Current through 2024-51, December 18, 2024
Section 629-4-9 - Public ParticipationA.Intervenors. The provisions of 5 MRSA section9054 shall govern the admission and participation of intervenors in any adjudicatory proceeding before the Board.1.Form of application. An application for intervenor status must be made to the Board in writing. An application for intervention as of right pursuant to 5 MRSA section9054(1) shall contain a statement explaining how the applicant is or may be, or is a member of a class which is or may be, substantially and directly affected by the proceeding, or identifying the applicant's status as an agency of federal, state or local government. An application for permissive intervention pursuant to 5 MRSA section9054(2) shall contain a statement explaining the applicant's interest in the proceeding.2.Time for filing. An application for intervenor status may be filed at any time after the proceeding to which it relates is initiated, whether the proceeding is initiated by filing of an application with the Board, by issuance of a notice of hearing or otherwise, but shall be filed within the time permitted for intervenor applications by an order of the Board which is publicly noticed. Any person who applies for intervenor status after the deadline established by the Board, shall be permitted to intervene only upon a compelling demonstration of good cause.B.Public participation at hearings. In addition to the participation of persons granted intervenor status, the Board may provide a reasonable period of time for public comment during the course of a hearing which it deems to involve the determination of issues of substantial public interest. Persons making statements during the public comment portion of such a hearing, who have not applied for and been granted intervenor status, shall not have rights as a party to the proceeding and as such the Board may place reasonable constraints upon the manner of presentation of public comments. The Board may determine whether such persons may make an unsworn statement or testify under oath. Persons who present testimony under oath are subject to reasonable cross-examination by the parties. Only evidence presented during sworn testimony may be relied upon by the Board.95- 629 C.M.R. ch. 4, § 9