Rules for the Conduct of Public Hearings
The Planning Board of the Town of Standish

(from MMA's Handbook for Local Planning Boards: A Legal Perspective, August 1982, rev. 1991)
prepared by Rebecca Warren Seel, Senior Staff Attorney

This Maine Municipal Association publication is presented for "Classroom Use Only."  Its intended use is to stimulate and aid in discussion and role playing within a classroom setting.

1. SCOPE OF RULES

These rules govern the practice, procedure and conduct of public hearings held by the Planning Board of the Town of Standish (hereinafter referred to as the "Planning Board.") These rules shall be liberally construed so as to enable the Planning Board to accomplish its duties and responsibilities in a just, speedy and inexpensive manner. Where good cause appears, the Planning Board may permit deviation from these rules insofar as it may find compliance therewith to be impracticable or unnecessary.

2. NOTICE OF PUBLIC HEARINGS

Notice of all public hearings shall be published in the Portland Press Herald, the date of publication to be at least seven days before such hearing and the notice shall be posted in at least three prominent places at least seven days before such hearing. The notice shall set forth the nature of the hearing, the time, date and the place of the hearing.

3. PRESIDING OFFICER

The Presiding officer at all public hearings shall either be the Chairman or Vice-Chairman of the Planning Board or a member of the Planning Board who is selected by those members present at the hearing. The Presiding officer shall have authority to:

a. rule upon issues of evidence;

b. regulate the course of the hearing;

c. rule upon issues of procedure;

d. take such other actions as may be ordered by the Planning Board or that are necessary for the efficient and orderly conduct of the hearing, consistent with these rules and applicable statutes.

4. GENERAL CONDUCT OF THE PUBLIC HEARING

A. Opening Statement

The Presiding officer shall open the hearing by describing in general terms the purpose of the hearing and the general procedure governing its conduct.

B. Record Of Testimony

The Planning Board shall make a record of the hearing by an appropriate means. If a sound recording is made any person shall have the opportunity to listen to the recording at such reasonable times and at such a place as may be designated by the Planning Board.

C. Witnesses

Witnesses shall be required to state for the record their name, residence address, business address, business or professional affiliation, the nature of their interest in the hearing, and whom they represent.

D. Continuances

All hearings conducted pursuant to these rules may be continued for reasonable cause and reconvened from time to time and from place to place as may be determined by a majority of the Planning Board members present. Continuances may be granted at the request of any person participating in such hearing if it is determined that a continuance is necessary. This provision shall not be interpreted in such a fashion as to cause unreasonable or needless dely in any hearing.

All orders for continuances shall specify the time and place at which such hearing shall be reconvened. The Planning Board or the Presiding Officer shall notify interested persons and the public in such manner as is appropriate to insure that reasonable notice will be given of the time and place of such reconvened hearing.

E. REGULATION OF CERTAIN DEVISES

The placement and use of television cameras, still cameras, motion picture cameras or microphones at Planning Board hearings, for the purpose of recording the proceedings thereof may be regulated by the Chairman or the Presiding officer so as to avoid interference with the orderly conduct of the hearing.

5. EVIDENCE

A. GENERALLY

Evidence which is relevant and material to the subject matter of the hearing of a type commonly relied upon by reasonably prudent individuals in the conduct of their affairs shall be admissible. Evidence which is irrelevant, immaterial, or unduly repetitious shall be excluded.

B. OFFICIAL NOTICE

The Planning Board may, at any time, take notice of judicially cognizable fact, generally recognized facts of common knowledge to the general public and physical, technical or scientific facts within the specialized knowledge of the Planning Board.

C. DOCUMENTARY AND REAL EVIDENCE

All documents, materials and objects offered as evidence shall, if accepted, be numbered or otherwise identified. Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. The Planning Board or the Presiding officer may require, after prior oral or written reasonable notice, that any party offering any documentary or photographic evidence shall provide the Planning Board with an appropriate number of copies of such documents or photographs unless such documents or photographs are determined to be of such form, size or character as not to be reasonably susceptible of reproduction. All documents, materials and objects accepted into evidence shall be made available during the course of the hearing for public examination and explanation. All such evidence shall also be available for public examination at a place designated by the Planning Board during normal business hours.

D. OBJECTIONS

All objections to rulings of the Presiding officer regarding evidence or procedure shall be timely made during the course of the hearing.

If after the close of the hearing and during its deliberations the Planning Board determines that any ruling of the Presiding officer was in error, it may reopen the hearing or take such other action as it deems appropriate to correct such error.

6. TESTIMONY, QUESTIONS, REBUTTAL AND SUBMISSIONS

(1) The Planning Board members, staff and consultants shall testify first and may introduce documentary, photographic and real evidence including studies, reports, analyses and other information and theretofore compiled by the staff or consultants for the purpose of the hearing.

(2) Federal, State and other governmental agencies and representatives may testify at the conclusion of all Planning Board testimony.

(3) Anyone else present may then testify.

(4) Any person intending to participate in the hearing will be given preference in the order of presentation within subparagraph 3 by informing the Planning Board before the day of the hearing.

B. QUESTIONING OF WITNESSES

Planning Board members, staff, consultants and counsel may ask questions of witnesses at any time. At the conclusion of the testimony of each witness, all persons shall have the opportunity to question such witness through the Presiding officer or directly, as may be determined by the Presiding officer. In all cases the applicant shall have a right to directly cross-examine witnesses. Such questioning shall be conducted in the following order:

(1) Planning Board members, staff and consultants;

(2) Federal, State and other governmental representative beginning in the order of appearance of those giving direct testimony;

(3) All others, beginning in the order of appearance of those giving direct testimony.

The Presiding officer may refuse to permit irrelevant, immaterial or repetitious questions or other questions which do not advance or serve the purpose of the hearing and shall state the basis for such refusal on the record when requested to do so by the party asking the questions.

(4) The Presiding Officer may require that such questioning be conducted at the conclusion of the testimony of each category of witness rather than at the conclusion of the testimony of each witness. The Presiding officer may impose reasonable limitations on the number of witnesses to be heard and on the nature and length of their testimony and questioning.

C. REBUTTAL TESTIMONY

At the conclusion of all direct testimony and questioning of each witness or category of witness as determined by the Presiding officer all persons participating in such hearing shall have the opportunity to submit rebuttal testimony in the order provided in Sec. 6. Rebuttal testimony shall be limited to those matters which were the subject of direct testimony, and no new subject matter may be introduced into such a hearing by way of rebuttal.

D. VARYING ORDER OF APPEARANCE

When circumstances warrant, the Chairman or the Presiding officer may vary the order in which testimony is given or witnesses questioned.

7. CONCLUSION OF HEARING

At the conclusion of the hearing, no further evidence or testimony will be allowed into the record except as provided in Sec. 8 below.

8. LEAVING THE RECORD OPEN

Upon such request made prior to or during the course of the hearing, the Presiding officer may permit persons participating in any hearing pursuant to these regulations to file proposed findings, determinations, or other written statements with the Planning Board for inclusion in the record after the conclusion of the hearing within such time and upon such notification to the other participants as the Presiding officer may require. This section is in no way to be interpreted so as to prevent the Planning Board members, its staff or consultants from submitting proposals to the Commission at any time.

9. REOPENING OF HEARING

At any time prior to a final decision, the Planning Board or the Chairman may reopen the record for further proceedings consistent with these Rules, provided, however, that the Chairman shall give notice of such further proceedings to the participants and the public in such manner as is deemed appropriate.

10. MISCELLANEOUS

A. Record

The record of the hearing shall consist of the recording of the hearing, all exhibits, all briefs, proposed findings and rulings thereon, and any proposed findings of fact and conclusions of the Presiding officer. Such record shall be reported to the Planning Board for its decision.

B. Copies of Record

Any participant or other member of the public may obtain a copy of the record from the Planning Board upon payment of the cost of transcription, reproduction, and postage.

C. Forms

All motions, petitions and briefs and to the extent practicable, written testimony, filed with the Planning Board, except for documents not susceptible of reproduction in the manner herein provided or for other good cause shown, shall be typewritten or printed on white opaque paper 8 1/2 X 11 inches in size, bound on the left margin. Typed matter shall be double spaced. The first page of each document shall be headed by the title:

THE PLANNING BOARD OF THE TOWN OF STANDISH

and shall have a caption with the title of the hearing, the title of the document, the name of the person or organization submitting the document, and the date upon which the document was compiled.

11. EFFECTIVE DATE

These regulations are effective as of when they were adopted by the Planning Board.