§ 38 §345-A — Hearings

Maine § 38 §345-A

• Jurisdiction: Maine
• Title 38: WATERS AND NAVIGATION
• Ch. 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION

Text

1.
Hearings.
1-A.
Department hearings.
The board and commissioner may hold public hearings as necessary to carry out responsibilities under this Title.
2.
Maine Administrative Procedure Act.
Except as provided elsewhere, all hearings of the department must be conducted in accordance with the procedural requirements of the Maine Administrative Procedure Act, Title 5, chapter 375.
2-A.
Intervenor procedures.
The board shall adopt rules that define the procedures and scope of participation for intervenors.
3.
Fees.
The Commissioner of Environmental Protection may establish fees which recover the expenses entailed in providing notice to interested persons required by this section or reproducing all or any part of the record of any hearings for the applicant or interested persons.
4.
Subpoena power.
The board and commissioner may each issue subpoenas to compel the production of books, records and other data related to the matters in issue at any hearing. If any person served with a subpoena demonstrates to the satisfaction of the issuer of the subpoena that the production of the information would, if made public, divulge methods or processes which are entitled to protection as trade secrets, the information shall be disclosed only at a nonpublic portion of the hearing and shall be confidential and not available for public inspection. If any person fails or refuses to obey such a subpoena, the issuer of the subpoena may apply to any Justice of the Superior Court for an order compelling that person to comply with the subpoena. The Superior Court may issue an order and may punish failure to obey the order as civil contempt.
5.
Public meetings.
At the board's or commissioner's discretion, the board or commissioner may schedule and hold public meetings in the geographic area of a proposed project for the purpose of collecting comments that become part of the record in a pending action. Any such meeting must be held during the period when written public comments may be submitted to the department. This subsection and the conduct of a public meeting do not change any other obligation the department has to hold public hearings that are mandatory by statute or required after a timely request is filed.

Legislative History

PL 1983, c. 566, §6 (NEW). PL 1983, c. 743, §3 (AMD). PL 1985, c. 589, §2 (AMD). PL 1985, c. 746, §10 (AMD). PL 1989, c. 890, §§A28-30,40 (AMD). PL 1991, c. 804, §A4 (AMD). PL 2007, c. 43, §1 (AMD).