reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 160: RADIATION PROTECTION ACT › 22 §686. Conflicting laws

§686. Conflicting laws
Ordinances, resolutions or regulations, now or hereafter in effect, of the governing body of a municipality or county or of state agencies other than the Department of Health and Human Services relating to by-product, source and special nuclear materials, except as provided in sections 678 and 679, shall not be superseded by this Act, provided that the ordinances or regulations are and continue to be consistent with this Act, amendments thereto and rules thereunder.   [PL 1987, c. 493, §8 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
SECTION HISTORY
PL 1983, c. 345, §§13,14 (NEW). PL 1987, c. 493, §8 (AMD). PL 2003, c. 689, §B6 (REV).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 160: RADIATION PROTECTION ACT › 22 §687. Administrative procedure and judicial review

§687. Administrative procedure and judicial review
Administrative procedure and judicial review shall be in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375.   [PL 1983, c. 345, §§13, 14 (NEW).]
SECTION HISTORY
PL 1983, c. 345, §§13,14 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 160: RADIATION PROTECTION ACT › 22 §688. Injunction proceedings; impounding

§688. Injunction proceedings; impounding
1.  Injunctions.
Whenever, in the judgment of the department, any person has engaged in or is about to engage in any acts or practices which constitute or will constitute a violation of this Act, or any rule or order issued thereunder, and at the request of the department, the Attorney General may make application to the Superior Court for an order enjoining those acts or practices, or for an order directing compliance, and, upon a showing by the department that the person has engaged or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order or other order may be granted.
[PL 1983, c. 345, §§13, 14 (NEW).]
2.  Impounding.
In accordance with all applicable statutes and regulations, the department may, in the event of an emergency, impound or order the impounding of sources of radiation in the possession of any person who is not equipped to observe or fails to observe the provisions of this Act or any rules issued under this Act.
[PL 1983, c. 345, §§13, 14 (NEW).]
SECTION HISTORY
PL 1983, c. 345, §§13,14 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 160: RADIATION PROTECTION ACT › 22 §689. Prohibited uses

§689. Prohibited uses
Except for consumer products, it is unlawful for any person to use, manufacture, produce, distribute, sell, transport, transfer, install, repair, receive, acquire, own or possess any source of radiation, unless licensed by or registered with the department in conformance with rules, if any, promulgated in accordance with this Act. Notwithstanding this paragraph, licensing or registration of specific consumer products may be required by the department by rule in specified circumstances.   [PL 1983, c. 345, §§13, 14 (NEW).]
SECTION HISTORY
PL 1983, c. 345, §§13,14 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 161: NEW ENGLAND HEALTH SERVICES AND FACILITIES COMPACT (REPEALED) › Subchapter 1: COMPACT › 22 §691. Purpose -- Article I (REPEALED)

§691. Purpose -- Article I
(REPEALED)
SECTION HISTORY
PL 1981, c. 703, §A9 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 161: NEW ENGLAND HEALTH SERVICES AND FACILITIES COMPACT (REPEALED) › Subchapter 1: COMPACT › 22 §692. New England Board of Health Services and Facilities -- Article II (REPEALED)

§692. New England Board of Health Services and Facilities -- Article II
(REPEALED)
SECTION HISTORY
PL 1981, c. 703, §A9 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 161: NEW ENGLAND HEALTH SERVICES AND FACILITIES COMPACT (REPEALED) › Subchapter 1: COMPACT › 22 §693. When operative -- Article III (REPEALED)

§693. When operative -- Article III
(REPEALED)
SECTION HISTORY
PL 1981, c. 703, §A9 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 161: NEW ENGLAND HEALTH SERVICES AND FACILITIES COMPACT (REPEALED) › Subchapter 1: COMPACT › 22 §694. Officers and duties of board -- Article IV (REPEALED)

§694. Officers and duties of board -- Article IV
(REPEALED)
SECTION HISTORY
PL 1981, c. 703, §A9 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 161: NEW ENGLAND HEALTH SERVICES AND FACILITIES COMPACT (REPEALED) › Subchapter 1: COMPACT › 22 §695. Powers -- Article V (REPEALED)

§695. Powers -- Article V
(REPEALED)
SECTION HISTORY
PL 1981, c. 703, §A9 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 161: NEW ENGLAND HEALTH SERVICES AND FACILITIES COMPACT (REPEALED) › Subchapter 1: COMPACT › 22 §696. Contribution of states -- Article VI (REPEALED)

§696. Contribution of states -- Article VI
(REPEALED)
SECTION HISTORY
PL 1981, c. 703, §A9 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 161: NEW ENGLAND HEALTH SERVICES AND FACILITIES COMPACT (REPEALED) › Subchapter 1: COMPACT › 22 §697. Gifts and grants -- Article VII (REPEALED)

§697. Gifts and grants -- Article VII
(REPEALED)
SECTION HISTORY
PL 1981, c. 703, §A9 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 161: NEW ENGLAND HEALTH SERVICES AND FACILITIES COMPACT (REPEALED) › Subchapter 1: COMPACT › 22 §698. Severability -- Article VIII (REPEALED)

§698. Severability -- Article VIII
(REPEALED)
SECTION HISTORY
PL 1981, c. 703, §A9 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 161: NEW ENGLAND HEALTH SERVICES AND FACILITIES COMPACT (REPEALED) › Subchapter 1: COMPACT › 22 §699. Withdrawal -- Article IX (REPEALED)

§699. Withdrawal -- Article IX
(REPEALED)
SECTION HISTORY
PL 1981, c. 703, §A9 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 161: NEW ENGLAND HEALTH SERVICES AND FACILITIES COMPACT (REPEALED) › Subchapter 2: PROVISIONS RELATING TO THE COMPACT › 22 §731. Execution by Governor (REPEALED)

§731. Execution by Governor
(REPEALED)
SECTION HISTORY
PL 1981, c. 703, §A9 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 161: NEW ENGLAND HEALTH SERVICES AND FACILITIES COMPACT (REPEALED) › Subchapter 2: PROVISIONS RELATING TO THE COMPACT › 22 §732. Entry into force; action with other states (REPEALED)

§732. Entry into force; action with other states
(REPEALED)
SECTION HISTORY
PL 1981, c. 703, §A9 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 161: NEW ENGLAND HEALTH SERVICES AND FACILITIES COMPACT (REPEALED) › Subchapter 2: PROVISIONS RELATING TO THE COMPACT › 22 §733. Membership (REPEALED)

§733. Membership
(REPEALED)
SECTION HISTORY
PL 1981, c. 703, §A9 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 161: NEW ENGLAND HEALTH SERVICES AND FACILITIES COMPACT (REPEALED) › Subchapter 2: PROVISIONS RELATING TO THE COMPACT › 22 §734. Appropriations (REPEALED)

§734. Appropriations
(REPEALED)
SECTION HISTORY
PL 1981, c. 703, §A9 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 163: NEW ENGLAND COMPACT ON RADIOLOGICAL HEALTH PROTECTION › Subchapter 1: COMPACT › 22 §751. Purposes -- Article I

§751. Purposes -- Article I
The purposes of this compact are to:   [PL 1967, c. 226 (NEW).]
1.  Promote protection.
Promote the radiological health protection of the public and individuals within the party states;
[PL 1967, c. 226 (NEW).]
2.  Mutual aid.
Provide mutual aid and assistance in radiological health matters including, but not limited to, radiation incidents;
[PL 1967, c. 226 (NEW).]
3.  Personnel and equipment.
Encourage and facilitate the efficient use of personnel and equipment by furthering the orderly acquisition and sharing of resources useful for programs of radiation protection.
[PL 1967, c. 226 (NEW).]
SECTION HISTORY
PL 1967, c. 226 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 163: NEW ENGLAND COMPACT ON RADIOLOGICAL HEALTH PROTECTION › Subchapter 1: COMPACT › 22 §752. Enactment -- Article II

§752. Enactment -- Article II
This compact shall become effective when enacted into law by any 2 or more of the states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont. Thereafter it shall become effective with respect to any other aforementioned state upon its enacting this compact into law. Any state not mentioned in this Article which is contiguous to any party state may become a party to this compact by enacting the same.   [PL 1967, c. 226 (NEW).]
SECTION HISTORY
PL 1967, c. 226 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 163: NEW ENGLAND COMPACT ON RADIOLOGICAL HEALTH PROTECTION › Subchapter 1: COMPACT › 22 §753. Duties of states -- Article III

§753. Duties of states -- Article III
1.  Plan.
It shall be the duty of each party state to formulate and put into effect an intrastate radiation incident plan which is compatible with the interstate radiation incident plan formulated pursuant to this compact.
[PL 1967, c. 226 (NEW).]
2.  Aid.
Whenever the compact administrator of a party state requests aid from the compact administrator of any other party state pursuant to this compact, the requested state shall render all possible aid to the requesting state that is consonant with the maintenance of protection of its own people. The compact administrator of a party state may delegate any or all of the compact administrator's authority to request aid or respond to requests for aid pursuant to this compact to one or more subordinates, in order that requests for aid and responses thereto are not impeded by reason of the absence or unavailability of the compact administrator. Any compact administrator making such a delegation shall inform all the other compact administrators thereof, and shall inform them of the identity of the subordinate or subordinates to whom the delegation has been made.
[RR 2021, c. 2, Pt. B, §86 (COR).]
3.  Personnel and equipment.
Each party state shall maintain adequate radiation protection personnel and equipment to meet normal demands for radiation protection within its borders.
[PL 1967, c. 226 (NEW).]
SECTION HISTORY
PL 1967, c. 226 (NEW). RR 2021, c. 2, Pt. B, §86 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 163: NEW ENGLAND COMPACT ON RADIOLOGICAL HEALTH PROTECTION › Subchapter 1: COMPACT › 22 §754. Liability -- Article IV

§754. Liability -- Article IV
Whenever the officers or employees of any party state are rendering outside aid pursuant to the request of another party state under this compact, the officers or employees of such state shall, under the direction of the authorities of the state to which they are rendering aid, have the same powers, duties, rights, privileges and immunities as comparable officers and employees of the state to which they are rendering aid.   [PL 1967, c. 226 (NEW).]
No party state or its officers or employees rendering outside aid pursuant to this compact shall be liable on account of any act or omission on their part while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.   [PL 1967, c. 226 (NEW).]
All liability that may arise either under the laws of the requesting state or under the laws of the aiding state or under the laws of a 3rd state, on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.   [PL 1967, c. 226 (NEW).]
Any party state rendering outside aid to cope with a radiation incident shall be reimbursed by the party state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation and maintenance of officers, employees and equipment incurred in connection with such request, provided that nothing herein contained shall prevent any assisting party state from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such services to the receiving party state without charge or cost.   [PL 1967, c. 226 (NEW).]
Each party state shall provide for the payment of compensation and death benefits to injured officers and employees and the representatives of deceased officers and employees in case officers or employees sustain injuries or are killed while rendering outside aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within the state for or in which the officer or employee was regularly employed.   [PL 1967, c. 226 (NEW).]
SECTION HISTORY
PL 1967, c. 226 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 163: NEW ENGLAND COMPACT ON RADIOLOGICAL HEALTH PROTECTION › Subchapter 1: COMPACT › 22 §755. Facilities, equipment and personnel -- Article V

§755. Facilities, equipment and personnel -- Article V
Whenever a department, agency or officer of a party state responsible for and having control of facilities or equipment designed for or useful in radiation control, radiation research, or any other phase of a radiological health program or programs, determines that such a facility or item of equipment is not being used to its full capacity by such party state, or that temporarily it is not needed for current use by such state, a department, agency or officer may, upon request of an appropriate department, agency or officer of another party state, make such facility or item of equipment available for use by such requesting department, agency or officer. Unless otherwise required by law, the availability and use resulting therefrom may be with or without charge, at the discretion of the lending department, agency or officer.   [PL 1967, c. 226 (NEW).]
Any personal property made available pursuant to this section may be removed to the requesting state, but no such property shall be made available, except for a specified period and pursuant to written agreement. Except when necessary to meet an emergency, no supplies or materials intended to be consumed prior to return shall be made available pursuant to this section.   [PL 1967, c. 226 (NEW).]
In recognition of the mutual benefits, in addition to those resulting from Article IV, accruing to the party states from the existence and flexible use of professional or technical personnel having special skills or training related to radiation protection, such personnel may be made available to a party state by appropriate departments, agencies and officers of other party states, provided that the borrower reimburses such party state regularly employing the personnel in question for any cost of making such personnel available, including a prorated share of the salary or other compensation of the personnel involved.   [PL 1967, c. 226 (NEW).]
Nothing in this Article shall be construed to limit or to modify in any way Article IV of this compact.   [PL 1967, c. 226 (NEW).]
SECTION HISTORY
PL 1967, c. 226 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 163: NEW ENGLAND COMPACT ON RADIOLOGICAL HEALTH PROTECTION › Subchapter 1: COMPACT › 22 §756. Compact administrators -- Article VI

§756. Compact administrators -- Article VI
Each party state shall have a compact administrator who shall be the head of the state agency having principal responsibility for radiation protection, and who:   [PL 1967, c. 226 (NEW).]
1.  Coordinate activities.
Shall coordinate activities pursuant to this compact in and on behalf of the compact administrator's state.
[RR 2021, c. 2, Pt. B, §87 (COR).]
2.  Incident plan.
Serving jointly with the compact administrators of the other party states, shall develop and keep current an interstate radiation incident plan, consider such other matters as may be appropriate in connection with programs of cooperation in the field of radiation protection and allied areas of common interest, and formulate procedures for claims and reimbursement under Article IV.
[PL 1967, c. 226 (NEW).]
SECTION HISTORY
PL 1967, c. 226 (NEW). RR 2021, c. 2, Pt. B, §87 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 163: NEW ENGLAND COMPACT ON RADIOLOGICAL HEALTH PROTECTION › Subchapter 1: COMPACT › 22 §757. Other responsibilities and activities -- Article VII

§757. Other responsibilities and activities -- Article VII
Nothing in this compact shall be construed to:   [PL 1967, c. 226 (NEW).]
1.  Protection program.
Authorize or permit any party state to curtail or diminish its radiation protection program, equipment, services or facilities.
[PL 1967, c. 226 (NEW).]
2.  Health protection.
Limit or restrict the powers of any state ratifying the same to provide for the radiological health protection of the public and individuals, or to prohibit the enactment or enforcement of state laws, rules or regulations intended to provide for such radiological health protection.
[PL 1967, c. 226 (NEW).]
3.  Existing arrangements.
Affect any existing or future cooperative relationship or arrangement between Federal, State or local governments and a party state or states.
[PL 1967, c. 226 (NEW).]
SECTION HISTORY
PL 1967, c. 226 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 163: NEW ENGLAND COMPACT ON RADIOLOGICAL HEALTH PROTECTION › Subchapter 1: COMPACT › 22 §758. Withdrawal -- Article VIII

§758. Withdrawal -- Article VIII
Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.   [PL 1967, c. 226 (NEW).]
SECTION HISTORY
PL 1967, c. 226 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 163: NEW ENGLAND COMPACT ON RADIOLOGICAL HEALTH PROTECTION › Subchapter 1: COMPACT › 22 §759. Construction and severability -- Article IX

§759. Construction and severability -- Article IX
It is the legislative intent that the provisions of this compact be reasonably and liberally construed. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be unconstitutional or the applicability thereof, to any state, agency, person or circumstance is held invalid, the constitutionality of the remainder of this compact and the applicability thereof, to any other state, agency, person or circumstance shall not be affected thereby.   [PL 1967, c. 226 (NEW).]
SECTION HISTORY
PL 1967, c. 226 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 163: NEW ENGLAND COMPACT ON RADIOLOGICAL HEALTH PROTECTION › Subchapter 2: PROVISIONS RELATING TO THE COMPACT › 22 §760. Radiation incident plan

§760. Radiation incident plan
The Commissioner of Health and Human Services shall formulate and keep current a radiation incident plan for this State, in accordance with the duty assumed pursuant to Article III, subsection 1 of the compact.   [PL 1975, c. 293, §4 (AMD); PL 2003, c. 689, Pt. B, §7 (REV).]
SECTION HISTORY
PL 1967, c. 226 (NEW). PL 1975, c. 293, §4 (AMD). PL 2003, c. 689, §B7 (REV).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 163: NEW ENGLAND COMPACT ON RADIOLOGICAL HEALTH PROTECTION › Subchapter 2: PROVISIONS RELATING TO THE COMPACT › 22 §761. Compact administrator for Maine

§761. Compact administrator for Maine
The compact administrator for this State, as required by Article VI of the compact, shall be the Commissioner of Health and Human Services.   [PL 1975, c. 293, §4 (AMD); PL 2003, c. 689, Pt. B, §7 (REV).]
SECTION HISTORY
PL 1967, c. 226 (NEW). PL 1975, c. 293, §4 (AMD). PL 2003, c. 689, §B7 (REV).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 165: RADON REGISTRATION ACT › 22 §771. Short title

§771. Short title
This chapter may be known and cited as the "Radon Registration Act."   [PL 1989, c. 657, §1 (NEW).]
SECTION HISTORY
PL 1989, c. 657, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 165: RADON REGISTRATION ACT › 22 §772. Definitions

§772. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1989, c. 657, §1 (NEW).]
1.  Associated radiological concerns.
"Associated radiological concerns" means radioactive elements other than radon, including, but not limited to, radium, thorium, uranium and their respective decay products.
[PL 1989, c. 657, §1 (NEW).]
2.  Authorized radon testing device.
"Authorized radon testing device" means a device that:
A. Collects radon or its decay products;   [PL 1989, c. 657, §1 (NEW).]
B. Requires analysis by an independent measuring facility or is a continuous monitoring device; and   [PL 1989, c. 657, §1 (NEW).]
C. Has been determined to meet the proficiency requirements as determined by the department through rule. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A.   [PL 2001, c. 574, §8 (AMD).]
[PL 2001, c. 574, §8 (AMD).]
3.  Division.
"Division" means the division of environmental health within the Department of Health and Human Services.
[PL 2011, c. 144, §1 (RPR).]
4.  Listed facility.
"Listed facility" means a radon testing facility that is designated as providing radon analysis services and that has proven its proficiency to the department.
[PL 1999, c. 76, §2 (AMD).]
5.  Radon.
"Radon" means the radioactive gaseous element and its decay products produced by the disintegration of the element radium in air, water, soil or other media.
[PL 1989, c. 657, §1 (NEW).]
6.  Radon testing services.
"Radon testing services" means providing, for remuneration, determination of radon levels or analysis of an authorized radon testing device. This term includes those services provided by listed facilities.
[PL 1989, c. 657, §1 (NEW).]
SECTION HISTORY
PL 1989, c. 657, §1 (NEW). PL 1999, c. 76, §§1,2 (AMD). PL 2001, c. 574, §8 (AMD). PL 2003, c. 689, §B6 (REV). PL 2011, c. 144, §1 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 165: RADON REGISTRATION ACT › 22 §773. Lead agency

§773. Lead agency
The division is the lead agency having primary responsibility for programs related to radon and associated radiological concerns. The division shall register firms, including listed facilities, and individuals who test for the presence of radon or associated radiological concerns or who provide consulting, construction or other remedial services for reducing the levels of radon or associated radiological concerns. The division may facilitate functions including, but not limited to, education, funding, liaison, technology transfer and training with the United States Environmental Protection Agency or other federal or state agencies. The division also serves as an information clearinghouse for radon and associated radiological concerns by maintaining records and disseminating information to educate the public about radon, describing technical assistance programs and interpreting test results as appropriate.   [PL 1989, c. 657, §1 (NEW).]
SECTION HISTORY
PL 1989, c. 657, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 165: RADON REGISTRATION ACT › 22 §774. Radon testing; registration required

§774. Radon testing; registration required
A person may not perform, evaluate or advertise to perform or evaluate tests for the presence of radon in buildings or on building lots unless registered with the division. This registration requirement includes without limitation a person whose place of business is located in the State, or in another state, who offers radon testing services to residents of the State either directly or through the mail.   [PL 1989, c. 657, §1 (NEW).]
SECTION HISTORY
PL 1989, c. 657, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 165: RADON REGISTRATION ACT › 22 §775. Radon mitigation; registration required

§775. Radon mitigation; registration required
A person may not offer advice or plans to reduce the level of radon in new or existing structures or contract to modify an existing structure in a manner intended to reduce the level of radon unless registered with the division.   [PL 2011, c. 144, §2 (AMD).]
SECTION HISTORY
PL 1989, c. 657, §1 (NEW). PL 2011, c. 144, §2 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 165: RADON REGISTRATION ACT › 22 §776. Exemptions

§776. Exemptions
The requirements of sections 774 and 775 do not apply to any of the following:   [PL 1989, c. 657, §1 (NEW).]
1.  Personal use.
A person performing testing or mitigation on a building owned or inhabited by that person but not for sale at the time that person performs testing or mitigation on that building;
[PL 2001, c. 574, §9 (AMD).]
2.  New construction.
A builder utilizing preventive or safeguarding measures in new construction as specified in the Maine Uniform Building and Energy Code, adopted pursuant to Title 10, chapter 1103;
[PL 2011, c. 144, §3 (AMD).]
3.  Department employees.
Employees of the department in the course of their assigned duties; or
[PL 1989, c. 657, §1 (NEW).]
4.  Authorized personnel.
A person performing testing with the written approval of the department. Registration under section 774 or 775 does not constitute written approval for the purposes of this subsection.
[PL 1989, c. 657, §1 (NEW).]
SECTION HISTORY
PL 1989, c. 657, §1 (NEW). PL 2001, c. 574, §9 (AMD). PL 2011, c. 144, §3 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 165: RADON REGISTRATION ACT › 22 §777. Use of listed facilities

§777. Use of listed facilities
Any person who is required to register under section 774 or 775 shall use only authorized radon testing devices and shall have these devices analyzed by a listed facility. When disclosing test results, any person registered under section 774 or 775 shall provide in writing the name and address of the listed facility that performed the analysis.   [RR 1991, c. 2, §74 (COR).]
SECTION HISTORY
PL 1989, c. 657, §1 (NEW). RR 1991, c. 2, §74 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 165: RADON REGISTRATION ACT › 22 §778. Reports

§778. Reports
A person registered under section 774 or 775 shall, within 45 days of the date the services are provided, notify the department in writing of the street address and zip code of the client and the results of any tests performed. The department may, by rule, specify an alternative notification procedure and notification period and any additional data required in the report.   [PL 2009, c. 278, §2 (AMD).]
SECTION HISTORY
PL 1989, c. 657, §1 (NEW). RR 1991, c. 2, §75 (COR). PL 2009, c. 278, §2 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 165: RADON REGISTRATION ACT › 22 §779. Advertising

§779. Advertising
A person may not advertise any radon testing device as "State-approved," "approved by the State of Maine" or by use of any phrases with similar meaning or content. This restriction also applies to any reference denoting municipal approval.   [PL 1989, c. 657, §1 (NEW).]
SECTION HISTORY
PL 1989, c. 657, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 165: RADON REGISTRATION ACT › 22 §780. Fees

§780. Fees
The department shall determine a schedule of fees to defray the costs of the registration programs established in sections 774 and 775. Fees may not exceed $150 for registrants under section 774 or $75 for registrants under section 775. The fees collected must be placed in the Radon Relief Fund established in section 784. The fee schedule must provide for initial registration and biennial registration fees.   [PL 1989, c. 657, §1 (NEW).]
SECTION HISTORY
PL 1989, c. 657, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 165: RADON REGISTRATION ACT › 22 §781. Rules

§781. Rules
The department shall adopt rules, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, necessary to administer and enforce this chapter. Rules must address, but are not limited to, minimal training requirements for registration, periodic reregistration, performance standards, reports, truth-in-advertising requirements and criteria and procedures for revoking registrations.   [PL 1989, c. 657, §1 (NEW).]
SECTION HISTORY
PL 1989, c. 657, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 165: RADON REGISTRATION ACT › 22 §782. Penalties

§782. Penalties
Any person failing to register pursuant to section 774 or 775, commits a civil violation for which a forfeiture not to exceed $500 may be adjudged. Any person in violation of section 777, 778 or 779 commits a civil violation for which a forfeiture not to exceed $250 per violation may be adjudged. Any person who engages in radon testing, advertising or mitigation in violation of this chapter is also in violation of Title 5, chapter 10.   [PL 1989, c. 657, §1 (NEW).]
SECTION HISTORY
PL 1989, c. 657, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 165: RADON REGISTRATION ACT › 22 §783. Registration revoked

§783. Registration revoked
The department may revoke, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, the registration of any person found in violation of this chapter.   [PL 1989, c. 657, §1 (NEW).]
SECTION HISTORY
PL 1989, c. 657, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 2: STATE AND LOCAL HEALTH AGENCIES › Chapter 165: RADON REGISTRATION ACT › 22 §784. Radon Relief Fund

§784. Radon Relief Fund
The Radon Relief Fund is established as a nonlapsing fund to support the radon-related research, testing, educational and mitigation activities of the division. Funds received from registrations under sections 774 and 775 and any other miscellaneous sources of income are deposited in the fund. The division shall administer the fund. Funds in the Radon Relief Fund must be deposited with the Treasurer of State to the credit of the fund and may be invested as provided by law. Interest on these investments must be credited to the fund.   [PL 1989, c. 657, §1 (NEW).]
SECTION HISTORY
PL 1989, c. 657, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 250: CONTROL OF NOTIFIABLE DISEASES AND CONDITIONS › Subchapter 1: DEFINITIONS; RULES; PENALTIES; INSPECTIONS; GENERAL AUTHORITY › 22 §803. Inspection

§803. Inspection
If the department has reasonable grounds to believe that there exists a public health threat, either on public or private property, a duly authorized agent of the department may enter any place, building, vessel, aircraft or common carrier with the permission of the owner, agent or occupant where the public health threat is reasonably believed to exist and may inspect and examine the same. If entry is refused, that agent shall apply for an inspection warrant from the District Court pursuant to Title 4, section 179, prior to conducting the inspection.   [PL 2005, c. 383, §9 (AMD).]
SECTION HISTORY
PL 1989, c. 487, §11 (NEW). PL 2005, c. 383, §9 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 250: CONTROL OF NOTIFIABLE DISEASES AND CONDITIONS › Subchapter 1: DEFINITIONS; RULES; PENALTIES; INSPECTIONS; GENERAL AUTHORITY › 22 §804. Penalties

§804. Penalties
1.  Rules enforced.
All agents of the department, local health officers, sheriffs, state and local law enforcement officers and other officials designated by the department are authorized to enforce the rules of the department made pursuant to section 802 to the extent that enforcement is authorized in those rules.
[PL 2007, c. 598, §10 (AMD).]
2.  Refusal to obey rules.
Any person who neglects, violates or refuses to obey the rules or who willfully obstructs or hinders the execution of the rules may be ordered by the department, in writing, to cease and desist. This order may not be considered an adjudicatory proceeding within the meaning of the Maine Administrative Procedure Act. In the case of any person who refuses to obey a cease and desist order issued to enforce the rules adopted pursuant to section 802, the department may impose a fine, which may not be less than $250 or greater than $1,000 for each violation. Each day that the violation remains uncorrected may be counted as a separate offense. A fine may be imposed for each violation of the rules. If the imposition of a fine under this subsection does not result in compliance, the department may bring an action in District Court to obtain an injunction enforcing the cease and desist order or to request a civil fine not to exceed $1,500, or both. Alternatively, the department may seek relief pursuant to section 810 or 812. The District Court has jurisdiction to determine the validity of the cease and desist order whenever an action for injunctive relief or civil penalty is brought before it under this subsection.
[PL 2021, c. 349, §8 (AMD).]
3.  License suspension.
A licensing agency under the department may immediately suspend a license pursuant to Title 5, section 10004, subsection 3 for a violation under this section. Notwithstanding Title 5, section 10004, subsection 3, a suspension under this subsection remains in effect until:
A. The licensing agency determines that the licensee's conduct no longer poses an imminent risk to public health or safety; or   [PL 2021, c. 349, §9 (NEW).]
B. The District Court, after conducting a hearing at the licensee's request, finds that the licensee's conduct does not pose an imminent risk to public health or safety. The suspension remains in effect pending the District Court's review under this paragraph.   [PL 2021, c. 349, §9 (NEW).]
[PL 2021, c. 349, §9 (NEW).]
SECTION HISTORY
PL 1989, c. 487, §11 (NEW). PL 2007, c. 598, §10 (AMD). PL 2021, c. 349, §§8, 9 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 250: CONTROL OF NOTIFIABLE DISEASES AND CONDITIONS › Subchapter 1: DEFINITIONS; RULES; PENALTIES; INSPECTIONS; GENERAL AUTHORITY › 22 §805. Court orders

§805. Court orders
Upon complaint made to any judge of the District Court, the judge may issue any order enforcing a subpoena, warrant or prior order necessary for the proper enforcement of this chapter and of the rules promulgated pursuant to this chapter.   [PL 1989, c. 487, §11 (NEW).]
SECTION HISTORY
PL 1989, c. 487, §11 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 250: CONTROL OF NOTIFIABLE DISEASES AND CONDITIONS › Subchapter 1: DEFINITIONS; RULES; PENALTIES; INSPECTIONS; GENERAL AUTHORITY › 22 §806. Exclusion from school

§806. Exclusion from school
1.  Dismissal.
In the event of an actual or threatened outbreak of a communicable disease or other public health threat, the department may order that any person attending or working in a school or day care facility be excluded until the department determines that a public health threat no longer exists.
[PL 2005, c. 383, §10 (AMD).]
2.  Exclusion.
The department may exclude any infected person from attending or working in a school or day care facility if that infected person poses a public health threat. An individual excluded pursuant to this subsection shall be permitted to return to the school or day care facility after the department, in consultation with the physician responsible for the individual's care, determines that return is permissible and will not pose a threat to the public health. The department shall notify the superintendent or day care facility administrator of that determination.
[PL 1989, c. 487, §11 (NEW).]
SECTION HISTORY
PL 1989, c. 487, §11 (NEW). PL 2005, c. 383, §10 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 250: CONTROL OF NOTIFIABLE DISEASES AND CONDITIONS › Subchapter 2: CONTROL MEASURES › 22 §807. Control of communicable diseases

§807. Control of communicable diseases
The department may establish procedures for agents of the department to use in the detection, contacting, education, counseling and treatment of individuals having or reasonably believed to have a communicable disease. The procedures shall be adopted in accordance with the requirements of this chapter and with the rules adopted under section 802.   [PL 1989, c. 487, §11 (NEW).]
For purposes of carrying out this chapter, the department may designate facilities and private homes for the confinement and treatment of infected persons posing a public health threat. The department may designate any such facility in any hospital or other public or private institution, other than a jail or correctional facility. Designated institutions must have necessary clinic, hospital or confinement facilities as may be required by the department. The department may enter into arrangements for the conduct of these facilities with public officials or persons, associations or corporations in charge of or maintaining and operating these institutions.   [PL 2005, c. 383, §11 (AMD).]
SECTION HISTORY
PL 1989, c. 487, §11 (NEW). PL 2005, c. 383, §11 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 250: CONTROL OF NOTIFIABLE DISEASES AND CONDITIONS › Subchapter 2: CONTROL MEASURES › 22 §808. Investigations

§808. Investigations
1.  Investigative team.
The department shall establish an investigative team and procedures for the detection and treatment of individuals known or reasonably believed to pose a public health threat, as defined in section 801. Team members designated by the department shall have access to medical and laboratory records relevant to the investigation of the public health threat, according to the procedure set forth in subsection 2. Team members shall also have access to medical and laboratory records in the possession of the department when relevant to the investigation of the public health threat. Team members designated by the department shall follow the procedures developed by the department for detection and treatment pursuant to this subsection.
[PL 1989, c. 487, §11 (NEW).]
2.  Subpoenas.
After notice to the subject of the information or records, the department, with the approval of the Attorney General, may issue subpoenas requiring persons to disclose or provide to the department information or records in their possession that are relevant to an investigation of a report of a public health threat. Approval of the Attorney General may be given when there is clear evidence of substantial public health need for the information sought. The department may apply to the District Court to enforce a subpoena. A person who complies with a subpoena is immune from civil or criminal liability that might otherwise result from the act of turning over or providing information or records to the department.
[PL 1989, c. 487, §11 (NEW).]
SECTION HISTORY
PL 1989, c. 487, §11 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 250: CONTROL OF NOTIFIABLE DISEASES AND CONDITIONS › Subchapter 2: CONTROL MEASURES › 22 §809. Examination

§809. Examination
If, based on epidemiologic evidence or medical evaluation, the department finds probable cause to believe that an individual has a communicable disease and that the individual is unwilling to submit to a physical examination, which may include x-ray studies or other diagnostic studies, as requested by the department, or that the individual refuses to make the results of that examination available to the department, the department may petition the District Court of the district in which the individual resides or is found for an order directing that examination, or the release of the results, under conditions to prevent the conveyance of the disease or infectious agent to other individuals. The petition shall be accompanied by an affidavit or affidavits based upon the investigation of the department supporting the allegations in the petition.   [PL 1989, c. 487, §11 (NEW).]
If, following a hearing as provided in section 811, the District Court finds by a preponderance of the evidence that there is probable cause to believe that an individual has a communicable disease, and that the individual has willfully refused the department's request, the District Court shall order the examination of the individual.   [PL 1989, c. 487, §11 (NEW).]
SECTION HISTORY
PL 1989, c. 487, §11 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 250: CONTROL OF NOTIFIABLE DISEASES AND CONDITIONS › Subchapter 2: CONTROL MEASURES › 22 §810. Emergency temporary custody

§810. Emergency temporary custody
Upon the department's submission of an affidavit showing by clear and convincing evidence that the person or property which is the subject of the petition requires immediate custody in order to avoid a clear and immediate public health threat, a judge of the District Court or justice of the Superior Court may grant temporary custody of the subject of the petition to the department and may order specific emergency care, treatment or evaluation.   [PL 1989, c. 487, §11 (NEW).]
1.  Orders; ex parte proceedings.
Orders under this section may be issued in an ex parte proceeding upon an affidavit which sets forth specific facts of the reasons that prior notice cannot or should not be given, upon which facts the order is sought. An ex parte order may not include orders for emergency care, treatment or evaluation unless the court finds by clear and convincing evidence that such care, treatment or evaluation is immediately necessary. An ex parte order must be served on the subject of the petition immediately upon apprehension.
[PL 1989, c. 487, §11 (NEW).]
2.  Hearing within time certain.
Unless waived in writing by the individual, after opportunity to consult with an attorney, a hearing shall be held within 72 hours of apprehension, exclusive of Saturdays, Sundays and legal holidays, to determine whether the individual shall remain in the department's custody.
[PL 1989, c. 487, §11 (NEW).]
3.  Notice of hearing.
Notice of the hearing must be served upon the individual held under this section at least 24 hours before the hearing and the notice must specify: the time, date and place of the hearing; the grounds and underlying fact upon which the emergency hold is sought; the individual's right to appear at the hearing and to present and cross-examine witnesses; and the individual's right to counsel pursuant to section 811.
[PL 1989, c. 487, §11 (NEW).]
4.  Duration.
In no event may the emergency hold continue longer than 5 days following the hearing, unless a petition for court ordered commitment is filed under section 812, subsection 1, paragraph F; if a petition is filed, the limitations imposed by the court under this subsection may continue until a hearing on the petition for commitment is held; that hearing must occur within 10 days of the filing of the petition, excluding Saturdays, Sundays and legal holidays.
[PL 1989, c. 487, §11 (NEW).]
SECTION HISTORY
PL 1989, c. 487, §11 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 250: CONTROL OF NOTIFIABLE DISEASES AND CONDITIONS › Subchapter 2: CONTROL MEASURES › 22 §813. Review

§813. Review
1.  Treatment orders.
If the department determines that it is necessary to continue a treatment order issued pursuant to section 812, subsection 1, paragraphs A to E, it shall petition the District Court which ordered the disposition for review of the original order. The court shall hold a hearing in accordance with section 811 and if the court finds that a public health threat would continue in the absence of a public health measure, it shall make additional orders that it deems necessary, provided that no treatment order exceeds 180 days in duration without further review by the court.
[PL 1989, c. 487, §11 (NEW).]
2.  Commitment orders.
If the department determines that it is necessary to continue a commitment order issued pursuant to section 812, subsection 1, paragraph F, beyond the original 30 days, it shall petition the District Court which ordered the disposition for review of the original order. The court shall hold a hearing in accordance with section 811 and if the court finds that a public health threat would continue in the absence of a public health measure and that commitment is the least restrictive measure necessary to effectively protect the public health, it shall make such additional orders as it deems necessary, provided that no order of commitment exceeds 90 days without further review by the court.
The committed patient may request the appointment of a medical review board. Upon motion of the patient, the committing court shall appoint a medical review board to determine whether the patient's medical status permits termination of the commitment. The medical review board shall consist of 3 physicians appointed by the court who shall have training and experience in the treatment of the communicable disease. Upon the request of the patient, the court shall appoint as one member of the board a physician who has training and experience in the treatment of communicable diseases who is selected by the patient. Upon receipt of the findings of the medical review board and any other evidence, the court, after a hearing pursuant to this subsection, may continue or terminate the commitment.
[PL 1989, c. 487, §11 (NEW).]
SECTION HISTORY
PL 1989, c. 487, §11 (NEW).