C.M.R. 17, 229, ch. 305, pt. 10
Any interested party with standing (as defined by Maine Law) may request Reconsideration of the permit by the State Traffic Engineer, but must do so in writing within 30 business days after notice of the Department's permit decision.
The request for reconsideration must set forth the findings and conclusions of the Department to which the person objects, the basis of those objections, the nature of the relief requested, and whether a hearing is requested. If requested and if the State Traffic Engineer determines a hearing is warranted, a hearing will be held ordinarily within 15 business days of receiving the reconsideration request.
The State Traffic Engineer will issue a written decision, ordinarily within 15 business days of receiving the reconsideration request or, if a hearing is held, within 15 business days of the close of the hearing. The decision will set forth the State Traffic Engineer's reasons for either affirming or modifying the original permit decision.
The running of the time for appeal pursuant to Part 10 (B) of this rule and the Administrative Procedure Act is tolled by a timely request for reconsideration filed under this section. The full time for appeal commences and is computed from the date of the final Department action addressing the request for reconsideration. The filing of a request for reconsideration, however, is not an administrative or judicial prerequisite for the filing of an appeal under Part 10(B).
Appeal of decisions of the State Traffic Engineer must be made in writing to the Commissioner within 15 business days of notice of the permit or reconsideration decision (whichever is later) of the State Traffic Engineer. The appeal decision of the Commissioner or his or her designee will be considered final agency action.
Judicial review of such final agency action must be in accordance with the Maine Administrative Procedure Act, 5 M.R.S. §11001,et seq. and Rule 80C of the Maine Rules of Civil Procedure.
C.M.R. 17, 229, ch. 305, pt. 10