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| 1-B.__Delegation to staff.__The commission may establish standards | | by which authority may be delegated to its staff, to approve with | | reasonable conditions or deny applications submitted.__Any person | | aggrieved by a decision of the staff has the right to a review of | | that decision by the commission.__A request for such a review must | | be made within 30 days of the staff decision. |
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| | | Sec. 15. 12 MRSA §685-B, sub-§3, as repealed and replaced by PL 1987, | | c. 653, §4, is repealed. |
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| | | Sec. 16. 12 MRSA §685-B, sub-§3-A is enacted to read: |
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| | | 3-A.__Hearings and procedures.__Hearings and procedures in | | connection with the review and approval of a permit application | | are subject to this subsection. |
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| | | A.__The commission may determine on its own motion to hold a | | hearing on the application. |
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| | | B.__If the commission determines to act upon a permit | | application without a hearing, the commission, within 120 | | days after receiving the complete application, shall make | | findings of fact and issue an order either granting | | approval, subject to reasonable terms and conditions that | | the commission determines appropriate in order to fulfill | | the requirements and intent of this chapter, the | | comprehensive land use plan and the commission's standards, | | or denying approval of the application as proposed. |
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| | | C.__Any person aggrieved by a decision of the commission or | | its staff concerning any permit application upon which no | | hearing was held may, within 30 days of that decision, | | petition the commission for a hearing.__The commission is | | not required to hold a hearing, but shall respond within 60 | | days of receipt of the petition by notifying the petitioner | | in writing of the date, time and place set for the requested | | hearing or of the denial of the request. |
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| | | D.__Within 90 days after the commission adjourns any hearing | | held under this subsection, it shall make findings of fact | | and issue an order either granting approval, subject to | | reasonable terms and conditions that the commission | | determines appropriate in order to fulfill the requirements | | and intent of this chapter, the comprehensive land use plan | | and the commission's standards, or denying approval of the | | application as proposed. |
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