reglab/statecodes huggingface dataset:
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 26 - COMMERCIAL WILDLIFE PERMIT FOR AMPHIBIANS OR NONMARINE INVERTEBRATES › Section 137-26-01 - Permit Required

Current through 2024-29, July 17, 2024
A commercial wildlife permit is required by any persons
				  harvesting amphibians (Class Amphibia), freshwater mussels (Class Bivalvia),
				  butterflies or moths (Class Insecta, Order Lepidoptera), dragonflies (Class
				  Insecta, Order: Odonata), or beetles (Class Insecta, Order: Coleoptera)
				  collected from the wild for export, sale, or commercial purposes.
This rule is not intended to apply to licensed Maine guides
				  and anglers harvesting or collecting species other than endangered, threatened
				  and special concern for use in the activity they are licensed for by the
				  Department.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 26 - COMMERCIAL WILDLIFE PERMIT FOR AMPHIBIANS OR NONMARINE INVERTEBRATES › Section 137-26-02 - Application and Fee

Current through 2024-29, July 17, 2024
A. Applications for a
				commercial wildlife permit must be submitted on a standard application form
				provided by the Commissioner; incomplete applications will be returned to the
				applicant. All applications will be reviewed by a Department biologist
				authorized by the Commissioner.
B.
				The fee for a commercial wildlife permit is defined in statute.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 26 - COMMERCIAL WILDLIFE PERMIT FOR AMPHIBIANS OR NONMARINE INVERTEBRATES › Section 137-26-03 - Age

Current through 2024-29, July 17, 2024
Applicants must be 16 years of age or
				  older.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 26 - COMMERCIAL WILDLIFE PERMIT FOR AMPHIBIANS OR NONMARINE INVERTEBRATES › Section 137-26-04 - Restrictions and Conditions

Current through 2024-29, July 17, 2024
A. The Department shall
				maintain a list of restricted amphibian and invertebrate species ineligible for
				commercial harvest. Restricted species will include those listed as State
				Endangered or Threatened under Title 12, Section 12803, or listed by the
				Department as species of Special Concern and available on the Department's
				website or at any of the regional offices.
B. Among nonrestricted species, the
				Department may establish harvest limits by species and geographic location and
				seasonal restrictions for harvest.
C. Other restrictions or conditions may be
				specified by the Commissioner to ensure appropriate and sustainable use of a
				commercial wildlife permit.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 26 - COMMERCIAL WILDLIFE PERMIT FOR AMPHIBIANS OR NONMARINE INVERTEBRATES › Section 137-26-05 - Grounds for Permit Denial

Current through 2024-29, July 17, 2024
Upon receipt of a properly executed permit application, the
				  Commissioner may issue a permit unless:
A. The applicant has been assessed a civil
				penalty or convicted of any criminal statute or regulation relating to the
				activity for which the application is filed if such conviction or assessment
				evidences a lack of responsibility.
B. The applicant has failed to disclose
				information required in the application or has made false statements as to any
				material fact in connection with the application.
C. The applicant has failed to demonstrate a
				valid justification for the permit.
D. The authorization requested potentially
				threatens a wildlife population.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 26 - COMMERCIAL WILDLIFE PERMIT FOR AMPHIBIANS OR NONMARINE INVERTEBRATES › Section 137-26-06 - Records; Reports

Current through 2024-29, July 17, 2024
The person to whom the permit is issued shall maintain
				  complete and accurate records of any activity conducted pursuant to such
				  permit. A report of these activities shall be submitted to the Commissioner
				  within 30 days following permit expiration or with request for renewal. Report
				  forms shall be provided by the Commissioner.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 26 - COMMERCIAL WILDLIFE PERMIT FOR AMPHIBIANS OR NONMARINE INVERTEBRATES › Section 137-26-07 - Renewal Requirements

Current through 2024-29, July 17, 2024
Permits are renewable and may be renewed:
A. If a satisfactory report of activities
				during the preceding year is submitted.
B. If the restrictions and conditions of the
				preceding year's permit are accurately met.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 26 - COMMERCIAL WILDLIFE PERMIT FOR AMPHIBIANS OR NONMARINE INVERTEBRATES › Section 137-26-08 - Penalty

Current through 2024-29, July 17, 2024
Any violation of these rules and regulations or the
				  conditions of any permit may subject the permittee to the following:
A. Upon conviction, punishment as provided by
				Section 12159 and 12161, Title 12.
B. Revocation of the permit. When revoked,
				permits must be surrendered to the Commissioner on demand.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 28 - EDUCATIONAL TRIP LEADER RULES › Section 137-28-01 - Scope of Rules

Current through 2024-29, July 17, 2024
These rules shall apply to Educational Trip Leader (ETL)
				  Permit holders as described within Title 12 M.R.S. § 12863.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 28 - EDUCATIONAL TRIP LEADER RULES › Section 137-28-02 - Table of Contents

Current through 2024-29, July 17, 2024
28.01 Scope of Rules
28.02 Table of Contents
28.03 Definitions
28.04 Educational Trip Leader Advisory
				Committee
28.05 Educational Trip
				Leader Advisory Committee Responsibilities
28.06 Educational Trip Leader Administrator
				Responsibilities
28.07 Educational
				Trip Leader Instructor Eligibility and Application Process
28.08 Educational Trip Leader Permit
				Eligibility and Application Process
28.09 Educational Trip Leader Permit
				Authorization
28.10 Standards of
				Competency
28.11 Standards for
				Revocation, Suspension or Denial
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 28 - EDUCATIONAL TRIP LEADER RULES › Section 137-28-03 - Definitions

Current through 2024-29, July 17, 2024
1.
Educational Institution:
means a public school or private school, as defined in Title 20-A, section 1, a
				School Administrative Unit (SAU) as defined in Title 20-A, section 1, or
				postsecondary educational institution, or a similarly defined public or private
				school from another state or country.
2.
Educational Trip Leader
				(ETL)
: means an employee or student sponsored and certified by the
				educational institution in which they are enrolled, employed by or affiliated
				with, to lead outdoor recreational trips.
3.
Educational Trip Leader
				Administrator
: means a current registered Maine guide (RMG) recommended
				by the Educational Trip Leader Advisory Committee and approved by the
				commissioner, who has oversight of the ETL program.
4.
Educational Trip Leader Instructor
				(ETL Instructor):
means an RMG or ETL who is certified to train and
				certify persons at educational institutions to become ETLs.
5.
Educational Trip Leader
				Permit
: a permit that allows a person affiliated with an educational
				institution to lead outdoor recreational trips. These permits are issued by the
				department to persons affiliated with an educational institution within the
				State of Maine and to those in other states or countries.
6.
Outdoor Educational Trip:
has
				the same meaning as defined within Title 12 M.R.S. § 12863.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 28 - EDUCATIONAL TRIP LEADER RULES › Section 137-28-04 - Educational Trip Leader Advisory Committee

Current through 2024-29, July 17, 2024
1.
Committee Established:
The
				Outdoor Educational Trip Leader Advisory Committee is established and referred
				to in this Section as "the ETL Advisory Committee".
2.
Members:
The ETL Advisory
				Committee shall consist of 7 members designated by the commissioner:
a. One employee of the department;
b. One RMG with educational trip leader
				experience;
c. One Administrator or
				ETL representing public postsecondary educational institutions;
d. One Administrator or ETL representing
				private nonprofit postsecondary educational institutions;
e. One Administrator or ETL representing K-12
				public schools;
f. One
				Administrator or ETL representing K-12 private schools; and
g. One Administrator or ETL who is also a
				member of the camp trip leader permit Committee as described within DIFW Rule
				Chapter 23.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 28 - EDUCATIONAL TRIP LEADER RULES › Section 137-28-05 - ETL Advisory Committee Responsibilities

Current through 2024-29, July 17, 2024
1.
ETL Advisory Committee shall:
a.
				Make recommendations to the commissioner, to approve or deny a request to
				become ETL Administrators, ETL Instructors and ETLs;
b. Maintain a list of all ETL Administrators
				and ETL Instructors;
c. Create the
				process for testing ETLs;
d. Create
				and adopt the ETL training curriculum;
e. Review and update ETL training curriculum
				every 5 years;
f. Review complaints
				against ETL Administrators, ETL Instructors and ETL permit holders;
				and
g. Make recommendations to the
				commissioner on revocation, suspension, or denial of ETL permits in accordance
				with Title 12 M.R.S. § 12863.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 28 - EDUCATIONAL TRIP LEADER RULES › Section 137-28-06 - ETL Administrator Responsibilities

Current through 2024-29, July 17, 2024
1. The Administrator will ensure that the
				Educational Institution sponsors and educates, all ETLs and holds liability
				insurance for all trips.
2.
				Coordination of the ETL program including training of ETLs and ETL Instructors
				and making recommendations on ETL and ETL instructor eligibility to the ETL
				Advisory Committee.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 28 - EDUCATIONAL TRIP LEADER RULES › Section 137-28-07 - ETL Instructor Eligibility and Application Process

Current through 2024-29, July 17, 2024
1. To be eligible to be an ETL instructor, an
				applicant:
a. Must be at least 18 years
				old;
b. Must hold a current ETL
				permit or be a RMG; and
c. Must
				provide required documentation of teaching experience in the field of outdoor
				recreation and references (as specified by the
				administrator).
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 28 - EDUCATIONAL TRIP LEADER RULES › Section 137-28-08 - ETL Permit Eligibility and Application Process

Current through 2024-29, July 17, 2024
1. To be eligible to obtain an ETL Permit, an
				applicant:
a. Must be at least 18 years of
				age;
b. Must have successfully
				completed the ETL training for the applicable trip(s) being led, as designated
				by the ETL Advisory Committee; or
c.
				Show documentation of having participated in a leadership role, in at least 2
				experiences in a wilderness context and show any additional, applicable
				training and testing received by the applicant;
d. Must hold a current Wilderness First Aid
				Certificate or equivalent course certificate;
e. Must hold a current CPR Certification;
f. Must have successfully
				completed water/boating safety instruction:
i. To be qualified to lead trips on inland
				waters, the applicant shall have successfully completed water/boating safety
				instruction or equivalent training specific to the watercraft used for the
				trip; and
ii. To be qualified to
				lead trips on coastal waters, the applicant shall have coastal water/boating
				safety instruction or equivalent experience specific to the watercraft used for
				the trip.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 28 - EDUCATIONAL TRIP LEADER RULES › Section 137-28-09 - ETL Permit Authorization

Current through 2024-29, July 17, 2024
1. A person who
				possesses a current and valid ETL permit is authorized to conduct outdoor
				educational trips as defined within Title 12 M.R.S. § 12863.
An ETL Permit entitles the permittee to:
a. Lead outdoor educational trips that do not
				exceed a maximum 1:12 ETL to student ratio; and
b. Lead outdoor educational trips sponsored
				by an educational institution which may only include students, faculty, and
				staff from the same educational institution, or a partnering educational
				institution which has a current ETL program in place.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 28 - EDUCATIONAL TRIP LEADER RULES › Section 137-28-10 - Standards of Competency

Current through 2024-29, July 17, 2024
1. Standards of
				Competency: The following standards of competency are established in accordance
				with Title 12 M.R.S. § 12863 requiring a level of outdoor experience that
				enables an ETL to lead a group responsibly, while managing and mitigating risk
				in the outdoors. Failure to comply with these standards of competency shall be
				grounds for ETL revocation, suspension or denial.
An ETL must:
a. Have
				technical, safety and organizational skills in outdoor leadership to provide
				adequate accommodations and lead outdoor trips that best manage and mitigate
				risk;
b. Have experience based
				judgment that helps prevent unsafe situations;
c. Have problem solving skills to be
				creative, resourceful and analytical in order to recognize problems, anticipate
				outcomes and choose the direction that mitigates risk as much as possible;
				and
d. Fully understand and abide by
				all state laws and rules involving the activities led by an ETL.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 28 - EDUCATIONAL TRIP LEADER RULES › Section 137-28-11 - Standards for Revocation, Suspension or Denial and the Appeal's Process

Current through 2024-29, July 17, 2024
1. After review and recommendation by the
				Advisory Committee the commissioner may deny an application for an ETL permit,
				ETL instructor permit, or an ETL Administrator authorization if eligibility and
				application requirements are not met (see section 27.05 and 26.06 ).
2. After review and recommendation by the
				Advisory Committee the commissioner may suspend, revoke or refuse to renew an
				ETL permit, ETL instructor permit, or an ETL Administrator authorization
				pursuant to this rule chapter and Title 5, section 10004:
a. If the ETL, ETL Instructor or ETL
				Administrator fails to meet the standards of competency established pursuant to
				section 28.10;
b. If the ETL, ETL
				Instructor or ETL Administrator fails to meet the qualifications; or
c. If the ETL, ETL Instructor or ETL
				Administrator is found to be incompetent, negligent or neglectful in the
				conduct of ETL activities.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 29 - SPECIES OF SPECIAL CONCERN › Section 137-29-01 - Scope of Rules

Current through 2024-29, July 17, 2024
Pursuant to
				  12 MRSA
				  §10105, sub-§ 19, the Commissioner
				  has the authority to develop a list of species of special concern, which are
				  any species of fish or wildlife that does not meet the criteria as Endangered
				  or Threatened but is particularly vulnerable, and could easily become an
				  Endangered, Threatened, or Extirpated species due to restricted distribution,
				  low or declining numbers, specialized habitat needs or limits, or other
				  factors. Species of special concern are defined by
				  12 MRSA
				  §10001 and used by the Department for
				  planning and informational purposes, including when providing recommendations
				  and advice on land use activities.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 29 - SPECIES OF SPECIAL CONCERN › Section 137-29-02 - Designation of Species of Special Concern

Current through 2024-29, July 17, 2024
A. In
				determining whether a species meets one or more of the standards for
				designating a species of special concern, qualifications for consideration,
				population guidelines, and other factors will be considered. For the purposes
				of this chapter, "species" will mean "species" or "subspecies" and
				"populations" will mean all individuals of the species, statewide.
1.
Qualifications for Consideration
A species may only be recommended for listing as a state
				  Special Concern species if it meets all of the following qualifications:
a. It is a species of mammal, bird, fish,
				amphibian, reptile, or invertebrate wild by nature as distinguished from
				domestic species;
b. It is an
				indigenous species to Maine, meaning it is not an exotic deliberately or
				accidentally introduced into Maine, the United States, or North
				America.
c. It is a species that
				spends some portion of its annual cycle in Maine, including breeding,
				migration, or wintering, but is not a vagrant or accidental visitor;
d. It is a species that has not expanded into
				Maine within the past 50 years as part of a general range expansion, unless it
				historically occurred in Maine, is threatened or declining throughout a
				significant portion of its total range, or other significant risk factors have
				been identified;
e. It is a species
				that has not been reintroduced into Maine as part of an experimental wildlife
				management program, unless listing is part of the reintroduction plan;
				and
f. It is taxonomically
				classified no finer than a subspecies, unless federally Endangered or
				Threatened.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 29 - SPECIES OF SPECIAL CONCERN › Section 137-29-03 - Designation of Rare Species of Special Concern

Current through 2024-29, July 17, 2024
The Commissioner of Inland Fisheries and Wildlife shall
				  designate a subcategory of species identified as being of special concern that
				  are classified as rare and may be used for advisory recommendations to other
				  entities or agencies on fish and wildlife matters in accordance with applicable
				  laws or rules.
Rare species shall be those Special Concern species that are
				  dependent on specific habitat types or limited breeding locations known to be
				  particularly vulnerable to loss or disturbance; a species that is
				  geographically limited (e.g. < 10 sites in the state); a species identified
				  as vulnerable (NatureServe G3 or higher, IUCN VU or higher); a species highly
				  vulnerable to climate change; or that qualifies for MESA status, but has not
				  yet been listed.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 143 - JUNIOR MAINE GUIDES AND TRIP LEADERS CURRICULUM ADVISORY BOARD › Chapter 23 - RULES AND REGULATIONS PERTAINING TO THE APPLICATION FOR, AND ISSUING OF, CAMP TRIP LEADERS PERMITS AND COURSE INSTRUCTOR CERTIFICATION › Section 143-23-1.01 - Definition

Current through 2024-29, July 17, 2024
Trip Camping: A program in which groups of individuals who
				  are mobile, moving under their own power or by transportation which permits
				  individual guidance of the vehicle or animal (e.g. bicycle, canoe, horse,
				  sailboat), travel from one site to another for a time period exceeding two days
				  and one night.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 143 - JUNIOR MAINE GUIDES AND TRIP LEADERS CURRICULUM ADVISORY BOARD › Chapter 23 - RULES AND REGULATIONS PERTAINING TO THE APPLICATION FOR, AND ISSUING OF, CAMP TRIP LEADERS PERMITS AND COURSE INSTRUCTOR CERTIFICATION › Section 143-23-1.02 - Camp Trip Leader Permit

Current through 2024-29, July 17, 2024
Persons 18 years of age to 21 years of age must successfully
				  complete a Camp Trip Leader Safety Course to qualify as a Camp Trip
				  Leader
Persons 21 years of age or older may successfully complete a
				  Trip Leaders Safety Course or waiver such course and apply directly to the
				  Department using the Special Application Procedure.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 143 - JUNIOR MAINE GUIDES AND TRIP LEADERS CURRICULUM ADVISORY BOARD › Chapter 23 - RULES AND REGULATIONS PERTAINING TO THE APPLICATION FOR, AND ISSUING OF, CAMP TRIP LEADERS PERMITS AND COURSE INSTRUCTOR CERTIFICATION › Section 143-23-1.03 - Prerequisites for Camp Trip Leader Safety Course

Current through 2024-29, July 17, 2024
There shall be certain prerequisites for all candidates for
				  the Camp Trip Leader Safety course. It is assumed that this course is for all
				  persons who are skill and experience qualified to be a Camp Trip Leader. The
				  course is based on the concepts of increasing trip leader awareness in the
				  health and safety aspects of trip leading. The prerequisites are as
				  follows:
A. Minimum age. 18
				years.
B. Field experience
1. In service with an organized Camp group:
a. the candidate has had at least two
				experiences.
b. each experience
				shall be at least two nights in duration.
c. on each trip, the candidate was a
				supervisor/counselor.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 143 - JUNIOR MAINE GUIDES AND TRIP LEADERS CURRICULUM ADVISORY BOARD › Chapter 23 - RULES AND REGULATIONS PERTAINING TO THE APPLICATION FOR, AND ISSUING OF, CAMP TRIP LEADERS PERMITS AND COURSE INSTRUCTOR CERTIFICATION › Section 143-23-1.04 - Camp Trip Leader Safety Course Application Form

Current through 2024-29, July 17, 2024
An application form for the Camp Trip Leader safety course is
				  to be filled out by each candidate, the candidates Camp/organization Director,
				  and Course Instructor where indicated and/or applicable. The following
				  information is required:
A. Name and
				legal residence of applicant.
B.
				Date of birth of applicant.
C. Name
				and address of applicants sponsoring Camp.
D. Signature of applicants sponsoring Camp
				Director. This signature is given attesting the candidate has all required
				knowledges and prerequisites.
E.
				Name and address of course location.
F. Signature of Course Instructor(s). This
				signature is given attesting the candidates having successfully completed the
				course and examination.
G. A space
				to indicate applicants final score after completion of course.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 143 - JUNIOR MAINE GUIDES AND TRIP LEADERS CURRICULUM ADVISORY BOARD › Chapter 23 - RULES AND REGULATIONS PERTAINING TO THE APPLICATION FOR, AND ISSUING OF, CAMP TRIP LEADERS PERMITS AND COURSE INSTRUCTOR CERTIFICATION › Section 143-23-1.05 - Prerequisites for Special Application Procedure

Current through 2024-29, July 17, 2024
There shall be certain prerequisites for all candidates of
				  the Special Application Procedure. It is assumed that this procedure is for all
				  persons who are skill and experience qualified to be a Camp Trip Leader and at
				  the same time waiver the Camp Trip Leader Safety Course. The prerequisites are
				  as follows:
A. Minimum age: 21
				years.
B. Field experience
1. In service with an organized Camp Group:
a. the candidate has had three years
				experience as a Trip Counselor.
b.
				each trip shall be at least two nights in duration.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 143 - JUNIOR MAINE GUIDES AND TRIP LEADERS CURRICULUM ADVISORY BOARD › Chapter 23 - RULES AND REGULATIONS PERTAINING TO THE APPLICATION FOR, AND ISSUING OF, CAMP TRIP LEADERS PERMITS AND COURSE INSTRUCTOR CERTIFICATION › Section 143-23-1.06 - Special Application Procedure Form

Current through 2024-29, July 17, 2024
An application form for waiver of the Camp Trip Leader Safety
				  Course is to be filled out by each applicant, and applicants Camp Director. The
				  following information is required; documentation to accompany application of
				  all certificates required in prerequisites.
A. Name and legal residence of
				applicant.
B. Date of birth of
				applicant.
C. Name and address of
				applicants sponsoring Camp.
D.
				Signature of Camp Director attesting his belief the applicant is
				qualified.
E. Signature of
				applicant attesting all information to be true and correct.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 143 - JUNIOR MAINE GUIDES AND TRIP LEADERS CURRICULUM ADVISORY BOARD › Chapter 23 - RULES AND REGULATIONS PERTAINING TO THE APPLICATION FOR, AND ISSUING OF, CAMP TRIP LEADERS PERMITS AND COURSE INSTRUCTOR CERTIFICATION › Section 143-23-1.07 - Failure of Camp Trip Leader Written Examination

Current through 2024-29, July 17, 2024
A. Course candidates that fail the written
				exam administered by the Course Instructor may enroll in another CTL Safety
				course in the same season.
B.
				Course candidates that fail the written exam may apply under the Special
				Application Procedure if they meet all required prerequisites stated.
C. Special Application Procedure applicants
				that fail written exam administered by this Department may not re-apply for
				re-examination using the Special Application Procedure in the same
				season.
D. Special Application
				Procedure applicants that fail the written exam may enroll in a Camp Trip
				Leader Safety Course for re-examination in the same season.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 143 - JUNIOR MAINE GUIDES AND TRIP LEADERS CURRICULUM ADVISORY BOARD › Chapter 23 - RULES AND REGULATIONS PERTAINING TO THE APPLICATION FOR, AND ISSUING OF, CAMP TRIP LEADERS PERMITS AND COURSE INSTRUCTOR CERTIFICATION › Section 143-23-1.08 - Renewal of Camp Trip Leader Permit

Current through 2024-29, July 17, 2024
A. Renewal of
				CTL permit shall be given with proper form and fee completed and sent to this
				Department EXCEPT:
1. permits which have
				lapsed two (2) consecutive years will not be renewable without the individual
				being re-administered the written exam using the Special Application
				Procedure.
2. Permits which have
				lapsed three(3) consecutive years will not be renewable without the individual
				enrolling in a Camp Trip Leader Safety course and successfully completing the
				written exam administered by the Course Instructor.
3. Permits which have been revoked by any law
				enforcement agency pursuant to 12 MRSA §7303.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 143 - JUNIOR MAINE GUIDES AND TRIP LEADERS CURRICULUM ADVISORY BOARD › Chapter 23 - RULES AND REGULATIONS PERTAINING TO THE APPLICATION FOR, AND ISSUING OF, CAMP TRIP LEADERS PERMITS AND COURSE INSTRUCTOR CERTIFICATION › Section 143-23-1.09 - Camp Trip Leader Safety Curriculum Instructor Prerequisites

Current through 2024-29, July 17, 2024
There shall be certain prerequisites for all persons applying
				  for certification as a CTL Safety Instructor. They shall be as follows:
A. Minimum age: 21 years.
B. Field experience.
1. Current holder of Camp Trip Leader
				permit.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 143 - JUNIOR MAINE GUIDES AND TRIP LEADERS CURRICULUM ADVISORY BOARD › Chapter 23 - RULES AND REGULATIONS PERTAINING TO THE APPLICATION FOR, AND ISSUING OF, CAMP TRIP LEADERS PERMITS AND COURSE INSTRUCTOR CERTIFICATION › Section 143-23-1.10 - Course Instructor Application Form

Current through 2024-29, July 17, 2024
An application form is to be filled out by each candidate
				  wishing certification as a CTL Safety Instructor; documentation of
				  prerequisites to accompany application. The following information is
				  requested:
A. Name and legal address
				of applicant.
B. Date of birth of
				applicant.
C. Current CTL permit
				number.
D. Explanation of
				experience in Instruction/Teaching.
E. Course curriculum to be used.
F. Signature of applicant attesting all
				information to be true and correct.
FEE SCHEDULE:
Initial application
Renewal
							 application
1985
$12.00
$7.00
1986
$13.00
$8.00
1987
$14.00
$9.00
These prices should remain the same unless legislative action
				  is taken.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 1 - ADMINISTRATIVE HEARINGS REGULATIONS › Section 144-1-I - PURPOSE AND SCOPE

Current through 2024-29, July 17, 2024
The purpose of these regulations is to set forth procedures
				  for the conduct of adjudicatory hearings by the Division of Administrative
				  Hearings Maine Department of Health and Human Services. These include
				  proceedings whereby dissatisfied applicants, recipients, institutions, or other
				  persons whose legal rights, duties, or privileges are at issue can obtain
				  review of certain actions or inactions of the Maine Department of Health and
				  Human Services where such legal rights, duties or privileges are required by
				  constitutional law or statute to be determined after an opportunity for
				  hearing. Also covered under these regulations are those hearings which are
				  conducted by the Maine Department of Health and Human Services for other State
				  agencies.
Where adjudicatory hearings are required to resolve disputes,
				  it is the Department's objective that the adjudicatory hearing process provide
				  a meaningful opportunity for parties to present grievances, be heard without
				  undue delay, and the Department to respond to parties in a timely, impartial
				  manner. In its conduct of adjudicatory hearings, it is the Department's
				  intention to ensure that fundamental fairness is accorded to all parties in a
				  manner consistent with carrying out the requirements of the law.
The procedures set out in these regulations supersede and
				  replace any inconsistent or conflicting regulations governing hearings, except
				  where such other regulations may in a particular program be required by state
				  or federal statute or by governing federal regulations.
Nothing contained in these regulations shall be construed as
				  expanding the jurisdiction of the Department or its Hearing Officers beyond
				  that allowed for by law. Nothing in these regulations shall be construed as
				  establishing a right to be heard on issues which have been previously litigated
				  between the same parties or for which a party has legally forfeited its
				  opportunity to litigate.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 1 - ADMINISTRATIVE HEARINGS REGULATIONS › Section 144-1-II - AUTHORITY

Current through 2024-29, July 17, 2024
The authority for these regulations is set forth in 5 M.R.S.
				  §§
									8051-10004,
				  22 M.R.S. §
									42, and
				  22-A M.R.S. §
									207.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 1 - ADMINISTRATIVE HEARINGS REGULATIONS › Section 144-1-III - AVAILABILITY OF HEARINGS

Current through 2024-29, July 17, 2024
The Department will provide an opportunity for hearing in
				  every case in which such hearing is required to be provided under federal or
				  state constitutional, statutory or regulatory provision.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 1 - ADMINISTRATIVE HEARINGS REGULATIONS › Section 144-1-IX - MISCELLANEOUS

Current through 2024-29, July 17, 2024
A.
Confidentiality
These regulations shall be interpreted and implemented in a
				  manner which insures that confidential information is not disclosed to
				  unauthorized persons.
B.
Computation of Time
In computing any period of time provided for by these
				  regulations, the following shall apply:
1. The date of the act or non-act which
				begins the period of time shall not be counted.
2. The last day of the period shall be
				counted unless it is a Saturday, Sunday, or legal holiday, in which case the
				period of time shall run until the next day which is not a Saturday, Sunday, or
				legal holiday.
3. If the period of
				time provided for is less than seven days, Saturdays, Sundays, or legal
				holidays, shall not be counted.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 1 - ADMINISTRATIVE HEARINGS REGULATIONS › Section 144-1-V - THE HEARING OFFICER

Current through 2024-29, July 17, 2024
A.
Qualifications
The Department will appoint to preside at any hearing only
				  an individual:
1. who is fair and
				unbiased, and who has no personal or financial interest, direct or indirect, in
				the hearing or its outcome, and
2.
				who has not been involved directly or indirectly in the action or failure to
				act which is the subject matter of the hearing.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 1 - ADMINISTRATIVE HEARINGS REGULATIONS › Section 144-1-VII - EVIDENCE

Current through 2024-29, July 17, 2024
Evidence, General Rules
1.
Admissibility.
Generally,
				evidence shall be admitted if it is the kind of evidence upon which reasonable
				persons are accustomed to rely in the conduct of serious affairs.
2.
Irrelevant or Repetitious
				Evidence.
Evidence which is irrelevant or unduly repetitious may be
				excluded.
3.
No Formal Rules
				of Evidence.
Formal rules of evidence shall not be observed.
4.
Admission of Evidence.
Evidence which may reasonably be construed as relevant, and which is not
				otherwise unduly repetitious shall be admitted. The fact that evidence is
				admitted, however, shall not limit the authority of the Hearing Officer in
				determining the appropriate weight to be given such evidence.
5.
Exclusion of Evidence.
If the
				Hearing Officer decides to exclude evidence, the proponent shall have the
				opportunity to make an offer of proof to preserve the record regarding the
				excluded evidence. The reasons for the exclusion shall be documented in the
				record, and the excluded evidence will be retained.
6.
Hearsay.
Hearsay evidence
				shall not be excluded because of its hearsay nature. Rather, it shall be
				admitted or excluded based upon the standards and requirements of Section
				VII.
7.
Rules of Privilege.
Rules of
				privilege shall be observed. Privileges recognized shall be those outlined in
				the Maine Rules of Evidence, Article V and as stated in Maine or federal
				law.
8.
Sworn Written
				Evidence
a. As used in this section
				the following words shall have the following meaning:
(i) Affidavit means sworn written
				evidence;
(ii) Affiant means the
				person swearing to such written evidence, the term "author" is synonymous with
				"affiant";
(iii) Offering party
				means the party attempting to introduce into evidence an affidavit;
(iv) Opposing party means the party against
				whom an affidavit is offered.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 2 - COMMUNITY SERVICES BLOCK GRANT PROGRAM › Section 144-2-1.1 - PoIicy

Current through 2024-29, July 17, 2024
The purpose of the original rules for the Community Services
				  Block Grant Program was to implement on a State and local level Title VI of the
				  Omnibus Budget Reconciliation Act of 1981,
				  42 U.S.C. Section
				  9901
et seq
. That Act
				  establishes a five-year Community services Block Grant Program through which
				  federal grants will be made to states in order to provide a range of services
				  and activities having a measurable and potentially major impact on causes of
				  poverty in the community.
These rules were amended to improve upon the Community
				  Services Block Grant Program and to implement the Maine Community Services Act
				  ,
				  5 M.R.S.A.
				  Section3511
et seq
. and the
				  Human Services Reauthorization Act ( P.L. 98-558 ). These rules are applicable
				  to all agencies which have been designated or have applied for designation as
				  eligible to receive Community Services Block Grant funds.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 2 - COMMUNITY SERVICES BLOCK GRANT PROGRAM › Section 144-2-1.2 - Definitions

Current through 2024-29, July 17, 2024
As used in these rules, the following terms shall have the
				  following meanings, unless the context otherwise indicates:
A.
Agency-wide audit
.
				"Agency-wide audit" means a financial audit of all agency funds, restricted and
				unrestricted, by an independent qualified outside auditor which leads to
				submission of agency financial statements as of the end of the CAA's fiscal
				year. Such agency financial statements at a minimum shall include:
1. Auditor's report (opinion).
2. Statement of support, Revenue and Expenses
				and Changes in Fund Balances, showing unrestricted and restricted
				funds.
3. Comparative consolidated
				Agency Balance Sheet showing unrestricted and restricted funds.
4. Appropriate notes to financial
				statements.
5. A schedule of grant
				Revenues, Expenses and Changes in Grant Balances.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 2 - COMMUNITY SERVICES BLOCK GRANT PROGRAM › Section 144-2-1.3 - Designation

Current through 2024-29, July 17, 2024
A. No community action agency may receive,
				obligate, or expend Community Services Block Grant funds under a sub-grant with
				the Division unless it maintains a designation under these rules.
B. The Division shall designate an agency as
				eligible to receive Community Services Block Grant funds for its service area
				and to carry out the purposes of a Community Services Block-Grant program as
				defined in the Maine Community Service Act and these rules. The following
				criteria shall be considered:
1. A board of
				directors established in accordance with Section 1.4.
2. Evidence of adequate fiscal control and
				fund accounting procedures in order to assure the proper disbursal of and
				accounting for CSBG funds.
3.
				Evidence of adequate program planning for a comprehensive program in accordance
				with Section 1.5(C)(1).
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 2 - COMMUNITY SERVICES BLOCK GRANT PROGRAM › Section 144-2-1.4 - Community Action Agency Board of Directors

Current through 2024-29, July 17, 2024
A.
Composition of the Board
. The
				board shall consist of at least fifteen and not more than thirty members.
1. Elected public officials or their
				permanent representatives or officials of public agencies operating in the
				service area shall comprise one-third of the board.
2. Representatives of low-income persons
				shall comprise one-third of the board.
3. Representatives of business, industry,
				labor, religious, welfare, civic, education, or other major groups and
				interests in the community shall comprise one-third of the board.
4. No person shall serve on the board of
				directors where a conflict of interest exists, as defined in Section 1.2(C)(1)
				and (3).
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 2 - COMMUNITY SERVICES BLOCK GRANT PROGRAM › Section 144-2-1.5 - Annual Requirements

Current through 2024-29, July 17, 2024
A. Community action
				agencies shall submit the following items upon designation and thereafter
				submit to the Division any changes or amendments to those items:
1. Articles of Incorporation;
2. Proof of IRS Section 501(c)(3)
				status;
3. A statement of the
				appeals procedure available to denied applicants for services operated in
				conjunction with CSBG funds;
4.
				Biographical summaries of the community action agency executive director and
				fiscal officer.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 2 - COMMUNITY SERVICES BLOCK GRANT PROGRAM › Section 144-2-1.6 - CSBG Evaluation

Current through 2024-29, July 17, 2024
A. An evaluation of
				each community action agency shall be performed by the Division, or its
				subcontractor designee every three years.
B. This evaluation shall evaluate, make
				recommendations, and identify required remedial actions in any or all of the
				following areas:
1. The extent of compliance
				with the provisions of these rules, the Division's CSBG sub-grant agreement,
				State statutes and pertinent U.S. Department of Health and Human Services grant
				and regulatory requirements.
2. The
				extent of effective management and coordination of all agency programs, whether
				or not funded by the Division, which may include but are not limited to Home
				Energy Assistance, Weatherization, Transportation, Energy Crisis Intervention,
				Head Start, WIC, Family Planning, Housing, Day Care, Commodity Food, and
				Alcoholism programs.
3. The extent
				of unresolved questioned costs identified in the most recent final audit of
				each agency program.
4. The extent
				of accurate reporting of fiscal disbursements and proper accounting for
				expenditures, as required by Section 1.5(C) of these rules.
5. The extent of participation of low-income
				residents in agency decision making.
6. The extent of the organization and
				functioning of the board of directors.
7. The extent to which financial, material
				and human resources are mobilized.
8. The extent to which the agency develops
				and maintains effective community support and community relations.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 2 - COMMUNITY SERVICES BLOCK GRANT PROGRAM › Section 144-2-1.7 - Monitoring and Technical Assistance

Current through 2024-29, July 17, 2024
A.
Monitoring
. The Division will assign fiscal and program monitors
				to ensure compliance with federal regulations, with these rules and with each
				sub-grant.
1. Monitors will be responsible
				for making periodic on-site visits to each community action agency.
2. Monitoring visits will include a review of
				compliance, CSBG administration and contract performance.
3. Monitors will be required to submit
				on-site reports to the Director of the Division with a copy to the executive
				director of the community action agency, within thirty calendar days of the
				visit.
4. Program monitors will be
				responsible for attending community action agency board of directors meetings
				on a quarterly basis.
5. Fiscal
				monitors will determine the accuracy of record keeping and make a thorough
				examination of the agency's CSBG budget for conformity to program rules and
				agency work plans.
6. Monitors will
				provide training and technical assistance. This T&TA will be the result of
				either Division or the CAA's recognized needs and will be separate from
				compliance monitoring.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 2 - COMMUNITY SERVICES BLOCK GRANT PROGRAM › Section 144-2-1.8 - Financial Policies and Procedures

Current through 2024-29, July 17, 2024
A.
Procurement
. When purchasing materials, equipment, property or
				services with CSBG funds, the community action agency shall follow the
				requirements of Attachment A, "Procurement" , which is hereby incorporated by
				reference.
B.
Property
				Management Requirements
1. Federal
				Requirements. The CAA shall be bound by, and the Division shall use in its
				review, general federal property management requirements set out in Attachment
				N to OMB Circular A-110. Reference to the "Federal sponsoring agency" shall be
				interpreted to read "Division of Community Services".
2. Inventory. Each CAA shall maintain and
				update an accurate listing of all property, tools and equipment retained in its
				inventory which have a unit cost of more than $300 and are purchased in whole
				or in part with CSBG funds.
3.
				Property Purchase. Each CAA shall secure prior approval from the Division for
				the purchase of any vehicle, equipment, single inventory item or tool with an
				acquisition cost of $10,000 or more, at least a portion of which is CSBG
				funded.
4. Property Disposition
a. The CAA shall request and receive approval
				for disposition of any equipment, single inventory item or tool with a unit
				acquisition cost of $1000 or more purchased in whole or in part with CSBG funds
				or any vehicle regardless of acquisition cost purchased in whole or in part
				with CSBG funds. All requests shall be submitted to the Division. The Division
				reserves the right to require reprogramming the entire resale amount.
b. Prior to the sale of any vehicle approved
				for disposition purchased in whole or in part with CSBG funds, the CAA shall:
(i) Prepare a bid announcement which
				identifies each vehicle, describes its condition and states that the high bid
				on each vehicle will be accepted;
(ii) Place an advertisement in a local
				newspaper for three days announcing a public sale with sealed bids to be
				submitted no later than a specified date and hour with the bid announcement to
				be mailed in advance upon request.
(iii) Prepare a notice of bid award to be
				mailed to all bidders;
(iv) Prepare
				title transfer documents;
(v)
				Reprogram the proceeds from the vehicle sale into the current CSBG
				budget;
(vi) Retain documentation
				for all bid solicitation, award and title transfer for no less than three years
				from the date of sale.
c. Public Sale of Other Materials, Equipment
				or Property. The CAA shall follow identical procedures as in 4(b) above in the
				case of the sale of any other property purchased in whole or in part with CSBG
				funds, with the qualification that like equipment or materials may be sold and
				listed in the bid announcement in lots, with quantities identified.