The board is charged with the following duties and responsibilities. [1989, c. 890, Pt. A, §13(NEW); 1989, c. 890, Pt. A, §40(AFF).]
[1995, c. 347, §1(AMD); MRSA T. 38 § 341-D, sub-§ 1 (RP).]
[1997, c. 364, §17(AMD); MRSA T. 38 § 341-D, sub-§ 1-A (RP).]
[2011, c. 304, Pt. H, §4(RP).]
[2011, c. 304, Pt. H, §5(NEW).]
[2023, c. 61, §1(NEW).]
The board shall also decide each application for approval of permits and licenses that is referred to it jointly by the commissioner and the applicant.
The board shall assume jurisdiction over applications referred to it under section 344, subsection 2-A when it finds that at least 3 of the 4 criteria of this subsection have been met.
The board may vote to assume jurisdiction of an application if it finds that at least 3 of the 4 criteria of this subsection have been met.
The board may not assume jurisdiction over an application for an expedited wind energy development as defined in Title 35-A, section 3451, subsection 4, for a certification pursuant to Title 35-A, section 3456 or for a general permit pursuant to section 480-HH or section 636-A.
Prior to holding a hearing on an application over which the board has assumed jurisdiction, the board shall ensure that the department and any outside agency review staff assisting the department in its review of the application have submitted to the applicant and the board their review comments on the application and any additional information requests pertaining to the application and that the applicant has had an opportunity to respond to those comments and requests. If additional information needs arise during the hearing, the board shall afford the applicant a reasonable opportunity to respond to those information requests prior to the close of the hearing record.
[2011, c. 304, Pt. H, §6(AMD).]
For the purposes of this subsection, "license" includes any license, permit, order, approval or certification issued by the department.
[2023, c. 139, §1(AMD).]
The board may admit into the record supplemental evidence offered by a respondent in response to proposed supplemental evidence offered by an appellant and the issues raised on appeal. The board may admit into the record additional evidence and analysis submitted by department staff in response to issues raised on appeal or supplemental evidence offered by an appellant, respondent or interested party. The board is not bound by the commissioner's findings of fact or conclusions of law but may adopt, modify or reverse findings of fact or conclusions of law established by the commissioner. Any changes made by the board under this paragraph must be based upon the board's review of the record, any supplemental evidence admitted by the board and any hearing held by the board; [2023, c. 139, §2(AMD).]
[2023, c. 61, §§2-4(AMD); 2023, c. 139, §2(AMD).]
[2011, c. 304, Pt. H, §10(RP).]
[2019, c. 315, §4(AMD).]
[2011, c. 304, Pt. H, §12(AMD).]
[1989, c. 890, Pt. A, §13(NEW); 1989, c. 890, Pt. A, §40(AFF).]
38 M.R.S. § 341-D