reglab/statecodes huggingface dataset:
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 41 - SPECIAL RESTRICTIONS ON PESTICIDE USE › Section 026-41-4 - AQUATIC HERBICIDES

Current through 2024-29, July 17, 2024
The registration of pesticides for which there is an aquatic
				  herbicide use on the product label shall be subject to the following
				  limitations and conditions.
A.
Board Publication of List
The Board of Pesticides Control will publish by May 23, 2003
				  and by March 15th of each year thereafter a list of herbicide products
				  registered in Maine for which the manufacturer has verified that there is an
				  aquatic use on the pesticide label. Based on available information, the Board
				  may exempt from this list pesticides that it determines are not for use in the
				  control of aquatic vegetation. Pesticides labeled solely for use in aquariums
				  and antifouling paints, are specifically exempt from this list.
B.
Licenses Required
I. Unless exempted under Chapter 41, Section
				4(B) (III), no person shall purchase, use or supervise the use of any aquatic
				herbicides identified on the Board's annual listing unless they have obtained a
				private or commercial pesticide applicator's license from the Board.
II. No person shall:
a. Distribute any aquatic herbicides
				identified on the Board's annual listing without a restricted use pesticide
				dealer's license from the Board; or
b. Unless exempted under Chapter 41, Section
				4(B) (III), distribute any aquatic herbicides identified on the Board's annual
				listing to any person who is not licensed as a private or commercial applicator
				by the Board.
III.
				Registered herbicides containing only the active ingredients erioglaucine (Acid
				Blue 9 or FD&C Number 1, CAS Registry No. 1934-21-0) and/or tartrazine
				(Acid Yellow 23 or FD&C Yellow Number 5, CAS Registry No. 2650-18-2
				(trisodium salt) or 3844-45-9 (triammonium salt)) are exempt from the
				applicator licensing requirements described in Chapter 41, Section 4(B) (I) and
				Chapter 41, Section 4(B) (II) (b).
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 41 - SPECIAL RESTRICTIONS ON PESTICIDE USE › Section 026-41-5 - PLANT-INCORPORATED PROTECTANTS

Current through 2024-29, July 17, 2024
The registration, distribution and use of plant-incorporated
				  protectants are subject to the following limitations and conditions:
A.
Definitions
"Plant-incorporated protectant" means a pesticidal substance
				  that is intended to be produced and used in a living plant, or in the produce
				  thereof, and the genetic material necessary for the production of such a
				  pesticidal substance.
B.
License Required
No person shall distribute any plant-incorporated protectant
				  without either a general use pesticide dealer license or a (restricted or
				  limited use) pesticide dealer license from the Board.
C.
Dealer Requirements
Dealers distributing plant-incorporated protectants are
				  subject to the following requirements:
I. General use and (restricted or limited
				use) pesticide dealers shall notify the Board of their intent to distribute
				plant-incorporated protectants on all initial license and license renewal
				application forms provided by the Board.
II. General use and (restricted or limited
				use) pesticide dealers shall maintain sales records showing the list of the
				names and addresses of all purchasers of plants, plant parts or seeds
				containing plant-incorporated protectants. These records must be made available
				to representatives of the Board for inspection at reasonable times, upon
				request, and must be maintained for two calendar years from the date of
				sale.
III. Any general use and
				(restricted or limited use) pesticide dealer who discontinues the sale of
				plant-incorporated protectants shall notify the Board in writing and shall
				provide the Board, upon request, with all records required by Section 5(C) II
				of this chapter.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 41 - SPECIAL RESTRICTIONS ON PESTICIDE USE › Section 026-41-6 - NEONICOTINOIDS (DINOTEFURAN, CLOTHIANIDIN, IMIDACLOPRID, OR THIAMETHOXAM)

Current through 2024-29, July 17, 2024
The registration of pesticides containing dinotefuran,
				  clothianidin, imidacloprid, or thiamethoxam for which there is an outdoor
				  ornamental plant or turf use on the product label shall be subject to the
				  following limitations and conditions.
A.
Definitions
I. "Emerging Invasive Invertebrate Pests"
				means any invertebrate, including its eggs or other biological material capable
				of propagating that species that occurs outside of its eco-region and its
				introduction causes or is likely to cause economic or environmental harm, or
				harm to human, animal, or plant health, to include:
a. Species both known now and unknown now but
				showing up at a later date;
b.
				Species that occur outside of their eco-region (level III) as defined by EPA;
				and
c. Species on a Board approved
				list.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 41 - SPECIAL RESTRICTIONS ON PESTICIDE USE › Section 026-41-7 - CHLORPYRIFOS (DURSBAN, LORSBAN)

Current through 2024-29, July 17, 2024
The registration of chlorpyrifos (Dursban, Lorsban) is
				  subject to the following limitations and conditions.
A. No person shall use or supervise the use
				of any pesticide containing the active ingredient chlorpyrifos unless they have
				obtained a private or commercial applicator's license from the Board, possess
				the pesticide in the State before January 1, 2022, and obtain a temporary use
				authorization permit from the Board.
B. Permit applications shall be made on such
				forms as the Board provides and shall include at least the following
				information:
I. The name, address and
				telephone number of the applicant;
II. The brand name of the pesticides to be
				applied;
III. The date on which the
				pesticides were purchased;
IV. The
				approximate quantity of the pesticides possessed;
V. The purpose for which the pesticide
				application(s) will be made; and VI. The duration for which the applications
				will take place or until the product is gone.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 50 - RECORD KEEPING & REPORTING REQUIREMENTS › Section 026-50-1 - Records

Current through 2024-29, July 17, 2024
A.
Pesticide Application Records
I. Commercial agricultural producers and
				commercial applicators shall maintain pesticide application records consistent
				with paragraph II. below for a period of two years from the date of
				application. Such records shall be kept current by recording all the required
				information on the same day the application is performed. These records shall
				be maintained at the primary place of business and available for inspection by
				representatives of the Board at reasonable times, upon request.
II. Pesticide application records shall
				include, at a minimum:
a. Site information
				including town and location, crop or site treated, target organism, customer
				and customer address (where applicable); and
i. for broadcast applications, size of
				treated area (when completed);
ii.
				for volumetric applications as described on the label, the volume
				treated;
iii. for non-broadcast
				applications (such as spot treatments, crack and crevice or stump treatments) a
				practical description of the scope or extent of the application (such as number
				of trees, stumps or rooms treated).
b.
Application information
. For
				each distinct site, records must include date and time of application(s), brand
				name of pesticide(s) applied, EPA registration number(s), active ingredient(s),
				restricted entry interval(s) and/or ventilation period(s) (where applicable),
				method of application (type of equipment), dilution agent(s) (other than
				water), the licensed applicator's name and certification number, the name of
				any noncertified applicator that made the application (where applicable), and
				spray contracting firm (where applicable).
c.
Rate information
. For each
				distinct site, application rate information must be maintained as follows:
i.
Restricted Use Pesticides
.
				For restricted use pesticides, applicators shall record the total amount of
				pesticide applied (undiluted).
ii.
General Use Pesticides
. For general use pesticides, applicators
				shall record:
(1) rate information as
				described in (i.) above; or
(2) the
				mix ratio and the total mix applied; or
(3) the mix ratio and the mix per unit area
				applied.
d.
				For outdoor applications, except those listed below, weather conditions
				including wind speed and direction, air temperature and sky conditions recorded
				such as sunny, partly cloudy, overcast, foggy or rainy. No weather condition
				records need be kept for outdoor applications involving:
i. pesticides placed in bait
				stations;
ii. pesticide-impregnated
				devices placed on animals, such as ear tags; or
iii. pesticides injected into trees or
				utility poles.
e. For
				TBT applications to marine vessels, applicators must also record the vessel
				identification and size, and the disposition of TBT wastes including chips/dust
				removed prior to application and empty containers.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 50 - RECORD KEEPING & REPORTING REQUIREMENTS › Section 026-50-2 - Reports

Current through 2024-29, July 17, 2024
A.
Annual Summary Reports by Commercial
				Applicators
. Annual summary reports must be submitted for each calendar
				year by January 31 of the following year. In the event a required report is not
				received by the due date, the person's license may be temporarily suspended
				until the proper report is received or until a decision is tendered at a formal
				hearing as described in
				22 M.R.S.A.
				§1471-D(7). The report
				filed with the Board by or on behalf of commercial applicators shall contain
				the following information for each site or crop treated: quantity of each
				pesticide used, EPA registration number and total area treated (where
				applicable) for each pesticide.
B.
Annual Pesticide Sales Reports
. Pesticide dealers licensed to sell
				limited and restricted use pesticides must provide the Board with a calendar
				year-end report of total sales of all limited, restricted and general use
				pesticides before their pesticide dealer license can be renewed. The Board will
				furnish report forms.
C.
Spray Incident Reports
I.
				Commercial agricultural producers, commercial applicators, spray contracting
				firms and licensed pesticide dealers shall be responsible for telephoning a
				spray incident report to the Board as soon as practicable after emergency
				health care has been obtained for injured parties and efforts have been
				initiated to contain any spills.
II. A reportable spray incident is any
				significant misapplication or accidental discharge of a pesticide. Such
				incidents shall include: fires involving pesticides; vehicle and aircraft
				accidents resulting in a spill or human contamination; failure to turn off
				spray booms or other spray equipment resulting in application to sensitive
				areas (such as water bodies, accidentally applying pesticides to the wrong site
				or places of human habitation) when such application is a violation of label
				instructions or other law; overfilling of spray equipment resulting in risk of
				contamination of water; and any other equipment breakage or malfunction or
				pesticide handling activity which causes a pesticide release which may result
				in a threat to human health or the environment.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 51 - NOTICE OF AERIAL PESTICIDE APPLICATIONS › Section 026-51-I - Content of All Newspaper Articles/Advertisements, Written Notices to Property Owners and Posters

Current through 2024-29, July 17, 2024
A. All newspaper
				articles/advertisements and written notices to property owners required by this
				chapter shall contain the following:
1.
				Description of the target area sufficient to inform people who may be in the
				vicinity.
2. Name of the person who
				contracts for the application or her/his representative or the applicator and
				the address and telephone number to contact for more specific information about
				the intended application.
3.
				Intended purpose of the pesticide application.
4. Pesticide(s) to be used.
5. Date or reasonable range of dates on which
				application(s) are proposed to take place.
6. Telephone number of the Maine Board of
				Pesticides Control.
7. Telephone
				number of the Maine Poison Control Center.
8. Public precautions which appear on the
				pesticide label.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 51 - NOTICE OF AERIAL PESTICIDE APPLICATIONS › Section 026-51-II - Forest Insect Applications

Current through 2024-29, July 17, 2024
A.
Responsible Parties
1. In the
				event of a forest insect spray program administered pursuant to Title 12,
				Chapter 801, the Maine Department of Conservation, Bureau of Forestry, is
				responsible for notices.
2. In the
				case of any other forest insect aerial spray activity, responsibility for
				notices lies with the landowner, her/his representative or the lessee if the
				land is leased.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 51 - NOTICE OF AERIAL PESTICIDE APPLICATIONS › Section 026-51-III - Ornamental Plant Applications

Current through 2024-29, July 17, 2024
A.
Responsible Parties
The licensed applicator must provide the person contracting
				  for services with the proper materials to provide notification according to the
				  provisions described in this chapter. The licensed applicator must not commence
				  spray activities until the person contracting for the services provides written
				  proof that the notification procedures contained Section III(B) and (C) have
				  been completed. The person who provides the notification and certifies that the
				  requirements have been fulfilled is responsible for that notification.
B.
Newspaper
				Articles/Advertisements and Written Notices to Property Owners
1. An article about/advertisement of
				ornamental plant aerial pesticide applications shall be published in a paper of
				general circulation in the affected area at least 3 days but not more than 60
				days prior to the commencement of the intended spray activity. The article/
				advertisement shall contain the information required in section I(A) and (B)
				and shall not be limited to a legal notice.
2. A written notice of ornamental plant
				aerial pesticide applications shall be provided to the person(s) owning
				property or using residential rental, commercial or institutional buildings
				within 500 feet of the intended target site at least 3 days but not more than
				60 days before the commencement of the intended spray applications. The notice
				shall contain the information required in Section I(A). For absentee property
				owners who are difficult to locate, certified or equivalent mailing of the
				notice to the address listed in the Town tax record shall be considered
				sufficient notice.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 51 - NOTICE OF AERIAL PESTICIDE APPLICATIONS › Section 026-51-IV - Rights-Of-Way, Forest Vegetation Management and Other Forest Pest Applications

Current through 2024-29, July 17, 2024
A.
Responsible Parties
The licensed applicator must provide the person contracting
				  for services with the proper materials to provide notification according to the
				  provisions described in this chapter. The licensed applicator must not commence
				  spray activities until the person contracting for the services provides written
				  proof that the notification procedures contained Section IV(B) and (C) have
				  been completed. The person who provides the notification and certifies that the
				  requirements have been fulfilled is responsible for that notification.
B.
Newspaper
				Articles/Advertisements or Written Notices to Property Owners
1. An article about/advertisement of
				rights-of-way, forest vegetation management or other forest pest aerial
				pesticide applications shall be published in a paper of general circulation in
				the affected area at least 3 days but not more than 60 days prior to the
				commencement of the intended spray activity. The article/advertisement shall
				contain the information required in Section I(A) and (B) and shall not be
				limited to a legal notice or;
2. In
				areas where there is no regular newspaper circulation, the person contracting
				for services may substitute individual notice to all landowners within 500 feet
				of the target site. This individual notice shall be provided to the person(s)
				owning property or using residential rental, commercial or institutional
				buildings within 500 feet of the intended target site at least 3 days but not
				more than 60 days before the commencement of the intended spray applications.
				The notice shall contain the information required in Section I(A). For absentee
				property owners who are difficult to locate, certified or equivalent mailing of
				the notice to the address listed in the Town tax record shall be considered
				sufficient notice.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 51 - NOTICE OF AERIAL PESTICIDE APPLICATIONS › Section 026-51-V - Biting Fly and Public Health Pest Applications

Current through 2024-29, July 17, 2024
A.
Responsible Parties
The licensed applicator must provide the person contracting
				  for services with the proper materials to provide notification according to the
				  provisions described in this chapter. The licensed applicator must not commence
				  spray activities until the person contracting for the services provides written
				  proof that the notification procedures contained Section V(B) and (C) have been
				  completed. The person who provides the notification and certifies that the
				  requirements have been fulfilled is responsible for that notification.
B.
Newspaper
				Articles/Advertisements and Written Notice to Property Owners
1. An article about/advertisement of biting
				fly and public health pest aerial pesticide applications shall be published in
				a paper of general circulation in the affected area at least 3 days but not
				more than 60 days prior to the commencement of the intended spray activity. The
				article/advertisement shall contain the information required in Section I(A)
				and (B) and shall not be limited to a legal notice.
2. A written notice shall be provided to the
				person(s) owning property or using residential rental, commercial or
				institutional buildings within 500 feet of the intended target site at least 3
				days but not more than 60 days before the commencement of the intended spray
				applications. The notice shall contain the information required in Section
				I(A). For absentee property owners who are difficult to locate, certified or
				equivalent mailing of the notice to the address listed in the Town tax record
				shall be considered sufficient notice.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 51 - NOTICE OF AERIAL PESTICIDE APPLICATIONS › Section 026-51-VI - Notices to the Board and the Maine Poison Control Center for Other Than Aerial Forest Insect Applications

Current through 2024-29, July 17, 2024
A. A written notice
				shall be given to the Board and the Maine Poison Control Center at least 7 days
				but not more than 30 days prior to the commencement of planned spray
				activity.
B. These notices shall be
				prepared on forms provided by the Board and shall consist of:
1.
Written notice to the Board
a. A description of the proposed spray
				activity including detailed spray application maps showing sensitive areas and
				major public routes of ingress and egress. Use of The Maine Atlas and
				Gazetteer, by DeLorme Mapping Company or some other similar atlas is the
				suggested format for the base map.
b. The date or dates on which spraying is
				proposed to take place.
c. A
				description of the delivery mechanism which shall include the name, address,
				telephone number and license number of the spray contracting firm which will
				carry out the spray activity.
d.
				Pesticide(s) to be used, dilution agent(s), ratio(s) and notation of any
				experimental applications.
e. A
				listing of precautions taken to insure notice to the public, including copies
				of the newspaper notice or the notice given to person(s) owning property or
				using residential rental, commercial or institutional buildings within 500 feet
				of the intended target site.
f. The
				name, address and telephone number of a contact person who will be reasonably
				accessible by telephone and who will make reasonably current and detailed
				information about the project available to the Board promptly upon
				request.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 51 - NOTICE OF AERIAL PESTICIDE APPLICATIONS › Section 026-51-VII - Emergencies

Current through 2024-29, July 17, 2024
A.
Disease Vectors
When the Maine Center for Disease Control and Prevention
				  (CDC) recommends control of disease vectors, government sponsored vector
				  control programs are exempt from this chapter provided that the responsible
				  governmental entity submits the written notice to Board and the written notice
				  to the Maine Poison Control Center as described in this chapter.
B.
Other Emergencies
The Board's staff may grant an emergency variance from the
				  notice requirements set forth in Sections III, IV, V and VI of this chapter if
				  the notice requirements prevent efficacious application of pesticide(s) and the
				  staff determines that an emergency situation exists.
1. An emergency situation:
a. Involves the introduction or dissemination
				of a pest new to or not theretofore known to be widely prevalent or distributed
				within or throughout the United States and its territories; or
b. Will present significant risks to human
				health; or
c. Will present
				significant risks to threatened or endangered species, beneficial organisms,
				unique ecosystems or the environment; or
d. Will cause significant economic loss due
				to:
i. an outbreak or an expected outbreak of
				a pest; or
ii. a change in plant
				growth or development caused by unusual environmental conditions where such
				change can be rectified by the use of a pesticide(s).
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 60 - DESIGNATION OF CRITICAL PESTICIDE CONTROL AREAS › Section 026-60-1 - Procedure

Current through 2024-29, July 17, 2024
A. The Board shall receive, consider and act
				upon petitions for designation of critical pesticide control areas in
				accordance with 5 M.R.S.A., Ch. 375, subchapter II. Citizen petitions shall be
				allowed in accordance with 5 M.R.S.A. §8055. A municipality or county may
				make such petition in accordance with 22 M.R.S.A. §1471-M, sub-§4. In
				addition, the Board's staff may initiate such a petition.
B. The Board shall provide public notice and
				opportunity for public comment on any such petition in accordance with 5
				M.R.S.A., Ch. 375, subchapter II.
C. There shall be opportunity for local
				participation in Board decisions regarding the designation of critical areas,
				as provided by 22 M.R.S.A. §1471-V.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 60 - DESIGNATION OF CRITICAL PESTICIDE CONTROL AREAS › Section 026-60-2 - Information required in Petition

Current through 2024-29, July 17, 2024
Any person or persons petitioning the Board to designate an
				  area as a critical pesticide control area shall submit the following
				  information in support of the petition:
A. The name, address and telephone number of
				the petitioner(s) and a statement of the petitioner's interest in the proposed
				designation.
B. The name of the
				pesticides or group of pesticides for which restrictions are sought.
				Petitioners may seek restrictions on specific formulations which have enhanced
				toxicity, rather than on all products containing the active ingredient. For
				purposes of this regulation, pesticides shall include both active and inert
				ingredients, and carriers used in any pesticide application.
C. The name(s) and address(es) of the
				owner(s) of property within the proposed critical area.
D. A map of the proposed critical
				area.
E. A description of the
				purposes for which the pesticide(s) is or may be applied within the proposed
				area (if known).
F. For petitions
				for designation under criteria of sections 3(A), 3(B) or 3(C), the name(s) of
				the species for which protection is sought and a summary of the data
				establishing adverse effects of pesticides upon the species.
G. For petitions for designation under
				criteria of section 3(D), a copy of any applicable town ordinances, a summary
				of: evidence establishing that the pesticides may enter ground or surface
				water, hydrogeologic data which adequately defines the proposed critical area,
				and evidence establishing that the pesticide(s) may have an adverse effect upon
				the health of current or future users of the ground or surface water.
H. For petitions for designation under
				criteria of section 3(E), a summary of medical and/or epidemiological evidence
				that exposure to the pesticide(s) causes serious and/or longstanding health
				effects to sensitive individuals or groups of individuals.
I. For petitions for designation under
				criteria of sections 3(F) or 3(G), a copy of any management plan for the area
				or species.
J. A description of the
				petitioner's proposed restrictions on the use of pesticide(s) within the
				proposed critical area.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 60 - DESIGNATION OF CRITICAL PESTICIDE CONTROL AREAS › Section 026-60-3 - Criteria for designation

Current through 2024-29, July 17, 2024
The Board of Pesticides Control will use the following
				  criteria to determine whether to designate a critical pesticide control area.
				  Where the Board is persuaded by the evidence that any of these criteria are
				  met, it may designate a critical pesticide control area and adopt additional
				  pesticide use restrictions, prohibitions or management plans for that area as
				  necessary to protect health, welfare and the environment.
A. Areas where use of pesticide(s), without
				additional restrictions, is likely to cause the significant destruction or
				curtailment of the habitat or range of any animal or plant species that:
(1) is listed as endangered pursuant to state
				or federal law; or
(2) is listed as
				threatened pursuant to state or federal law; or
(3) is an invertebrate species ranked G1, G2
				or S1 under the Natural Heritage Program of The Nature Conservancy and which
				is, in the Board's judgment, of natural significance.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 60 - DESIGNATION OF CRITICAL PESTICIDE CONTROL AREAS › Section 026-60-4 - Designated Critical Pesticide Control Area

Current through 2024-29, July 17, 2024
A.
Dennys River Critical Pesticide
				Control Area
(1) The above entitled
				matter having come up for public hearing on 7 March, 1978, at 2:00 p.m. before
				the Pesticides Control Board in Room 102 of the Science Building at the
				University of Maine in Machias; and the Board, having considered the evidence
				and arguments presented, and with a quorum present, has this day voted to
				declare a critical area under provisions of Title 22, Chapter 258-A, Sections
				1471-F and 1471-M(2)(A), within which critical area no aerial application of
				pesticide is to be made without prior approval of the Board of Pesticides
				Control.
(2) The critical area
				herein established is described as follows: Commencing at the dam at the foot
				of Meddybemps Lake and extending down the Dennys River to the Gilman Dam,
				so-called, the critical area shall include all land within one-half mile of
				either bank of the Dennys River; commencing at the Gilman Dam, so-called, and
				extending down the Dennys River to its entrance into Dennys Bay, so-called, the
				critical area shall include all land within one mile of either bank of the
				Dennys River.
FISCAL IMPACT: This rule will not impose any fiscal impact on
				  counties or municipalities.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 70 - ADJUDICATORY PROCEEDINGS › Section 026-70-1 - Purpose

Current through 2024-29, July 17, 2024
These rules are in conformance with the Administrative
				  Procedure Act as promulgated pursuant to
				   5 M.R.S.A.
				  §8051 and the Pesticides Control Board
				  Law
				  22 M.R.S.A.
				  §1471-A
et
				  seq.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 70 - ADJUDICATORY PROCEEDINGS › Section 026-70-2 - Applicability

Current through 2024-29, July 17, 2024
A. These rules apply to proceedings when the
				Board considers the following:
1. The
				application of pesticides in a critical area described pursuant to 22 M.R.S.A.
				§1471-M(2)(A), when a rule establishing the critical area so
				provides;
2. The application of
				pesticides to a water body pursuant to 22 M.R.S.A. §1471-E;
3. The renewal of a previously issued
				certification, license or permit provided for in 22 M.R.S.A.
				§§1471-D, 1471-N, unless the certification, license or permit is
				renewed by other action of the Board;
4. The amendment or modification of a
				certification, license or permit provided for in 22 M.R.S.A.
				§§1471-D, 1471-N;
5. The
				continuation of a temporary suspension of a license, certification or permit
				pursuant to 22 M.R.S.A. §1471-D(7)(C).
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 70 - ADJUDICATORY PROCEEDINGS › Section 026-70-3 - Application to Apply Pesticides to a Critical Area or Water Body

Current through 2024-29, July 17, 2024
A. A written application for permission to
				apply a pesticide under 22 M.R.S.A. §§1471-M(2)(A) or 1471-E shall be
				addressed to the Director, Pesticides Control Board, Department of Agriculture,
				Augusta, Maine, 04333.
B. Such
				application shall contain such information as is requested by the
				Board.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 70 - ADJUDICATORY PROCEEDINGS › Section 026-70-4 - Notice of Right to Hearing

Current through 2024-29, July 17, 2024
A. Upon receipt of
				an application or otherwise when the Board's action is covered by these rules,
				the Board shall give notice to:
1. The person
				or persons whose legal rights, duties or privileges are at issue, by regular
				mail, sufficiently in advance of the anticipated time of the decision to afford
				an adequate opportunity to prepare and submit evidence and argument, and to
				request a hearing if so desired; and
2. The general public, in any proceeding
				deemed by the Board to involve the determination of issues of substantial
				public interest, such notice to be given sufficiently in advance of the
				anticipated time of the decision to afford interested persons an adequate
				opportunity to prepare and submit evidence and argument, and to request a
				hearing if so desired.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 70 - ADJUDICATORY PROCEEDINGS › Section 026-70-5 - Hearings

Current through 2024-29, July 17, 2024
A.
Upon request.
A hearing shall
				be held upon receipt of a request by a person whose legal rights, duties or
				privileges are at issue under these rules. Failure by such person to request a
				hearing within 15 days of receipt of notice as provided in 4 shall be deemed a
				waiver of the right to a hearing.
B.
Board's discretion.
A hearing
				may be held, at the Board's discretion, in any proceedings deemed by the Board
				to involve issues of substantial public interest.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 70 - ADJUDICATORY PROCEEDINGS › Section 026-70-6 - Notice of Public Hearing

Current through 2024-29, July 17, 2024
A. When a hearing
				is to be held, notice shall be given as follows:
1. To the person or persons whose legal
				rights, duties or privileges are at issue, be regular mail, sufficiently in
				advance of the hearing date to afford an adequate opportunity to prepare and
				submit evidence and argument; and
2. In any proceeding deemed by the agency to
				involve the determination of issues of substantial public interest, to the
				public sufficiently in advance of the hearing date to afford interested persons
				an adequate opportunity to prepare and submit evidence and argument and to
				petition to intervene.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 70 - ADJUDICATORY PROCEEDINGS › Section 026-70-7 - Notice to the Public of a Hearing

Current through 2024-29, July 17, 2024
A.
Notice to
				the public.
Notice to the public shall be given:
1. By publication, at least twice in a
				newspaper of general circulation in the area of the state affected;
2. By publication in any other trade,
				industry, professional or interest group publication which the agency deems
				effective in reaching persons who would be entitled to intervene as of right
				under section 12 of these regulations.
3. In any other manner deemed appropriate by
				the Board.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 70 - ADJUDICATORY PROCEEDINGS › Section 026-70-8 - Notice

Current through 2024-29, July 17, 2024
Notice shall consist of:
1. A statement of the legal authority and
				jurisdiction under which the proceeding is being conducted;
2. A reference to the particular substantive
				statutory and rule provisions involved;
3. A short and plain statement of the nature
				and purpose of the proceeding and of the matters asserted;
4. A statement of the time and place of the
				hearing, or the time within which a hearing may be requested;
5. A statement of the manner and time within
				which evidence and argument may be submitted to the Board for consideration,
				whether or not a hearing has been set; and
6. When a hearing has been set, a statement
				of the manner and time within which applications for intervention may be
				filed.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 70 - ADJUDICATORY PROCEEDINGS › Section 026-70-9 - Presiding Officer

Current through 2024-29, July 17, 2024
A.
Presiding
				officer.
The Board may authorize any agency member, employee or agent to
				act as presiding officer in any hearing.
B.
Substitute officer.
Whenever
				a presiding officer is disqualified or it becomes impracticable for him to
				continue the hearing, another presiding officer may be assigned to continue
				with the hearing; provided that, if it is shown that substantial prejudice to
				any party will thereby result, the substitute officer shall commence the
				hearing anew.
C.
Presiding
				officer; duties.
Presiding officers may:
1. Administer oaths and
				affirmations;
2. Rule on the
				admissibility of evidence;
3.
				Regulate the course of the hearing, set the time and place for continued
				hearings, and fix the time for filing of evidence, briefs and other written
				submissions; and
4. Take other
				action authorized by statute or agency rule consistent with 5 M.R.S.A., Chapter
				375, subchapter IV.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 70 - ADJUDICATORY PROCEEDINGS › Section 026-70-10 - Bias of Presiding Officer or Board Member

Current through 2024-29, July 17, 2024
A.
Hearings; impartial.
Hearings
				shall be conducted in an impartial manner. Upon the filing in good faith by a
				party of a timely charge of bias or of personal or financial interest, direct
				or indirect, of a presiding officer or Board member in the proceeding
				requesting that that person disqualify himself, that person shall determine the
				matter as a part of the record.
B.
Counsel.
Notwithstanding 1, the person involved may consult with
				private counsel concerning the charge.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 70 - ADJUDICATORY PROCEEDINGS › Section 026-70-11 - Disposition without Full Hearing

Current through 2024-29, July 17, 2024
A.
Stipulation, settlement, consent order.
The Board may make
				informal disposition of any adjudicatory proceeding by stipulation, agreed
				settlement or consent order.
B.
Default.
The Board may make informal disposition of any
				adjudicatory proceeding by default, provided that notice has been given that
				failure to take required action may result in default, and further provided
				that any such default may be set aside by the Board for good cause
				shown.
C.
Issues
				limited.
The Board may limit the issues to be heard or vary any
				procedure prescribed by these rules or 5 M.R.S.A. Chapter 375, subchapter IV if
				the parties and the Board agree to such limitation or variation, or if no
				prejudice to any party will result.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 70 - ADJUDICATORY PROCEEDINGS › Section 026-70-12 - Intervention As of Right

Current through 2024-29, July 17, 2024
A. Any person
				showing that he is or may be a member of a class which is or may be
				substantially and directly affected by the proceedings, or any other agency of
				federal, state or local government which is or may be substantially and
				directly affected, shall be allowed to intervene as a party to the
				proceedings.
B.
Intervention;
				interested person.
The Board may, by order, allow any other interested
				person to intervene and participate as a full or limited party to the
				proceeding. This subsection shall not be construed to limit public
				participation in the proceeding in any other capacity.
C.
Application.
Application for
				intervention shall be received by the Director no later than five days before
				the commencement of the hearing, except for good cause shown. The application
				shall state the interest of the person or class and the reason it wishes to
				intervene. A copy of the application shall be sent by regular mail to the
				person or persons whose legal rights, duties or privileges are at
				issue.
D.
Decision.
The Board shall either grant or deny the application at the time of the
				hearing, unless all parties agree to an earlier decision.
E.
Participation limited or
				denied.
When participation of any person is limited or denied, the Board
				shall include in the record an entry to that effect and the reasons
				therefor.
F.
Consolidation of
				presentations.
Where appropriate, the Board may require consolidation of
				presentations of evidence and argument by members of a class entitled to
				intervene under subsection (A) of these regulations, or by persons allowed to
				intervene under subsection (B).
G.
Participation.
The Board shall allow any of its staff to appear
				and participate in any adjudicatory proceeding.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 70 - ADJUDICATORY PROCEEDINGS › Section 026-70-13 - Ex Parte Communications; Separation of Functions

Current through 2024-29, July 17, 2024
A.
Communication prohibited.
In
				any adjudicatory proceeding, no Board members authorized to take final action
				or presiding officers designated by the Board to make findings of fact and
				conclusions of law shall communicate, directly or indirectly, in connection
				with any issue of fact, law or procedure, with any person, except upon notice
				and opportunity for all parties to participate.
B.
Communication permitted.
This
				section shall not prohibit any Board member or other presiding officer
				described in subsection (A) from:
1.
				Communicating in any respect with other members of the Board or other presiding
				officers; or
2. Having the aid or
				advice of those members of his own Board staff, counsel or consultants retained
				by the Board who have not participated and will not participate in the Board
				proceeding in an advocate capacity.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 70 - ADJUDICATORY PROCEEDINGS › Section 026-70-14 - Opportunity to be Heard

Current through 2024-29, July 17, 2024
A.
Opportunity for hearing.
The opportunity for hearing in an
				adjudicatory proceeding shall be afforded without undue delay.
B.
Rights.
Unless limited by
				stipulation under 11(C) or by Board order pursuant to 12(B) or 12(F) or unless
				otherwise limited by the Board to prevent repetition or unreasonable delay in
				proceedings, every party shall have the right to present evidence and arguments
				on all issues, and at any hearing to call and examine witnesses and to make
				oral cross-examination of any person present and testifying.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 70 - ADJUDICATORY PROCEEDINGS › Section 026-70-15 - Evidence

Current through 2024-29, July 17, 2024
A.
Rules of privilege.
The Board
				need not observe the rules of evidence observed by courts, but shall observe
				the rules of privilege recognized by law.
B.
Evidence.
Evidence shall be
				admitted if it is the kind of evidence upon which reasonable persons are
				accustomed to rely in the conduct of serious affairs. The Board may exclude
				irrelevant or unduly repetitious evidence.
C.
Witnesses.
All witnesses
				shall be sworn.
D.
Prefiling
				testimony.
Subject to these requirements, the Board may, for the
				purposes of expediting adjudicatory proceedings, require procedures for the
				prefiling of all or part of the testimony of any witness in written form. Every
				such witness shall be subject to oral cross-examination.
E.
Written evidence; exception.
No sworn written evidence shall be admitted unless the author is available for
				cross-examination or subject to subpoena, except for good cause
				shown.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 70 - ADJUDICATORY PROCEEDINGS › Section 026-70-16 - Official Notice

Current through 2024-29, July 17, 2024
A.
Official
				notice.
The Board may take official notice of any facts of which
				judicial notice could be taken, and in addition may take official notice of
				general, technical or scientific matters within their specialized knowledge and
				of statutes, regulations and nonconfidential agency records. Parties shall be
				notified of the material so noticed, and they shall be afforded an opportunity
				to contest the substance or materiality of the facts noticed.
B.
Facts.
Facts officially
				noticed shall be included and indicated as such in the record.
C.
Evaluation of evidence.
Notwithstanding the foregoing, the Board may utilize their experience,
				technical competence and specialized knowledge in the evaluation of the
				evidence presented to them.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 70 - ADJUDICATORY PROCEEDINGS › Section 026-70-17 - Record

Current through 2024-29, July 17, 2024
A.
Record.
In an adjudicatory
				proceeding, the Board shall make a record consisting of:
1. All applications, pleadings, motions,
				preliminary and interlocutory rulings and orders;
2. Evidence received or considered;
3. A statement of facts officially
				noticed;
4. Offers of proof,
				objections and rulings thereon;
5.
				Proposed findings and exceptions, if any;
6. The recommended decision, opinion or
				report, if any, by the presiding officer;
7. The decision of the Board; and
8. All staff memoranda submitted to the
				members of the Board or other presiding officers by Board staff in connection
				with their consideration of the case, except memoranda of counsel to the
				Board.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 70 - ADJUDICATORY PROCEEDINGS › Section 026-70-18 - Subpoena and discovery

Current through 2024-29, July 17, 2024
A. Any party may
				request the issuance of a subpoena by the Board, and the Board may issue the
				same if it first obtains the approval of the Attorney General or of any deputy
				attorney general. Such approval shall be given when the testimony or evidence
				sought is relevant to any issue of fact in the proceeding.
B. When properly authorized, subpoenas may be
				issued by the Board or by any person designated by the Board for that purpose,
				in accordance with the following provisions:
1. The form shall be similar to that used in
				civil cases before the courts. Witnesses shall be subpoenaed only within the
				territorial limits and in the same manner as witnesses in civil cases before
				the courts, unless another territory or manner is provided by law. Witnesses
				subpoenaed shall be paid the same fees for attendance and travel as in civil
				cases before the courts. Such fees shall be paid by the party requesting the
				subpoena.
2. Any subpoena issued
				shall show on its face the name and address of the party at whose request it
				was issued.
3. Any witness
				subpoenaed may petition the Board to vacate or modify a subpoena issued in its
				name. The Board shall give prompt notice to the party who requested issuance of
				the subpoena. After such investigation as the Board considers appropriate, it
				may grant the petition in whole or in part upon a finding that the testimony or
				the evidence whose production is required does not relate with reasonable
				directness to any matter in question, or that a subpoena for the attendance of
				a witness or the production of evidence is unreasonable or oppressive or has
				not been issued a reasonable period in advance of the time when evidence is
				requested.
4. Failure to comply
				with a subpoena lawfully issued in the name of the Board and not revoked or
				modified by the Board as provided in this section shall be punishable by a fine
				of not less than $500 and not more than $5,000, or by imprisonment not to
				exceed 30 days, or both.