Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 201 - HEALTH INSPECTION PROGRAM ADMINISTRATION RULE › Section 144-201-3 - DELEGATION OF INSPECTION DUTIES TO MUNICIPALITIES

Current through 2024-29, July 17, 2024
A.
				Pursuant to  22 MRS §2499, the Department may delegate authority to a
				municipality to conduct inspections. Delegated municipalities must enter and
				adhere to a memorandum of understanding with the Department, in order to engage
				in these duties.
B. In delegated
				municipalities, the Department continues to be the State of Maine licensing and
				enforcement authority, and may issue a license to establishments on the basis
				of an inspection performed by an inspector who works for, and is compensated
				by, the municipality in which such establishment is located.
C. The following conditions must be met:
1. The municipality has adopted the most
				recent rules or ordinances, which were approved by the Department and are
				consistent with the Department's rules and statutes for such licensure at the
				time of inspection.
2. A
				municipally-employed health inspector may not inspect any establishment under
				this rule, unless certified as qualified by the Department.
3. The Department may, from time to time,
				inspect such municipally-inspected establishments, to ascertain that the intent
				of this rule is being followed.
4.
				Delegated municipalities must use the same operating system, hardware and
				screen resolution that the Department uses, in order for the Department to
				properly record and store inspection and complaint information.
5. The delegated municipalities are
				responsible for ensuring that all establishments within their jurisdiction
				renew their State of Maine license, prior to renewing their municipal license.
				An establishment operating without the necessary State of Maine license will
				result in the establishment being assessed an administrative penalty, as
				specified in this rule. The Department may allow a dual municipal/State of
				Maine license, issued by the delegated municipality on the Department's
				behalf.
6. When the Department
				issues a license on the basis of a municipal inspection, the licensee shall pay
				a fee to the Department in the amount of $100, to support the costs of
				shipping, handling and record keeping.
7. Licenses issued by the Department under
				such delegation must be displayed, renewed, and, in every other way, treated as
				the same license issued through inspections by the Department.
8. The Department will certify each
				municipally-employed health inspector every three years. No
				municipally-employed health inspector may conduct inspections under the
				provisions of this rule, unless he or she is duly certified. Such certification
				will be determined by the Department's review of the inspector's formal and
				informal training and education, and other such criteria, such as staff
				competency, enforcement and compliance status, inspection practices, attendance
				at training meetings and seminars, and record of routine reporting to the
				Department.
9. Every three years,
				the Department will review each delegated municipality's entire inspection
				program.
10. Delegated
				municipalities may not charge the Department for performing such
				inspections.
11. Delegated
				municipalities may not post or release protected health information or medical
				information that could reasonably be used to identify a person, except to the
				Department, or in accordance with law, due to this information being
				confidential as described in  22 MRS §2499(9).
12. Delegated municipalities shall determine
				the primary language of individuals requesting licensing and inspection
				services and ensure that the services are provided, either by a qualified
				interpreter when English is not the primary language, or a qualified sign
				language interpreter. These municipalities shall obtain the service at their
				own expense and shall not charge the establishment or the Department for this
				service.
These delegated municipalities shall use only qualified
				  in-house interpreters or Maine-State approved interpreters found at
www.maine.gov
.
Vendors are approved in each of the following areas:
American Sign Language Interpretation
					 Services;
											In-Person Spoken Language Interpreting;
											Telephonic Interpreting Services; and
											Video Remote Interpreting Services
13.
				Delegated municipalities shall respond to after-hour calls and holiday
				emergencies to the greatest extent practicable, understanding that vacation and
				sick time may prevent those health inspectors from responding. Expenses shall
				be incurred by the delegated municipalities, and these expenses may not be
				charged to the Department for such calls and emergencies. The Department will
				provide back-up coverage for after-hour calls and holiday emergencies, in the
				event that a delegated municipal health inspector is sick or on vacation, and
				no other delegated municipal inspector is able to cover their
				district.