reglab/statecodes huggingface dataset:
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 293 - BAXTER STATE PARK AUTHORITY › Chapter 1 - BAXTER STATE PARK RULES AND REGULATIONS › Section 293-1-1 - CAMPING, RESERVATIONS AND REGISTRATION

Current through 2024-29, July 17, 2024
1.1 The
				Authority and Director may establish
administrative policies and
				procedures
for the processing of reservations.
1.2
Camping is permitted by
				reservation
only and only in authorized campgrounds and campsites during
				certain dates and times, as specified by the Park. Campers must register at the
				gatehouse no later than 8:30 p.m. Camping by groups of more than 12 people is
				permitted only at designated group camping areas
1.3 All
persons entering the Park by
				road or trail
must register their entrance at the first opportunity at a
				staffed gatehouse or self-registration station. Long Distance Hikers entering
				the Park for the purpose of hiking all or part of the Appalachian Trail must
				secure an AT-Katahdin Hiker Permit Card and register with Baxter State Park
				prior to hiking the Hunt Trail to or from Baxter Peak. All other persons
				entering the Park on foot must register with Park Headquarters or a gatehouse
				in advance.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 293 - BAXTER STATE PARK AUTHORITY › Chapter 1 - BAXTER STATE PARK RULES AND REGULATIONS › Section 293-1-2 - HIKING AND DAY USE

Current through 2024-29, July 17, 2024
2.1
The
				maximum size of a hiking group shall be 12 persons.
Affiliated groups on
				the same trail separated by less than one mile shall be considered one
				group.
2.2 Hiking or
mountain
				climbing
may be restricted at the discretion of the Director. Park users
				must be reasonably prepared and equipped for the activity they are engaged in,
				and must take reasonable precautions against endangering themselves or others.
				Hikers must carry a working flashlight. No children under the age of six (6)
				years are allowed above timberline. Children under the age of six (6) years
				walking under their own power may be authorized to travel above timberline by
				special use permit, subject to conditions set by the Director. Registration of
				technical rock/ice climbers is required. The Baxter State Park Authority may
				request reimbursement of search and rescue costs in cases of reckless
				hikers.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 293 - BAXTER STATE PARK AUTHORITY › Chapter 1 - BAXTER STATE PARK RULES AND REGULATIONS › Section 293-1-3 - HUNTING, TRAPPING AND FISHING

Current through 2024-29, July 17, 2024
3.1
Hunting
				and trapping
are prohibited within the Park. Use or possession of any
				firearm, bow and arrow, sling shot, crossbow, air rifle or pistol is
				prohibited. Firearms may be transported through the Park if kept in a car
				trunk, enclosed in a case, or otherwise inaccessible to use. Bows may be
				transported through the Park if unstrung or enclosed in a case. This rule does
				not apply north of Trout Brook and Wadleigh Brook in T6 R9; in T6 R10; or in T2
				R9 and in T2 R10 north of the West Branch of the Penobscot River, east to the
				thread of Abol Stream and west to the thread of the West Branch of the
				Penobscot River. Hunting with dogs is prohibited. In the areas within the Park
				where hunting and trapping are permitted, the general laws of the State
				pertaining to hunting and trapping apply, except that moose hunting and baiting
				any animals for hunting purposes are prohibited.
3.2
Maine fishing laws
and the
				rules of the Maine Department of Inland Fisheries and Wildlife apply within the
				Park. Maine fishing licenses are required.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 293 - BAXTER STATE PARK AUTHORITY › Chapter 1 - BAXTER STATE PARK RULES AND REGULATIONS › Section 293-1-6 - ADMINISTRATION

Current through 2024-29, July 17, 2024
6.1 The Authority may from time to time
				establish
fees
for the use of the Park by the public.
6.2 All
groups of five (5) or more
				persons under 16 years of age
must be accompanied by at least one (1)
				person, of at least 18 years of age, responsible for the supervision of a
				maximum of five (5) youths.
6.3
During periods of forest fire danger or other emergency
				conditions
, the Authority or Director may close the Park or any portion
				thereof. No person may enter or remain in closed areas except as authorized by
				the Authority or Director.
6.4 The
sale or offering for sale
of any object or merchandise is
				prohibited within Baxter State Park.
6.5 General laws of the State pertaining to
alcohol and drugs
apply within the Park. Maine law prohibits the
				drinking of alcoholic beverages in public places.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 293 - BAXTER STATE PARK AUTHORITY › Chapter 1 - BAXTER STATE PARK RULES AND REGULATIONS › Section 293-1-7 - VIOLATIONS

Current through 2024-29, July 17, 2024
A person who violates any of the rules of the Baxter
				  State Park Authority
or a condition of a permit issued under those rules
				  commits a civil violation for which a fine of not more than $1,000 may be
				  adjudged. Persons violating other applicable laws within the Park may also be
				  punished in accordance with the provisions of those laws. In addition, persons
				  violating these rules may be required immediately to leave the Park, and the
				  Authority may revoke the privilege of any person who violates these rules to
				  enter the Park for a specified period.
Baxter State Park, 64 Balsam Drive, Millinocket, ME
				  04462 (207) 723-9616
baxterstatepark.org TTY: (207) 723-4419
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 293 - BAXTER STATE PARK AUTHORITY › Chapter 2 - RULES FOR THE PURCHASE OF SERVICES AND AWARDS › Section 293-2-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
A.
REQUEST FOR PROPOSAL
: Means a
				document listing the scope of work, requirements of the Park, and all
				evaluation criteria for a service needed by the Park. This document is also
				known by the initials "RFP."
B.
CONTRACT
: Means the agreement between a vendor and the Park,
				describing the service to be performed, the terms and conditions agreed to by
				the parties, the cost of the service, and how payment will be made.
C.
GRANT
: Means an agreement
				between a group, organization or other recipient and the Park which describes
				terms and conditions and scope of performance or action which is expected of
				the recipient.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 293 - BAXTER STATE PARK AUTHORITY › Chapter 2 - RULES FOR THE PURCHASE OF SERVICES AND AWARDS › Section 293-2-2 - REQUEST FOR PROPOSAL PROCEDURE

Current through 2024-29, July 17, 2024
A. All contracts
				issued by or for the Park which do not qualify as sole source, emergency or
				waiver procurements must be competitively bid using the Request for Proposal.
i. The request for proposal must contain at a
				minimum a clear definition (scope) of the project, the evaluation criteria and
				relative scoring weights to be applied, the proposal opening date and time, and
				agency contact person.
aa. Cost of the
				contract must be included in the evaluation criteria and must receive a minimum
				of 25% of the total weight of all criteria.
bb. All proposals shall be opened publicly at
				the Headquarters of the Park in Millinocket, Maine, or such other location as
				set forth in the RFP. Proposals received after the advertised opening time
				shall be rejected, unless the advertised opening date and time have been
				extended by the Director of the Park due to circumstances requiring such an
				extension of time.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 293 - BAXTER STATE PARK AUTHORITY › Chapter 2 - RULES FOR THE PURCHASE OF SERVICES AND AWARDS › Section 293-2-3 - AWARD

Current through 2024-29, July 17, 2024
A. The Park staff is responsible for
				reviewing all RFP's based on the criteria established within the original
				Request for Proposal document. The Park staff shall document the scoring, and
				substantive information that supports the scoring.
i.
Interviews/Presentations
:
				Interviews and/or presentations may be considered within the review for
				information and scoring, if that provision was included within the original RFP
				documentation.
ii.
Pricing/Negotiations
: Pricing changes, alterations or negotiations
				are not allowed prior to the award decision and must not be used in scoring.
				Minor negotiations after notice of award are allowed and if agreement cannot be
				reached, the proposal may be rejected and the award made to the next highest
				rated bidder who was in compliance with all terms, conditions and
				requirements.
iii.
Documentation
: Written records must be kept by each person
				reviewing or ranking proposals. These records must be made available upon
				request.
iv.
Award
:
				Award is made by the Director of the Park, and must be made to the highest
				rated proposal, which conforms to the requirements of the Park as contained in
				the RFP.
v.
Award Decision
				Notification
: The Park staff must notify all bidders responding to an
				RFP of the award decision in writing, postmarked or delivered a minimum of
				seven (7) calendar days prior to contract effective date, unless otherwise
				stated in the RFP.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 293 - BAXTER STATE PARK AUTHORITY › Chapter 2 - RULES FOR THE PURCHASE OF SERVICES AND AWARDS › Section 293-2-4 - WAIVER

Current through 2024-29, July 17, 2024
The competitive bidding may be waived by the Director of
				  Baxter State Park when:
A. The
				procurement of goods or services is $10,000 or less, and procurement from a
				single source is the most economical, effective and appropriate means of
				fulfilling a demonstrated need;
B.
				The Director is authorized by the Chairman of the Authority, or another member
				of the Authority if the Chairman is unavailable, to make purchases without
				competitive bidding because in the opinion of the Chairman or such other member
				an emergency exists that requires the immediate procurement of goods or
				services;
C. After reasonable
				investigation by the Director of the Park, it appears that any required unit or
				item of supply, or brand of that unit or item, is procurable by the Park from
				only one source;
D. The purchase is
				part of a cooperative project involving any agency of the state or federal
				governments, any institution of learning, or any non-profit entity;
E. The procurement of goods or services
				involves expenditures of $5,000 or less, in which case the Director of the
				Park, or his designee, may accept oral proposals or invitations to bid;
				or
F. The purchase is part of
				forestry, wildlife, or road construction or maintenance activities within the
				Park, including the Scientific Forestry Management Area, taking into
				consideration the unique trust responsibilities related thereto.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 335 - WELLS NATIONAL ESTUARINE RESEARCH RESERVE MANAGEMENT AUTHORITY › Chapter 1 - RULES FOR PUBLIC USE OF WELLS RESERVE › Section 335-1-1 - Regulations for Administration and Public Use of Wells Reserve

Current through 2024-29, July 17, 2024
(A) Reserve regulations are superseded by US
				Fish and Wildlife Service regulations on the property of the Rachel Carson
				National Wildlife Refuge and the submerged lands of the Bureau of Parks and
				Lands at the Maine Department of Agriculture, Conservation, and
				Forestry.
(B) Any use of the
				Reserve and its facilities may be suspended by the Wells Reserve's Executive
				Director without advance notice.
(C)
DEFINITIONS
(1) "Authorized Official" means any federal,
				state, or local official empowered to enforce provisions of these
				regulations.
(2) "Daylight Hours"
				means the hours between 7 a.m. and Sunset.
(3) "Group" means any assemblage of people
				larger than nine people.
(4)
				"Laudholm Property" describes approximately 400 acres of land and the buildings
				within the northern section of Wells National Estuarine Research Reserve and
				bounded by the Little and Merriland Rivers and Drakes Island Road. This area,
				containing the Wells Reserve visitor center, parking lot, and developed trails,
				comprises the primary contact point for Wells Reserve visitors. The Laudholm
				Property is part of a State of Maine-designated "Wildlife Sanctuary" (see
				§1- C-8 below).
(5) "Laudholm
				Trust" is a 501(c) (3) public charitable trust whose purpose is to support the
				programs, facilities, and land of the Wells National Estuarine Research
				Reserve.
(6) "Wells Reserve" means
				the Wells National Estuarine Research Reserve.
(7) "Wells National Estuarine Research
				Reserve" means all buildings, lands, waters, and interests administered as part
				of the Wells Reserve. These areas include land owned by the Town of Wells, the
				State of Maine Department of Agriculture, Conservation, and Forestry/Bureau of
				Parks and Lands, the Authority, and the United States Fish and Wildlife Service
				included within the boundaries of the Reserve as agreed in various memoranda of
				understanding.
(8) "Wildlife
				Sanctuary" means specific lands designated by the State of Maine to protect
				animals and plants as outlined in Maine law
				12
				M.R.S. §§12701,
				12706,
				12707.
(9) "Public Access Points" includes the
				public parking lot on Skinner Mill Road, the Service Entrance on Laudholm Farm
				Road; and the trailheads on Skinner Mill Road, Laudholm Farm Road, and Drakes
				Island Road.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 335 - WELLS NATIONAL ESTUARINE RESEARCH RESERVE MANAGEMENT AUTHORITY › Chapter 1 - RULES FOR PUBLIC USE OF WELLS RESERVE › Section 335-1-2 - Policy for Reserve Educational Programs and Group Use of Trails and Education Facilities

Current through 2024-29, July 17, 2024
(A)
GROUPS
(1) All group requests
				for use of the Reserve's environmental educational facilities and trails shall
				be referred to the Education Program Staff.
(2) Any group found violating Reserve rules
				or trail etiquette may be required to leave and refused future use of Reserve
				environmental education facilities.
(3) Reservations are required for all group
				visits of 10 people or more; reservations may be made by calling the Education
				Program staff.
(4) Children 15 and
				under must always be accompanied by an adult; and there must be one adult for
				every 10 children.
(5) Staff guided
				tours of Reserve environmental education facilities and trails are available
				for pre-kindergarten children through senior citizen audiences year
				round.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 335 - WELLS NATIONAL ESTUARINE RESEARCH RESERVE MANAGEMENT AUTHORITY › Chapter 1 - RULES FOR PUBLIC USE OF WELLS RESERVE › Section 335-1-3 - Policy for the use of Wells Reserve Facilities by Non-Related Organizations for Non-Reserve Related Activities is established in recognition of the fact that they will build public support and raise funds for the Reserve

Current through 2024-29, July 17, 2024
(A)
DEFINITIONS
(1) "Non-Reserve Related Activities" include
				weddings, receptions, festivals, anniversary parties, company parties,
				meetings, retreats, events, etc.
(2) "Non-Related Organizations" means any
				group or individual, commercial or non-profit, that does not have as its
				primary mission and focus environmental science, education, and
				conservation.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 2 - PROCEDURAL RULE › Section 348-2-01 - DEFINITIONS

Current through 2024-29, July 17, 2024
All terms used in these regulations, unless the context
				  otherwise indicates, shall have the same definition as in the
Maine
				  Human Rights Act
, 5 M.R.S. §§
									4551
et seq
. (the
				  "Act" or "MHRA").
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 2 - PROCEDURAL RULE › Section 348-2-02 - COMPLAINTS

Current through 2024-29, July 17, 2024
A.
Who may file
(1) Any aggrieved person may file a complaint
				with the Maine Human Rights Commission (the "Commission").
(2) Any employee of the Commission may file a
				complaint with the Commission alleging an act or practice of unlawful
				discrimination.
(3) If the
				aggrieved person is a minor child at the time of filing, the named party in a
				complaint must be the child's parent or legal guardian, filing on behalf of the
				minor child, and the child's name will remain confidential until the child
				reaches the age of majority. If the aggrieved person reaches the age of
				majority while the complaint is pending at the Commission, the investigation
				will continue with the aggrieved person proceeding on their own behalf without
				requiring amendment of the complaint.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 2 - PROCEDURAL RULE › Section 348-2-03 - NOTIFICATION

Current through 2024-29, July 17, 2024
Within 21 days after a complaint has been pre-screened,
				  notarized, filed, and assigned a case number, the Respondent, will be notified
				  and provided with a copy of the complaint. The Complainant will be provided
				  with a copy of the notification. The notice will advise the parties of time
				  limits applicable to complaint processing under this chapter and of the
				  procedural rights and obligations of the parties under the MHRA and this
				  chapter; the complainant's right to commence a civil action in the Superior
				  Court; and that it is unlawful to discriminate against any person because the
				  person made a complaint or testified, assisted, or participated in an
				  investigation, proceeding, or hearing under the Act. If the complaint alleges
				  violation of the MHRA that relates to a disability, the medical/disability
				  information may be redacted from the complaint sent with notification to the
				  Respondent; once the Respondent provides a signed agreement to maintain
				  information it learns through the Commission process as confidential, the
				  Commission will upon request send an unredacted copy of the complaint to the
				  Respondent.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 2 - PROCEDURAL RULE › Section 348-2-04 - EARLY RESOLUTION SETTLEMENT

Current through 2024-29, July 17, 2024
A. Subsequent to
				notification and separate from the investigation of the allegations in the
				complaint, the Commission's Executive Director or their designee will provide
				an opportunity to the parties for discussion of settlement. This may but is not
				required to include an opportunity for the parties to participate in a
				third-party neutral mediation program established by the Commission. Such a
				third-party neutral mediation program may permit one or more parties to a
				complaint to agree to pay the costs of mediation. The Commission may approve
				the receipt of funds from any source for the purposes of implementing and
				administering a third-party neutral mediation program.
(1) Participation in the third-party neutral
				mediation program will not operate to toll any deadline associated with the
				investigation of the complaint.
(2)
				Complaints will not be referred to the third-party mediation program until all
				of the initial documents (complaint, response from respondent, complainant's
				reply to respondent's response) have been received by the Commission.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 2 - PROCEDURAL RULE › Section 348-2-07 - COMMISSION DECISION UNDER NON-EMERGENCY PROCEDURE

Current through 2024-29, July 17, 2024
After considering the Investigator's Report, the parties'
				  submissions, if any, and other relevant related information that was timely
				  provided, the Commission will make a determination of whether or not reasonable
				  grounds exist to believe that unlawful discrimination has occurred. The
				  Commission shall issue a statement of finding in support of its
				  determination.
A.
No reasonable
				grounds
. If the Commission finds no reasonable grounds to believe that
				unlawful discrimination has occurred, it will dismiss the complaint. The
				Commission will promptly notify the parties of the dismissal and provide them a
				copy of its statement of finding.
B.
(Not in use)
C.
Reasonable grounds
. If the
				Commission finds reasonable grounds to believe that unlawful discrimination has
				occurred, it will so notify the parties of its determination and provide them a
				copy of its statement of finding. The Commission's Executive Director or their
				designee will then endeavor to resolve the matter by informal means such as
				conference, conciliation, or persuasion.
D.
Tie votes.
If the Commission
				vote results in a tie vote, the recommendation(s) made in the Investigator's
				Report shall be adopted by the Commission as their finding(s).
E.
New investigation
. If,
				subsequent to a finding, the Commission determines that new or newly-discovered
				facts or factual errors exist, or material misrepresentations have been
				discovered that, if true, would likely change the finding of the Commission, it
				may order a new investigation of the matter. The following applies to requests
				for a new investigation:
(1) A request for a
				new investigation must be based on new or newly-discovered facts, factual
				errors, or material misrepresentations.
a.
				"New or newly-discovered facts or factual errors" are those that were not known
				and could not reasonably have been known to the party making the request during
				the course of the investigation. If the facts or factual errors were known to
				the party, or reasonably could have been known, and were not provided to the
				investigator, they cannot be used to justify a request for a new
				investigation.
b. "Material
				misrepresentations" are intentional misrepresentations of facts upon which the
				Investigator relied when deciding whether a party had established the elements
				of a claim or defense.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 2 - PROCEDURAL RULE › Section 348-2-08 - COMMISSION DECISION UNDER EMERGENCY PROCEDURE

Current through 2024-29, July 17, 2024
If the preliminary investigation of the complaint persuades
				  the Commission's Executive Director or other designated employee that a
				  situation comparable to those described in 5 M.R.S. §
									4612(4)(B) exists,
				  the Executive Director or other designated employee shall so notify the
				  Commission. As soon as practical after notification, the Commissioners will
				  consider the matter by means of a special meeting or other appropriate method.
				  The Executive Director or other designated employee will take all reasonable
				  steps to notify the parties of the special meeting or other appropriate method
				  and of their right to participate.
A.
				If the Commission finds no reasonable grounds to believe that unlawful
				discrimination has occurred, it will issue an order dismissing the complaint.
				The Commission shall issue a statement of finding in support of its
				determination.
B. If the Commission
				finds reasonable grounds to believe that unlawful discrimination has occurred,
				but does not believe that irreparable injury or great inconvenience will be
				caused to the victims of such discrimination if relief is not immediately
				granted; it will notify the parties of its determination, provide them with a
				copy of its statement of finding and process the complaint under its
				non-emergency procedure.
C. If the
				Commission finds reasonable grounds to believe that unlawful discrimination has
				occurred and further believes that irreparable injury or great inconvenience
				will be caused the victim or victims of such discrimination if relief is not
				immediately granted, it may request the Commission Counsel or theirdesignee to
				file a civil action in the Superior Court seeking appropriate relief. As soon
				thereafter as practicable, the Commission shall issue a statement of finding in
				support of its determination.
D.
Tie votes.
If the Commission vote results in a tie vote, the
				recommendation(s) made in the Investigator's Report shall be adopted by the
				Commission as their finding(s).
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 2 - PROCEDURAL RULE › Section 348-2-10 - PROCEDURE AFTER FAILURE OF CONCILIATION

Current through 2024-29, July 17, 2024
A. If the
				Commission's Executive Director or their designee determines that conciliation
				efforts have failed, they shall so notify the complainant and
				respondent.
B. When
				post-determination conciliation efforts have failed, the Commission Counsel or
				their designee is authorized to file a civil action in the Superior Court
				seeking appropriate relief, including, but not limited to, temporary
				restraining orders and preliminary injunctions.
C. When the Commission's Counsel or their
				designee is unable to file expeditiously such a civil action, the Commission
				shall so notify the complainant of their right to file a civil action pursuant
				to 5 M.R.S. §
									4621, and make available a referral
				list of attorneys who have indicated an interest in undertaking such
				litigation. The Commission shall furnish the complainant, the respondent, or
				their cooperating attorneys, upon request, with access to the investigatory
				case file. Referral under this subsection does not terminate the Commission's
				jurisdiction of the proceeding.
D.
				In complaints investigated pursuant to a Memorandum of Understanding between
				the Commission and the United States Department of Housing and Urban
				Development that result in a reasonable grounds determination, Commission
				Counsel shall file a civil action for the use of complainant if conciliation
				efforts are unsuccessful.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 2 - PROCEDURAL RULE › Section 348-2-11 - TIME LIMITS

Current through 2024-29, July 17, 2024
A. When these
				regulations establish any time limit for the filing, submission, or production
				of any document, record, file or other possible source of evidence, or for the
				filing of any request with the Commission, such item must be received in the
				office of the Commission before the close of business on the last day of the
				time limit.
B. In computing any
				period of time prescribed or allowed by these regulations, the day of the act,
				event or default from or after which the designated period of time begins to
				run shall not be included. The last day of the period shall be included, unless
				it is a Saturday, Sunday or legal state or federal holiday, in which event the
				period shall run until the end of the next day that is not a Saturday, Sunday
				or legal state or federal holiday.
C. The Commission's Executive Director or
				their designee, or the Commission, may extend any time limit provided in this
				chapter for good cause shown, and shall notify the parties of any such
				extension.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 2 - PROCEDURAL RULE › Section 348-2-12 - ADVISORY RULINGS

Current through 2024-29, July 17, 2024
A. Upon written
				request of any interested person, the Commission Counsel or their designee may
				make an advisory ruling with respect to the applicability of the Maine Human
				Rights Act or the rules promulgated by the Commission to that person or an
				actual state of facts. Interested persons shall not be provided with legal
				advice, and should not request legal advice from Commission Counsel in the
				guise of a request for an advisory ruling.
B. Advisory rulings made pursuant to this
				section shall not be binding upon the Commission, provided that, in any
				subsequent civil action initiated by the Commission, any person's justifiable
				reliance upon the ruling shall be considered in mitigation of any civil penal
				damages or punitive damages sought by the Commission.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 3 - EMPLOYMENT REGULATIONS of the MAINE HUMAN RIGHTS COMMISSION › Section 348-3-1 - PURPOSE, EFFECT, AND CONSTRUCTION

Current through 2024-29, July 17, 2024
1.
Purpose
Pursuant to 5 M.R.S. §
										4566(7), the Maine
				  Human Rights Commission has adopted the following regulations to implement
				  Subchapter 3 of the
Maine Human Rights Act
, 5 M.R.S.
				  §§
										4551-4634 ("the Act" or "MHRA"),
				  which prohibits employment discrimination because of protected class
				  status.
2.
Effect
These regulations shall be accorded the full force and effect
				  of interpretative administrative regulations.
3.
Construction
A. Consistent with the public policy
				underlying the Act (as expressed in §
										4552), and with firmly established
				principles for the interpretation of such humanitarian legislation, the
				remedial provisions of the Act shall be given broad construction and its
				exceptions shall be construed narrowly.
B. The provisions of these regulations are
				severable. If any provision or the application of any provision of these
				regulations to any person or circumstances is invalid, such invalidity shall
				not affect other provisions or applications which can be given effect without
				the invalid provision or application.
C. References to "employer" or "employers" in
				this chapter state principles that are applicable not only to employers but
				also to labor organizations and to employment agencies insofar as their action
				or inaction may adversely affect employment opportunities.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 3 - EMPLOYMENT REGULATIONS of the MAINE HUMAN RIGHTS COMMISSION › Section 348-3-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Commission
means the
				Maine Human Rights Commission established by the Act.
2.
Covered entity
means an
				employer, employment agency, labor organization or joint labor-management
				committee.
3.
Direct
				threat
means a significant risk of substantial harm to the health or
				safety of the individual or others that cannot be eliminated or reduced by
				reasonable accommodation. The determination that an individual poses a "direct
				threat" shall be based on an individualized assessment of the individual's
				present ability to safely perform the essential functions of the job. This
				assessment shall be based on a reasonable medical judgment that relies on the
				most current medical knowledge and/or on the best available objective evidence.
				In determining whether an individual would pose a direct threat, the factors to
				be considered include:
A. The duration of the
				risk;
B. The nature and severity of
				the potential harm;
C. The
				likelihood that the potential harm will occur; and
D. The imminence of the potential
				harm.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 3 - EMPLOYMENT REGULATIONS of the MAINE HUMAN RIGHTS COMMISSION › Section 348-3-3 - UNLAWFUL EMPLOYMENT DISCRIMINATION

Current through 2024-29, July 17, 2024
1. It is
				unlawful employment discrimination, except when based on a bona fide
				occupational qualification or as otherwise permitted by this chapter:
A. For any employer to:
(1) Fail or refuse to hire or otherwise
				discriminate against any applicant for employment because of protected
				class;
(2) Because of protected
				class, discharge an employee or discriminate with respect to hire, tenure,
				promotion, transfer, compensation, terms, conditions or privileges of
				employment or any other matter directly or indirectly related to employment;
				or
(3) In recruiting individuals
				for employment or in hiring them, to utilize any employment agency that the
				employer knows or has reasonable cause to know discriminates against
				individuals because of their protected class.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 3 - EMPLOYMENT REGULATIONS of the MAINE HUMAN RIGHTS COMMISSION › Section 348-3-6 - PRE-EMPLOYMENT TESTS

Current through 2024-29, July 17, 2024
1. After an
				applicant for employment, candidate for membership in a labor organization, or
				employee has established that a test, used by an employer, employment agency,
				labor organization, licensing certification board, or apprenticeship committee
				for the purpose of making an employment decision, disproportionately excludes
				members of a protected class, the burden is on the person or organization
				requiring the test to show that the test standard is manifestly related to the
				job. In other words, it must be shown that performance on the test is
				predictive of how well the examinee will perform the job and that the test is
				justified by business necessity.
2.
				This section applies to employers having any number of employees. When evidence
				of test validity is presented to the Commission by an entity that is subject to
				the federal Uniform Guidelines on Employee Selection, the Commission will
				consider the applicable standards set forth in the Uniform Guidelines and will
				look favorably upon evidence presented which meets those standards.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 3 - EMPLOYMENT REGULATIONS of the MAINE HUMAN RIGHTS COMMISSION › Section 348-3-7 - SEPARATE LINES OF PROGRESSION AND SENIORITY SYSTEMS

Current through 2024-29, July 17, 2024
1.
				It is unlawful employment discrimination for any employer, employment agency or
				labor organization to classify any job according to protected class or to
				maintain separate lines of progression or separate seniority lists based on
				protected class where this would adversely affect any employee unless justified
				by a bona fide occupational qualification for that job.
2. A seniority system or line of progression
				which distinguishes between "light" and "heavy" jobs constitutes unlawful
				employment discrimination if it operates as a form of classification by
				protected class, or creates unreasonable obstacles to the advancement by
				members of a protected class into jobs that those members are capable of
				performing.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 3 - EMPLOYMENT REGULATIONS of the MAINE HUMAN RIGHTS COMMISSION › Section 348-3-8 - FRINGE BENEFITS

Current through 2024-29, July 17, 2024
1. "Fringe
				benefits" as used herein includes medical, hospital, accident, disability, life
				insurance and retirement benefits; profit-sharing and bonus plans; leave;
				"overtime/compensatory time" benefits; and other terms, conditions; and
				privileges of employment.
2. It is
				unlawful employment discrimination for an employer, employment agency, or labor
				organization to discriminate because of protected class with regard to fringe
				benefits.
3.
Discrimination
				because of sex and sexual orientation or gender identity with regard to fringe
				benefits
A. Where an employer
				conditions benefits available to employees and their spouses and families on
				whether the employee is the "head of the household" or "principal wage earner"
				in the family unit, due to the fact that such conditioning discriminatorily
				affects the rights of female, transgender, and gender-diverse employees, and
				that "head of household" or "principal wage earner" status bears no
				relationship to job performance, benefits which are so conditioned will be
				found to be prima facie evidence of unlawful employment discrimination on the
				basis of sex and/or sexual orientation or gender identity.
B. It shall be unlawful employment
				discrimination for an employer to make available benefits for the spouses and
				families of male employees where the same benefits are not made available for
				the spouses and families of female, transgender, and gender-diverse employees
				or to make available benefits for the spouses of male employees which are not
				made available for female, transgender, or gender-diverse employees; or to make
				available benefits to the spouses of female, transgender, and gender-diverse
				employees which are not made available for male employees. An example of such
				an unlawful employment practice is a situation in which spouses of male
				employees receive childbirth-related benefits while female, transgender, and
				gender-diverse employees receive no such benefits.
C. It shall not be a defense under the Act to
				a charge of sex and/or sexual orientation or gender identity discrimination in
				benefits that the cost of such benefits is greater with respect to one sex than
				an other.
D. It shall be unlawful
				employment discrimination for an employer to have a pension or retirement plan
				which establishes different optional or compulsory retirement ages based on sex
				and/or sexual orientation or gender identity, or which differentiates in
				benefits on the basis of sex and/or sexual orientation or gender
				identity.
E. The Act does not
				require any employer to grant paid or unpaid child care leaves of absence. Any
				employer providing such leaves, however, must do so without regard to the sex
				and/or sexual orientation or gender identity of the person applying for such
				leave and may not discriminate on the basis of familial
				status.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 3 - EMPLOYMENT REGULATIONS of the MAINE HUMAN RIGHTS COMMISSION › Section 348-3-9 - EMPLOYMENT AGENCIES

Current through 2024-29, July 17, 2024
1. It is unlawful
				employment discrimination, except when based on a bona fide occupational
				qualification for any employment agency to fail or refuse to classify properly,
				refer for employment or otherwise discriminate against any individual because
				of protected class or comply with an employer's request for the referral of job
				applicants if a request indicates either directly or indirectly that the
				employer will not afford full and equal employment opportunities to individuals
				regardless of their protected class.
2. Employment agencies that deal exclusively
				with one protected class are engaged in unlawful employment discrimination,
				except to the extent that such agencies limit their services to furnishing
				employees for particular jobs for which that protected class is a bona fide
				occupational qualification or the agency is not exclusively an employment
				agency, but rather is a comprehensive social services agency serving members of
				a protected class and provides employment placement assistance as one of its
				services.
3. An employment agency
				that receives a job order containing an unlawful protected-class specification
				will share responsibility with the employer placing the job order if the agency
				fills the order knowing that the protected-class specification is not based
				upon a bona fide occupational qualification. However, an employment agency will
				not be deemed to be in violation of the law, regardless of the determination as
				to the employer, if the agency does not have reason to believe that the
				employer's claim of bona fide occupational qualification is without substance
				and the agency makes and maintains a written record available to the Commission
				of each such job order. Such record shall include the name of the employer, the
				description of the job and the basis for the employer's claim of bona fide
				occupational qualification.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 3 - EMPLOYMENT REGULATIONS of the MAINE HUMAN RIGHTS COMMISSION › Section 348-3-10 - HARASSMENT

Current through 2024-29, July 17, 2024
1. Harassment on the basis of protected class
				is a violation of Section
				4572 of the Act. Unwelcome advances
				because of protected class (e.g., sexual advances or requests for sexual
				favors), comments, jokes, acts and other verbal or physical conduct related to
				protected class (e.g., of a sexual, racial, or religious nature) or directed
				toward a person because of protected class constitute unlawful harassment when:
A. Submission to such conduct is made either
				explicitly or implicitly a term or condition of an individual's employment or
				union membership;
B. Submission to
				or rejection of such conduct by an individual is used as the basis for
				employment or union membership decisions affecting such individual;
				or
C. Such conduct has the purpose
				or effect of unreasonably interfering with an individual's work performance or
				creating an intimidating, hostile, or offensive working or union
				environment.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 3 - EMPLOYMENT REGULATIONS of the MAINE HUMAN RIGHTS COMMISSION › Section 348-3-12 - AGE DISCRIMINATION

Current through 2024-29, July 17, 2024
In addition to any other unlawful practice on the basis of
				  age prohibited by this chapter or the Act:
1.
Mandatory retirement age
				prohibited
A.
Definitions
.
				As used in this subsection, unless the context otherwise indicates, the
				following terms shall have the following meanings:
(1)
Employer
shall mean any
				individual or type of organization, including domestic and foreign corporations
				and partnerships, doing business in the State.
Employer
also
				includes the State or any local government, and any department, agency, special
				purpose district or other instrumentality of the State, two or more states or a
				local government.
(2)
Normal retirement age
means the specified age, the years of
				service requirement or any age and years of service combination at which a
				person may become eligible for retirement benefits. This subparagraph may not
				be construed to require the mandatory retirement of a person or to deny
				employment to any person based solely on that person's normal retirement
				age.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 3 - EMPLOYMENT REGULATIONS of the MAINE HUMAN RIGHTS COMMISSION › Section 348-3-13 - PHYSICAL OR MENTAL DISABILITY DISCRIMINATION

Current through 2024-29, July 17, 2024
In addition to any other unlawful practice on the basis of
				  physical or mental disability prohibited by this chapter or the Act:
1.
Discrimination prohibited
It is unlawful employment discrimination:
A.
In general
. For a covered
				entity to discriminate on the basis of physical or mental disability against a
				qualified individual in regard to:
(1)
				Recruitment, advertising, and job application procedures;
(2) Hiring, upgrading, promotion, award of
				tenure, demotion, transfer, layoff, termination, right of return from layoff,
				and rehiring;
(3) Rates of pay or
				any other form of compensation and changes in compensation;
(4) Job assignments, job classifications,
				organizational structures, position descriptions, lines of progression, and
				seniority lists;
(5) Leaves of
				absence, sick leave, or any other leave;
(6) Fringe benefits available by virtue of
				employment, whether or not administered by the covered entity;
(7) Selection and financial support for
				training, including: apprenticeships, professional meetings, conferences and
				other related activities, and selection for leaves of absence to pursue
				training;
(8) Activities sponsored
				by a covered entity, including social and recreational programs;
				and/or
(9) Any other term,
				condition, or privilege of employment.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 3 - EMPLOYMENT REGULATIONS of the MAINE HUMAN RIGHTS COMMISSION › Section 348-3-15 - ANCESTRAL OR NATIONAL ORIGIN DISCRIMINATION

Current through 2024-29, July 17, 2024
In addition to any other unlawful practice on the basis of
				  ancestry or national origin prohibited by this chapter or the Act:
1.
Definition of ancestral or national
				origin discrimination
Unlawful employment discrimination includes discrimination
				  because of ancestry or national origin. The Commission defines national origin
				  discrimination broadly as including, but not limited to, the denial of equal
				  employment opportunity because of an individual's, or their ancestor's, place
				  of origin; or because an individual has the physical, cultural or linguistic
				  characteristics of a national origin group. For example, denial of equal
				  employment opportunity based on such factors as (a) marriage to or association
				  with persons of a national origin group; (b) membership in, or association with
				  an organization identified with or seeking to promote the interests of national
				  origin groups; (c) attendance or participation in schools, churches, temples or
				  mosques, generally used by persons of a national origin group; and (d) because
				  an individual's name or spouse's name is associated with a national origin
				  group may form the basis of a claim for national origin discrimination.
2.
Citizenship
				requirements
In those circumstances where citizenship requirements have
				  the purpose or effect of discriminating against an individual on the basis of
				  national origin, they are unlawful employment discrimination prohibited by this
				  chapter and the Act.
3.
Selection procedures
A. In
				investigating an employer's selection procedures (including those identified
				below) for adverse impact on the basis of national origin, the Commission will
				apply the
Uniform Guidelines on Employee Selection Procedures
("UGESP"), 29 C.F.R. part 1607 . Employers and other users of selection
				procedures should refer to the UGESP for guidance on matters, such as adverse
				impact, validation and recordkeeping requirements for national origin
				groups.
B. The Commission has found
				that the use of the following selection procedures may be discriminatory on the
				basis of national origin. Therefore, it will carefully investigate charges
				involving these selection procedures for both disparate treatment and adverse
				impact on the basis of national origin.
(1)
				Fluency-in-English requirements, such as denying employment opportunities
				because of an individual's foreign accent, or inability to communicate well in
				English.
(2) Training or education
				requirements which deny employment opportunities to an individual because of
				their foreign training or education, or which require an individual to be
				foreign trained or educated.