reglab/statecodes huggingface dataset:
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 597 - BUREAU OF EMPLOYMENT SERVICES › Chapter 1 - RULES GOVERNING IMPLEMENTATION OF THE TRADE ADJUSTMENT ASSISTANCE PROGRAM › Section 597-1-4 - SELECTION OF TRAINING METHODS

Current through 2024-29, July 17, 2024
1. Suitable
				training methods may include:
A. On-the-job
				training that includes related education necessary to acquire skills needed for
				a position with a particular occupation in the firm or elsewhere, including
				training for which the firm pays the costs. This ensures that on-the-job
				training provides the skills necessary for the individual to obtain employment
				in an occupation rather than a particular job at a specific site. On-the-job
				training may be approved only if the agency determines that:
(1) No currently employed individual is
				displaced by such eligible worker, including partial displacement such as a
				reduction in the hours of non-overtime work, wages, or employment
				benefits;
(2) Such training does
				not impair existing contracts for services or collective bargaining
				agreements;
(3) In the case of
				training which would be inconsistent with the terms of a collective bargaining
				agreement, written concurrence has been obtained from the concerned labor
				organization;
(4) No other
				individual is on layoff from the same or any substantially equivalent job for
				which such eligible worker is being trained;
(5) The employer has not terminated the
				employment of any regular employee or otherwise reduced the workforce with the
				intention of filling the vacancy so created by hiring the eligible
				worker;
(6) The job for which the
				eligible worker is being trained is not being created in a promotional line
				that will infringe in any way upon the promotional opportunities of currently
				employed individuals;
(7) Such
				training is not for the same occupation from which the worker was separated and
				with respect to which such worker's group was certified pursuant to section 2
				the Act;
(8) The employer is
				provided reimbursement of not more than 50 percent of the wage rate of the
				participant, for the cost of providing the training and additional supervision
				related to the training
(9) The
				employer has not received payment under the TAA program or under any other
				federal law for any other on-the-job training provided by such employer which
				failed to meet the requirements of paragraphs (1) through (6) of this section
				or such other federal law; and
(10)
				The employer has not taken, at any time, any action which violated the terms of
				any certification described in paragraph (8) of this section made by the
				employer with respect to any other on-the-job training provided by the employer
				for which the employer has received payment under the TAA program.
(11) On-the-job training shall not be
				approved for an adversely affected incumbent worker.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 597 - BUREAU OF EMPLOYMENT SERVICES › Chapter 1 - RULES GOVERNING IMPLEMENTATION OF THE TRADE ADJUSTMENT ASSISTANCE PROGRAM › Section 597-1-5 - TAA TRAINING APPROVAL PROCESS

Current through 2024-29, July 17, 2024
The following information shall be considered in the training
				  approval process and documented in the Assessment and Individual Service
				  Strategy:
1.
Background
				Information
. Information about the individual's previous job, title,
				skills, specific duties including any supervision of staff, wages , length of
				tenure, layoff date, and all other supporting information that explains the
				individual's work history;
2.
Education/Training
. Information about the individual's educational
				attainment, highest academic grade completed, other work related or
				professional training undertaken to enhance or upgrade occupational
				skills;
3.
Assessment and
				Labor Market Information
. Information shall be analyzed in order to
				relate the process and results of the individual's assessment to the
				development of the occupational goal and to determine if the occupation shows
				projected growth. In making this determination, the following factors shall be
				considered:
A. The types of interest and
				aptitude tests that were administered. Preferred assessment tools include the
				O'Net Career Exploration Tools, TABE, and GATB;
B. What the results from these assessment
				tools revealed;
C. How the results
				relate to occupational categories;
D. What skills the individual possesses and
				how these skills relate to the employment opportunities in the local labor
				market area;
E. Specific
				difficulties to employment that were identified;
F. The data utilized in the labor market
				analysis, such as job search listings, specific labor market publications, and
				industry projections; and
G. If
				current skills are not in demand in the local labor market, whether the
				individual explored possible relocation to an area where demand for his/her
				current skills exists.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 597 - BUREAU OF EMPLOYMENT SERVICES › Chapter 1 - RULES GOVERNING IMPLEMENTATION OF THE TRADE ADJUSTMENT ASSISTANCE PROGRAM › Section 597-1-6 - REASONABLE COST LIMIT FOR TRAINING

Current through 2024-29, July 17, 2024
Approved training must be provided at a reasonable cost.
				  Approval requires that the training be "at the lowest reasonable cost."
1. The total cost of any TAA training shall
				be considered unreasonable if it exceeds $25,000.
A. A training plan for an individual must be
				at the lowest reasonable cost available to the individual within the commuting
				area. The training must allow him/her to gain suitable employment in the
				workforce in the shortest time period (taking into account that part-time
				training is permitted for workers covered by petitions #70,000; 81,000+ or
				80,000 choosing the 81,000 rules) and offer a reasonable expectation of
				prolonged employment.
B. Training
				that involves transportation or subsistence costs that add substantially to the
				total training costs present the basis for not approving the training, when
				other appropriate training is available.
C. The TAA Coordinator may consider those
				training plans that exceed the reasonable cost limit, if there is an
				extenuating circumstance and if funding is available.
(1) An extenuating circumstance may exist
				when the individual resides in a rural part of the State that has few or no
				training options available within the commuting area, and the travel costs
				increase the overall cost of the plan beyond $25,000
(2) The CareerCenter Case Manager shall
				document that other less expensive training options were explored within the
				commuting area and clarify why this more expensive training is more appropriate
				for this individual.
D.
				An application for training shall not be approved if the training is in an
				occupational area which requires an extraordinarily high skill level and for
				which the total costs of the training are substantially higher than the costs
				of other training that is suitable for the individual.
E. An application for training shall not be
				approved if the average costs of training are unreasonably high in comparison
				with the average costs of training of other individuals in similar occupations
				at other institutions or facilities providing training substantially similar in
				quality, content and results within a similar time frame.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 597 - BUREAU OF EMPLOYMENT SERVICES › Chapter 1 - RULES GOVERNING IMPLEMENTATION OF THE TRADE ADJUSTMENT ASSISTANCE PROGRAM › Section 597-1-7 - SIX CRITERIA FOR APPROVAL OF TRAINING

Current through 2024-29, July 17, 2024
In developing an Individual Service Strategy (employment
				  plan) the CareerCenter Case Manager shall ensure that the following criteria
				  are met and documented:
1. There is no
				suitable employment available for the adversely affected individual.
A. The assessment, Individual Service
				Strategy, case notes, financial information and job search activities report
				forms shall completely summarize the information regarding the individual's
				current skills, work and educational history, current financial status,
				physical and mental capabilities, interests, aptitudes, and capabilities and
				how this information relates to the demands of the current labor
				market.
B. At the time of the
				request for training for an individual, there is no suitable employment
				available for that individual, either in the commuting area, or outside the
				commuting area in which the individual desires to relocate with the assistance
				of the relocation allowance. In addition, there is no reasonable prospect of
				suitable employment becoming available for the individual while he/she is
				receiving unemployment benefits.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 597 - BUREAU OF EMPLOYMENT SERVICES › Chapter 1 - RULES GOVERNING IMPLEMENTATION OF THE TRADE ADJUSTMENT ASSISTANCE PROGRAM › Section 597-1-8 - TRANSPORTATION PAYMENTS

Current through 2024-29, July 17, 2024
1. Transportation
				payments must be computed when determining whether training is available at a
				reasonable cost. A transportation allowance shall not exceed the lesser of:
A. The actual cost of travel, including
				tolls, by the least expensive means of transportation (bus, train, etc.)
				reasonably available between the trainee's home and the training facility;
				or
B. The cost per mile, between
				the trainee's home and the training facility and back, at the prevailing
				mileage rate authorized under the federal travel regulations, and the cost of
				tolls.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 597 - BUREAU OF EMPLOYMENT SERVICES › Chapter 1 - RULES GOVERNING IMPLEMENTATION OF THE TRADE ADJUSTMENT ASSISTANCE PROGRAM › Section 597-1-9 - SUBSISTENCE PAYMENTS

Current through 2024-29, July 17, 2024
Any individual who is participating in TAA approved training
				  outside the commuting area is entitled to receive subsistence payments while in
				  training. The assumption is that the participant is staying overnight,
				  therefore, needing supplemental assistance for lodging and meals. The
				  participant will be paid subsistence payments based on the following
				  criteria:
1. Subsistence payments
				shall not exceed the lesser of:
A. The
				individual's actual expenses for subsistence; or
B. 50 percent of the per diem rate authorized
				under current federal law for the location of the training facility.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 597 - BUREAU OF EMPLOYMENT SERVICES › Chapter 1 - RULES GOVERNING IMPLEMENTATION OF THE TRADE ADJUSTMENT ASSISTANCE PROGRAM › Section 597-1-10 - JOB SEARCH ALLOWANCES

Current through 2024-29, July 17, 2024
A job search allowance shall be granted to an adversely
				  affected individual to assist the individual in securing a job within the
				  United States, including Alaska, Hawaii and Puerto Rico.
1. An application shall be submitted to a
				CareerCenter Case Manager before the job search begins for the job search
				allowance to be granted. The job search may not be approved until after the
				individual who has been totally or partially separated is covered under a
				certification, as defined in this Chapter.
2. A job search allowance application may be
				approved only if submitted before:
A. The
				365th day after the date of the certification under which the individual is
				covered, or the 365th day after the date of the individual's last total
				separation, whichever is the later; or
B. The 182nd day after the concluding date of
				approved training.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 597 - BUREAU OF EMPLOYMENT SERVICES › Chapter 1 - RULES GOVERNING IMPLEMENTATION OF THE TRADE ADJUSTMENT ASSISTANCE PROGRAM › Section 597-1-11 - RELOCATION ALLOWANCE

Current through 2024-29, July 17, 2024
A relocation allowance shall be granted to an adversely
				  affected worker to assist the individual and the individual's family with
				  relocation within the United States, including Alaska, Hawaii and Puerto Rico.
				  Relocation shall not be granted to more than one member of a family with
				  respect to the same relocation. A relocation allowance may be granted to an
				  individual only once under a certification.
1. An application shall be submitted to the
				CareerCenter Case Manager before the relocation begins in order for the
				relocation allowance to be granted, and the relocation may not be approved
				until after the individual who has been totally or partially separated is
				covered under a certification.
2.
				An application for relocation allowance may not be approved unless submitted
				before:
A. The 425th day after the date of the
				certification under which the individual is covered, or the 425th day after the
				date of the individual's last total separation, whichever is later;
				or
B. The 182nd day after the
				concluding date of approved training,
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 597 - BUREAU OF EMPLOYMENT SERVICES › Chapter 1 - RULES GOVERNING IMPLEMENTATION OF THE TRADE ADJUSTMENT ASSISTANCE PROGRAM › Section 597-1-12 - DETERMINATION/REDETERMINATION PROCESS

Current through 2024-29, July 17, 2024
1. An individual's
				official eligibility determination to participate in the TAA program is
				initiated by completing a "Request for Determination of Initial Entitlement to
				TAA/TRA." Upon completion of the Request for Determination, the individual
				shall also be advised of the services available through the TAA program,
				including supportive services, transportation allowances, subsistence payments,
				job search allowances and relocation allowances.
2. The completed form is submitted to the TRA
				Coordinator at the Bureau of Unemployment Compensation, who verifies employment
				information with the worker's employer to determine if the individual meets the
				necessary separation criteria and then determines the program and monetary
				eligibility.
A. Assistance shall be provided
				for the completion of all TAA Program related forms. In most instances, group
				sessions will be held to assist individuals with completing the
				forms.
B. Once completed, the forms
				shall be forwarded to the TRA Coordinator. A determination of the Request for
				Determination of Initial Entitlement to TAA/TRA shall be made within 10 working
				days from the receipt date or separation date, whichever is later.
C. Once a determination is made, the TRA
				Coordinator shall mail to the individual a copy of his/her TAA and TRA approval
				or denial. Appeal rights in cases of denials shall be clearly designated on the
				determination forms sent to the individual.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 597 - BUREAU OF EMPLOYMENT SERVICES › Chapter 1 - RULES GOVERNING IMPLEMENTATION OF THE TRADE ADJUSTMENT ASSISTANCE PROGRAM › Section 597-1-13 - ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE FOR OLDER WORKERS (ATAA)

Current through 2024-29, July 17, 2024
(applies to workers covered by TAA/ATAA petitions filed
				  before May 18, 2009)
1.
Applicability
. This section applies to groups of workers certified
				by the United States Department of Labor as eligible to apply for ATAA pursuant
				to a TAA/ATAA petition filed before May 18, 2009 or numbered 80,000 -
				80,999.
2.
Application and
				determination
. An application for ATAA must be filed within two years of
				the first day of qualifying reemployment. The TAA coordinator will make a
				written determination regarding eligibility within 5 business days of receipt
				of the application. A worker has the right to appeal an adverse determination
				in accordance with the procedure established in Section 12, paragraphs 4-10.
3.
Eligibility
. To be
				eligible for ATAA an individual must, at the time of reemployment:
A. Be a member of a group of workers
				certified to apply for ATAA under the Trade Act.
B. Be at least 50 at the time of
				reemployment.
C. Obtain
				reemployment by the last day of the 26th week after the worker's qualifying
				separation from the TAA/ATAA certified employment.
D. Be expected to earn no more than $50,000
				annually in gross wages (excluding overtime pay) from the
				reemployment.
E. Be reemployed not
				less than 35 hours per week in one or more jobs, which may include
				self-employment.
F. Cannot return
				to work at the employment from which the individual was separated. This means
				the worker cannot return to the same division or facility from which he or she
				was separated, nor can the worker return to do the same or similar work for the
				employer that he or she was separated from in another division or
				facility.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 597 - BUREAU OF EMPLOYMENT SERVICES › Chapter 1 - RULES GOVERNING IMPLEMENTATION OF THE TRADE ADJUSTMENT ASSISTANCE PROGRAM › Section 597-1-14 - REEMPLOYMENT TRADE ADJUSTMENT ASSISTANCE (RTAA)

Current through 2024-29, July 17, 2024
(applies to workers covered by TAA petitions filed on or
				  after May 18, 2009)
1.
Applicability
. This section applies to groups of workers certified
				by the United States Department of Labor as eligible to apply for RTAA pursuant
				to a TAA petition numbered 70,000-79,999 or 81,000+ or 80,000 choosing the
				81,000 rules.
2.
Application
				and determination
. An application for RTAA must be filed within two
				years of the first day of qualifying reemployment. The TAA coordinator will
				make a written determination regarding eligibility within 5 business days of
				receipt of the application. A worker has the right to appeal an adverse
				determination in accordance with the procedure established in Section 12,
				paragraphs 4-10.
3.
Eligibility
. To be eligible for RTAA an individual must, at the
				time of reemployment:
A. Be a member of a
				group of workers certified to apply TAA under the Trade Act.
B. Be at least 50 at the time of
				reemployment.
C. Is employed in one
				or more jobs (which may include self-employment)
(i) at least 35 hours per week and is not
				enrolled in a TAA training program, or
(ii) at least 20 hours per week and is
				enrolled full-time in an approved TAA training program, provided that a worker
				with justifiable cause for failing to participate in training for a week, but
				is working at least 20 hours may receive RTAA for that week. "Justifiable
				cause" means such reasons as would justify failing to participate for a
				reasonable individual in like circumstances, including but not limited to
				reasons beyond the individual's control and reasons related to the individual's
				capability to participate in or complete an approved training
				program.
D. Be expected
				to earn no more than $55,000(certs 70,000-79,999) or $50,000(certs 81,000+ or
				80,000 choosing the 81,000 rules) annually in gross wages (excluding overtime
				pay) from the reemployment.
E. Is
				not reemployed at the firm from which the individual was
				separated.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 597 - BUREAU OF EMPLOYMENT SERVICES › Chapter 2 - RULE GOVERNING THE COMPETITIVE SKILLS SCHOLARSHIP PROGRAM › Section 597-2-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Bureau
is the Maine
				Department of Labor, Bureau of Employment Services.
2.
Department
is the Maine
				Department of Labor.
3.
Commuting area
means the 50-mile radius, by road, from the
				participant's place of residence.
4.
Dependent child
means a child
				under 19 or under 24 if full time student residing with the applicant more than
				half the year or is a person with a disability of any age and did not provide
				more than 50% of their own support.
5.
High compensation
means
				median wages that are at or above the median wage for all occupations in
				Maine.
6.
Occupation in
				significant demand
means an occupation with a projected growth rate that
				is equal to or greater than the average growth rate for all occupations in
				Maine.
7.
Household or
				family
means the applicant or participant and all persons residing in
				his or her residence that are related by blood, marriage, domestic partner
				registration or decree of court, and are his or her spouse, registered domestic
				partner, guardian, parent or a dependent child. However, the following
				individuals are considered a separate household of one:
a) a person who is living with his/her
				family, who is not married, who is eighteen (18) years or older and who is
				receiving less than 50% maintenance from the family and is not one of the
				parents of the family;
b) person
				fourteen(14) years or older who is not married and not living with his/her
				family, and
c) a disabled
				individual fourteen (14) years of age or older. (NOTE: if an applicant with a
				disability is eligible based on income and family size if he/she is not treated
				as a separate household, he/she need not be treated as a separate
				household.)
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 597 - BUREAU OF EMPLOYMENT SERVICES › Chapter 2 - RULE GOVERNING THE COMPETITIVE SKILLS SCHOLARSHIP PROGRAM › Section 597-2-2 - ELIGIBILITY

Current through 2024-29, July 17, 2024
1.
Criteria.
Within the limits of available program resources (taking into account on going
				commitments to current participants), an applicant will be eligible for CSSP if
				the applicant applying for CSSP meets the following:
A. Resident of and lives in Maine.
B. Is at least 18 years of age or enrolled in
				the ECCTEP;
C. Is legally eligible
				to work in the United States;
D.
				Does not have a postsecondary degree that is marketable in Maine;
E. Has income of less than 200% of the
				poverty level for the household size as calculated in paragraph 2 of this
				section;
F. Is seeking education or
				training for an occupation approved according to Section
				4
;
G. Has the ability to undertake and complete
				the education or training program. Anapplicant's ability is determined pursuant
				to Section 6.3.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 597 - BUREAU OF EMPLOYMENT SERVICES › Chapter 2 - RULE GOVERNING THE COMPETITIVE SKILLS SCHOLARSHIP PROGRAM › Section 597-2-3 - APPLICATION AND DECISION

Current through 2024-29, July 17, 2024
1.
Application
.
Applications will be made available to
				individuals at the CareerCenter and on the CareerCenter website as funding and
				training opportunities are available. Original signed applications must be
				submitted to the CareerCenter. ECCTEP applicants under the age of 18 must have
				their application signed by a parent or legal guardian, except in the case of
				emancipated minors. Applications submitted more than six months in advance of
				the applicant's intended start of their education or training program will not
				be considered for CSSP.
2.
Eligibility determination
.
Eligibility is
				determined in a two-stage process. Stage One; initial eligibility is determined
				based on review of the applicant's age, Maine residency, household income, and
				eligibility to work in the United States pursuant to Section
				2. 1. A. B. C and E. In Stage Two, the
				CareerCenter works with the applicant who is initially eligible to assess the
				lack of a market able postsecondary degree pursuant to Section 1.9; ability to
				succeed in their program pursuant to Section 6.3 and whether the employment
				goal meets the criteria of Section
				4. If the assessment determines that the
				applicant lacks a marketable postsecondary degree, has the ability to succeed
				and that their employment goal meets the criteria of Section
				4, they are fully eligible for CSSP.
3.
Decisions.
The case manager and the participant
				will develop an ISS pursuant to Section 6. The ISS must list the services that
				will be provided pursuant to this Rule. The ISS, and any amendments to an ISS,
				constitute a decision and must be printed, signed by the participant, and a
				copy provided to the participant. A decision regarding initial eligibility, the
				applicant's ability to succeed in their program, or whether the program meets
				the requirements of Section
				4 may be appealed under Section
				7. Every decision regarding initial
				eligibility, ability to succeed or the program meets the requirements of
				Section
				4 must be in writing, must be
				sufficiently specific for the applicant or participant to understand why it is
				made, and must be given in hand or mailed to the applicant or
				participant.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 597 - BUREAU OF EMPLOYMENT SERVICES › Chapter 2 - RULE GOVERNING THE COMPETITIVE SKILLS SCHOLARSHIP PROGRAM › Section 597-2-4 - HIGH COMPENSATION OCCUPATION SWITH DEMAND FOR SKILLED LABOR

Current through 2024-29, July 17, 2024
1.
Choosing industries and
				occupations
. The education or training provided through CSSP
				must be for full-time employment with high compensation occupations with
				significant demand for skilled labor in Maine. The industries that meet these
				criteria are chosen by the following process:
A.
Review of Statewide recommendations.
At least annually, the Commissioner will review recommendations and
				labor market analysis from the Maine Department of Labor's Center for Workforce
				Research and Information (CWRI) listing high compensation occupations in
				significant demand in Maine, will seek a recommendation from the State
				Workforce Investment Board , and will approve a final list (hereinafter
				referred to as the "occupations list") annually . Once approved, the list will
				be posted on the Maine Career Center website on the Competitive Skills
				Scholarship Page.
B.
Regional
				and industry specific recommendations.
If a regional organization,
				including a Local Workforce Investment Board established pursuant to the
				Workforce Investment Act, a business or business organization, industry
				partnership, an educational institution, a labor organization or similar group,
				perceives a demand for an occupation or occupations with high compensation in
				their region that are not included on the approved occupations list, they may
				petition the Commissioner by sending a letter of request with supporting
				evidence of high demand and high compensation to include them.
C.
Individual petition.
An
				applicant who seeks to pursue training or education for an occupation in Maine
				that is not on the occupations list, may petition by letter the Director of the
				Bureau for a determination that the education or training that they seek may be
				supported by CSSP. The petition will be granted if the applicant can
				demonstrate that the occupation offers high compensation and is in sufficient
				demand that the applicant is likely to find employment in the region(s) where
				they intend to seek work. To demonstrate demand, applicants must include
				documented evidence from at least one employer that the occupation being
				requested for inclusion on the approved occupations list is a high-wage, high
				demand occupation in Maine.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 597 - BUREAU OF EMPLOYMENT SERVICES › Chapter 2 - RULE GOVERNING THE COMPETITIVE SKILLS SCHOLARSHIP PROGRAM › Section 597-2-7 - APPEALS

Current through 2024-29, July 17, 2024
1.
Appeal to CSSP Program
				Manager.
An applicant or participant (or parent or legal
				guardian of an applicant or participant who is a minor) who is dissatisfied
				with a CareerCenter's decision related to the eligibility for or the provision
				of CSSP services has the right to file a written appeal with the CSSP Program
				Manager within 30 days of the decision. If no appeal is filed, the CareerCenter
				decision shall become final. If the customer files a written appeal within ten
				(10) days of a decision to terminate the participant from the program or
				terminate or reduce assistance provided for in a currently effective ISS, then
				the decision will not be implemented pending the outcome of the administrative
				appeal process. Any writing may be used to file an appeal. The CSSP Program
				Manager will issue a written decision within fifteen(15) days of the filing of
				the appeal. The decision may reflect an agreed resolution to the appeal or, if
				no agreed resolution was reached, it will reflect the CSSP Program Manager's
				decision.
2.
Appeal
				of CSSP Program Manager's Decision
.
The applicant or
				participant (or parent or legal guardian of an applicant or participant who is
				a minor) may appeal the CSSP Program Manager's decision by filing a written
				request for a hearing by a hearing officer. The request must be filed with the
				Program Manager within 30 days of the date of issuance of the CSSP Program
				Manager's Decision. If no appeal is filed, the Program Managers decision shall
				become final. The 30-day appeal period may be extended up to 15 additional days
				if the individual can show good cause for failing to appeal within the initial
				30-day period. Upon receiving a request for a hearing, the Program Manager
				shall forward it, together with a copy of the decision being appealed, to the
				hearing authority designated by the Department.
The Administrative Hearing Officer shall conduct a hearing in
				  accordance the
Maine Administrative Procedure Act
5 M.R.S.A.
				  ch. 375, subchapter 2 and render a decision within 30 days of the hearing
				  request. The Hearing Officer may affirm, set aside, modify or remand the CSSP
				  Program Manager's decision. A hearing decision affirming, setting aside or
				  modifying the CSSP Program Manager's decision pursuant to this section is final
				  agency action and may be appealed to the Superior Court.
3.
Notices.
All
				decisions regarding eligibility for CSSP or regarding the benefits provided
				under CSSP, including the ISS, must be in writing and must provide notice to
				the applicant or participant of his or her right to appeal to the Program
				Manager, and if dissatisfied with that decision, to appeal by requesting a fair
				hearing. CareerCenter staff shall assist applicants or participants who express
				a desire to file an appeal or hearing request with the process.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 597 - BUREAU OF EMPLOYMENT SERVICES › Chapter 2 - RULE GOVERNING THE COMPETITIVE SKILLS SCHOLARSHIP PROGRAM › Section 597-2-8 - GENDER EQUITY

Current through 2024-29, July 17, 2024
The CSSP goal for placing participants in education or
				  training leading to non traditional occupations (NTOs) is the same as for any
				  policy in WIOA that is designed to provide an incentive for greater enrollment
				  into NTOs. In addition to tracking NTO training and job placements, the
				  Department will track participation based upon occupational goal and level of
				  education required by gender.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 597 - BUREAU OF EMPLOYMENT SERVICES › Chapter 2 - RULE GOVERNING THE COMPETITIVE SKILLS SCHOLARSHIP PROGRAM › Section 597-2-9 - LIMIT ON ADMINISTRATION AND CAREER COUNSELING

Current through 2024-29, July 17, 2024
Beginning in state fiscal year 2008-2009, the Department
				  shall expend no more than ten percent of the annual revenue to the Competitive
				  Skills Scholarship Fund on career counseling and administrative costs.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 1 - WATERCRAFT EXCISE TAX DECAL › Section 188-1-02 - Definitions

Current through 2024-29, July 17, 2024
The definitions set forth in 36 M.R.S. Chapter 112 shall
				  apply to the terms used in this chapter.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 1 - WATERCRAFT EXCISE TAX DECAL › Section 188-1-03 - Placement of Excise Tax Decal

Current through 2024-29, July 17, 2024
A. On watercraft
				documented under the laws of the United States and not registered pursuant to
				
				12 M.R.S. §13056, the excise tax decal
				shall be displayed on the wheelhouse or forward topsides so that the decal is
				visible clearly to observers of the port and starboard sides of the
				watercraft.
B. On watercraft more
				than twenty (20) feet in length that are not registered under
				12
				M.R.S. §13056 and not documented under
				the laws of the United States, the excise tax decal shall be displayed on both
				sides of the bow so as to be visible clearly to observers.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 1 - WATERCRAFT EXCISE TAX DECAL › Section 188-1-04 - Rules Governing the Inspection of Watercraft by a Marine Patrol Officer

Current through 2024-29, July 17, 2024
A.
Safety
				Requirements for Watercraft
1. All
				watercraft shall meet the requirements specified in 12°M.R.S. Chapter 935,
				as amended, and the U.S. Federal Boating Safety Act of 1971 ( 46 U.S.C.A.
				§1451,
et seq
., as amended).
2. At the time the Marine Patrol Officer
				arrives within the vicinity of the stopped watercraft, the Marine Patrol
				Officer will make his intentions known to the operator and/or occupants of the
				watercraft.
3. A Marine Patrol
				Officer may inspect the documents, licenses and permits of the watercraft and
				conduct an inspection of the watercraft to determine compliance with the state
				and federal safety requirements designated above.
4. The Marine Patrol Officer will notify the
				Commissioner of Marine Resources in writing of any person or persons who fail
				to submit for inspection under
				12 M.R.S.
				§6133(1).
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 2 - AQUACULTURE LEASE REGULATIONS › Section 188-2-07 - Pre-Application Requirements for Standard Leases

Current through 2024-29, July 17, 2024
Pre-Application meeting. The applicant shall attend a
				  pre-application meeting with DMR staff and the harbormaster(s) and/or a
				  municipal officer or other designee(s) of the municipality(ies) in which the
				  proposed lease is located to discuss the proposal. The purpose of the meeting
				  shall be:
1. For the applicant to
				introduce the proposal to the municipal officers and the Department;
2. For the applicant and the Department to
				gain local knowledge from the municipal officers; and
3. To define the environmental baseline or
				characterization requirements and other informational needs, including
				approximate location of the lease site, that the Department determines are
				necessary.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 2 - AQUACULTURE LEASE REGULATIONS › Section 188-2-08 - Application Procedures for Standard Leases

Current through 2024-29, July 17, 2024
1. Draft application submission. An applicant
				must file a draft lease application, and must make a reasonable effort to
				provide all required information as outlined in Chapter 2.10. The nonrefundable
				draft application fee is $500.
A. If
				additional information is required, the Department will respond requesting
				further information within 30 days of receipt of the draft lease
				application.
B. If a draft
				application is not submitted within 4 months following the pre-application
				meeting, the applicant must complete the pre-application meeting requirement as
				outlined in Chapter 2.07 again prior to filing a draft application. The
				Commissioner may provide an exemption from this requirement for no more than 9
				months following of the pre-application meeting for good cause
				shown.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 2 - AQUACULTURE LEASE REGULATIONS › Section 188-2-10 - Application Requirements for Standard Leases

Current through 2024-29, July 17, 2024
1. Required Elements. In addition to
				requirements specified in 12 M.R.S.A. §
									6072(4), the
				following information is required for an application to be determined complete:
A. A description of the location of the
				proposed lease by corner coordinates or boundaries with coordinates for one
				starting point.
(1) Siting Restrictions:
a) A lease may not be located within the
				300:1 dilution zone around a wastewater treatment facility unless only marine
				algae or seaweed shall be cultured on the site for purposes other than human
				consumption and applicants have provided satisfactory evidence to the
				Department that the site is for remediation purposes only, or there is a plan
				for destruction or compost.
b) A
				lease must be one contiguous tract except where:
(i) A geographic feature, navigation corridor
				or existing uses of the area require that the lease area be divided into no
				more than two tracts and the distance between the tracts is no greater than one
				half mile; or
(ii) A two-tract
				lease is part of a site rotation or fallowing management scheme that is a
				component of a biosecurity plan approved by the Department, and the two tracts
				are proximate and of similar environmental characteristics as determined by the
				Department.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 2 - AQUACULTURE LEASE REGULATIONS › Section 188-2-12 - Multiple Ownership

Current through 2024-29, July 17, 2024
1. Corporate
				Applicants. Corporate applicants for aquaculture lease(s) shall include the
				following information in their application:
A.
				The date and state in which incorporated and a copy of the Articles of
				Incorporation;
B. The names,
				addresses, and titles of all officers;
C. The names and addresses of all
				directors;
D. Whether the
				corporation, or any stockholder, director or officer has applied for an
				aquaculture lease for Maine lands in the past, and the outcome or current
				status of that application or lease;
E. The names and addresses of all
				stockholders who own or control at least 5% of the outstanding stock and the
				percentage of outstanding stock currently owned or controlled by each such
				stockholder;
F. The names and
				addresses of stockholders, directors or officers owning an interest, either
				directly or beneficially, in any other Maine aquaculture leases, as well as the
				quantity of acreage from existing aquaculture leases attributed to each such
				person under paragraph 3 below; and
G. Whether the corporation or any officer,
				director, or shareholder listed pursuant to Chapter 2.12 (1)(E) has ever been
				convicted of or adjudicated to be responsible for any violation of any marine
				resources or environmental protection law, whether state or federal.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 2 - AQUACULTURE LEASE REGULATIONS › Section 188-2-15 - Notice of Lease Application and Hearing

Current through 2024-29, July 17, 2024
1. Notice
				of Completed Application. At the time that a final application is determined to
				be complete in accordance with Chapter 2.08(6), the Department shall make a
				copy of the completed application available to riparian owners within 1,000
				feet of the proposed lease and to the municipality or municipalities, including
				the harbormaster if applicable, in which the proposed lease would be
				located.
2. Timing of Public
				Hearing. Hearings on applications will not be held until the Department has
				completed the required site review(s). Site review(s) shall be conducted at a
				time of year that the Department determines appropriate to adequately evaluate
				the proposed location.
3. Notice of
				Public Hearing. At least 30 days prior to the date of the public hearing, the
				Department shall provide notice of the hearing as required by 5 M.R.S.A. §
									9052 and by mail or email to the
				following persons:
A. By mail to known
				riparian owners as listed in the application;
B. The applicant; and
C. Any state agency the Department determines
				should be notified, including the Department of Environmental Protection when
				the application includes activities that have a discharge into the waters of
				the State, Department of Inland Fisheries and Wildlife, and the Department of
				Agriculture, Conservation and Forestry.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 2 - AQUACULTURE LEASE REGULATIONS › Section 188-2-20 - Intervention

Current through 2024-29, July 17, 2024
1. Forms
The Commissioner shall on request supply application forms
				  for intervenor status and require the submission of the following
				  information:
A. The identity of
				intervenor applicant;
B. A
				description of the manner in which the intervenor applicant may be
				substantially and directly affected by the granting of a proposed lease. This
				description shall include information describing the intervenor applicant's
				existing use of the proposed lease area.
C. A description of intervenor applicant's
				objections, if any, to the proposed aquaculture lease.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 2 - AQUACULTURE LEASE REGULATIONS › Section 188-2-25 - Agency File

Current through 2024-29, July 17, 2024
1. Upon receipt of
				an aquaculture lease application, the Commissioner shall open an agency file,
				which shall include all written correspondence from parties and non-parties
				concerning the application and memoranda of oral communications between the
				department and parties and non-parties concerning the lease
				application.
2.
Public
				Inspection
The agency file shall be open for public inspection by prior
				  appointment during normal business hours. The Department will supply copies of
				  the file contents to any person for a charge according to the Department
				  schedule.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 2 - AQUACULTURE LEASE REGULATIONS › Section 188-2-27 - Department Site Review

Current through 2024-29, July 17, 2024
1. On site
				Inspection
A. An inspection of the proposed
				aquaculture site and the immediate surrounding area will be conducted by the
				Department. To help facilitate the site inspection, the Department may require
				an applicant to place visible markers which delineate the area proposed to be
				leased.
B. Information obtained on
				site will include but will not necessarily be limited to bottom composition,
				depth and features; typical flora and fauna; relative abundance of commercial
				and recreational species; evidence of fishing activity; distances to shore; and
				navigation channels and moorings.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 2 - AQUACULTURE LEASE REGULATIONS › Section 188-2-29 - Prehearing Conference

Current through 2024-29, July 17, 2024
The Commissioner may hold a prehearing conference if the
				  complexity of the issues or other factors indicates that a prehearing
				  conference would aid in the determination of issues raised by the application.
				  The Commissioner may issue a procedural order which sets forth the procedure to
				  be followed by the parties with regard to such issues as the pre-filing of
				  testimony, the conduct of the hearing and the closure of the
				  record.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 2 - AQUACULTURE LEASE REGULATIONS › Section 188-2-30 - Aquaculture Lease Hearing Procedures

Current through 2024-29, July 17, 2024
1. General
				Conduct
The hearing shall be conducted in accordance with the
				  adjudicatory proceeding provisions of 5 M.R.S.A. Chapter 375. At any time prior
				  to the hearing, the presiding officer may require that all or part of the
				  testimony to be offered at the hearing be filed with the Department in written
				  form at a prescribed time prior to the hearing. All persons offering testimony
				  in written form must be present at the hearing and subject to
				  cross-examination. This subsection shall not be construed to prevent oral
				  testimony at a scheduled hearing by any member of the public who is not a
				  party.
2.
				Continuance
All hearings conducted pursuant to these
				regulations may be continued by the presiding officer for reasonable cause and
				reconvened from time to time and place to place by the presiding officer. The
				presiding officer shall provide reasonable notice to the parties and the public
				of the time and place of such reconvened hearing.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 2 - AQUACULTURE LEASE REGULATIONS › Section 188-2-31 - Evidence

Current through 2024-29, July 17, 2024
1. Documentary and Real Evidence
A. All documents, materials and objects
				offered and accepted as evidence shall be numbered or otherwise identified and
				included in the record. Documentary evidence may be received in the form of
				copies or excerpts if the original is not readily available. The presiding
				officer may require any person offering documents or photographs as exhibits to
				submit a specified number of copies unless the document or photograph is
				determined to be unsuitable for reproduction.
B. All written testimony and documents,
				materials and objects submitted into evidence shall be made available during
				the course of the hearing for public examination.
C. The agency record shall be submitted as
				documentary evidence in the hearing record.
Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 2 - AQUACULTURE LEASE REGULATIONS › Section 188-2-35 - Hearing Officer Report

Current through 2024-29, July 17, 2024
1. In the event
				that an aquaculture lease hearing is conducted by a hearing officer other than
				the Commissioner, the hearing officer may prepare a report, including proposed
				findings of fact, conclusions of law and, at the Commissioner's request, a
				recommended decision. A copy of the hearing officer's report shall be provided
				to each party by regular or electronic mail and each party shall have 10 days
				to file responses or exceptions to the report, beginning 3 days after the date
				of postmark or the date the electronic mail was sent.
2. In submitting responses and exceptions,
				parties may submit a petition to the hearing officer to correct mis-statements
				of fact in the report. The hearing officer may correct any mis-statements of
				fact in the report prior to submission of the report to the
				Commissioner.
3. The report shall
				be submitted to the Commissioner with the parties' responses and
				exceptions.
4. Nothing in this
				section shall prevent the Commissioner from reaching a decision based solely on
				the record, after review of the hearing tape or transcript and after review of
				the hearing record.