01-669 C.M.R. ch. 30, § 5 - STOP WORK ORDER

A. A forest ranger of the bureau's Forest Protection Division may issue a stop-work order if the forest ranger has probable cause to believe that a person subject to this rule is violating any provision of 17 M.R.S. §2510, § 2511, or § 2512, or 17-A M.R.S., Chapter 15, or has failed to comply with the contract conditions.

B. The issuance of a stop-work order must be approved by the bureau director or the bureau director's designee.

C. The stop work order shall contain at a minimum the following information:

1. The name and address of the person responsible for conducting the timber harvest;

2. The name and address of the landowner;

3. The Forest Operations Notification number;

4. The location of the timber harvesting activity;

5. A description of the violation of this rule; and

6. The actions that must be taken to resolve the violation .

D. The stop work order will be hand delivered to the person responsible for conducting the timber harvest and the landowner on the harvest site or their last known addresses, if they are in the state. If they are out of state, it will be sent by certified mail, return receipt requested.

E. The stop work order must require that the person responsible for conducting the timber harvest cease the timber harvesting activities immediately. All harvested wood and other forest products, whether on the parcel or in the yard, any wood and other forest products loaded onto a vehicle within the yard must remain on the parcel or in the yard and must not be transported until the stop work order is released.

F. A stopwork order issued pursuant to this section remains in effect until the bureau director or the bureau director's designee issues an order releasing the stopwork order upon finding that the person responsible for conducting the timber harvest has come into compliance with the requirements of this subsection and has paid any penalty assessed under any rule enforced by the bureau.

G. A stopwork order issued pursuant to this subsection against a person responsible for conducting a timber harvest applies to any successor firm, corporation or partnership of the person to whom the stop work order was issued.

H. The issuance of a stop-work order constitutes final agency action.

Notes

01-669 C.M.R. ch. 30, § 5