Maine Revised Statutes

Me. Rev. Stat. tit. 5, § 9054 (2026)

Public participation

✓ current as of May 2026

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1. Intervention. On timely application made pursuant to agency rules, the agency conducting the proceedings shall allow any person showing that the person is or may be, or is a member of a class that is or may be, substantially and directly affected by the proceeding, or any other agency of federal, state or local government, to intervene as a party to the proceeding.

[PL 2025, c. 390, Pt. A, §10 (AMD).]

2. Intervention; interested person. The agency may, by order, allow any other interested person to intervene and participate as a full or limited party to the proceeding. This subsection shall not be construed to limit public participation in the proceeding in any other capacity.

[PL 1977, c. 551, §3 (NEW).]

3. Participation limited or denied. When participation of any person is limited or denied, the agency shall include in the record an entry to that effect and the reasons therefor.

[PL 1977, c. 551, §3 (NEW).]

4. Consolidation of presentations. Where appropriate, the agency may require consolidation of presentations of evidence and argument by members of a class entitled to intervene under subsection 1, or by persons allowed to intervene under subsection 2.

[PL 1977, c. 551, §3 (NEW).]

5. Participation. The agency shall allow any of its staff to appear and participate in any adjudicatory proceeding.

[PL 1977, c. 551, §3 (NEW).]

SECTION HISTORY

PL 1977, c. 551, §3 (NEW). RR 2023, c. 2, Pt. B, §80 (COR). PL 2025, c. 390, Pt. A, §10 (AMD).

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1982–2021 · leading case: New England Tel. & Tel. Co. v. Pub. Utils. Comm'n, 448 A.2d 272 (Me. 1982).

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New England Tel. & Tel. Co. v. Pub. Utils. Comm'n, 448 A.2d 272 (Me. 1982). · cites it 2× “Subsection 3 of 5 M.R.S.A. § 9054 provides as follows: 3.”

Cline v. Maine Coast Nordic, 1999 ME 72 (Me. 1999). · cites it 2× “Although the Clines appeared at the hearing and objected to Maine Nordic’s lease, they failed to intervene as parties to the proceeding pursuant to 5 M.R.S.A. § 9054 (1989) 3 or otherwise assert party status as defined in 5 M.”

Consumers for Affordable Health Care, Inc. v. Superintendent of Ins., 2002 ME 158 (Me. 2002). · cites it 2× “Without opposition by Anthem or BCBSME, the Superintendent granted CAHC permissive inter-venor status pursuant to 5 M.R.S.A. § 9054(2) (2002), 8 permitting CAHC to “engage in discovery, present evidence and conduct cross-examination.”

New England Whitewater Ctr., Inc. v. Dep't of Inland Fisheries & Wildlife, 550 A.2d 56 (Me. 1988). “§ 9052; participation of any person or party, limited or denied only with a written explanation by the agency, 5 M.R.S.A. § 9054(3); and the right of every party “to present evidence and argument on all issues and at any hearing to call and examine witnesses and to make oral…”

MAINE AFL-CIO v. Superintendent of Ins., 595 A.2d 424 (Me. 1991). “The Superintendent subsequently granted intervenor status to the Maine Chamber of Commerce and Industry and the AFL-CIO and limited intervenor status to a number of Maine business associations and corporations pursuant to 5 M.R.S.A. § 9054(1) & (2) (1989).”

Marina Narowetz v. Bd. of Dental Practice, 2021 ME 46 (Me. 2021). “” The notice also stated: Pursuant to 5 M.R.S. § 9054(5), Board staff with the assistance of an assistant attorney general will facilitate the presentation of this matter to the Board by offering relevant evidence, examining witnesses, filing appropriate motions, and responding…”

Bayside Enter., Inc. v. Maine Agric. Bargaining Bd., 513 A.2d 1355 (Me. 1986). “5 M.R.S.A. § 9054(1) (1979). Between the first and second hearings, at the Secretary of State’s request, Pine Tree refiled its Certificate of Incorporation to correct defects in form.”

Nat. Resources Council v. Pub. Utils. Comm'n, 567 A.2d 71 (Me. 1989). · cites it 4× “"As of right” status is granted pursuant to 5 M.R.S.A. § 9054 (1989), which states, in pertinent part: 1.”

Penobscot Nation v. Maine Harness Racing Comm'n (Me. Super. Ct 2004). “The Administrative Procedures Act, 5 MRSA §9054(1), provides that a party may intervene in an agency proceeding on timely application, made pursuant to agency rules, so long as that party makes a showing that he is or may be a member of a class which is or may be substantially…”

— Me. Rev. Stat. tit. 5, § 9054(1) — 5 cases

Cline v. Maine Coast Nordic, 1999 ME 72 (Me. 1999). “Although the Clines appeared at the hearing and objected to Maine Nordic’s lease, they failed to intervene as parties to the proceeding pursuant to 5 M.R.S.A. § 9054 (1989) 3 or otherwise assert party status as defined in 5 M.”

MAINE AFL-CIO v. Superintendent of Ins., 595 A.2d 424 (Me. 1991). “The Superintendent subsequently granted intervenor status to the Maine Chamber of Commerce and Industry and the AFL-CIO and limited intervenor status to a number of Maine business associations and corporations pursuant to 5 M.R.S.A. § 9054(1) & (2) (1989).”

Bayside Enter., Inc. v. Maine Agric. Bargaining Bd., 513 A.2d 1355 (Me. 1986). “5 M.R.S.A. § 9054(1) (1979). Between the first and second hearings, at the Secretary of State’s request, Pine Tree refiled its Certificate of Incorporation to correct defects in form.”

Penobscot Nation v. Maine Harness Racing Comm'n (Me. Super. Ct 2004). “The Administrative Procedures Act, 5 MRSA §9054(1), provides that a party may intervene in an agency proceeding on timely application, made pursuant to agency rules, so long as that party makes a showing that he is or may be a member of a class which is or may be substantially…”

Nat. Resources Council v. Pub. Utils. Comm'n, 567 A.2d 71 (Me. 1989). “"As of right” status is granted pursuant to 5 M.R.S.A. § 9054 (1989), which states, in pertinent part: 1.”

— Me. Rev. Stat. tit. 5, § 9054(2) — 2 cases

Consumers for Affordable Health Care, Inc. v. Superintendent of Ins., 2002 ME 158 (Me. 2002). “Without opposition by Anthem or BCBSME, the Superintendent granted CAHC permissive inter-venor status pursuant to 5 M.R.S.A. § 9054(2) (2002), 8 permitting CAHC to “engage in discovery, present evidence and conduct cross-examination.”

Nat. Resources Council v. Pub. Utils. Comm'n, 567 A.2d 71 (Me. 1989). “"As of right” status is granted pursuant to 5 M.R.S.A. § 9054 (1989), which states, in pertinent part: 1.”

— Me. Rev. Stat. tit. 5, § 9054(3) — 2 cases

New England Whitewater Ctr., Inc. v. Dep't of Inland Fisheries & Wildlife, 550 A.2d 56 (Me. 1988). “§ 9052; participation of any person or party, limited or denied only with a written explanation by the agency, 5 M.R.S.A. § 9054(3); and the right of every party “to present evidence and argument on all issues and at any hearing to call and examine witnesses and to make oral…”

New England Tel. & Tel. Co. v. Pub. Utils. Comm'n, 448 A.2d 272 (Me. 1982). “Subsection 3 of 5 M.R.S.A. § 9054 provides as follows: 3.”

— Me. Rev. Stat. tit. 5, § 9054(5) — 1 case

Marina Narowetz v. Bd. of Dental Practice, 2021 ME 46 (Me. 2021). “” The notice also stated: Pursuant to 5 M.R.S. § 9054(5), Board staff with the assistance of an assistant attorney general will facilitate the presentation of this matter to the Board by offering relevant evidence, examining witnesses, filing appropriate motions, and responding…”

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