Section 229-310-5 - Decisions1. At the conclusion of the Technical Review, the Department will issue a written decision approving, approving with conditions or rejecting a FormalRequest. Such decision must include the following:A. A finding by the Chief Engineer that vehicles of the proposed configuration and weight can or cannot be safely operated on the proposed route of travel, or that such vehicles can with certain restrictions be safely operated on that proposed route; andB. A finding by the Chief Engineer that the public ways and bridge infrastructure affected by the proposed route of travel can withstand, can be improved and maintained to withstand, or cannot withstand the proposed configuration and weight.C. If the Chief Engineer finds that vehicles of the proposed configuration and weight can be safely operated on the proposed route of travel with certain restrictions, he or she shall describe such restrictions in sufficient detail to inform the Requestor and the public of their nature.D. If the Chief Engineer finds that the public ways and bridge infrastructure affected by the proposed route of travel can be improved and maintained to withstand the proposed configuration and weight, he or she shall describe the improvements and necessary additional maintenance regimen in sufficient detail to inform the Requestor and the public of their nature, and shall also include an estimate of the cost to make such improvements and conduct such additional maintenance necessitated by the Request. The estimate of necessary improvements shall include initial capital improvements, future maintenance, future capital improvements and any other improvements necessary to maintain the safety and integrity of the affected transportation infrastructure.E. The improvements need not be limited to the actual proposed route of travel but may include improvements to any transportation infrastructure deemed by the Department to be affected by the Request.2.Local Governmental Input or ApprovalA. Within fifteen (15) days of receipt of a Formal Request submitted in accordance with these rules seeking an allowance for the operation of specified commercial motor vehicles configurations on a specified route of travel that includes a public way that traverses a municipality, unorganized or deorganized area in a county, or a reservation or trust land of a federally recognized Indian tribe in this State, the Department will provide actual written notice of such receipt and provide copies of all documents submitted in connection with a Request to the appropriate governmental entity or entities with jurisdiction over the area encompassing the designated public way or ways. The Department shall request written approval from the appropriate governmental body with authority to grant such approval.B. In the event that the approval or input requested in accordance with paragraph A. above is not provided within thirty (30) days of notice, the Department may proceed with its approval as if such approval or input had been provided.C. Except as provided in paragraph B. above, approval shall not be granted by the Department if the appropriate local governmental entityopposes the Formal Request.3.Notice of appeal rightsEach decision approving or denying a Formal Request must be accompanied by a plain statement of the appropriate rights of administrative and judicial review and the time within which those rights must be exercised. Correspondence notifying the applicant of the Department's denial must be made by certified mail, return receipt requested. Any person with standing may seek judicial review of a final Department decision by filing a petition in Superior Court in accordance with 5 M.R.S.A. Section 11001 et seq. and M.R.Civ.P. 80C.
4.AssurancesA. In the event approval is granted, the Department and the Proposer shall enter into a Memorandum of Agreement setting out all of the terms and the conditions of the approval of the Special Overlimit Routing Request and Project Financing Agreement providing assurance satisfactory to the Department that at least 50% of the cost for any infrastructure improvements determined necessary pursuant to the Technical Review will be provided by the Proposer. Among other things, the Memorandum of Agreement will address the following: funding levels; requirements for public input; pre authorization of the project in the Department's work plan; the assignability of the Requestor's obligations; the term of the agreement and expiration date; the Requestor's responsibilities with regard to recordkeeping, reporting, audits and access to information by the Department; and the Requestor's responsibility for additional costs including those incurred as a result of State Police enforcement efforts. The execution of these agreements is a condition precedent to the final acceptance of the Formal Request.B. If feasible the Department may provide the balance of the funding for those improvements.17-229 C.M.R. ch. 310, § 5