, § 17