C. The department may reviewing agencies shall hold a public hearing in accordance with rules adopted by the department. The reviewing agencies, at any time after an application is filed under section 1883, subsection 2 or a letter of intent is filed under section 1883, subsection 2- A, may require by subpoena the attendance and testimony of witnesses and the production of documents in Kennebec County or the county in which the applicants are located for the purpose of investigating whether the cooperative agreement satisfies the standards set forth in section 1883, subsection 4.__All documents produced and testimony given in response to the subpoena are confidential.__The Attorney General may seek an order from the Superior Court compelling compliance with a subpoena issued under this subsection. Intervention is governed by the provisions of Title 5, section 9054.

D. The parties to a cooperative agreement may withdraw their application and thereby terminate all proceedings under this chapter as follows: without the approval of the reviewing agencies any time prior to the issuance of a final decision under paragraph E.

(1) Without the approval of the department, the Attorney General or the Superior Court anytime prior to the filing of an answer or responsive pleading in a court action under section 1885, subsection 2 or prior to entry of a consent decree under section 1885, subsection 7; or

(2) Without the approval of the department, anytime prior to the issuance of a final decision under paragraph E if a court action has not been filed under section 1885, subsection 2.

E. The department reviewing agencies shall grant or deny finally the application no less than 40 days nor more than 90 days after the filing of the application. Approval requires the concurrence of all 3 reviewing agencies. The department reviewing agencies shall issue a recommended decision at least 5 days prior to issuing a final decision granting or denying the application. The recommended and final decisions must be in writing and set forth the basis for the decision.