reglab/statecodes huggingface dataset:
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 223 - RULES RELATING TO TANNING FACILITIES › Section 144-223-5 - CERTIFICATE OF REGISTRATION

Current through 2024-29, July 17, 2024
A.
Issuance
				of New Certificate of Registration.
Upon determination that an applicant
				meets the requirements of Section 4, the Department shall issue a certificate
				of registration, which is valid for one year.
(1) The Agency may incorporate in the
				certificate of registration at the time of issuance or thereafter by
				appropriate rule, regulation or order, such additional requirements and
				conditions, with respect to the registrant's receipt, possession, use and
				transfer of tanning facilities, as it deems appropriate or necessary to protect
				the public health.
(2) Except as
				provided in Section 4(A), no person shall operate a tanning facility until the
				Department has issued the certificate of registration, pursuant to 22
				M.R.S.§677(2).
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 223 - RULES RELATING TO TANNING FACILITIES › Section 144-223-6 - DENIAL, SUSPENSION OR REVOCATION OF A REGISTRATION

Current through 2024-29, July 17, 2024
A. The Department may, for good cause shown,
				deny, seek to suspend or revoke a registration sought or issued, pursuant to
				these regulations, for any of the following reasons:
(1) Submission of incorrect, false or
				misleading information in the application and reports;
(2) Failure to operate or maintain the
				tanning facility, in accordance with the application, approved by the
				Department, except as such maintenance may involve the replacement of lamps by
				"equivalent" lamps which have been defined in Section 5(D)(3);
(3) Operation of the tanning facility in a
				way that causes or creates a nuisance or hazard to the public health or
				safety;
(4) Violation of any rules,
				regulations, standards, or requirements adopted by the Department;
(5) Violation of any condition upon which the
				registration was issued;
(6)
				Failure to allow duly authorized agents of the Department to conduct
				inspections at reasonable hours and in a reasonable manner; and
(7) Failure to pay any registration or
				inspection fees.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 223 - RULES RELATING TO TANNING FACILITIES › Section 144-223-9 - FEES

Current through 2024-29, July 17, 2024
A. Yearly registration fees of $40.00 per
				tanning facility shall be submitted with the initial application for
				registration or renewal of a tanning facility's registration. Starting in
				calendar year 2015, the yearly registration fee becomes $50.00 per tanning
				facility, plus an equipment surcharge of $20 per unit of tanning equipment,
B. No fee will be assessed for
				routine inspections or for the first follow-up inspection, to confirm
				corrective actions were taken in response to a notice of violation.
C. A fee of $25.00 per visit may be assessed
				for follow-up inspections, due to a failure to respond to a notice of
				violation, as authorized by Section 6(B).
D. A fee of $25.00 per visit may be assessed
				for any additional inspections to insure compliance, notwithstanding the
				provisions of Sections 9(A) and (B).
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 223 - RULES RELATING TO TANNING FACILITIES › Section 144-223-10 - SEVERABILITY

Current through 2024-29, July 17, 2024
If any provision, clause, section, sentence or paragraph of
				  these regulations or the application thereof to any person shall be held to be
				  invalid, such invalidity shall not affect the remaining provisions or
				  applications of the regulations. The valid part of any provision, clause,
				  section, sentence or paragraph shall be given independence from the invalid
				  provisions or applications, and to this end these regulations are hereby
				  declared to be severable.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 224 - AIR AND WATER RADON SERVICE PROVIDER REGISTRATION RULES › Part A - GENERAL PROVISIONS › Section 144-224-A-1 - SCOPE

Current through 2024-29, July 17, 2024
Except as otherwise specifically provided, these
					 regulations apply to all persons or companies located within or outside the
					 State of Maine that intend to conduct air or water radon services, including
					 but not limited to radon testing , evaluation of radon detection devices, radon
					 mitigation consultation, or radon mitigation in the State of
					 Maine.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 224 - AIR AND WATER RADON SERVICE PROVIDER REGISTRATION RULES › Part A - GENERAL PROVISIONS › Section 144-224-A-3 - SEVERABILITY

Current through 2024-29, July 17, 2024
The provisions of the rules are severable. If any provision
					 of these rules is found to be invalid, or if the application of any provision
					 of these rules to any person or circumstance is invalid, such invalidity shall
					 not affect other provisions or applications.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 224 - AIR AND WATER RADON SERVICE PROVIDER REGISTRATION RULES › Part A - GENERAL PROVISIONS › Section 144-224-A-4 - REGISTRATION REQUIREMENTS

Current through 2024-29, July 17, 2024
A. Pursuant to the
				  Act, all persons or companies located within or outside the State of Maine that
				  intend to conduct radon testing services, evaluation of radon detection
				  devices, radon mitigation consultation, or radon mitigation services in the
				  State of Maine shall be registered by the Department. No radon service provider
				  may offer or provide these services unless registered with the Department. The
				  requirements of these rules are continuing requirements.
B. Initial Registration. The Department shall
				  register an applicant who provides evidence meeting the criteria for the
				  requested registration and files a complete and accurate application. Minimum
				  criteria for registration are:
1. All air
				  radon service providers- participation in the appropriate EPA Radon Proficiency
				  Programs.
2. Water radon test
				  evaluators- participation in a certification program regarding gross alpha
				  emitter measurement in water or measure radon in water according to the most
				  recent method put forth by EPA, until EPA finalizes their radon in water
				  measurement methods.
3. Water radon
				  testers and mitigators- completion of the Waterborne Radon course provided by
				  the Eastern Regional Radon Training Center, or equivalent training as
				  determined by the department.
4.
				  Supervised employees- no training requirements. Application must include a
				  statement that each supervised employee is an untrained employee (not
				  sub-contractor) that operates under supervision in a clients building, has no
				  decision making authority, does not assist in planning the activities to take
				  place at the work site, operates from a "cookbook" list of instructions that
				  they are not permitted to deviate from in any way, and that any problems or
				  deviations from the planned activity at each individual work site will be
				  handled in person and on site by the supervisor.
5. All registrants conducting Radon related
				  services shall have a quality assurance (QA) program to assure that services
				  are performed accurately and errors are controlled and corrected in a minimal
				  amount of time. Program elements should include: responsibilities and duties of
				  all persons performing radon services; standardized procedures for testing
				  and/or evaluation; maintenance schedule for equipment; review of results;
				  standardized reporting procedures; and corrective action plan.
6. Temporary waivers of registration will be
				  considered for applicants who prove they have attempted to meet the minimum
				  requirements but do not through no fault of their own. This pertains primarily
				  to those experiencing delays in getting listed with the EPA proficiency
				  programs.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 224 - AIR AND WATER RADON SERVICE PROVIDER REGISTRATION RULES › Part A - GENERAL PROVISIONS › Section 144-224-A-5 - EXEMPTIONS TO THE REGISTRATION REQUIREMENTS

Current through 2024-29, July 17, 2024
A. General Provision. The Department may,
				  upon application therefore or upon its own initiative, grant such exemptions or
				  exceptions from the requirements of these regulations as it determines are
				  authorized by law and will not result in undue hazard to public health and
				  safety or property.
B. Government
				  Employees. Qualified State of Maine personnel in the course of their assigned
				  duties, and qualified U.S. Environmental Protection Agency personnel as well as
				  any qualified subcontractor of the State of Maine and the U.S. Environmental
				  Protection Agency, operating within this State providing the work performed is
				  in accordance with the Radon Measurement Proficiency Program, the Radon
				  Contractor Proficiency Program, and uses associated quality assurance
				  procedures.
C. Residential use. A
				  person performing testing or mitigation on a building owned or inhabited by
				  that person.
D. New construction. A
				  builder utilizing preventive or safeguarding measures in new construction as
				  recommended in "Radon-resistant Residential New Construction" EPA/60018-881087,
				  published by the U.S. EPA, or an equivalent publication as determined by the
				  department.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 224 - AIR AND WATER RADON SERVICE PROVIDER REGISTRATION RULES › Part A - GENERAL PROVISIONS › Section 144-224-A-6 - RECORDS

Current through 2024-29, July 17, 2024
A. Notification To Clients. The following
				  information shall be conveyed to clients:
1.
				  The Maine registration number of the radon service provider;
2. A statement to the effect that any
				  questions, comments, or complaints concerning individuals or firms providing
				  radon related services in Maine should be directed to:
Radiation Control Program
State House #10
Augusta, ME 04333-0010 Phone 287-5676;
3. A statement that the State of Maine
				  requires the reporting of radon test results to the Department in accordance
				  with the Act ( 22 MRSA sec.771 et seq.), and that the following is to be
				  reported to the Department:
a. Zip code of
				  the structure tested.
b. The radon
				  laboratory result or mitigation type.
c. Mailing/Street address of the structure
				  tested or mitigated in cases of very high radon levels.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 224 - AIR AND WATER RADON SERVICE PROVIDER REGISTRATION RULES › Part A - GENERAL PROVISIONS › Section 144-224-A-7 - INSPECTIONS AND RECORDS REVIEW

Current through 2024-29, July 17, 2024
A. Each
				  registrant shall make available for inspection to the Department during working
				  hours records maintained pursuant to these regulations. Records to be
				  maintained are:
1. Radon testers and
				  evaluators. Client name, address, location of structure if different than
				  client address, test device ID number(s), location(s) of test device(s), and
				  test results.
2. Radon mitigators.
				  Client name, address, phone number, location of structure if different than
				  client address, pre-mitigation test result and location, post-mitigation test
				  result and location, mitigation system type, and any variations from the
				  minimum performance standards listed in these rules.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 224 - AIR AND WATER RADON SERVICE PROVIDER REGISTRATION RULES › Part A - GENERAL PROVISIONS › Section 144-224-A-8 - COMMUNICATIONS

Current through 2024-29, July 17, 2024
All communications and reports concerning these
					 regulations, and applications filed thereunder, shall be addressed to the
					 Radiation Control Program, State House Station #10 (157 Capitol Street),
					 Augusta, Maine 04333.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 224 - AIR AND WATER RADON SERVICE PROVIDER REGISTRATION RULES › Part A - GENERAL PROVISIONS › Section 144-224-A-9 - VIOLATIONS TO THESE RULES

Current through 2024-29, July 17, 2024
An injunction or other court order may be obtained
					 prohibiting any violation of any provision of the Act or any regulation or
					 order issued thereunder. Any person failing to register pursuant to these rules
					 commits a civil violation for which a forfeiture not to exceed $500 may be
					 adjudged. Any person in violation of § 777 (use of listed facilities),
					 § 778 (reporting requirements), or §779 (advertising) 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 (Unfair
					 Trade Practices). Other violations of these rules are punishable as Class E
					 crimes pursuant to
					  22 MRSA
					 §47.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 224 - AIR AND WATER RADON SERVICE PROVIDER REGISTRATION RULES › Part A - GENERAL PROVISIONS › Section 144-224-A-10 - TRUTH IN ADVERTISING

Current through 2024-29, July 17, 2024
A. False and/or
				  misleading claims or advertisements shall not be made with regard to any and
				  all products and/or services offered.
B. Only services which can actually be
				  provided by the firm at the time of the advertisement shall be
				  offered.
C. "Scare Tactics" such as
				  statements indicating exaggerated cancer risks or exaggerating loss of property
				  value shall not be utilized.
D. 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.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 224 - AIR AND WATER RADON SERVICE PROVIDER REGISTRATION RULES › Part A - GENERAL PROVISIONS › Section 144-224-A-11 - CHANGE IN REGISTRATION STATUS

Current through 2024-29, July 17, 2024
Any person or company that is registered under these rules
					 must notify the department within five working days after a change occurs that
					 alters an applicant's ability to meet the prerequisites for registration.
					 Notification shall be in writing and on company letterhead.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 224 - AIR AND WATER RADON SERVICE PROVIDER REGISTRATION RULES › Part A - GENERAL PROVISIONS › Section 144-224-A-12 - ROSTER OF REGISTRANTS

Current through 2024-29, July 17, 2024
A list of registered radon service providers shall be
					 prepared by the department and be made available to the
					 public.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 224 - AIR AND WATER RADON SERVICE PROVIDER REGISTRATION RULES › Part A - GENERAL PROVISIONS › Section 144-224-A-13 - MAINE RADIATION ACT

Current through 2024-29, July 17, 2024
The Maine Radiation Act (
					  22 MRSA
					 §661 et seq.) may also pertain to
					 activities regulated by these rules.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 224 - AIR AND WATER RADON SERVICE PROVIDER REGISTRATION RULES › Part B - MINIMUM PERFORMANCE STANDARDS › Section 144-224-B-1 - GENERAL PERFORMANCE STANDARDS

Current through 2024-29, July 17, 2024
All radon service providers shall conform to the minimum
					 performance standards set forth by EPA in their Radon Proficiency Programs or
					 listed in this section, and shall use EPA approved protocols (except where
					 Maine protocols are more stringent) or equivalent practices as determined by
					 the department and shall comply with applicable federal, state, and local
					 statutes, ordinances, and rules. Additionally, anyone registered to perform
					 radon related work in the state of Maine shall abide by acceptable general
					 performance standards.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 224 - AIR AND WATER RADON SERVICE PROVIDER REGISTRATION RULES › Part B - MINIMUM PERFORMANCE STANDARDS › Section 144-224-B-2 - RADON TESTING

Current through 2024-29, July 17, 2024
A. Testing
				  Location.
1. Initial radon screening tests:
				  air radon screening tests shall take place in the lowest livable level of the
				  structure, in addition to any other levels requested by the client.
2. Follow up testing: EPA testing protocols
				  shall be followed.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 224 - AIR AND WATER RADON SERVICE PROVIDER REGISTRATION RULES › Part B - MINIMUM PERFORMANCE STANDARDS › Section 144-224-B-3 - WATER RADON MITIGATION

Current through 2024-29, July 17, 2024
A. Aeration
				  Systems. All aeration systems used in water radon mitigation shall have the
				  exhaust vent stack meet the same criteria as the vent stack used in sub-slab
				  depressurization systems used in air radon mitigation. These criteria are found
				  in EPA's Radon Mitigation Standards.
B. Granular Activated Carbon. All Granular
				  Activated Carbon units used for radon mitigation shall have disposal options or
				  disposal schedules provided by the mitigator. These disposal options and
				  schedules will be based on guidance provided by the department.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 224 - AIR AND WATER RADON SERVICE PROVIDER REGISTRATION RULES › Part C - ENFORCEMENT ACTIONS, PROCEDURES, AND CIVIL PENALTIES › Section 144-224-C-1 - PURPOSE AND SCOPE

Current through 2024-29, July 17, 2024
The purpose of the enforcement program is to promote and
					 protect the health, welfare and safety of the public, including employees
					 by:
A. Ensuring compliance with
				  regulations and registration conditions;
B. Obtaining prompt correction of violations
				  and adverse quality conditions which may affect safety;
C. Deterring future violations and
				  occurrences of conditions adverse to quality; and
D. Encouraging improvement of registrant
				  activities, including the prompt identification and reporting of potential
				  safety problems.
E. Consistent with
				  the purpose of this enforcement program, prompt and vigorous enforcement action
				  will be taken when dealing with registrants who do not achieve the necessary
				  attention to detail and high standard of compliance.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 224 - AIR AND WATER RADON SERVICE PROVIDER REGISTRATION RULES › Part C - ENFORCEMENT ACTIONS, PROCEDURES, AND CIVIL PENALTIES › Section 144-224-C-2 - ENFORCEMENT CONFERENCES

Current through 2024-29, July 17, 2024
A. Whenever the
				  Department has learned of the existence of a potential violation for which a
				  civil penalty or criminal action may be warranted, the Department will conduct
				  an enforcement conference with the licensee prior to taking enforcement action,
				  unless the Department determines that the severity of the potential violation
				  warrants escalating enforcement action. The purpose of the enforcement
				  conference is to:
1. Discuss the violations
				  or nonconformance, their significance and causes, and the registrant's
				  corrective actions.
2. Determine
				  whether there are any aggravating or mitigating circumstances, and
3. Obtain other information which will help
				  determine the appropriate enforcement action.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 224 - AIR AND WATER RADON SERVICE PROVIDER REGISTRATION RULES › Part C - ENFORCEMENT ACTIONS, PROCEDURES, AND CIVIL PENALTIES › Section 144-224-C-3 - NOTICE OF VIOLATION

Current through 2024-29, July 17, 2024
A. Before
				  instituting any proceeding to suspend or revoke a license or to take other
				  action for alleged violation of any provision of the Act or these rules or the
				  requirements for registration, the Department will serve on the registrant a
				  written notice of violation. The notice of violation will concisely state the
				  alleged violation and will require that the registrant or any other person
				  submit, within twenty (20) working days of the date of the notice or other
				  specified time, a written (facsimile accepted) explanation or statement in
				  reply including:
1. corrective steps which
				  have been taken by the registrant or other person and the results
				  achieved;
2. corrective steps which
				  will be taken; and
3. the date when
				  full compliance will be achieved.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 224 - AIR AND WATER RADON SERVICE PROVIDER REGISTRATION RULES › Part C - ENFORCEMENT ACTIONS, PROCEDURES, AND CIVIL PENALTIES › Section 144-224-C-4 - CIVIL PENALTIES

Current through 2024-29, July 17, 2024
A. A civil penalty
				  is a monetary penalty that may be imposed for violation of:
1. registration requirements of the Act or
				  these rules, or
2. reporting
				  requirements, requirements to use listed facilities, and advertising
				  restrictions of the Act.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 224 - AIR AND WATER RADON SERVICE PROVIDER REGISTRATION RULES › Part C - ENFORCEMENT ACTIONS, PROCEDURES, AND CIVIL PENALTIES › Section 144-224-C-5 - REVOCATION OR SUSPENSION OF REGISTRATION

Current through 2024-29, July 17, 2024
Actions by the Department to suspend or revoke
					 registrations shall be brought in Administrative Court pursuant to
					  5 MRSA
					 §10051 et seq. Such actions may be
					 brought for violations of the Act or these rules, or for the following:
A. To remove a threat to the public health
				  and safety or the environment;
B.
				  To stop mitigation activities when: (i) further work could preclude or
				  significantly hinder the identification or correction of an improperly
				  constructed mitigation related system or component, or (ii) the registrant's
				  quality assurance program implementation is not adequate to provide confidence
				  that testing and or analysis activities are being properly carried
				  out;
C. When the registrant has not
				  responded adequately to other enforcement action;
D. When the registrant interferes with the
				  conduct of an inspection or investigation; or
E. After sufficient documentation of
				  misconduct has been obtained by the Department, or upon delisting by the EPA
				  Radon Proficiency Programs.
F. When
				  a registrant is unable or unwilling to comply with the requirements set forth
				  in the Act or these regulations, to include;
1. Misrepresentation or false
				  advertising.
2. False
				  reporting.
3. Failure to report as
				  required by these rules.
4. No
				  longer meet requirements of registration.
5. Other good cause as may be deemed
				  reasonable by the Department.
6.
				  Misleading Advertising.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 224 - AIR AND WATER RADON SERVICE PROVIDER REGISTRATION RULES › Part C - ENFORCEMENT ACTIONS, PROCEDURES, AND CIVIL PENALTIES › Section 144-224-C-6 - ADMINISTRATIVE HEARING

Current through 2024-29, July 17, 2024
If the Department decides to refuse to renew a
					 registration, or denies an application for registration, the aggrieved person
					 may request an Administrative Hearing pursuant to
					  5 MRSA §9051 et seq.
					 The Department shall notify the registrant or applicant of its intention and
					 shall notify the registrant or applicant of the procedures for requesting such
					 a hearing. The request must be made within 30 days of the Department's
					 notification letter.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 224 - AIR AND WATER RADON SERVICE PROVIDER REGISTRATION RULES › Part C - ENFORCEMENT ACTIONS, PROCEDURES, AND CIVIL PENALTIES › Section 144-224-C-7 - DENIAL OF ADMINISTRATIVE HEARING

Current through 2024-29, July 17, 2024
The Department may suspend, revoke, or refuse to review a
					 registration without affording opportunities for hearing pursuant to sections 5
					 or 6 when the health or physical safety of a person is in immediate jeopardy at
					 the time of the Department's action, and affording such hearings would fail to
					 respond adequately to a known risk. Suspensions, revocations or refusals to
					 review registrations pursuant to this section may not continue for more than 30
					 days.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 224 - AIR AND WATER RADON SERVICE PROVIDER REGISTRATION RULES › Part C - ENFORCEMENT ACTIONS, PROCEDURES, AND CIVIL PENALTIES › Section 144-224-C-8 - REFERRAL TO THE DEPARTMENT OF THE ATTORNEY GENERAL

Current through 2024-29, July 17, 2024
Alleged unfair trade practices (
					  5 MRSA
					 §205 et seq.) and alleged criminal
					 violations of the Act and these rules shall be referred to the Attorney
					 General's Office for any further proceedings.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 224 - AIR AND WATER RADON SERVICE PROVIDER REGISTRATION RULES › Part C - ENFORCEMENT ACTIONS, PROCEDURES, AND CIVIL PENALTIES › Section 144-224-C-9 - PUBLIC DISCLOSURE OF ENFORCEMENT ACTIONS

Current through 2024-29, July 17, 2024
In accordance with the Administrative Procedures Act, all
					 enforcement actions and registrants' responses are publicly available for
					 inspection. In addition, press releases may be issued for civil penalties and
					 orders.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 224 - AIR AND WATER RADON SERVICE PROVIDER REGISTRATION RULES › Part C - ENFORCEMENT ACTIONS, PROCEDURES, AND CIVIL PENALTIES › Section 144-224-C-10 - APPEALS PROCEDURE

Current through 2024-29, July 17, 2024
Any person aggrieved by a final departmental decision may
					 seek judicial review in the Superior Court pursuant to
					  5 MRSA
					 section11001 et seq.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 225 - LICENSING SUPPLIERS OF COMPRESSED AIR USED IN SELF-CONTAINED BREATHING APPARATUS › Section 144-225-1 - GENERAL PROVISIONS

Current through 2024-29, July 17, 2024
A. Purpose. These
				rules require minimum operational and equipment standards for air compressors
				that supply compressed air used in self-contained breathing
				apparatus.
B. Definitions.
1. Breathing Apparatus. "Breathing Apparatus"
				means any breathing device, either high or low pressure which is used to
				sustain human life under adverse conditions.
2. Department. "Department" mans the
				Department of Human Services.
3.
				Suppliers of Compressed Air. "Suppliers of Compressed Air" means organization,
				agency, individual, firm, partnership or corporation that provides compressed
				air to be used in self-contained breathing apparatus.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 225 - LICENSING SUPPLIERS OF COMPRESSED AIR USED IN SELF-CONTAINED BREATHING APPARATUS › Section 144-225-2 - OPERATIONAL AND EQUIPMENT STANDARDS

Current through 2024-29, July 17, 2024
A. Air
				Standards. Components in the compressed air shall not exceed the limits set
				forth in the following table:
Oxygen ... Not less than 19%/vol.
Carbon Monoxide............10 ppm
Carbon Dioxide..............500 ppm
Hydrocarbons (condensed) 5mg/m3
Odor. . . .See Note No. 1
Other. . . Contaminants deleterious to health shall not be
				  present.
%/Vol percent by volume
ppm parts per million by volume
mg/m3 milligrams per cubic meter of air
Note No. 1 - Odor - Although air normally has a slight Odor,
				  the presence of a pronounced odor shall render the air
				  unsatisfactory.
B. Air
				Processing Equipment. Air processing involves the compression, purification and
				proper storage of the purified air.
1.
				Compressor. The air compressor shall be of a type, size and capacity in keeping
				with the intended usage; and shall incorporate the equipment and features
				necessary to assure efficient operation and to safeguard against malfunction or
				human error. The air compressor shall include:
a. An Inlet Filter: Positioned to exclude
				airborne particles, exhausts of automotive vehicles and undesirable odors or
				other contaminants.
b. Pressure
				Control Device: To prevent the compressor from exceeding a pre-set
				pressure.
c. Temperature Control
				Device: To prevent the compressor from over-heating, a temperature sensing
				probe shall be affixed at the hottest location in the compressor
d. Running Time Recorder: To record the
				actual running hours of the compressor.
e. Inter-Coolers On Multistage Compressors;
				To cool the compressed air between each compression stage.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 226 - CROSS CONNECTION RULES › Section 144-226-1 - GENERAL PROVISIONS

Current through 2024-29, July 17, 2024
A.
Application and Scope
1. The
				protection of the public from contaminated water caused by cross connections is
				accomplished by two strategies: "containment" and "fixture isolation".
				Containment of cross connection hazards protects the supplier's water system
				from contamination by a facility with internal cross connections. Fixture
				isolation prevents the water system
within
a facility from
				contamination by cross connections. These two strategies protect a water system
				from cross connections from the water system source to the end-user tap.
These rules, administered by the Department of Health and
				  Human Services, require the "containment" of cross connection hazards of public
				  water systems. The Maine State Internal Plumbing Code, administered by the
				  Department of Professional and Financial Regulation at 02-395 CMR 4, protects
				  the public against cross connection hazards associated with fixture
				  isolation.
Note that containment devices are regulated by the Maine
				  State Internal Plumbing Code at 02-395 CMR 4.
2. The provisions of these rules shall apply
				to all community public water systems with one or more low or high-hazard
				service connections and all non-community public water systems with one or more
				high-hazard service connections.
3.
				The Department encourages all water systems with service connections to have a
				cross connection control program.
4. The Department reserves the right to
				require any public water system to create and maintain a cross connection
				control program based on existing or potential hazards.
B.Constitutionality
Should any section, paragraph, sentence, clause, or phrase of
				  these Rules be declared unconstitutional or invalid for any reason, such
				  decision shall not affect the validity of the remaining portion of these
				  rules.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 226 - CROSS CONNECTION RULES › Section 144-226-3 - ADMINISTRATION

Current through 2024-29, July 17, 2024
A. The supplier shall not allow a
				cross-connection at any point within its system unless deemed necessary and
				approved by the supplier. All parties seeking approval of a cross connection
				must submit an application for approval to the supplier.
B. All connections to a public water system,
				including connections provided specifically for fire suppression systems, shall
				be evaluated by the supplier for cross connection potential and degree of
				hazard.
C. All cross connections
				shall be protected by backflow prevention devices, assemblies, and methods
				specified in the Maine State Internal Plumbing Code at 02-395 CMR 4.
D. The owner shall be responsible for
				ensuring the proper operation and maintenance of an anti-backflow device and
				the periodic regular testing of the device as required by the Maine State
				Internal Plumbing Code or by the public water supplier.
E. The supplier shall be responsible for the
				administration of its cross-connection control program and ensuring that
				backflow preventers installed for containment purposes are periodically tested
				as required.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 226 - CROSS CONNECTION RULES › Section 144-226-4 - CROSS CONNECTION CONTROL PROGRAMS

Current through 2024-29, July 17, 2024
A. All
				suppliers serving a community population with one or more low or high hazard
				service connections or a non-community population with one or more high hazard
				service connections shall submit a written cross-connection control program to
				the Department for approval within sixty (60) days of the date the system is
				established or service is extended to the low or high hazard connection(s). The
				cross-connection control program shall be implemented and in effect within a
				period not to exceed nine (9) months of the date the system is established or
				service is extended to a low or high-hazard connection.
B. Cross connection control programs,
				approvals, and device testing records must be available for review by the
				Department's field inspectors during regular sanitary survey or other on-site
				inspections.
C. The Department
				specifically reserves the right to inspect all cross-connections. The supplier
				shall be administratively responsible for the corrections necessary as a result
				of a Departmental inspection. The owner and/or supplier shall comply with any
				Departmental or supplier's orders issued as a result of said inspections of the
				water system.
D. Cross connection
				control programs shall include these sections (The model program in the EPA
				Cross Connection Control Manual can be used as a reference for creating these
				sections, EPA 816-R-03-002, available at
www.epa.gov/safewater
):
1. Purpose & Scope;
2. Authority;
3. Responsibilities;
4. Definitions;
5. Administration;
6. Requirements;
7. Degree of Hazard;
8. Cross Connection Approvals;
9. Exemptions;
10. Periodic Testing;
11. Records and Reports;
12. Fees and Charges
Addendum
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 226 - CROSS CONNECTION RULES › Section 144-226-5 - DEGREE OF HAZARD

Current through 2024-29, July 17, 2024
For definitions on the three degrees of hazard (low hazard,
				  high hazard, and residential hazard), refer to Section
				  2(P), (R)
				  and (Z)  infra.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 226 - CROSS CONNECTION RULES › Section 144-226-6 - APPROVED ANTI-BACKFLOW DEVICES

Current through 2024-29, July 17, 2024
All anti-backflow devices must be approved per the
				  requirements of the current Maine State Internal Plumbing Code 02-395 CMR
				  4.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 226 - CROSS CONNECTION RULES › Section 144-226-7 - CROSS-CONNECTION CONTROL APPLICATION AND APPROVAL PROCESS

Current through 2024-29, July 17, 2024
A. The supplier shall not allow a
				cross-connection within the public water system unless deemed necessary and
				approved by the supplier and protected by an approved backflow-prevention
				method.
B. All cross-connection
				approval applications should be submitted to the supplier for review and
				approval.
C. Records of
				cross-connection approvals and devices shall be kept on file with the supplier
				as long as the cross connection is present and until five years after the cross
				connection is eliminated. Records of tests for testable cross connection
				control devices shall be kept on file with the supplier for 5 years after the
				date of the test. Records must be available for inspection by Department
				staff.
D. It shall be the
				supplier's responsibility to review the degree of hazard of the
				cross-connection, assign the proper hazard classification to a specific
				cross-connection and designate the proper classification on the specific
				cross-connection application.
E.
				The owner shall apply for the approval of a cross-connection on appropriate
				forms provided by the supplier and submit said application to the
				supplier.
F. The supplier shall
				record on the application the degree of hazard (High, Low or Residential) and
				the determination as to whether or not the cross connection is approved. Cross
				connections shall be reviewed for re-approval at the discretion of the
				supplier. Requests for re-approval of a cross connection shall be reviewed by
				the supplier, and if no changes have occurred, the cross connection shall be
				automatically renewed. If changes have occurred during any approved period, the
				cross connection application shall be reviewed by the supplier for a
				modification to the degree of hazard determination.
G. Cross connection approvals shall be
				non-transferable.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 226 - CROSS CONNECTION RULES › Section 144-226-8 - EXEMPTIONS

Current through 2024-29, July 17, 2024
A. Any existing backflow preventer shall be
				allowed to continue in service unless:
1. The
				supplier and/or Department considers the condition of any portion of the device
				to be such that replacement should be made, or
2. The degree of hazard is changed.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 226 - CROSS CONNECTION RULES › Section 144-226-9 - RESPONSIBILITY

Current through 2024-29, July 17, 2024
A. It shall be the responsibility of the
				supplier and owner to ensure that no unprotected cross-connection is present.
				If the supplier has reasonably ordered an owner to protect its water supply
				from a potential or actual cross-connection and the owner does not do so, the
				supplier is required to discontinue service to the owner within a period of
				time specified in the water supplier's Cross- Connection Control Program.
				Notice shall be given to the Department and to the Maine Public Utilities
				Commission.
B. The owner shall be
				responsible for ensuring the proper operation and maintenance of a backflow
				preventer and the periodic regular testing of the device as required by the
				Maine State Internal Plumbing Code or by the public water supplier.
C. All owners maintaining cross-connections
				between their private system and the supplier's water system shall eliminate
				and disconnect such cross-connections unless deemed necessary by the water
				supplier, and protected by a backflow preventer approved by the supplier and
				approved for the degree of hazard associated with the cross-connection,
				according to the Maine State Internal Plumbing Code. Such disconnection shall
				occur within six months of the effective date of the cross-connection control
				program.
D. It shall be the
				responsibility of the owner to inform the supplier of any new, existing,
				proposed, or modified cross-connection.
E. It shall be the responsibility of the
				owner to provide access during normal working hours to the premises for any
				representative of the supplier or to any representative of the Department or
				any other state or federal agency authorized to do so for the expressed purpose
				of inspecting for possible cross-connections or gaining information in the
				preparation of an approval. This shall include providing copies of any plans,
				drawings, reports or specifications relating to the water system or proposed
				cross-connection control devices.
F. It shall be the responsibility of the
				owner to comply with all provisions of any cross connection approval and the
				supplier's Cross-Connection Control Program.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 227 - RULES FOR ESTABLISHMENT AND OPERATION OF CREMATORIA › Section 144-227-2 - ESTABLISHMENT OF CREMATORIUM AND LICENSURE OF CREMATORIUM AUTHORITY

Current through 2024-29, July 17, 2024
A.Any entity licensed under these Rules may
				erect, operate and maintain a crematorium in this State and provide the
				necessary appliances and facilities for the cremation of human remains, in
				accordance with the provisions of these Rules.
B.A Crematorium Authority is subject to all
				local, state, and federal health and environmental protection laws, rules and
				requirements and must obtain all necessary licenses and permits from the
				Department, the State's Department of Environmental Protection, the federal
				Department of Health and Human Services, the United States Environmental
				Protection Agency and any other applicable local, state or federal
				agencies.
C. A crematorium must be
				constructed on a cemetery that is at least 20 acres in size and has been in
				existence and used for burial for at least 2 years preceding the erection of
				the structure, and is consistent with local zoning regulations and current
				Maine law.
D.Applications for a
				license as a Crematorium Authority must include information prescribed by the
				Department.
(1)
Existing Crematoria
An application for a crematorium in existence prior to the
				  effective date of these Rules, must provide the Department with the following
				  information:
(a) The full name and
				address, both residential and business, of the applicant, if the applicant is
				an individual; the full name and address of every member and business, if the
				applicant is a partnership; the full name and address of every member of the
				board of directors and the business name, if the applicant is an association;
				and the name and address of every officer, if the applicant is a
				corporation.
(b) A detailed
				statement for the individuals listed in the Application under Section 2(D)(1)
				(a) above, providing their business experience for the last 10 years
				immediately preceding the application, any felony or misdemeanor convictions or
				involvement in civil litigation in which fraud was an essential element of the
				crime or complaint; and any information about a loss or suspension of any
				license by this state, or any other state related to the practice of funeral
				services, or operation of a cemetery or crematorium.
(c) The address and location of the
				crematorium.
(d) A statement
				confirming the date the Crematorium Authority was established.
(e) Copies of all current licenses or permits
				required for a crematorium to operate in the state of Maine.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 227 - RULES FOR ESTABLISHMENT AND OPERATION OF CREMATORIA › Section 144-227-3 - AUTHORIZATION TO CREMATE

Current through 2024-29, July 17, 2024
A.Except as
				otherwise provided in this section, a Crematorium Authority may not cremate
				human remains, until it has received the following:
(1) A non-transferable cremation
				authorization form signed by an authorized person. The cremation authorization
				form must contain the following information:
(a) The identity of the human remains and the
				date and time of death;
(b) The
				name of the authorized person;
(c)
				Notification as to whether the death occurred from a disease declared by the
				Department to be infectious, contagious, communicable, or dangerous to the
				public health;
(d) Authorization
				for the Crematorium Authority to cremate the human remains;
(e) A representation that the human remains
				do not contain a pacemaker or any other material or implant that may be
				potentially hazardous or cause damage to the cremation chamber or the person
				performing the cremation;
(f) The
				name of the person authorized to receive the cremated remains from the
				crematorium authority; and
(g) The
				signature of the authorized person, attesting to the accuracy of all
				representations contained on the cremation authorization form.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 227 - RULES FOR ESTABLISHMENT AND OPERATION OF CREMATORIA › Section 144-227-4 - RECORDKEEPING

Current through 2024-29, July 17, 2024
A.The Crematorium Authority must furnish a
				receipt, signed by both the Crematorium Authority and the person delivering the
				human remains, to the person who delivers human remains to the Crematorium
				Authority, showing the following:
(1) date
				and time of the delivery;
(2) the
				type of casket or alternative container that was delivered;
(3) the name of the person from whom the
				human remains were received;
(4)
				the name of the funeral establishment or other entity, if any, with whom the
				person is affiliated;
(5) the name
				of the person who received the human remains on behalf of the Crematorium
				Authority; and
(6) the name of the
				decedent.
The crematorium must retain a copy of this receipt in its
				  permanent records.