06- 096 C.M.R. ch. 3, § 2 - Definitions

For the purposes of this chapter, the following words and phrases have the following meanings:

A. Appellant. "Appellant" means a person who appeals a Commissioner license decision to the Board.

B. Applicant. "Applicant" means a person who has submitted an application to the Department for a license.

C. Board. "Board" means the Board of Environmental Protection, an independent citizen board that is part of the Department and that, among its duties, decides selected applications and considers appeals of Commissioner license decisions.

D. Board Chair. "Board Chair" means the chair of the Board, or his or her designee.

E. Commissioner. "Commissioner" means the commissioner of the Department of Environmental Protection or his or her designee.

F. Conference. "Conference" means a pre-hearing, mid-hearing, or post-hearing meeting scheduled by the Presiding Officer at which the Presiding Officer and the parties discuss matters pertaining to the licensing proceeding.

G. Department. "Department" means the Department of Environmental Protection, which includes the Commissioner and the Board.

H. Hearing. "Hearing" means a hearing conducted in accordance with the procedural requirements of the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV at which the Department receives oral testimony and evidence for the purpose of gathering facts upon which a decision in a licensing proceeding will be based.

I. Interested Person. "Interested person" means a person who submits written comments on an application or who requests, in writing, receipt of notices related to a particular licensing proceeding. The Department shall maintain a list of interested persons for each licensing proceeding.

J. Intervenor. "Intervenor" means a person who, in accordance with the Maine Administrative Procedure Act, 5 M.R.S. §9054(1) or (2), and section 11(A) of this rule, has been granted leave to participate as a party in a licensing proceeding where a decision has been made to hold a hearing.

K. License. "License" means the whole or any part of a new license, amended license, minor revision, renewal license, transfer, surrender, variance, certification or similar form of permission issued by the Department that is required by law, and represents the State's exercise of regulatory or police powers. The term "permit" is used interchangeably with "license" in some Department statutes. Examples of licenses include: Site Location of Development licenses pursuant to 38 M.R.S. §481 et seq., waste discharge licenses pursuant to 38 M.R.S. §413, water level orders pursuant to 38 M.R.S. §840, and water quality certifications pursuant to Section 401 of the federal Clean Water Act.

L. Licensee. "Licensee" means the person to whom a license has been issued.

M. Licensing Proceeding. "Licensing proceeding" means a proceeding on a license application or an appeal of a license decision.

N. Party. "Party" means:

(1) the specific person whose legal rights, duties or privileges are being determined in a licensing proceeding; or

(2) an intervenor.

O. Person. "Person" means an individual, partnership, corporation, governmental entity, association or public or private organization of any character, other than the Department.

P. Presiding Officer. "Presiding Officer" means the individual authorized pursuant to the Maine Administrative Procedure Act and section 4 of this rule to preside over a licensing proceeding where a decision has been made to hold a hearing.

Q. Written Testimony. "Written testimony" means the sworn written testimony of a party submitted for inclusion in the record of a licensing proceeding.

Notes

06- 096 C.M.R. ch. 3, § 2