06-096-2 Me. Code R. § 18

Current through 2024-51, December 18, 2024

Section 096-2-18 - Decisions

A.Permit by Rule. The Commissioner will process permit by rule applications in accordance with 38 M.R.S. §344(2-A)(B) and all applicable rules. The rejection of a permit by rule application is not a final licensing action of the Commissioner and is not appealable to the Board. Permit by rule licensing decisions made by the Commissioner to approve a qualifying project or development are appealable to the Board in accordance with section 23 of this rule.

B.Commissioner Decisions. For an application to be decided by the Commissioner, the Commissioner will determine whether to hold a hearing within 45 days after an application is accepted as complete for processing.

If a hearing will not be held, the Commissioner will as expeditiously as possible approve the application, with or without conditions, or deny the application. For those applications on which a hearing will be held, the processing time published by the Commissioner pursuant to 38 M.R.S. §344-B is stayed from the date of the Commissioner's decision to hold a hearing. The processing time resumes at the close of the hearing record. If the record is reopened to continue the hearing, the processing time is tolled until the record closes. The Commissioner will approve, approve with conditions, or deny the application as expeditiously as possible after the close of the hearing record. Failure to decide the application within the remaining processing time will result in the fee forfeiture provided in 38 M.R.S. § 344-B(5).

Every license decision made by the Commissioner will be in writing and will set forth findings of fact sufficient to apprise the applicant and any interested member of the public of the basis for the decision.

A facsimile of the Commissioner's or Commissioner's designee's signature may be used for signing any decision on an application issued by the Commissioner. Each decision must include the date the decision is filed with the Board.

The Commissioner may act on an application for a license or permit renewal, amendment, revision, condition compliance, surrender or transfer at any time, including during the pendency of a judicial appeal of a final decision regarding the license or permit.

C.Board Decisions. For those applications to be decided by the Board, the Board will, considering the processing time for that application and as expeditiously as possible: approve the application with or without conditions; deny the application; or schedule a hearing on the application.

For those applications on which a hearing is held before the Board, the Board will approve, approve with conditions, or deny the application as expeditiously as possible after the hearing record is closed. The Board will maintain a record of the vote of each member of the Board with respect to the final license decision. An evenly divided vote of the Board has the effect of denying an application, unless a majority of Board members subsequently vote at that meeting for another action on the application or to table the matter until another meeting. A Board member who voted on the prevailing side of a motion to take final action on a license application may move at that same meeting to reconsider any action taken by the Board. In the case of an evenly divided vote, the findings and reasoning of the Board members voting to deny the application constitute the reasoning for the denial.

Every license decision made by the Board will be in writing and will set forth findings of fact sufficient to appraise the applicant and any interested member of the public of the basis for the decision. A facsimile of the Chair's signature may be used for signing any decision on an application issued by the Board.

The Board may conduct preliminary votes on any matter before it. A preliminary vote has no effect and may be used by the Board to further its deliberations of any matter before it.

D.Notice of Application Denial. Notice to the applicant of the Commissioner's or Board's denial of an application will be made by certified mail, return receipt requested.

E.License Conditions. The Department may impose as a license condition any requirement it deems necessary to provide for and ensure compliance with applicable statutes or rules. The Department may attach a condition to the license requiring up to a 30-day delay in any physical alteration of the project area and any construction activity authorized by the license. Licenses may be issued with a condition specifying the time frame within which the license is effective and may include an automatic expiration date if a project is not commenced within the specified time frame.

F.Effective Date of License. Unless otherwise indicated as a condition of the license, a license is effective on the date the Commissioner or Chair signs the license. For the purposes of this rule, signature of an order approving or denying an application constitutes a final agency action on that application, subject to administrative or judicial appeal.

G.Report of Decisions. At each Board meeting, the Commissioner will provide to the Board a report of the license decisions rendered by the Commissioner. The dated report must contain a summary of all application decisions made by the Commissioner since the last report, except for permit by rule notifications, waste transporter applications, and occupational license applications. For each decision, the report must include the name of the licensee, the nature and location of the project or operation proposed, a brief description of the physical or technical information involved, a statement of the decision rendered, and the date the decision was filed with the Board.

06-096 C.M.R. ch. 2, § 18