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E. The lease is not being held for speculative purposes. |
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| | | When aquaculture has not been routinely or substantially | | conducted on a lease that is proposed for renewal, the | | commissioner may renew the lease, as long as the proposed renewal | | will continue to meet the criteria for approval in subsection 7- | | A. |
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| | A lease renewal is an adjudicatory proceeding under Title 5, | chapter 375, subchapter 4. Public notice must be given as | required under subsection 6 and a hearing must be held if it is | requested in writing by 5 persons. |
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| | | The commissioner shall provide notice of a proposed lease renewal | | in the same manner as required under subsection 6.__A person may | | provide to the commissioner comments on the proposed lease | | renewal within 30 days of receipt of notice or within 30 days of | | publication of notice.__A public scoping session, as defined in | | rule, must be held if it is requested in writing by 5 or more | | persons. |
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| | | The commissioner may hold a public hearing on a proposed lease | | renewal.__If a hearing is held, it is an adjudicatory proceeding | | held in accordance with Title 5, chapter 375, subchapter 4. |
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| | | Sec. 7. 12 MRSA §6072, sub-§12-A, as amended by PL 1997, c. 609, §3, | | is further amended to read: |
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| | | 12-A. Transferability. A lease may be transferred to another | | person for the remaining portion of its term subject to the | | following conditions. |
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| | A. Lease transfers shall be | | procedural requirements as initial applications, except that | a public hearing is not mandatory unless requested in | writing by 5 persons | | of a proposed lease transfer in the same manner as required | | under subsection 6.__A person may provide to the | | commissioner comments on the proposed lease transfer within | | 30 days of receipt of notice, or within 30 days of | | publication of notice.__A public scoping session, as defined | | in rule, must be held if it is requested in writing by 5 or | | more persons. |
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| | | The commissioner may hold a public hearing on the proposed | | lease transfer.__If a hearing is held, it is an adjudicatory | | proceeding held in accordance with Title 5, chapter 375, | | subchapter 4. |
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