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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| | Sec. 15. 12 MRSA §685-B, sub-§3, as repealed and replaced by PL 1987, | c. 653, §4, is repealed.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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