Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 10 - RULES FOR THE AGRICULTURAL COMPLIANCE PROGRAM › Section 001-10-3 - COMPLAINT INVESTIGATION

Current through 2024-29, July 17, 2024
1.
Department Response to Complaints
Upon receipt of a complaint concerning a farm or farm
				  operation an agricultural compliance officer shall be responsible for
				  responding to the complaint, conducting an investigation into the complaint,
				  opening and maintaining a case file throughout the complaint resolution
				  process, making findings and recommendations concerning the complaint, and
				  preparing an investigation report. The case file shall remain open until the
				  matter has been resolved to the satisfaction of the Commissioner or has been
				  referred for enforcement. A communication received by the Department concerning
				  a farm or a farm operation will not be considered a complaint unless the
				  complainant is identified by name and home address.
2.
Contact with Person Responsible for
				the Farm Operation
As soon as practicable following the receipt by the
				  Department of a complaint concerning a farm or farm operation, the Department
				  shall make a good faith attempt to contact the responsible party, by telephone
				  or in person, in order to provide notification of the complaint. In the event
				  the department is unable to contact the responsible party by telephone or in
				  person, the department shall provide written notification to the responsible
				  party by certified mail to the last known address.
3.
Notification Requirements
Notification to theresponsible party shall include at a
				  minimum, the name of the complainant, the date the complaint was received, and
				  the nature of the complaint. The Department shall, to the extent possible,
				  provide information sufficient to allow the responsible party to identify and
				  address any agriculture related problem or problems that are the subject of the
				  complaint.
4.
Investigation
The Department shall conduct an investigation into all
				  complaints involving a farm or farm operation.
A.
Scope of Investigation
(1) The initial investigation shall include
				an on-site inspection of the farm operation or operations pertinent to the
				complaint and a review of any relevant documents or records.
(2) The agricultural compliance officer may
				conduct interviews with the responsible party, the complainant, neighboring
				landowners, or any other person who may have information pertaining to the
				investigation.
(3) The agricultural
				compliance officer may conduct any additional investigation that he/she
				believes to be warranted including, but not limited to, additional site
				inspections.
(4) The agricultural
				compliance officer shall make reasonable efforts to confer and work with the
				responsible party in order to obtain relevant information and to develop best
				management practices (BMPs) that, in the agricultural compliance officer's best
				professional judgment, are effective and efficient. In determining BMPs, the
				agricultural compliance officer shall take into consideration input from the
				responsible party to the greatest extent practicable.
(5) If during the investigation of a
				complaint, the agricultural compliance officer observes or otherwise becomes
				aware of any other agriculture related problem, the agricultural compliance
				officer shall have the authority to conduct an investigation into that
				agriculture related problem.