01-672 C.M.R. ch. 4, § 02 - ADMINISTRATIVE PROVISIONS

A. COMPUTATION OF TIME

1. Days Included

In computing any period of time prescribed by statute or regulations of the Commission, the day of the act or event, after which the designated period of time begins to run, is not to be included. The last day of the period so computed is to be included unless it is a Saturday, Sunday, or legal holiday in which event the period must run until the end of the next day which is not a Saturday, Sunday or legal holiday. A holiday is any day designated as such by the President or Congress of the United States, or the Legislature of the State of Maine.

2. Receipt of Materials

In regard to any time period or deadline for the filing of any submission or for service of any paper, that filing or service is complete:

a. Upon the Commission, when the Commission receives the submission or paper by mail, in-hand delivery, email, or any other means specified by the Commission; or

b. Upon a party, when the submission or paper is sent to the party or the party's attorney, by mail, in-hand delivery, by email, or by delivery to the recipient's office.

3. Acceptance of Materials After Expiration of the Time Period.

The Commission, for good cause shown, may at any time in its discretion:

a. With or without motion or notice, order the period extended if request thereof is made before the expiration of the period originally prescribed or as extended by a previous order; or

b. Upon request made after the expiration of the prescribed period, allow the act to be done where the failure to act was the result of excusable neglect.

B. PUBLIC ACCESS TO INFORMATION

1. Availability of Documents

In accordance with 1 M.R.S. §408-A, the Commission must make available to any person for inspection by appointment during normal business hours, at no charge, and for copying at a reasonable fee, in paper or digital form, public records, including the following:

a. All agency plans, rules, policies, and guidance documents;

b. All current land use guidance maps;

c. All applications, including all related or resulting:

(1) forms and information submitted in support of any proposal;

(2) correspondence to or from the Commission, including any attachments thereto concerning any application or request;

(3) written comments received from governmental agencies or any other person;

(4) staff recommendations on applications; and

(5) all permits, certifications, advisory rulings, and other orders issued by the Commission;

d. The approved minutes of Commission meetings, including the vote of each Commission member on each motion or vote;

e. Transcripts of all hearings, where available; and recordings of all hearings where transcripts have not been produced;

f. All other documents and information required to be available by the Constitution of Maine or statute.

2. Confidentiality

The Commission will keep confidential any record, plan, report or other information only in consultation with the Attorney General's Office regarding an enforcement proceeding or other litigation, or other matters where such confidentiality may be provided by law.

C. RIGHT TO INSPECTION AND ENTRY

1. The right to inspection and entry of lands and structures is provided in 12 M.R.S. §685-C(8).

2. As applicable and appropriate, the Commission will make reasonable efforts to contact applicants, permittees, or property owners before conducting a site evaluation to verify information presented to it, including access to any lands and structures subject to the Commission's statutes and rules.

D. SIGNATURES

In accordance with 10 M.R.S., Chapter 1053, the Commission will accept, may require, and may utilize digital signatures regarding digital submissions and other official matters. However, the Commission may, at the Commission's discretion, require that a digital signature be supplemented shortly thereafter by a manual signature.

Notes

01-672 C.M.R. ch. 4, § 02