LD 1654
pg. 9
Page 8 of 17 An Act to Improve the Efficiency of Environmental Regulation in the Unorganized... Page 10 of 17
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LR 807
Item 1

 
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.

 
Sec. 15. 12 MRSA §685-B, sub-§3, as repealed and replaced by PL 1987,
c. 653, §4, is repealed.

 
Sec. 16. 12 MRSA §685-B, sub-§3-A is enacted to read:

 
3-A.__Hearings and procedures.__Hearings and procedures in
connection with the review and approval of a permit application
are subject to this subsection.

 
A.__The commission may determine on its own motion to hold a
hearing on the application.

 
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.

 
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.

 
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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