65-407-840 Me. Code R. § 3

Current through 2024-40, October 2, 2024

Section 407-840-3 - PETITION FOR PRELIMINARY DETERMINATION OF ELIGIBILITY

A.Preliminary Determination. An intervenor or participant must petition the Commission to make a preliminary determination of eligibility for funding. The petition must include the information specified below and be served on all persons participating in the proceeding. Confidential financial information included in the petition will only be provided to the Commission.

B.Contents of Petition. A petition for preliminary determination of eligibility for funding must include:

1) All facts known to the intervenor or participant demonstrating that, but for the award of funding, participation in the proceeding will work a substantial financial hardship on the intervenor or participant. This showing may include certified balance sheets and income and expense statements for the last three fiscal years, in all cases where such information is available, together with all other relevant financial information that will aid the Commission in ascertaining the intervenor's or participant's financial resources;

2) A statement describing the position that the intervenor or participant intends to advocate on each issue together with a summary of the evidence and arguments that the intervenor or participant intends to present on that issue.

3) If the intervenor or participant plans to hire an attorney or expert witness, an estimate of the amount of attorney's fees, expert witness fees, and other reasonable expenses to be incurred by the intervenor or participant preparing and advocating that position;

4) In the event that the intervenor or participant is acting as an agent of or on behalf of other persons, documentation that the intervenor or participant is the authorized representative of those represented;

5) A statement about the appropriateness or inappropriateness of consolidating the presentation with that of other intervenors or participants who will advocate the same or similar position with respect to that issue or issues; and

6) Any additional relevant information that may be required at the request of the Commission.

C.Timing of Petition. A petition for preliminary determination may be filed at any time during the proceeding. An award of funding may not include expenses incurred prior to filing of the petition except for expenses incurred that relate to the preparation of a petition for intervention or a petition for a preliminary determination of eligibility for funding.

65-407 C.M.R. ch. 840, § 3