A.
Form of
Papers. A party must print all petitions, motions, proposed findings,
briefs, responses, pre-filed written testimony, and proposed orders on 8.5 inch
by 11 inch paper. The upper left side of the first page must have a caption in
capital letters identifying:
(1) the name of
the applicant or licensee;
(2) the
type of application or license;
(3)
the application or license number issued by the Department; and
(4) the location of the activity subject to
the application or license including the county and town.
The upper right side of the first page must identify the
party filing the document and the title of the document. The final page must be
dated and signed by, or on behalf of, the party filing the document and include
under the signature line that person's printed name, capacity, mailing address,
electronic mail address, and telephone number.
B.
Service List. The Presiding
Officer will maintain a service list with the contact information of the
individual designated by each party to receive service of papers and
communications on its behalf. Unless otherwise indicated in the first document
filed by any party in a proceeding, the name and mailing address of the
individual filing the first document shall be used by the Department and all
parties for the purposes of document service. Any subsequent change of the
designated representative must be served on all parties by the party making the
change.
C.
Service on
Parties. Unless the Presiding Officer provides otherwise, every document
or communication filed with the Department by a party or a state, federal,
municipal or other governmental agency participating in accordance with section
11(C) shall be served upon all parties. Service is deemed complete when a
filing is delivered:
(1) by U.S. mail, First
Class or electronic mail to the party's designated representative, as
identified pursuant to section 3(B);
(2) by delivery in-hand to the party's
designated representative or to the office of the party's designated
representative; or,
(3) by telefax
when approved by the Presiding Officer.
D.
Filing with the Department.
If the hearing is before the Commissioner, the original of all
documents, materials and other submissions must be filed with the Department by
delivery to the Maine Department of Environmental Protection, Office of the
Commissioner, 17 State House Station, Augusta, Maine 04333, unless otherwise
specified by the Presiding Officer. If the hearing is before the Board, the
original of all documents, materials and other submissions must be filed with
the Board by delivery to the Board Chair, Maine Department of Environmental
Protection, 17 State House Station, Augusta, Maine 04333, unless otherwise
specified by the Presiding Officer.
Filing with the Department is complete when the Department
receives the submission by the close of business on the date due (5:00 p.m., as
determined by the received time stamp on the document, telefax, or electronic
mail), unless otherwise specified by the Presiding Officer, by:
(1) U.S. mail, First Class;
(2) in-hand delivery;
(3) telefax, only if followed by receipt of
an identical original document within five (5) working days; or,
(4) electronic mail to the address specified
by the Department for receipt of filings in the licensing proceeding, with
attachments supplied in an unalterable format showing a handwritten or
electronic signature acceptable to the Department, only if followed by receipt
of an identical original document within five (5) working days.
Persons filing materials with the Department are encouraged
to confirm receipt by the Department in order to avoid inadvertently missing a
deadline. Submissions not received by the Department by a prescribed deadline
will be deemed untimely, absent a showing of good cause. The risk of material
not being received in a timely manner is on the sender, regardless of the
method used.
E.
Availability of Application Materials. All applications filed with
the Department are available for public inspection, copying and comment. At the
time an application is filed with the Department, a copy of the application and
its supporting documents must be filed by the applicant with the appropriate
town or city clerk or, if the project is in an unorganized territory, with the
county commissioners. Once the Department determines that a hearing will occur,
the applicant must make copies of the complete application reasonably available
to the parties and interested persons. Availability may be in the form of paper
or electronic versions as determined by the Presiding Officer. Any subsequent
amendments, modifications, response to comments, or other supplemental filings
must be served on all parties and filed by the applicant with the appropriate
town or city clerk or, if the project is in an unorganized territory, with the
county commissioners. If the Presiding Officer determines that such new or
additional information is significant or substantially modifies the activity
proposed in the application, the applicant shall provide written notice of the
filing to interested persons and shall make a copy of the filing reasonably
available to interested persons who request a copy in writing.
F.
Computation of Time. For the
purpose of this rule, "days" are calendar days unless otherwise specified by
the Presiding Officer. "Working days" excludes Saturdays, Sundays, state
holidays and any other day state offices are closed for business. In computing
any period of time prescribed or allowed by this rule, the day of the act or
event that starts the period is not included. The last day of the period so
computed is included unless it is not a working day or the state office
location at which the filing must be made is partially or fully closed for
business, in which event the period runs until the close of business (5:00
p.m.) the next full working day. Whenever a party has the right or is required
to take some action within a prescribed period of time after the service of
notice or other paper upon the party and the notice or paper is provided by
U.S. mail First Class, three (3) days shall be added to the prescribed period.
This "3-day rule" does not affect any date-certain deadline established by the
Presiding Officer.
G.
Documents Issued by the Department. The Presiding Officer shall
ensure that all orders, decisions and notices of hearings and Board meetings
issued by the Department are provided to parties and interested persons. Except
as set forth in sections 12 and 28 of the rule, or as otherwise ordered by the
Presiding Officer, these documents may be provided electronically. Service of a
subpoena is the responsibility of the requesting party.