06-096 C.M.R. ch. 4, § 1 - Definitions

For the purposes of this chapter, the following terms have the following meanings unless the context indicates otherwise.

A. Appellant. "Appellant" means the person to whom a Commissioner's emergency or unilateral administrative order has been issued and who appeals that order to the Board.

B. Board. "Board" means the Board of Environmental Protection.

C. Board Chair. "Board Chair" means the Chair of the Board, or the Chair's designee.

D. Commissioner. "Commissioner" means the Commissioner of the Department of Environmental Protection, or the Commissioner's designee.

E. Commissioner's Order. "Commissioner's Order" means the emergency or unilateral administrative order issued by the Commissioner which is the subject of a request for a hearing.

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

G. Hearing. "Hearing" means an adjudicatory proceeding before the Board during which the parties to the proceeding present testimony and evidence for the purpose of providing facts upon which the Board will adjudicate the appeal of the Commissioner's Order.

H. Party. "Party" means the specific person to whom the Commissioner's Order was issued, the Commissioner, and, if allowed, an intervenor pursuant to 5 M.R.S. §9054(1) or (2).

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

J. Presiding Officer. "Presiding Officer" means the individual authorized pursuant to 5 M.R.S. §9062 and Section 7 of this rule to preside over the hearing.

Notes

06-096 C.M.R. ch. 4, § 1