Section 096-534-3 - Form, Service, and Filing of DocumentsA.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:(1) the name of the Operator;(2) the type of hearing (suspension or revocation);(3) the Certification number issued by the Department, if applicable; and(4) the location of the activity subject to hearing, including the county and town. 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 will 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 as intervenors must be served upon all parties. Service is deemed complete when a filing is delivered: (1) by U.S. mail, or electronic mail to the party's designated representative; or(2) by delivery in-hand to the party's designated representative or to the office of the party's designated representative.D.Filing with the Department. 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. 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:
(3) telefax, only if followed by receipt of an identical original physical document within five (5) working days; or,(4) electronic mail to the address specified by the Department for receipt of filings in the adjudicatory proceeding, with attachments supplied in a format showing a handwritten or electronic signature acceptable to the Department, only if followed by receipt of an identical original physical document within five (5) working days. Persons filing materials with the Department are encouraged to confirm receipt by the Department 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.Computation of time. As used in 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.) on 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, three (3) days will be added to the prescribed period. This "3-day rule" does not affect any date-certain deadline established by the Presiding Officer.F.Documents issued by the Department. The Presiding Officer will ensure that all orders, decisions and notices of hearings issued by the Department are provided to parties and interested persons. Except for public notices, or as otherwise stated in this rule or by order of the Presiding Officer, these documents may be provided electronically.06-096 C.M.R. ch. 534, § 3