An Act To Define "Person Aggrieved" in Proceedings before the Department of Environmental Protection and the Maine Land Use Regulation Commission
Sec. 1. 12 MRSA §682, sub-§6-A is enacted to read:
Sec. 2. 38 MRSA §341-D, sub-§4, ¶A, as enacted by PL 1989, c. 890, Pt. A, §13 and affected by §40, is amended to read:
(1) An interested party A person aggrieved seeking to supplement the record has shown due diligence in bringing the evidence to the licensing process at the earliest possible time; or
(2) The evidence is newly discovered and could not, by the exercise of diligence, have been discovered in time to be presented earlier in the licensing process.
The board is not bound by the commissioner's findings of fact or conclusions of law but may adopt, modify or reverse findings of fact or conclusions of law established by the commissioner. Any changes made by the board under this paragraph must be based upon the board's review of the record, any supplemental evidence admitted by the board and any hearing held by the board;
Sec. 3. 38 MRSA §361-A, sub-§3-D is enacted to read:
summary
This bill provides a definition of "person aggrieved" in the laws governing the Maine Land Use Regulation Commission and the Department of Environmental Protection. It also provides that a person aggrieved, rather than an interested party, may seek to supplement the record in an appeal to the Board of Environmental Protection.