An Act To Establish More Transparency, Due Process, Education and Understanding between the Department of Health and Human Services and Certain Maine Businesses
Maine Legislature, Session 130, LD 1241
Committee: Health and Human Services
Sponsors: FECTEAU, BRADSTREET, KEIM, TIMBERLAKE
Amends: 22 MRSA §2496

Legislative Document
No. 1241
H.P. 907
House of Representatives, March 25, 2021
An Act To Establish More Transparency, Due Process, Education 
and Understanding between the Department of Health and Human 
Services and Certain Maine Businesses
Received by the Clerk of the House on March 23, 2021.  Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative FECTEAU of Augusta.
Cosponsored by Representative: BRADSTREET of Vassalboro, Senators: KEIM of Oxford, 
TIMBERLAKE of Androscoggin.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §2496, sub-§3 is enacted to read:
3.  Complaint procedures; information disclosures.  The department shall develop 
a standard procedure for investigating each complaint against an establishment licensed 
pursuant to section 2492, subsection 1.  When the department or a delegated municipality 
has investigated the complaint and determined the corrective actions required by the 
licensed establishment for compliance with all licensing requirements, the following must 
be disclosed to the owner or person in charge of the establishment:
A.  The nature of the complaint;
B.  The name and contact information of the complainant;
C.  The method of submitting the complaint;
D.  The name and contact information for the designated officer or employee of the 
department or representative of the delegated municipality responsible for 
investigating the complaint;
E.  A copy of the law, rule, executive order or policy that the establishment is violating;
F.  Any scientific or educational materials previously distributed to establishments 
relevant to the complaint;
G.  The list of corrective actions, and related timelines, necessary to establish 
compliance;
H.  Written confirmation when corrective actions have been completed;
I.  The rights and appeals processes available to establishments; and
J.  Possible accommodations or alternatives available as exceptions to requirements.
Sec. 2.  22 MRSA §2496, sub-§4 is enacted to read:
4.  Complaint; compliance determination.  Upon completion of each complaint 
investigation pursuant to subsection 3, the department or delegated municipality shall issue 
a finding with respect to compliance with all licensing requirements that determines that 
the establishment licensed pursuant to section 2492, subsection 1 is:
A.  Compliant and the complaint was fraudulent or incorrect;
B.  Compliant due to the completion of corrective actions;
C.  Compliant due to approval of accommodations or alternatives available as 
exceptions to requirements; or
D.  Noncompliant.
Sec. 3.  22 MRSA §2496, sub-§5 is enacted to read:
5.  Scientific and educational materials.  Materials that are scientific or educational 
that are distributed to establishments licensed pursuant to section 2492, subsection 1 but 
that are not considered requirements for licensing or compliance with law or rules must be 
clearly identified as not being necessary for compliance with licensing requirements.  If a 
designated officer or employee of the department or representative of the delegated 
municipality visits an establishment for the purpose of discussing such materials, the owner 
or person in charge must be notified no less than 24 hours prior to the visit and the visit 
must take place during the ordinary business hours of the licensed establishment.
SUMMARY
This bill requires the Department of Health and Human Services to establish a standard 
procedure for investigating complaints against establishments licensed under the Maine 
Revised Statutes, Title 22, section 2492, subsection 1.  The bill provides that certain 
information must be shared with the owner or person in charge of an establishment that is 
the subject of such an investigation, including the name of the complainant, the name of 
the department employee investigating the complaint, the laws, rules, executive orders or 
policies not being complied with, a corrective action plan, possible accommodations as 
alternatives to requirements and the appeals procedures.  The department is required to 
issue a finding with respect to compliance.  The bill also requires any scientific or 
educational materials that are unrelated to licensing requirements to be clearly identified 
this way.  If a representative of the department visits an establishment to discuss these 
materials, advance notice must be provided and the visit must take place in ordinary 
business hours.  Municipalities that are delegated authority of licensing and inspection by 
the department are subject to the same requirements.  Establishments licensed under Title 
22, section 2492, subsection 1 are eating establishments, lodging places, recreational or 
sporting camps, campgrounds, youth camps, public pools and public spas.