reglab/statecodes huggingface dataset:
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 243 - MINIMUM LOT SIZE RULES › Section 144-243-1004.0 - MEANS OF APPEAL

Current through 2024-29, July 17, 2024
1004.1
Scope:
This Section governs the means of appealing either a
				municipal or Departmental decision made by the Department pertaining to a
				minimum lot size reduction request or a Code interpretation. The means of
				appealing a decision made by the local plumbing inspector acting on behalf of
				the Municipality will be initially in accordance with the land use procedures
				of the municipality, with judicial review of municipal decisions through rule
				80B of the Maine rules of Civil Procedure.
1004.1.1
Appellant:
For the
				purpose of this Chapter, the "appellant" is any affected party wishing to
				contest a decision by the Department on a Minimum Lot Size Law waiver request
				or code interpretation, or a person lawfully acting on the behalf of an
				appellant.
1004.1.2
Grounds
				for appeal:
For the purpose of this Chapter, the grounds for appeal are
				limited to:
(1) violation of the law or
				rules;
(2) misapplication of the
				law or rules; or
(3) a factual
				mistake that is likely to affect the decision, including a statement specifying
				what the violation, misapplication and/or factual mistake
				is.
1004.1.3
Settlement:
Parties to a Formal Conference or a Formal
				Administrative Hearing may negotiate a mutually acceptable settlement at any
				point during the proceedings.
1004.1.4
Stopping Work:
A
				formal, written request for a Formal Conference or Formal Administrative
				Hearing shall be cause for the Local Plumbing Inspector (LPI) to be notified by
				the Department to issue a Stop Work Order pending completion of the review
				process.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 245 - RULES FOR SITE EVALUATORS OF SUBSURFACE WASTEWATER DISPOSAL SYSTEMS › Section 144-245-100 - Definitions

Current through 2024-29, July 17, 2024
A.
Code.
Subsurface Wastewater
				Disposal Rules.
B.
Department.
The Department of Health and Human Services.
C.
Disposal Systems.
Subsurface
				Wastewater Disposal as defined in Title 30
-A
MRSA, Sec.4201,
				sub-sec.
5
.
D.
Disposal System Evaluation (Evaluation).
The service of
				investigating, evaluating, and reporting soil and site conditions pertinent to
				subsurface wastewater disposal and the design of a disposal system which will
				conform to the Code.
E.
Professional Development Hour.
A contact hour (50 minutes or more)
				which is part of a formal program designed to increase a participant's
				knowledge of the site evaluation process including, but not limited to, soils
				identification, field data collection and analysis, rule interpretation and
				application, system design, manual or computer aided drafting techniques,
				system construction techniques, system inspection techniques, and programs
				relating to the legal and ethical practice of the profession of Site
				Evaluation.
F.
Site
				Evaluator.
Any person licensed under these rules.
G.
Rules.
The Rules for Site
				Evaluators of Subsurface Wastewater Disposal Systems.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 245 - RULES FOR SITE EVALUATORS OF SUBSURFACE WASTEWATER DISPOSAL SYSTEMS › Section 144-245-200 - Code of Ethics

Current through 2024-29, July 17, 2024
Summary
: Whereas the Site Evaluators' Licensing
				  Program was established to ensure that Site Evaluators have and hold high
				  standards in their practice, the Department has promulgated this Code of Ethics
				  to assist in the protection of the public welfare and to safeguard life,
				  health, property, and environment in the practices of Site Evaluation. Each
				  Site Evaluator is expected to place these protections and safeguards first in
				  their consideration when practicing their profession. The Code sets forth the
				  principles and practices necessary for the ethical conduct of Site
				  Evaluators.
A.
General
				Principles
1.When the profession of
				site evaluation is practiced, it requires professional ethical conduct and
				professional responsibility as well as scientific knowledge on the part of the
				practitioner.
2.A site evaluator
				shall be guided by the highest standards of ethics, personal honor, and
				professional conduct.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 245 - RULES FOR SITE EVALUATORS OF SUBSURFACE WASTEWATER DISPOSAL SYSTEMS › Section 144-245-300 - Application Procedure

Current through 2024-29, July 17, 2024
A.A request for
				licensure as a Site Evaluator shall be on an application form furnished by the
				Department and requires the following information:
1.Educational background with a description
				of any completed courses pertaining to soil evaluation or subsurface wastewater
				disposal.
2.Work experience
				involving soil investigation or subsurface wastewater treatment
				design.
3.Three (3) references
				shall be submitted by persons who have a professional knowledge of the
				applicant's work, one of which shall be a Maine Licensed Site
				Evaluator.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 245 - RULES FOR SITE EVALUATORS OF SUBSURFACE WASTEWATER DISPOSAL SYSTEMS › Section 144-245-400 - Methods of Qualification

Current through 2024-29, July 17, 2024
A. Education
1. Be a graduate from an accredited college
				or university with an undergraduate degree in engineering, geology, pedology,
				or similar discipline.
2. Have
				twelve (12) months or more of work experience directly involved in the practice
				of site evaluation or which relates to the practice of site evaluation;
				or
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 245 - RULES FOR SITE EVALUATORS OF SUBSURFACE WASTEWATER DISPOSAL SYSTEMS › Section 144-245-500 - Examinations

Current through 2024-29, July 17, 2024
A. Only qualified persons will be admitted to
				the examination.
B. Examinations
				shall be held on dates and places as determined by the Department, but in no
				case shall the Department hold less than one [1] examination per calendar
				year.
C. The examination consists
				of written and field portions which focus on the principles and practices of
				Site Evaluation.
1.The written portion will
				test the applicant's knowledge of soils and familiarity with the Code and will
				consist of three parts: 1) Rule requirements, 2) Soils, and 3) System Design. A
				copy of the Code may be used as a reference during the examination. The fee for
				the written portion of the exam is $25, payable prior to each exam
				session.
2.The field portion will
				test the applicant's ability to identify soils with regards to parent material,
				textural classification, drainage conditions, and depth to limiting factors in
				accordance with the Code. The fee for the field portion of the exam is $75,
				payable prior to each exam session.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 245 - RULES FOR SITE EVALUATORS OF SUBSURFACE WASTEWATER DISPOSAL SYSTEMS › Section 144-245-600 - Licensure

Current through 2024-29, July 17, 2024
A. The Department shall issue a license to an
				applicant who passes both portions of the examination.
B. Licenses shall be renewed the first day of
				March of each odd numbered year. The licensee shall return an address
				correction card provided by the Department, licensing fee, and beginning with
				March 1, 2009 acknowledge by signature on the card the total number of
				professional development hours completed during the previous license
				period,.
C. A Site Evaluator who
				allows a license to lapse may renew it any time during the following two (2)
				year period, provided he or she complies with the requirements of Section
				600.B. Failure to renew a license after the two (2) year grace period shall
				require a re-examination.
D. A Site
				Evaluator shall not perform site evaluations with an expired license.
E. The license fee is one hundred dollars
				[$100] for a two [2] year period. Make checks payable to Treasurer of
				State.
F. Beginning with the
				2007-2009 licensing period, each licensee shall earn a minimum of twelve {12}
				professional development hours within each license period in order to obtain
				license renewal.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 245 - RULES FOR SITE EVALUATORS OF SUBSURFACE WASTEWATER DISPOSAL SYSTEMS › Section 144-245-700 - Conduct

Current through 2024-29, July 17, 2024
A.The Site Evaluator shall be objective,
				accurate and truthful in all reports, statements, and testimony.
B.All information required by the Code and/or
				any other laws or ordinances regarding disposal systems or requested as part of
				a Departmental project review shall be included in reports, statements or
				testimony submitted by the Evaluator.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 245 - RULES FOR SITE EVALUATORS OF SUBSURFACE WASTEWATER DISPOSAL SYSTEMS › Section 144-245-800 - Complaints and Investigations

Current through 2024-29, July 17, 2024
A.A person who
				alleges charges of fraud, deceit, negligence, incompetence or violation of the
				following Rules against any Site Evaluator shall do so in writing to the
				Department.
CMR 241 -
Maine Subsurface Wastewater Disposal
				  Rules
CMR 242 -
Rules for Conversion of Seasonal
				  Dwelling Units into Year-round Residences in the Shoreland Zone
CMR 243 -
Minimum Lot Size Rules
CMR 245 -
Rules for Site Evaluators of
				  Subsurface Wastewater Disposal Systems
B. The Department shall investigate all
				written charges, and all appearances of fraud, deceit, negligence, incompetence
				or violation of the abovementioned Rules arising from Departmental project
				reviews.
C. Complaint Response
1. Scope: This Section governs the means of
				responding to complaints made to or by the Department pertaining to allegations
				of fraud, deceit, negligence, incompetence or violation of these Rules against
				any Site Evaluator.
2.Complainant:
				For the purpose of this Section, the "complainant" is any party lodging a
				written complaint with the Department, including the Department, in regard to
				the conduct of a Site Evaluator, or a person lawfully acting on the behalf of
				such person(s).
3.Settlement:Parties to a Formal Conference
				or a Formal Administrative Hearing may negotiate a mutually acceptable
				settlement at any point during the proceedings.
4.General: The Department shall inform the
				complainant and the Site Evaluator in writing of its findings and conclusions
				resulting from its investigation of a complaint, and its intention, if any, to
				amend, modify, or refuse to issue or renew the Site Evaluator's license in
				accordance with the Maine Administrative Procedure Act, Title 5, chapter 375,
				subchapter V.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 245 - RULES FOR SITE EVALUATORS OF SUBSURFACE WASTEWATER DISPOSAL SYSTEMS › Section 144-245-900 - Suspension and/or Revocation

Current through 2024-29, July 17, 2024
Revocation or suspension of a Site Evaluator's license shall
				  be initiated after sufficient documentation of misconduct has been obtained by
				  the Department. The Department shall pursue either emergency or permanent
				  license suspensions or revocations pursuant to
				   4 M.R.S.A.
				  §184(6),
				  5
				  M. R.S.A. § 1004, 5 M. R.S.A. § 10051 and 22 M. R.S.A. §
				  42(3-A).
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 245 - RULES FOR SITE EVALUATORS OF SUBSURFACE WASTEWATER DISPOSAL SYSTEMS › Section 144-245-1000 - Roster of Licensees

Current through 2024-29, July 17, 2024
A list of Site Evaluators shall be maintained by the
				  Department, and made available to the public. Site Evaluators shall advise the
				  Department of changes in their personal contact information as it relates to
				  the preparation of this list.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 245 - RULES FOR SITE EVALUATORS OF SUBSURFACE WASTEWATER DISPOSAL SYSTEMS › Section 144-245-1100 - Public Hearing

Current through 2024-29, July 17, 2024
Public hearings shall be held as prescribed by the
				  Administrative Procedure Act, Title 5 MRSA Chapter 375, Subchapter II for the
				  purpose of considering changes to these Rules.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 245 - RULES FOR SITE EVALUATORS OF SUBSURFACE WASTEWATER DISPOSAL SYSTEMS › Section 144-245-1200 - Severability Clause

Current through 2024-29, July 17, 2024
The provisions of these Rules are severable. If any provision
				  of the Rules is invalid, or if the application of the Rules to any person or
				  circumstance is invalid, such invalidity shall not affect other provisions or
				  applications which can be given effect without the invalid provision or
				  application.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 249 - SMOKING IN PUBLIC PLACES RULE › Section 144-249-2 - SMOKING PROHIBITIONS AND LIMITATIONS

Current through 2024-29, July 17, 2024
A.
Prohibitions for Public Places
1. Smoking is prohibited in all enclosed
				areas of public places and all rest rooms made available to the
				public.
2. In the case of a child
				care facility that is not home-based, smoking is prohibited in a
				facility-designated motor vehicle within 12 hours before transporting a child
				who is in the care of the child care facility, and whenever such child is
				present in the vehicle.
3. Smoking
				is prohibited in outdoor areas of a child care facility where children may be
				present.
4. Smoking is prohibited
				in outdoor eating areas open and available for dining and beverage
				service
5. Smoking is prohibited
				in, on, or within, 20 feet of a beach, playground, snack bar, group picnic
				shelter, business facility, enclosed area, public place or restroom in a state
				park or state historic site.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 249 - SMOKING IN PUBLIC PLACES RULE › Section 144-249-3 - POSTING SIGNS, NOTIFICATIONS

Current through 2024-29, July 17, 2024
A. Signs must
				be posted conspicuously in buildings and outdoors where smoking is regulated.
				Designated smoking areas must have signs that read "Smoking Permitted" with
				letters at least one inch in height. Places where smoking is prohibited must
				have signs that read "No Smoking" with letters at least one inch in height or
				the international symbol for no smoking.
B. Notification; request for compliance. An
				eating establishment with an outdoor eating area shall post signs in accordance
				with
				22 M.R.S.
				§1543, notify its patrons of the
				prohibition on smoking in outdoor eating areas and request that all persons
				within an outdoor eating area comply with this section.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 249 - SMOKING IN PUBLIC PLACES RULE › Section 144-249-4 - RETALIATION PROHIBITED

Current through 2024-29, July 17, 2024
It is unlawful for any person to discharge, refuse to hire,
				  discipline or otherwise retaliate against any person who pursues any remedy
				  available to enforce the requirements of
				  22 M.R.S.
				  §§1541
-
1548 or
				  this rule. It is also unlawful to retaliate against any person who pursues any
				  remedy against smoking in an outdoor area of an eating
				  establishment.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 249 - SMOKING IN PUBLIC PLACES RULE › Section 144-249-5 - TOBACCO SPECIALTY STORE; ENTRY PROHIBITED FOR PERSONS UNDER 18 YEARS OF AGE

Current through 2024-29, July 17, 2024
A person under 18 years of age is prohibited from entering a
				  business licensed as a tobacco specialty store unless accompanied by a parent
				  or legal guardian, regardless of whether smoking is allowed in that
				  store.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 249 - SMOKING IN PUBLIC PLACES RULE › Section 144-249-6 - ENFORCEMENT AND VIOLATIONS

Current through 2024-29, July 17, 2024
A. Any violation of
				 22 M.R.S.
				§§1541 -
				1547
				and/or this rule is a civil violation. Each day any person is found smoking in
				a public place, or the owner fails to post or supervise the implementation of a
				smoke-free public place, shall constitute a separate offense. For the purposes
				of this rule, the following fine amounts may be assessed for the following
				violations:
1. First Violation:
				$100.00
2. Second
				Violation/Offense: $250.00
3. Third
				Violation/Offense: The person violating this rule for the third time, or any
				subsequent time thereafter, may incur a fine of $500 for each subsequent
				violation.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 249 - SMOKING IN PUBLIC PLACES RULE › Section 144-249-7 - SEVERABILITY

Current through 2024-29, July 17, 2024
Should any provision of this rule be determined to be
				  unconstitutional or unenforceable, such a determination shall not invalidate
				  any other provision of this rule.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 249 - SMOKING IN PUBLIC PLACES RULE › Section 144-249-8 - Severability

Current through 2024-29, July 17, 2024
Should any provision of these Rules be determined to be
				  unconstitutional or unenforceable, such a determination shall not invalidate
				  any other provision of these Rules.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 250 - RULES RELATING TO SMOKING IN THE WORKPLACE › Section 144-250-1 - Purpose

Current through 2024-29, July 17, 2024
The Maine Center for Disease Control and Prevention has been
				  authorized by
				   22 M.R.S.A.
				  §1580-A to assist businesses in
				  developing written smoking policies and to enforce provisions of the Workplace
				  Smoking Act of 1985.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 250 - RULES RELATING TO SMOKING IN THE WORKPLACE › Section 144-250-2 - Definitions

Current through 2024-29, July 17, 2024
As used in this section, unless the context indicates
				  otherwise, the following terms and phrases have the following meanings.
A. "Business facility" means a structurally
				enclosed location or portion thereof, including vehicles used in the course of
				work and outdoor areas under the control of an employer at which employees
				perform services for their employer. A business facility does not include any
				workplace or portion of a workplace that also serves as the employees' or
				employer's personal residence. A "business facility" is a place of employment.
				Notwithstanding this paragraph, a personal residence or unit or apartment in a
				residential facility is a business facility only during the period of time that
				an employee is physically present to perform work there. A residential
				facility, nursing home or a hospital is a business facility.
B. "Club" means a reputable group of
				individuals, including a veterans' service organization chartered under 36
				United States Code, Subtitle II, Part B (2004), incorporated and operating in a
				bona fide manner solely for purposes of a recreational, social, patriotic or
				fraternal nature and not for pecuniary gain, which by indicia of permanent
				status has:
1) Been in continuous operation
				and existence;
2) Regularly
				occupied, as owner or lessee, a suitable clubhouse or facility for use of
				members;
3) Held regular
				meetings;
4) Conducted its business
				through regularly elected officers;
5) Charged and collected dues from
				members;
6) Adopted a charter and
				bylaws clearly defining the purpose of the organization; and
7) Operated with selective membership
				criteria.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 250 - RULES RELATING TO SMOKING IN THE WORKPLACE › Section 144-250-3 - Smoking Policies

Current through 2024-29, July 17, 2024
A.
Required
				Contents and Use of Smoking Policies
1
				Each employer shall establish, or may negotiate through the collective
				bargaining process, a written policy concerning smoking and nonsmoking by
				employees in that portion of any business facility for which the employer is
				responsible.
2 The employer's
				policy shall prohibit smoking except in Designated Smoking Areas in order to
				protect the employer and employees from the detrimental effects of
				environmental tobacco smoke.
3
				Smoking in workplaces shall only take place in Designated Smoking Areas.
				Designated Smoking Areas shall be described within the written
				policy.
4 Smoking in the business
				facility must be in accordance with the written policy.
5 The employer shall post and supervise the
				implementation of the written policy.
6 The employer shall provide a copy of this
				policy to any employee upon request.
7 All areas of a business facility into which
				members of the public are invited or allowed are governed by the provisions of
				22 M.R.S.A. §§1541 - 1548 and 10 - 144 C MR c. 249.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 250 - RULES RELATING TO SMOKING IN THE WORKPLACE › Section 144-250-4 - Requirements and Guidelines for Smoking Outdoors

Current through 2024-29, July 17, 2024
An employer may designate an area outdoors for smoking
				  provided that is a minimum 20 feetfrom windows, entryways, vents, doorways or
				  other openings and it is not in a location that will allow circulation of
				  environmental tobacco smoke into the enclosed areas of the business facility,
				  or a public place, in any way, e.g., through the ventilation system, open
				  windows, and open doors, or any outdoor area where smoking is prohibited by
				  law. An area for smoking outdoors may be constructed to protect employees from
				  the weather as long as it is not an "enclosed area" within the meaning of
				  Section
				  2(G) of these
				  Rules.
Smoking is prohibited in enclosed areas of business
				  facilities.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 250 - RULES RELATING TO SMOKING IN THE WORKPLACE › Section 144-250-5 - Discharge, Discipline or Discrimination Against Employees

Current through 2024-29, July 17, 2024
It is unlawful for any employer to discharge, discipline or
				  otherwise discriminate against any of its employees because that employee has
				  assisted in the supervision or enforcement of the Workplace Smoking Act or
				  these Rules.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 250 - RULES RELATING TO SMOKING IN THE WORKPLACE › Section 144-250-6 - Assistance

Current through 2024-29, July 17, 2024
The Maine Center for Disease Control and Prevention shall
				  accept inquiries from employers and employees and shall, when requested, assist
				  employers in developing a written policy. An employer may request from the
				  Maine Center for Disease Control and Prevention approval of a written policy.
				  Approval will be granted upon a satisfactory showing of compliance with these
				  Rules and
				  22 M.R.S.A.
				  §1580-A.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 250 - RULES RELATING TO SMOKING IN THE WORKPLACE › Section 144-250-7 - Enforcement and Violations

Current through 2024-29, July 17, 2024
A. Any violation of
				22 M.R.S.A. §1580-A or these Rules is a civil violation for which a fine
				of not more than $100 may be adjudged, except that a fine of not more than
				$1,500 may be adjudged for each violation in cases in which the employer has
				engaged in a pattern of conduct that demonstrates a lack of good faith in
				complying with the requirements of 22 M.R.S.A. §1580-A or these Rules. The
				Maine Center for Disease Control and Prevention has authority to enforce
				provisions of 22 M.R.S.A. §1580-A and these Rules. Each day any employer
				fails to establish, post, or supervise the implementation of a written policy
				or meet any other requirements of 22 M.R.S.A. §1580-A or these Rules shall
				constitute a separate offense.
B.
				Citations for violations of the Workplace Smoking Act or these Rules shall be
				processed in accordance with Rule 80H of the Maine Rules of Civil Procedure. In
				accordance with that rule, citations shall be filled out and served upon an
				employer who has allegedly violated the statute or these Rules, by a
				representative of the Maine Center for Disease Control and Prevention and any
				other officer also authorized to enforce the statute or these Rules.
C. The Attorney General may bring an action
				to enforce 22 M.R.S.A. §1580-A or these Rules in either District Court or
				Superior Court and may seek injunctive relief, including a preliminary or final
				injunction and fines, penalties and equitable relief, and may seek to prevent
				or restrain violations of 22 M.R.S.A. §1580-A or these Rules by any
				person.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 250 - RULES RELATING TO SMOKING IN THE WORKPLACE › Section 144-250-8 - Exception

Current through 2024-29, July 17, 2024
Pursuant to
				   22 M.R.S.A.
				  §1580-A(9), a
				  qualifying club may allow smoking:
A.
				If policies concerning smoking have been mutually agreed upon by the employer
				and all the current employees.
1
Employee Voting - Procedures Required
Each qualifying club must adopt and implement written
				  policies and procedures that:
a.
				Provide for a secret ballot vote of employees. The secret ballot votes shall:
i. assure that each employee casts a single
				vote;
ii. assure the anonymity of
				each vote; and,
iii. assure the
				voting process is free of any attempt to influence any individual vote or
				voter.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 250 - RULES RELATING TO SMOKING IN THE WORKPLACE › Section 144-250-9 - Severability

Current through 2024-29, July 17, 2024
Should any provision of these Rules be declared
				  unconstitutional by a court of competent jurisdiction, such a declaration shall
				  not invalidate any provision of these Rules not affected by the court's
				  ruling.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 251 - RULES GOVERNING RABIES MANAGEMENT › Section 144-251-1 - Authorization

Current through 2024-29, July 17, 2024
The Statutory Authority for Rules Governing Rabies Management
				  is
				  22
				  M.R.S.A. §§1313,
				  1313-A,
				  and
				  1313-B,
				  and
				  7
				  M.R.S.A. § 3913.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 251 - RULES GOVERNING RABIES MANAGEMENT › Section 144-251-3 - Responding to reports of animals suspected of having rabies

Current through 2024-29, July 17, 2024
A.
Stray domesticated animals
(1) Suspect rabid animals that are stray
				shall be controlled or captured by the ACO.
(2) The ACO shall coordinate with and
				transport sick, stray animals suspected of having rabies directly to a
				veterinarian or, if a veterinarian is unavailable, to an animal shelter where
				it shall be placed in strict isolation until a veterinarian can examine the
				animal.
(3) A law enforcement
				officer or ACO qualified to shoot may shoot in accordance with local ordinance
				or otherwise humanely euthanize a suspect rabid animal if harm to humans or
				other animals is imminent. The animal must not be shot in the head, nor must
				the head be destroyed or disposed of, but instead must be submitted to HETL for
				testing if there is any chance that there was contact between the suspect
				animal and humans or domesticated animals.
(4) If testing of the suspect rabid stray
				animal is necessary, the ACO shall arrange for decapitation and assure
				transportation of the head to HETL. The carcass must be disposed of properly as
				per the "Animal Carcass Disposal" recommendations contained in the Rabies
				Management Guidelines.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 251 - RULES GOVERNING RABIES MANAGEMENT › Section 144-251-4 - Control, capture, and transportation of suspected rabid animals

Current through 2024-29, July 17, 2024
A. Stray domesticated animals:
(1) Suspected rabid animals that are strays
				must be controlled or captured by the ACO.
(2) The ACO must coordinate with and
				transport sick stray animals directly to a veterinarian or, if a veterinarian
				is unavailable, to an animal shelter where it shall be placed under isolation
				quarantine until a veterinarian can examine the suspected rabid
				animal.
(3) A law enforcement
				officer or ACO qualified to shoot may shoot or otherwise humanely euthanize a
				suspected rabid animal if harm to humans or other animals is imminent. The
				animal must not be shot in the head, nor must the head be destroyed or disposed
				of, but instead must be submitted for testing if there is any chance that there
				was contact between the suspect animal and humans or domesticated
				animals.
(4) If testing of the
				suspected rabid animal is necessary, the ACO must arrange for decapitation of
				stray animals and assure transportation of the suspected rabid animal to the
				Health & Environmental Testing Laboratory. The carcass must be disposed of
				properly as per the "Animal Carcass Disposal" recommendations contained in the
				Appendix.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 251 - RULES GOVERNING RABIES MANAGEMENT › Section 144-251-5 - Responding to reports of undomesticated animals that bite or otherwise expose humans or domesticated animals

Current through 2024-29, July 17, 2024
A. If an
				undomesticated animal suspected of having rabies bites or otherwise exposes a
				person or a domesticated animal to rabies, an ACO or game warden shall
				immediately either remove the undomesticated animal or cause the undomesticated
				animal to be removed, and euthanized for testing. The head must be submitted to
				HETL for rabies testing.
B. If
				capture is not possible, or if imminent danger exists, the undomesticated
				animal may be shot in accordance with local ordinance by a law enforcement
				officer, game warden, ADC agent or qualified ACO. The animal should not be shot
				in the head, nor must the head be destroyed or disposed of, but instead must be
				submitted to HETL for testing.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 251 - RULES GOVERNING RABIES MANAGEMENT › Section 144-251-6 - Responding to reports of wild animal hybrids that bite or otherwise expose humans or domesticated animals

Current through 2024-29, July 17, 2024
A. If a wild
				animal hybrid, suspected of having rabies, bites or otherwise exposes a person
				or a domesticated animal to rabies, an ACO, game warden or law enforcement
				officer shall immediately cause the animal to be euthanized for
				testing.
B. When in the judgment of
				the ACO, game warden or law enforcement officer, the animal poses an immediate
				threat to a person or domesticated animal, the ACO, game warden or law
				enforcement officer may immediately euthanize or order euthanized that animal
				without destroying the head.
C. The
				ACO shall make arrangements for transportation of the head to HETL for rabies
				testing.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 251 - RULES GOVERNING RABIES MANAGEMENT › Section 144-251-7 - Management of domesticated animals exposed to rabid or suspect rabid animals

Current through 2024-29, July 17, 2024
A. Owned dogs, cats
				and ferrets with current proof of rabies vaccination that are exposed to a
				confirmed or suspect rabid animal or that are found to have wounds of unknown
				origin must be immediately boostered with rabies vaccine, kept under the
				owner's control and observed for signs of rabies for 45 days.
B. Owned dogs, cats, and ferrets without
				proof of current rabies vaccination that are exposed to a confirmed or suspect
				rabid animal or that are inflicted with wounds of unknown origin should be
				euthanized immediately. If the owner is unwilling to have this done, the animal
				should be placed in strict isolation for six months. Isolation in this context
				refers to confinement in an enclosure that precludes direct contact with people
				and other animals. The animal must be vaccinated upon entry into isolation or
				up to 28 days before release.
C.
				Stray dogs must be confined and observed for eight days in a State-licensed
				animal shelter pursuant to 7 M.R.S.A. §3913(4B) and then euthanized. A
				veterinarian may authorize euthanasia prior to the eight day isolation period (
				7 M.R.S.A. §3913(6).
D. Stray
				cats without proof of current rabies vaccination that are without
				identification must be held for 48 hours or that are feral must be held for 24
				hours in a State-licensed animal shelter prior to euthanasia pursuant to 7
				M.R.S.A. §3919-A. A veterinarian may authorize immediate euthanasia ( 7
				M.R.S.A. §3919-A(4).
E. Stray
				ferrets without proof of current rabies vaccination must be euthanized
				immediately.
F. Stray or owned
				wildlife hybrids must be euthanized regardless of vaccination status.
G.
Livestock
(1) All cases of confirmed exposure must be
				reported to the State Veterinarian, Department of Agriculture.
(2) Vaccinated livestock must be immediately
				boostered and observed for signs of rabies for 45 days.
(3) Animals that are not currently vaccinated
				for rabies must be euthanized or strictly isolated from other animals and have
				limited human contact while they are observed for a period of six months
				starting the day of the exposure.
(4) The use of the animal or the animal's
				by-products for human consumption is subject to the policies of the Maine
				Department of Agriculture and the U.S. Department of Agriculture.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 251 - RULES GOVERNING RABIES MANAGEMENT › Section 144-251-8 - Management of humans exposed to rabid or suspect rabid animals

Current through 2024-29, July 17, 2024
A. Potential human rabies exposures should be
				reported immediately to Maine CDC.
B. Epidemiologists are available for
				consultation to assess potential exposures and make appropriate
				recommendations.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 251 - RULES GOVERNING RABIES MANAGEMENT › Section 144-251-9 - Conditions of the confinement and isolation periods for domesticated animals

Current through 2024-29, July 17, 2024
A. The duration and
				conditions of these periods, as stated on the official notices, start the day
				of exposure.
B. The ACO must have
				access to the confinement or isolation area in the event that the municipality
				wishes to periodically check on the animal.
C. The owner or keeper is responsible for
				confinement or isolation of a domesticated animal. If confinement or isolation
				is not possible on an owner's or keeper's property, the owner or keeper must
				make arrangements for that animal at a licensed boarding kennel or veterinary
				clinic. The owner or keeper assumes all responsibility and risk for ensuring
				proper confinement or isolation of a domesticated animal. If the municipality
				determines that a domesticated animal is a public health risk, the municipality
				may assume control of the confinement or isolation of the animal.
D. The owner or keeper of that animal will be
				financially responsible for all confinement or isolation expenses incurred for
				a domesticated animal.
E. If the
				animal shows any changes in health or behavior during the confinement or
				isolation period, the animal must be examined by a veterinarian who will
				determine if rabies testing is indicated. The veterinarian shall be informed by
				the owner or keeper that the animal is under confinement or isolation for
				rabies.
F. If the animal escapes
				from confinement or isolation, the owner or keeper must immediately notify the
				ACO; however, the owner or keeper is responsible and assumes all risk resulting
				from an escaped animal.
G. The
				owner or keeper may not sell, give away, euthanize or otherwise dispose of the
				animal during the confinement or isolation period.
H. All animals must be examined at the end of
				the confinement or isolation period established in Section 4 of these Rules.
(1) The ACO shall visually inspect
				domesticated animals at the end of the ten-day confinement and observation
				period following exposure of a human or another domesticated animal.
(a) If any alteration of normal behavior is
				observed at the time of ACO inspection, the ACO shall require a veterinary exam
				for release.
(b) If a bite victim
				requests a veterinary exam following confinement and observation, the exam
				shall be ordered by the ACO and paid for by the owner or keeper.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 251 - RULES GOVERNING RABIES MANAGEMENT › Section 144-251-10 - Notification and reporting

Current through 2024-29, July 17, 2024
Any persons bitten by any animal suspected of having rabies
				  must immediately notify the municipality in which the bite occurred. The owner,
				  keeper or person having possession and knowledge of any animal which has bitten
				  any person or animal or of any animal which exhibits any sign of rabies must
				  notify the municipality in which the bite occurred.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 251 - RULES GOVERNING RABIES MANAGEMENT › Section 144-251-11 - Decapitation and preparation of suspect rabid animals

Current through 2024-29, July 17, 2024
A. When decapitation and testing is
				recommended by Maine CDC:
(1)
Domesticated Animal
: A veterinarian shall decapitate and prepare
				domesticated animals that are to be tested for rabies.
(2)
Undomesticated Animal
: The
				Department of Inland Fisheries & Wildlife personnel shall prepare the
				animal and arrange for submission and transportation of the animal to HETL for
				rabies testing.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 253 - MAINE CHRONIC DISEASE SURVEILLANCE DATA QUALITY AND FOLLOW-UP STUDY RULES › Section 144-253-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
A. Department means the Department of Human
				Services.
B. Bureau means the Maine
				State Bureau of Health.
C. Director
				means the Director of the Bureau of Health.
D. Commission means the Maine Health Care
				Finance Commission.
E. Cancer
				Registry means the Maine State Cancer Registry.
F. Hospital means any licensed hospital in
				the State of Maine.
G. Identifying
				information means information which may directly or indirectly identify
				patients or their health care practitioners.
H. Reasonable costs means photocopying costs
				and the hourly cost of any necessary technical assistance in locating and
				providing the requested information at the rate set forth in 5 MRSA
				Section2051.
I. Privileged medical
				information means any information linking identifying information with medical
				information.
J. "Chronic Disease"
				means any impairment or deviation from the normal functioning of the human body
				which: may be permanent; may result in residual disability; is caused by
				pathological or physical alterations; may require special patient education and
				instruction for rehabilitation; and can require a long period of supervision,
				observation, or care.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 253 - MAINE CHRONIC DISEASE SURVEILLANCE DATA QUALITY AND FOLLOW-UP STUDY RULES › Section 144-253-2 - INTRODUCTION

Current through 2024-29, July 17, 2024
In accordance with
				   22 MRSA
				  Section1692-B, the Department of Human
				  Services must be given access to all confidential reports and records filed by
				  physicians, hospitals or other private or public sector organizations, and with
				  all departments, agencies, commissions or boards of the State for the purpose
				  of conducting investigations or evaluating the completeness or quality of data
				  submitted to the Department's disease surveillance programs. The Department
				  shall follow the data confidentiality requirements of the departments,
				  agencies, commissions or boards of the State providing this information to the
				  extent those requirements are consistent with
				   22 MRSA
				  Section1692-B.
Upon notification by the Department of Human Services,
				  physicians or hospitals shall provide to the Department any further information
				  requested for the purpose of conducting investigations or evaluating the
				  completeness or quality of data submitted to the Department's disease
				  surveillance programs.
The Maine State Department of Human Services maintains
				  several chronic disease surveillance programs which monitor selected chronic
				  disease rates throughout the state.
The general objectives of these programs include:
Surveillance of specific chronic diseases which may have
				  environmental/ occupational etiologies.
Determination of frequencies and rates of these diseases on a
				  community level with evaluation and analysis of this data and applicable
				  comparisons with state and national data.
Evaluation of factors/etiologies which may effect incidence,
				  prevalence or survivorship of these diseases.
Conducting follow-up investigations, when warranted, in areas
				  where real, verified disease incidence is remarkable, i.e., a potential
				  spatial/temporal disease cluster where investigation may yield fruitful results
				  and lead to the initiation of preventive measures, public health interventions,
				  and/or screening of the population-at-risk to identify undiagnosed cases and
				  assist with the implementation of the intervention efforts.
The Department shall not seek information under these rules
				  if the proposed identification of or contact with patients or health care
				  practitioners would diminish the confidentiality of medical information or the
				  public's confidence in the protection of that information in a manner that
				  outweighs the expected benefit to the public of the proposed investigation. The
				  Department shall not seek identifying information under these rules without an
				  advisory body approved protocol.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 253 - MAINE CHRONIC DISEASE SURVEILLANCE DATA QUALITY AND FOLLOW-UP STUDY RULES › Section 144-253-3 - DATA ELEMENTS

Current through 2024-29, July 17, 2024
Data elements which may be requested or recorded include, but
				  are not limited to the following:
Patient's Last Name (including Maiden name)
Patient's First Name and Middle Initial
Medical Record Number
Social Security Number
Birth Date
Street Address
Mailing Address (if different from above)
City or Town of Residence
County of Residence
State of Residence and Zip Code
Sex
Race
Attending Physician
Referring Physician
ICD codes
Hospital Code
Date of Diagnosis
Date of Discharge
Occupation/Industry
Place/Address of Work
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 253 - MAINE CHRONIC DISEASE SURVEILLANCE DATA QUALITY AND FOLLOW-UP STUDY RULES › Section 144-253-4 - RESPONSIBILITIES OF RESPONDING PARTIES

Current through 2024-29, July 17, 2024
A. Information may
				be requested by the Department of Human Services from hospitals, physicians,
				institutions, and/or state departments, agencies, commissions or boards for the
				purposes of chronic disease or data quality investigations.
B. Upon notification by the Department of
				Human Services, physicians or hospitals shall provide to the Department any
				further information requested for the purpose of conducting investigations or
				evaluating the completeness or quality of data submitted to the Department's
				disease surveillance programs.
C.
				The Department shall follow the data confidentiality requirements of the
				departments, agencies, commission or boards of the State providing this
				information, to the extent those requirements are consistent with 22 MRSA
				Section1692-B, in order to carry out the investigation.
D. Responses to data requests by the
				Department shall be submitted to the Department within 30 days from the date of
				receipt of such requests. In the event more time is needed to obtain or verify
				the accuracy of requested information, responders may submit a written request
				for an additional 60 day extension for the processing of such
				information.
E. In accordance with
				22 MRSA Section1692-B, any physician, hospital, or employee of a physician or
				hospital is not liable for any civil damages as a result of the Department's
				use of information gathered under this statute.
F. Data requests may be in the form of
				medical record reviews, audits and abstractions, discharge summaries, or
				variable lists for database corroboration.
G. Information requested by the Department of
				Human Services may be sent to the Department on printed forms, diskette or on
				magnetic tape (9 track 1600 bpi), whichever is more convenient for the
				respondent.