reglab/statecodes huggingface dataset:
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 18 - EXAMINATIONS BY IMPARTIAL PHYSICIAN(S) PURSUANT TO 39-A M.R.S.A. section 611 › Section 351-18-3 - Assignment of Impartial Physician

Current through 2024-29, July 17, 2024
1. Any party,
				including Administrative Law Judges, may request an examination by an impartial
				physician in a case involving occupational disease.
2. The request shall be submitted to the
				Deputy Director of Medical/Rehabilitation Services.
3. The Deputy Director of
				Medical/Rehabilitation Services shall verify that the claim involves
				occupational disease as defined by
				39-A M.R.S.A.
				§603 and determine the applicability
				under
				39-A M.R.S.A.
				§611.
4. If the Deputy Director of
				Medical/Rehabilitation Services determines that the claim does not conform to
				the definition of occupational disease according to
				39-A M.R.S.A.
				§603, the request shall be denied and
				the parties notified.
5. If the
				disease is deemed to conform to the definition in §603, the Deputy
				Director of Medical/Rehabilitation Services may consult with an expert in
				occupational diseases to determine an appropriate physician or physicians with
				the expertise to perform the examination depending on the particular
				occupational disease involved in the request.
6. The Deputy Director of
				Medical/Rehabilitation Services shall have the authority to schedule the
				appointment with an out-of-state physician whenever appropriate.
7. The parties shall submit any medical
				records or other pertinent information to the examiner a minimum of seven (7)
				days prior to a scheduled examination. The medical records shall be organized
				in chronological order, or chronologically by provider and accompanied by an
				index.
8. The appointed physician
				shall examine the employee, inspect the industrial conditions under which the
				employee has worked, and review submitted medical records to properly determine
				the nature, extent, and probable duration of the occupational disease. In the
				medical findings, the physician shall include the likelihood of the origin of
				the disease in the employee's work place and the date of incapacity.
9. Upon completion of the final examination,
				the examiner shall submit a written report to the employee, employer, and the
				Office of Medical/Rehabilitation Services no later than fourteen (14) days
				after completion of the examination.
10. The fee for the examination shall be
				submitted to the Deputy Director of the Office of Medical/Rehabilitation
				Services for review and determination of reasonableness. After review, the bill
				shall be forwarded to the employer and payment shall be made within 30 days of
				receipt.
11. The Deputy Director of
				Medical/Rehabilitation Services may order an autopsy be performed when a claim
				is made for death due to occupational disease, taking into consideration the
				sensitivities of the family, religious attitudes, and normal human feeling
				against exhumation of remains when making the decision.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 18 - EXAMINATIONS BY IMPARTIAL PHYSICIAN(S) PURSUANT TO 39-A M.R.S.A. section 611 › Section 351-18-4 - Expenses and Fees for Employees Attending a Board Appointed Examination

Current through 2024-29, July 17, 2024
1. Expenses incurred by the employee
				attending a Board appointed examination pursuant to Section 611 are to be paid
				for by the employer. The following rates of reimbursement shall apply for
				travel:
A. $.44 per mile for mileage
				reimbursements.
B. Actual costs or
				a maximum of $120.00 per evening for overnight lodging. Reimbursement for
				overnight lodging is allowed only when the employee has traveled 150 miles or
				more, one way, from the employee's place of residence.
C. $6.00 for breakfast, $6.00 for lunch, and
				$16.00 for dinner. Reimbursement for meals is allowed only when the employee
				has traveled 50 miles or more, one way, from the employee's place of
				residence.
D. Actual charges for
				tolls, accompanied by a receipt.
E.
				Employees may be advanced funds to cover the expenses of travel by making a
				request to the employer. The employer shall make every effort to honor such
				requests in a timely manner.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 429 - BOARD OF LICENSURE OF WATER SYSTEM OPERATORS (UNDER THE JURISDICTION THE DEPARTMENT OF HEALTH AND HUMAN SERVICES) › Chapter 1 - RULES RELATING TO THE LICENSURE OF WATER SYSTEM OPERATORS › Section 429-1-1 - ADMINISTRATION

Current through 2024-29, July 17, 2024
A.
RULE -
The Board, in
				accordance with
				22 M.R.S.
				§2628 and any other State laws, shall
				make such rules that are reasonably necessary to carry out the intent of the
				law.
B.
CONSTITUTIONALITY
				CLAUSE -
If any section, subsection, sentence, clause, phrase or portion
				of this rule is for any reason held to be invalid or unconstitutional by the
				decision of any court of competent jurisdiction, such decision shall not affect
				the validity of the remaining portions of this rule.
C.
APPLICABILITY
1. The Board shall license persons to serve
				as operators of public water systems. The types of public water systems which
				are required to retain licensed operators are identified in the Department of
				Health and Human Services
Rules Relating To Drinking Water
,
				10-144 C.M.R. Chapter 231. It shall be unlawful for any supplier of water so
				designated to operate a public water system, unless the operator is duly
				licensed by the Board.
2. Pursuant
				to
				22 M.R.S.
				§2623, it shall be unlawful for any
				person to perform the duties of an operator without being duly licensed as
				required under this rule.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 429 - BOARD OF LICENSURE OF WATER SYSTEM OPERATORS (UNDER THE JURISDICTION THE DEPARTMENT OF HEALTH AND HUMAN SERVICES) › Chapter 1 - RULES RELATING TO THE LICENSURE OF WATER SYSTEM OPERATORS › Section 429-1-3 - WATER SYSTEM CLASSIFICATION

Current through 2024-29, July 17, 2024
A.
CLASSIFICATION
1. Public water
				systems shall be classified according to two disciplines - Treatment and
				Distribution.
2. Public water
				systems shall be classified as set forth in this rule, based on system
				capacity, source, complexity of treatment, and other physical conditions
				affecting public water systems.
3.
				Systems shall retain an operator or operators duly licensed for Treatment
				System and Distribution System at the class level designated for the
				system.
4. The Board shall assign
				classification value points to treatment technologies not listed in the point
				rating schedule on a case-by-case basis.
5. If a treatment system or distribution
				system will be upgraded in class as a result of changes being made to the
				system, and the operator of that system does not hold the appropriate license
				for the upgraded class, the operator must upgrade the license by passing the
				appropriate level(s) of examination within 90 days of the system upgrade.
				Failure to pass the appropriate examination will make the operator ineligible
				to continue to operate the system. The system must then employ a licensed
				operator or enter into a contractual agreement with a licensed operator of
				proper classification.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 429 - BOARD OF LICENSURE OF WATER SYSTEM OPERATORS (UNDER THE JURISDICTION THE DEPARTMENT OF HEALTH AND HUMAN SERVICES) › Chapter 1 - RULES RELATING TO THE LICENSURE OF WATER SYSTEM OPERATORS › Section 429-1-4 - OPERAT OR LICENSE CLASSIFICATION AND STATUS

Current through 2024-29, July 17, 2024
A.
LICENSE CLASSIFICATION
1. There shall be five classifications and
				two disciplines of operators to parallel the classifications of public water
				systems.
2. The classifications and
				disciplines of operators are:
(a) Very Small
				Water System (VSWS) licensed operators shall be considered qualified to
				supervise and operate a Very Small Water System.
(b) Class I-IV licensed operators may hold
				licenses in either or both disciplines: Water treatment system and Water
				distribution system. (See Table 1 and Table 2 of this rule).
(c) The classification and discipline of
				licenses indicate the types of systems they may operate.
(d) Operators in responsible charge must hold
				a license of the proper classification and discipline for which they are
				responsible.
(e) Operators may be
				in responsible charge of systems in a lower classification than the operator's
				license.
3. The two types
				of each classification are:
(a) Full
				licensure: a person has met all education, examination and experience
				requirements and is considered qualified to be in responsible charge of a
				public water system equal to or less than the classification of the
				license.
(b) Operator-in-Training:
				a person has met the education and examination requirements, but does not meet
				the experience requirements for the license.
(i) An operator with an Operator-in-Training
				license is not authorized to be in responsible charge of a classified public
				water system.
(ii) Upon completion
				of the required experience, an Operator-in-Training may apply to the Board for
				the full licensure.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 429 - BOARD OF LICENSURE OF WATER SYSTEM OPERATORS (UNDER THE JURISDICTION THE DEPARTMENT OF HEALTH AND HUMAN SERVICES) › Chapter 1 - RULES RELATING TO THE LICENSURE OF WATER SYSTEM OPERATORS › Section 429-1-5 - LICENSING REQUIREMENTS

Current through 2024-29, July 17, 2024
A.
LICENSURE
				CRITERIA.
License applicants must meet education, examination and
				experience criteria for full licensure. Operator-in-Training status may be
				granted before work-related experience is achieved. The Board shall grant
				licenses to persons based upon education, examination, and relevant
				experience.
B.
LICENSURE
				AFTER REVOCATION.
An operator whose license has been revoked for
				disciplinary purposes will not be allowed to sit for an examination for three
				years from the effective date of revocation.
C.
EDUCATIONAL REQUIREMENTS
. All
				applicants must submit satisfactory evidence of graduation from high school or
				an equivalency certificate, except as otherwise provided in Section 5,
				subsection (E)(4) below.
D.
EXAMINATION REQUIREMENTS
1.
				Applicants must pass an examination for the class and discipline for which
				licensure is sought. The Board may choose to accept examinations in sequential
				or direct-entry format.
2. Exam
				results will be accepted to apply to license application for one year after the
				date of the examination.
3.
				Examinations will be reviewed by the Board to assure adequate subject matter
				content to cover the fundamentals of operation of a water system relating to
				the source, pumping, distribution, disinfection, water treatment, public
				health, administration and appropriate rules applicable to water
				systems.
4. The Board may enter
				into contracts with third parties for the development, scoring and proctoring
				of exams. Examination results will be reported to the examinee and the Board.
				All partners in these contracts must meet the requirements of the Board and
				other partners.
(a) The Board will assure the
				availability of examinations annually.
(b) The Board will provide notice of
				examination application procedures.
5. Applicants for licensure must submit proof
				of satisfactory completion of a Board- approved examination.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 429 - BOARD OF LICENSURE OF WATER SYSTEM OPERATORS (UNDER THE JURISDICTION THE DEPARTMENT OF HEALTH AND HUMAN SERVICES) › Chapter 1 - RULES RELATING TO THE LICENSURE OF WATER SYSTEM OPERATORS › Section 429-1-6 - LICENSING PROCEDURE

Current through 2024-29, July 17, 2024
A.
APPLICATION FOR INITIAL, UPGRADE AND OPERATOR-IN-TRAINING LICENSES
1. Application forms for licensure are
				available at the Board's website at
http://www.maine.gov/dhhs/mecdc/environmental-health/dwp/professionals/waterOperators.shtml
.
				Applications must be accompanied by materials supporting education and
				examination information (see Section
				5, subsections (C)-(E) above) and
				include payment of fee. Incomplete or illegible applications will be returned
				to the applicant.
2. Application
				must be made for initial licensure; to upgrade to a higher class of the same
				discipline; to add a discipline to an existing license or to upgrade from
				Operator-in-Training to full license status.
3. Applicant Review: Upon review of the
				applicant's education, examination and experience, the Board shall issue
				biennial licenses to individuals to perform the duties of operators. The
				license shall indicate the classification level of the systems or parts of
				systems for which the individual is qualified to act as an operator and if the
				licensee is an Operator-in-Training.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 429 - BOARD OF LICENSURE OF WATER SYSTEM OPERATORS (UNDER THE JURISDICTION THE DEPARTMENT OF HEALTH AND HUMAN SERVICES) › Chapter 1 - RULES RELATING TO THE LICENSURE OF WATER SYSTEM OPERATORS › Section 429-1-7 - ENFORCEMENT

Current through 2024-29, July 17, 2024
A.
VIOLATIONS
: The Board may
				take action, including issuing letters of reprimand, should an operator violate
				this rule. Violations providing a basis for enforcement action include, but are
				not limited to, the following:
1.
				Falsification of records and or credentials;
2. Selective sampling or sample
				tampering;
3. Dangerous acts or
				failure to report environmental damage;
4. False or misleading statements;
5. Failure to utilize proper process
				control;
6. Lack of
				maintenance;
7. Non-compliance with
				a federal, State or local statute or regulation relating to a public water
				system;
8. Commission of a crime,
				which may affect the public water system; or
9. Coercion, bribery, or extortion, which
				relates to the operation or management of the water system.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 429 - BOARD OF LICENSURE OF WATER SYSTEM OPERATORS (UNDER THE JURISDICTION THE DEPARTMENT OF HEALTH AND HUMAN SERVICES) › Chapter 1 - RULES RELATING TO THE LICENSURE OF WATER SYSTEM OPERATORS › Section 429-1-8 - ADMINISTRATIVE APPEALS

Current through 2024-29, July 17, 2024
A. The Board shall
				provide written notice to operators or applicants for licensure of a decision
				to suspend, revoke or deny a license. The notice shall be sent by regular mail
				and shall include notice of opportunity for appeal in accordance with this
				section.
B. An operator or
				applicant for licensure who is aggrieved by a decision of the Board may appeal
				by filing a written request. The request shall be filed with the chair of the
				Board within thirty days of the postmarked date of the written notice of
				decision from the Board. The request shall specify all issues being raised on
				appeal. Failure to raise any issue shall be deemed a waiver.
C. The Board shall notify the appellant of
				the time, place and date of the appeal hearing within thirty days of receipt of
				the written request for appeal.
D.
				All hearings and appeals shall be conducted in accordance with the
Maine Administrative Procedure Act
,5 M.R.S, Ch. 375,
				§§9051-9064.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 429 - BOARD OF LICENSURE OF WATER SYSTEM OPERATORS (UNDER THE JURISDICTION THE DEPARTMENT OF HEALTH AND HUMAN SERVICES) › Chapter 1 - RULES RELATING TO THE LICENSURE OF WATER SYSTEM OPERATORS › Appendix 429-1-A

Current through 2024-29, July 17, 2024
Treatment System Classification Point
						  Values
Item
Points
Size ( 2 point minimum to 10 point maximum)
Maximum population (1 point minimum to 5 points maximum)
1 point per 10,000
Design flow average (1 point minimum to 5 points
						  maximum)
1 point per MGD
Water Supply Sources
Groundwater
3
Groundwater under the influence of surface water
5
Surface Water
5
Chemical Treatment / Addition Processes
Fluoridation
5
Disinfection:
Chlorination
5
Chloramination
10
Chlorine dioxide
5
Ultraviolet light
5
Ozonation
10
pH adjustment (calcium carbonate, carbon dioxide,
						  hydrochloric acid, calcium oxide, calcium hydroxide, sodium hydroxide, sulfuric
						  acid, other)
5
Stability or corrosion control (calcium oxide, calcium
						  hydroxide, sodiumor potassium carbonate, sodium hexametaphosphate, other)
5
Coagulation & Flocculation Process
Chemical addition (aluminum sulfate, bauxite, ferrous
						  sulfate, ferric sulfate, calcium oxide, bentonite, calcium carbonate, carbon
						  dioxide, sodium silicate, other)
1 point per chemical coagulant added (5 points max.)
Rapid mix units:
Mechanical mixers
3
Injection mixers
2
In-line blender mixers
2
Flocculation tanks:
Hydraulic flocculators
2
Mechanical flocculators
3
Clarification / Sedimentation Process
Horizontal Flow (rectangular basins)
5
Horizontal Flow (round basins)
7
Solid-contact
15
Inclined-plate, tube
10
Dissolved air flotation
30
Filtration Process
Single media filtration
3
Dual or mixed media filtration
5
Microscreens
5
Diatomaceous earth filters
5
Cartridge filters
As pre-filter to another process
As microbiological removal
2
5
Slow sand filters
5
Item
Points
Direct filtration
5
Pressure or greens and filtration
5
Other Treatment Processes
Aeration
3
Packed tower aeration
5
Ion exchange / softening (Cation, Anion, Adsorptive)
To control Primary MCL contaminant
To control secondary MCL contaminant
5
2
Adsorptive media
5
Lime - soda ash softening
5
Membrane filtration- reverse osmosis, micro, ultra, nano
10
Powdered activated carbon
5
Other Processes
0 to 15
Residuals Disposal
Discharge to lagoons
5
Discharge to lagoons and then raw water source
8
Discharge to raw water
10
Disposal to sanitary sewer
3
Mechanical dewatering
5
On-site disposal
5
Land application
5
Solids composting
5
Facility Characteristics
Instrumentation:
The use of SCADA or similar instrumentation to provide
						  data with no process operation
0
The use of SCADA or similar instrumentation to provide
						  data with limited process operation
2
The use of SCADA or similar instrumentation to provide
						  data with moderate process operation
4
The use of SCADA or similar instrumentation to provide
						  data with extensive or total process operation
6
Gravity Fed Systems
Total atmospheric
						  storage less than average day design flow
5
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 564 - CLEAN-UP AND RESPONSE FUND REVIEW BOARD › Chapter 3 - APPEALS PROCEDURE › Section 564-3-1 - Appeals Panel

Current through 2024-29, July 17, 2024
Pursuant to
				  38
				  M.R.S. §568-B, the Appeals Panel of the
				  Clean-up and Response Fund Review Board ("Appeals Panel" or "Panel") shall hear
				  and decide appeals of insurance claims-related decisions of the Commissioner of
				  the Department of Environmental Protection ("Commissioner") and the State Fire
				  Marshal including but not limited to decisions on eligibility for coverage,
				  eligibility for costs and waiver and amount of deductible. The Appeals Panel
				  shall consist of the four public members of the Board as designated pursuant to
				   38
				  M.R.S. §568-B(1)(B) and
				  (2-C).
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 564 - CLEAN-UP AND RESPONSE FUND REVIEW BOARD › Chapter 3 - APPEALS PROCEDURE › Section 564-3-2 - Filing of Submissions and Computation of Time

Current through 2024-29, July 17, 2024
A.
Filing of Submissions
:Whenever this rule requires or allows the filing or delivery of any
				submission, that filing or delivery is complete:
1) Upon the Appeals Panel, when the Appeals
				Panel receives the submission by the close of business on the due date by:
a) first-class mail or comparable commercial
				delivery;
b) in -hand delivery;
				or
c) fax or electronic
				communication confirmed by a delivery receipt.
The risk of a submission not being received by the Appeals
				  Panel in a timely manner is on the sender, regardless of the method
				  used.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 564 - CLEAN-UP AND RESPONSE FUND REVIEW BOARD › Chapter 3 - APPEALS PROCEDURE › Section 564-3-3 - Notice of Appeal

Current through 2024-29, July 17, 2024
A.
Filing of
				Notice of Appeal
: Pursuant to
				38
				M.R.S. §568-B(2-C), an
				appeal of the Commissioner's or State Fire Marshal's decision must be filed
				with the Appeals Panel within 30 days after the applicant receives the
				decision. A copy of the notice of appeal, and all other information submitted
				by the appellant, shall be simultaneously delivered to the Commissioner or
				State Fire Marshal, whichever agency issued the order,. Unless an exception to
				the filing deadline applies as set forth in sections 3(B) and 3(C) of this
				rule, a decision of the Commissioner or State Fire Marshal becomes final if no
				appeal is filed within the 30-day period.
B.
Extension of Appeal Period When
				Request Made Before Appeal Period Expires
. If the request for an
				extension is received by the Appeals Panel before the original appeal deadline
				expires, for good cause shown, the Chair of the Panel or designee may, in the
				Chair's or designee's discretion, extend the time for filing an appeal by no
				more than 30 days from the expiration of the original appeal period. The
				Chair's or designee's refusal to extend the filing deadline is not appealable
				to the full Appeals Panel.
C.
Extension of Appeal Period When Request Made After Appeal Period
				Expires
. If the request for an extension is received by the Appeals
				Panel after the original appeal deadline expires, for good cause shown, the
				Appeals Panel may in its discretion extend the time for filing an appeal by no
				more than 30 days from the expiration of the original appeal period,.
D.
Contents of the Notice of
				Appeal
: The notice of appeal shall include, but not be limited to the
				following:
1) A copy of the Commissioner's or
				State Fire Marshal's decision;
2)
				The specific grounds for the appeal and a brief statement of the appellant's
				position;
3) The remedy sought;
				and
4) If any new evidence is to be
				offered, the information required in section 5(B) below.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 564 - CLEAN-UP AND RESPONSE FUND REVIEW BOARD › Chapter 3 - APPEALS PROCEDURE › Section 564-3-4 - Parties

Current through 2024-29, July 17, 2024
A.
Parties as a Matter of Right
:
				The parties to the appeals proceeding shall consist of the appellant and the
				Commissioner or State Fire Marshal, as applicable. Upon application received by
				the Appeals Panel at least 10 days prior to the scheduled hearing, the Panel
				shall allow any person showing that he or she is or may be, or is a member of a
				class which is or may be, substantially and directly affected by the
				proceeding, or any other agency of federal, state or local government, to
				intervene as a party to the proceeding.
B.
Participation of Interested Persons
				as Parties
: At its discretion, the Appeals Panel may allow any other
				interested person to intervene and participate as a full or limited party. A
				request for permission to participate as a party and the reasons for the
				request must be received by the Panel at least 10 days before the
				hearing.
C.
Statement of
				Interested Persons
: At its discretion, the Appeals Panel may allow
				statements by members of the public at a hearing, even if those individuals are
				not formally parties to the proceeding.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 564 - CLEAN-UP AND RESPONSE FUND REVIEW BOARD › Chapter 3 - APPEALS PROCEDURE › Section 564-3-6 - Scope of Review

Current through 2024-29, July 17, 2024
Except for issues which by law may be raised at any time,
				  such as jurisdictional issues, or issues raised by new evidence accepted by the
				  Appeals Panel, the review by the Appeals Panel shall be limited to issues
				  raised in the notice of appeal. The review of the record on such issues shall
				  be de novo. When assignment of deductibles is appealed, the burden of proof is
				  on the Commissioner or State Fire Marshal as to which deductibles apply. For
				  all other appeals, the burden of proof is on the appellant.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 564 - CLEAN-UP AND RESPONSE FUND REVIEW BOARD › Chapter 3 - APPEALS PROCEDURE › Section 564-3-7 - Alternative Dispute Resolution

Current through 2024-29, July 17, 2024
If the appellant and Commissioner or State Fire Marshal agree
				  to use mediation or another form of alternative dispute resolution in an
				  attempt to resolve an appeal and so notify the Appeals Panel, the Appeals Panel
				  will not hear the matter until the conclusion of that effort, provided the
				  effort at resolution does not extend beyond six months from the date of filing
				  of the appeal. If the appellant and Commissioner or State Fire Marshal wish to
				  request additional time beyond six months, they shall file a request with the
				  Appeals Panel, which request shall be ruled upon by the Chair of the Panel or
				  designee. The Appeals Panel may accept, reject or modify any mediated
				  settlement that does not include withdrawal of the appeal.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 564 - CLEAN-UP AND RESPONSE FUND REVIEW BOARD › Chapter 3 - APPEALS PROCEDURE › Section 564-3-8 - Hearing

Current through 2024-29, July 17, 2024
A.
Date of Hearing
: An appeal
				shall be scheduled for hearing at the next meeting of the Appeals Panel
				following the filing of a complete record pursuant to section 5(A), unless the
				appeal is filed less than 30 days before the meeting, the Appeals Panel and the
				appellant agree to a continuance, or the Panel has been notified that the
				parties have agreed to use alternative dispute resolution.
B.
Continuances
: A request by
				the appellant for a continuance must be received by the Appeals Panel at least
				3 days prior to the hearing. Requests received less than 3 days prior to the
				hearing may be granted only for sudden emergencies or other exceptional
				circumstances. Requests shall be rule d upon by the Chair of the Panel or
				designee. If a continuance is granted, the hearing shall be rescheduled for the
				next meeting of the Panel at which time is available.
C.
Witnesses
: All witnesses
				shall be sworn.
D.
New
				Evidence
: Directly after the commencement of the hearing, if there has
				been a request to consider new evidence, the Appeals Panel shall determine, by
				majority vote, whether to accept such evidence pursuant to section
				5(B).
E.
Format of the
				Hearing
: Unless a different format is warranted by the circumstances,
				the hearing shall be structured as follows. After consideration of whether new
				evidence may be presented as set forth in subsection D, the appellant shall be
				present and make a statement, either personally or through counsel, explaining
				the appeal. Witnesses or new evidence shall be presented at this time, if
				permitted by the Panel. The Commissioner or State Fire Marshal or their
				designees, the Appeals Panel, staff and counsel may ask questions of the
				appellant and any witness. At the conclusion of the presentation of the
				appellant's case, the Commissioner or State Fire Marshal or their designees
				shall present the Commissioner's or State Fire Marshal's position. The
				appellant or counsel for the appellant, the Appeals Panel, staff and counsel
				may ask questions of the Commissioner or State Fire Marshal and any witness.
				All hearings shall be recorded.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 564 - CLEAN-UP AND RESPONSE FUND REVIEW BOARD › Chapter 3 - APPEALS PROCEDURE › Section 564-3-9 - Decision

Current through 2024-29, July 17, 2024
A.
Voting
: A quorum consisting
				of a majority of the members currently serving on the Appeals Panel shall be
				necessary for action by the Panel. A tie vote constitutes denial of the appeal
				unless a majority of the Appeals Panel members subsequently vote at that
				meeting for another action on the appeal or to table the appeal until another
				meeting. In the case of a tie vote, the findings and reasoning of the Appeals
				Panel members voting to deny the appeal constitute the findings and reasoning
				for denial of the appeal.
B.
Participation by Panel Members
: No member of the Appeals Panel may
				participate in review of an appeal if the member has a direct or indirect
				pecuniary interest in the outcome of the appeal, or if the member represents,
				or is member of a firm or association which represents, the interest of any of
				the parties before the Panel in the appeal under consideration. Where a Panel
				member does not voluntarily abstain in such situations, the remaining members
				of the Appeals Panel may determine, by majority vote, whether abstention is
				required.
C.
Action of the
				Panel
: After consideration of the appeal, the Appeals Panel may take the
				following action by majority vote:
1) Grant
				the appeal in whole or in part;
2)
				Deny the appeal in whole or in part;
3) Remand the appeal back to the Commissioner
				or State Fire Marshal; or
4)
				Continue the appeal to a later date.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 564 - CLEAN-UP AND RESPONSE FUND REVIEW BOARD › Chapter 3 - APPEALS PROCEDURE › Section 564-3-10 - Motion for Reconsideration

Current through 2024-29, July 17, 2024
A.
Basis for
				Motion
: A motion for reconsideration will not be considered by the
				Appeals Panel unless it is based upon one or both of the following grounds:
1) New or additional evidence exists that was
				not considered during the appeal and that could not have been presented to the
				Panel at the time of the appeal; or
2) The Panel's decision contains an error of
				law or relies on facts contrary to those in the record.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 564 - CLEAN-UP AND RESPONSE FUND REVIEW BOARD › Chapter 3 - APPEALS PROCEDURE › Section 564-3-11 - Costs and Attorney Fees

Current through 2024-29, July 17, 2024
Pursuant to
				  38
				  M.R.S. §568-B(2-C), if
				  the Appeals Panel overturns the Commissioner's or State Fire Marshal's
				  decision, reasonable costs, including reasonable attorney fees incurred from
				  the time of a claims-related decision forward, will be paid by the fund for
				  costs incurred in pursuing the appeal to the Appeals Panel. In order to receive
				  payment, the prevailing party must submit documentation substantiating its
				  costs and fees to the Appeals Panel for approval, with a copy to the
				  Commissioner or State Fire Marshal, within 30 days of receipt of the Panel's
				  decision. Parties will be notified of the date of the meeting when the
				  submission will be considered by the Panel. At such time, the Panel shall
				  consider comments by the Commissioner or State Fire Marshal or their designees
				  and the Panel's staff regarding the reasonableness of the amount that has been
				  submitted for approval. An hourly rate for "reasonable attorney fees" is the
				  established hourly rate of the attorney, but may not exceed $200.00 per hour.
				  However, the Panel has the right to approve less than the amount of the costs
				  or fees requested based upon its determination of what is reasonable under the
				  circumstances of a particular case. The decision of the Appeals Panel regarding
				  attorney fees will be stated in the minutes of the meeting and no separate
				  order will be issued.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 564 - CLEAN-UP AND RESPONSE FUND REVIEW BOARD › Chapter 4 - OIL IMPORT FEES › Section 564-4-1 - LEGAL AUTHORITY

Current through 2024-29, July 17, 2024
This rule is authorized under
				  38
				  M.R.S. §§
										568-B(2)(D) and
				  551(4).
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 564 - CLEAN-UP AND RESPONSE FUND REVIEW BOARD › Chapter 4 - OIL IMPORT FEES › Section 564-4-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
The following terms as used in this rule shall have the
				  following meaning:
A.
Board
. "Board" means the Clean-up and Response Fund Review Board
				created under
				38
				M.R.S. §568-B.
B.
Commissioner
. "Commissioner"
				means the commissioner of the Maine Department of Environmental
				Protection.
C.
Fund
.
				"Fund" means the Maine Ground and Surface Waters Clean-up and Response Fund
				established under
				38
				M.R.S. §551.
D.
Gasoline
. "Gasoline" means a
				volatile, highly flammable liquid with a flash point of less than 100°
				Fahrenheit obtained from the fractional distillation of petroleum.
E.
Oil terminal facility
. "Oil
				terminal facility" means any facility of any kind and related appurtenances,
				located in, or under the surface of any land or water, including submerged
				lands, which is used or capable of being used for the purpose of transferring,
				processing or refining oil, or for the purpose of storing the same, but does
				not include any facility used or capable of being used to store no more than
				1500 barrels or 63,000 gallons, nor any facility not engaged in the transfer of
				oil to or from waters of the State of Maine. A vessel is considered an oil
				terminal facility only in the event of ship-to-ship transfer of oil, but only
				that vessel going to or coming from the place of ship-to-ship transfer and a
				permanent or fixed oil terminal facility. The term does not include vessels
				engaged in oil spill response activities.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 564 - CLEAN-UP AND RESPONSE FUND REVIEW BOARD › Chapter 4 - OIL IMPORT FEES › Section 564-4-3 - NOTICE OF IMPENDING SHORTFALL

Current through 2024-29, July 17, 2024
Whenever the fund balance is reduced to $ 6 million or less,
				  the commissioner shall notify persons subject to the fees under
				  38
				  M.R.S.
				  §551(4).
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 564 - CLEAN-UP AND RESPONSE FUND REVIEW BOARD › Chapter 4 - OIL IMPORT FEES › Section 564-4-4 - ADDITIONAL FEES

Current through 2024-29, July 17, 2024
Upon receipt of notice under section 3 of this rule, the
				  following fees are assessed in addition to the fees assessed under
				  38
				  M.R.S. §551(4):
				  18¢ per barrel of gasoline; and 6¢ per barrel of other petroleum
				  products except unrefined crude oil, liquid asphalt, and number 6 fuel
				  oil.
The additional fee is assessed on oil terminal facility
				  licensees who first transfer a product subject to the fee, and on persons
				  required to register under § 545-B who first transport a product subject
				  to the fee into the State of Maine by rail or highway. The additional fee may
				  be refunded on petroleum products exported from the State of Maine or on waste
				  oil.
The additional fee shall become due and payable beginning the
				  first day of the month following receipt of the section 3 notice provided the
				  notice was received 15 days in advance. If not, the additional fees must be
				  paid monthly thereafter at the same time and in the same manner as the fees
				  assessed under
				  38
				  M.R.S.
				  §551(4).
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 564 - CLEAN-UP AND RESPONSE FUND REVIEW BOARD › Chapter 4 - OIL IMPORT FEES › Section 564-4-5 - DURATION OF INCREASE; NOTICE OF FUND RECOVERY

Current through 2024-29, July 17, 2024
Payment of the additional fees shall continue until the
				  commissioner issues written notice that the fund has recovered. The
				  commissioner shall send such notice to persons subject to the fee increase
				  under section 4 of this rule when the fund balance averages $ 10million or more
				  for 3 consecutive months.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 564 - CLEAN-UP AND RESPONSE FUND REVIEW BOARD › Chapter 5 - DOCUMENTATION REQUIREMENTS FOR APPLICATIONS TO THE STATE FIRE MARSHAL FOR COVERAGE BY THE MAINE GROUND AND SURFACE WATERS CLEAN-UP AND RESPONSE FUND AT ABOVE GROUND OIL STORAGE FACILITIES › Section 564-5-1 - Documents Required

Current through 2024-29, July 17, 2024
The documents required to be submitted to the State Fire
				  Marshal by an applicant as part of an application for coverage by the Maine
				  Ground and Surface Waters Clean-up and Response Fund are as follows:
A. A completed application form as issued by
				the Office of the State Fire Marshal.
B. The spill prevention control and
				countermeasure (SPCC) plan applicable to the facility, if the facility is
				required to have such a plan. When a plan is submitted, the applicant must
				indicate the name of the Maine licensed professional or other qualified
				professional who certified the SPCC plan, when the plan was certified and the
				date when the plan was last updated. Alternatively, the applicant must indicate
				if the plan met the criteria for being self-certified pursuant to 40 CFR Part
				112 and the date the self-certified SPCC plan was last updated.
C. The State Fire Marshal may ask for
				additional documents. The applicant is required to comply with the request as
				long as it is reasonable, or explain why it is not possible to provide the
				requested documents.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 564 - CLEAN-UP AND RESPONSE FUND REVIEW BOARD › Chapter 5 - DOCUMENTATION REQUIREMENTS FOR APPLICATIONS TO THE STATE FIRE MARSHAL FOR COVERAGE BY THE MAINE GROUND AND SURFACE WATERS CLEAN-UP AND RESPONSE FUND AT ABOVE GROUND OIL STORAGE FACILITIES › Section 564-5-2 - Other Documents Relied Upon

Current through 2024-29, July 17, 2024
When making a determination on the application, the State
				  Fire Marshal may also rely on documents and photographs contained in the files
				  of the Office of the State Fire Marshal and the Department of Environmental
				  Protection.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 564 - CLEAN-UP AND RESPONSE FUND REVIEW BOARD › Chapter 5 - DOCUMENTATION REQUIREMENTS FOR APPLICATIONS TO THE STATE FIRE MARSHAL FOR COVERAGE BY THE MAINE GROUND AND SURFACE WATERS CLEAN-UP AND RESPONSE FUND AT ABOVE GROUND OIL STORAGE FACILITIES › Section 564-5-3 - Other Documents May Be Submitted

Current through 2024-29, July 17, 2024
The applicant is encouraged to supply other documents,
				  including photographs, which the applicant believes will assist the State Fire
				  Marshal in making a determination on eligibility for fund coverage and the
				  assignment of deductibles.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 564 - CLEAN-UP AND RESPONSE FUND REVIEW BOARD › Chapter 6 - ASSESSMENT OF INABILITY TO PAY DEDUCTIBLE FOR A PERSONAL RESIDENCE UNDER THE GROUND WATER OIL CLEAN-UP FUND › Section 564-6-1 - Initial Determination

Current through 2024-29, July 17, 2024
The Commissioner of the Department of Environmental
				  Protection shall make the initial determination as to whether all or part of
				  the deductibles applicable to an applicant for coverage by the Ground Water Oil
				  Clean-Up Fund for a personal residence shall be waived based upon the
				  applicant's inability to pay. If the decision by the Commissioner is adverse to
				  the applicant, the applicant may appeal the Commissioner's decision to the
				  Appeals Panel pursuant to
				   38 M.R.S.A.
				  §568-A(3-A) and Chapter
				  3.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 564 - CLEAN-UP AND RESPONSE FUND REVIEW BOARD › Chapter 6 - ASSESSMENT OF INABILITY TO PAY DEDUCTIBLE FOR A PERSONAL RESIDENCE UNDER THE GROUND WATER OIL CLEAN-UP FUND › Section 564-6-2 - Documents to be Supplied

Current through 2024-29, July 17, 2024
A. Phase I:
An applicant who requests that a deductible be waived must
				  supply a completed General Information Claim Form as issued by the Department
				  of Environmental protection and attach one (1) copy each of the applicant's
				  three (3) prior years federal income tax returns that were filed preceding the
				  applicant's request. Should an applicant not have been required to file income
				  tax returns with the IRS (e.g., retired and living on social security and
				  therefore below income requirements), the applicant must indicate on the
				  General Information Claim Form, in box 6, the exact dollar amount received in
				  social security and/or any other retirement pension received. In addition, if
				  the applicant is receiving any type of state or federal financial aid (i.e.,
				  welfare, food stamps, etc.), the applicant must indicate the exact dollar
				  amount received monthly and record those figures in box 7.
B. Phase II:
Should the Department in its discretion decide to perform a
				  more thorough analysis of an applicant's financial situation, the applicant
				  must, in addition to the requirements specified in paragraph (A), complete a
				  Financial Data Request Form, as issued by the Department, and supply documents
				  to support the information provided on the form, if required to do so by the
				  Department.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 564 - CLEAN-UP AND RESPONSE FUND REVIEW BOARD › Chapter 6 - ASSESSMENT OF INABILITY TO PAY DEDUCTIBLE FOR A PERSONAL RESIDENCE UNDER THE GROUND WATER OIL CLEAN-UP FUND › Section 564-6-3 - Deadline for Supplying Completed Form

Current through 2024-29, July 17, 2024
The General Information Claim Form and attachments, and the
				  Financial Data Request Form and attachments (if the Department requests the
				  applicant to complete this form), must be returned within thirty (30) days from
				  the date of the cover letter from the Department mailed with the form. If an
				  applicant needs additional time to complete the form, the applicant may request
				  an extension of time by contacting the Department representative named on the
				  cover letter in writing. The Department shall grant the request if reasonable
				  cause is provided, however the Department may deny the request for an extension
				  if the request is unreasonable or if an applicant has repeatedly requested
				  extensions of time. The Department shall indicate in writing whether the
				  request for an extension has been granted or denied.
If the applicant does not return the form(s) and required
				  attachments within the allotted time, or within any extension of time granted,
				  the Department will send a letter to the applicant, by certified mail, stating
				  that the applicant must submit all required information within fifteen (15)
				  working days of the date of receipt of the Department's letter as indicated on
				  the certified receipt. If the requested information is not received within the
				  15 day period, the Commissioner shall deem that the request for a waiver of the
				  deductible has been withdrawn and the full amount of the deductible shall be
				  due from the applicant.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 564 - CLEAN-UP AND RESPONSE FUND REVIEW BOARD › Chapter 6 - ASSESSMENT OF INABILITY TO PAY DEDUCTIBLE FOR A PERSONAL RESIDENCE UNDER THE GROUND WATER OIL CLEAN-UP FUND › Section 564-6-4 - Factors Used in Assessing Applicant's Ability to Pay

Current through 2024-29, July 17, 2024
Using information supplied by the applicant, which may be
				  verified by the Department, the Commissioner shall determine the applicant's
				  ability to pay the deductible by examining the following factors:
A. Total income:
The applicant's total income, as opposed to the applicant's
				  total taxable income, and the nature of that income. The applicant's total
				  income will be determined to fall into one of the following categories which
				  will be referred to throughout this Chapter:
1. Category A if the income is less than 75%
				of median household income;
2.
				Category B if the income is 75% to 125% of median household income;
				and
3. Category C if the income is
				greater than 125% of median household income.
"Median household income" is the amount set forth in the most
				  recent Farmers Home Administration Income Tables, which are supplied on a
				  county-by-county basis and take account of household size.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 564 - CLEAN-UP AND RESPONSE FUND REVIEW BOARD › Chapter 6 - ASSESSMENT OF INABILITY TO PAY DEDUCTIBLE FOR A PERSONAL RESIDENCE UNDER THE GROUND WATER OIL CLEAN-UP FUND › Section 564-6-5 - Evaluation Process

Current through 2024-29, July 17, 2024
A. If an initial
				evaluation of an applicants total income determines that the applicant's total
				income is less than the "minimum income standard", the applicant will be
				determined to be unable to pay the deductible. The "minimum income standard" is
				the "low" income level set forth in the most recent Farmers Home Administration
				Income Table which is applicable to the applicant based upon county of
				residence and size of household.
B.
				If the initial evaluation referred to in Section A shows that the applicant is
				able to pay the deductible, a further evaluation will be undertaken in line
				with the following guidelines:
1. Outcome 1:
				If the applicant has available cash flow and available assets, the applicant
				should be able to afford to pay the deductible. If however, the applicant's
				debt payment ratio is greater than 36% then the applicant may have difficulty
				reimbursing the state through additional debt.
2. Outcome 2: If the applicant has
				insufficient cash flow but available assets, the applicant may be able to pay
				the deductible through the sale of assets, but not out of annual income or
				additional debt.
3. Outcome 3: If
				the applicant has available cash flow but does not have available assets, the
				applicant should be able to pay the deductible through annual income, but not
				by sale of assets or assumption of debt.
4. Outcome 4: If the applicant has
				insufficient cash flow and does not have available assets, the applicant may be
				unable to pay the deductible.
The Commissioner shall also examine any extenuating
				  circumstances when weighing the applicant's financial position against the
				  possible outcomes listed above.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 564 - CLEAN-UP AND RESPONSE FUND REVIEW BOARD › Chapter 6 - ASSESSMENT OF INABILITY TO PAY DEDUCTIBLE FOR A PERSONAL RESIDENCE UNDER THE GROUND WATER OIL CLEAN-UP FUND › Section 564-6-6 - Use of Financial Analyst

Current through 2024-29, July 17, 2024
The Commissioner may consult a financial analyst of the
				  Commissioner's choosing if deemed necessary in order to fully evaluate an
				  applicant's ability to pay a deductible.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 590 - MAINE HEALTH DATA ORGANIZATION › Chapter 10 - DETERMINATION OF ASSESSMENTS › Section 590-10-3 - Submittals and Timetables

Current through 2024-29, July 17, 2024
A.
Health
				Insurance Entities, Third-Party Administrators, Carriers that Provide
				Administrative Services Only for a Plan Sponsor, Pharmacy Benefits
				Managers
. Estimates for payment of the computed assessments derived from
				Bureau of Insurance filings or from the MHDO claims database shall be sent by
				the MHDO to all health insurance entities, third-party administrators, carriers
				that provide administrative services only for a plan sponsor, and pharmacy
				benefits managers that process and pay claims annually. All health insurance
				entities, third-party administrators, carriers that provide administrative
				services only for a plan sponsor, and pharmacy benefits managers that process
				and pay claims shall within thirty days of receipt of the estimates for payment
				notify the MHDO of any modifications to their assessments as a result of
				exempted health care premiums or claims processed or paid.
B.
Requests For Payment
.
				Requests for payment of the final assessments shall be sent by the MHDO to all
				hospital and non-hospital health care providers, all health insurance entities,
				and all third-party administrators, carriers that provide administrative
				services only for a plan sponsor, and pharmacy benefits managers that process
				and pay claims on an annual basis.
C.
Assessments Due
. All
				assessments shall be due to the MHDO within 30 days of receipt of the requests
				for payment.