65-407-110 Me. Code R. § 2

Current through 2024-25, June 19, 2024
Section 407-110-2 - Definitions
A. "Adjudicatory Proceeding" means any proceeding before the Commission in which the legal rights, duties or privileges of a specific person or persons are required by constitutional law or statute to be determined after an opportunity for hearing.
B. "Administrative Director" means the Administrative Director of the Maine Public Utilities Commission, the Assistant Administrative Director or any Commission employee specifically designated by the Administrative Director to perform an act described in these rules.
C. "Advisory Staff" means those particular individuals on the Staff or their consultants who are specifically assigned to advise the Commission with respect to issues of law, facts or procedure arising in an adjudicatory proceeding.
D. "Commission" means the Maine Public Utilities Commission.
E. "Complainant" means a person who complains to the Commission of any act or of any person.
F. "General rate case" has the same meaning as 35-A M.R.S.A. §307.
G. "Holiday" means any day on which either of the following is lawfully ordered or required to be closed:
1. the Public Utilities Commission, in accordance with the procedure and schedules established for State agencies generally; or
2. the United States Postal Service.
H. "Inquiry" means a non-adjudicatory and non-rulemaking proceeding initiated by the Commission to obtain information and comment for the purpose of determining whether a rulemaking or adjudicatory proceeding ought to be initiated or exploring policy issues and forming preliminary policies not intended to be enforceable.
I. "Intervenor" means a person who is permitted to intervene in a proceeding as provided for in these rules.
J. "Lead Complainant" means, with respect to complaints under 35-A M.R.S.A. §1302(1), the complainant designated as the agent for all other complainants. In absence of such a designation by the complainants, the person who submitted the complaint or the first complainant's name appearing on the complaint will be considered the lead complainant. The Administrative Director shall identify the lead complainant upon receipt of the complaint.
K. "Party" means:
1) any person granted intervenor status in an adjudicatory proceeding pursuant to Section 8(b)(1) and (2) of this Rule, or
2) the lead complainant in a Commission investigation if the Commission determines a petition filed pursuant to 35-A M.R.S.A. §1302 has merit; and
3) the specific person whose legal rights, duties or privileges are being determined in the proceeding.
L. "Person" means an individual, partnership, corporation, governmental entity, association or public or private organization of any character, except for the Maine Public Utilities Commission.
M. "Petitioner" means any person, other than a complainant, who seeks any relief or order from the Commission or who seeks to commence an action that the Maine Revised Statutes require to be instituted by petition or application.
N. "Presiding Officer" means the person designated to preside over a Commission proceeding, with the duties and powers set forth in section 8(G), or a substitute officer as provided in section 8(G)(2). The presiding officer may be a Commissioner or any Commission employee. The presiding officer in an adjudicatory proceeding shall be referred to as the Hearing Examiner.
O. "Regular Business Day" means a day that is not a Saturday, a Sunday or a Holiday.
P. "Respondent" means a person against whom any complaint is filed or investigation initiated.
Q. "Rule" means the whole or any part of any regulation, standard, code, statement of policy or other statement of general applicability, including the amendment, suspension or repeal of any prior rule, that is or is intended to be judicially enforceable and implements, interprets or makes specific the laws administered by the Commission or describes the procedures or practices of the Commission.

The term "Rule" does not include:

1. policies or memoranda concerning only the internal management of the Commission which are not judicially enforceable;
2. advisory rulings issued under Section 7;
3. decisions issued in adjudicatory proceedings;
4. any form, instruction or explanatory statement of policy which in itself is not judicially enforceable, and which is intended solely as advice to assist persons in determining, exercising or complying with their legal rights, duties or privileges.
R. "Staff" means the employees of the Public Utilities Commission and any consultants and other contractors retained by the Commission for the purpose of assisting the Commission and its employees in providing advice or information, or for the purpose of supplementing the work of the Commission and its employees.

65-407 C.M.R. ch. 110, § 2