09-137 C.M.R. ch. 28, § 11 - Standards for Revocation, Suspension or Denial and the Appeal's Process

1. After review and recommendation by the Advisory Committee the commissioner may deny an application for an ETL permit, ETL instructor permit, or an ETL Administrator authorization if eligibility and application requirements are not met (see section 27.05 and 26.06 ).

2. After review and recommendation by the Advisory Committee the commissioner may suspend, revoke or refuse to renew an ETL permit, ETL instructor permit, or an ETL Administrator authorization pursuant to this rule chapter and Title 5, section 10004:

a. If the ETL, ETL Instructor or ETL Administrator fails to meet the standards of competency established pursuant to section 28.10;

b. If the ETL, ETL Instructor or ETL Administrator fails to meet the qualifications; or

c. If the ETL, ETL Instructor or ETL Administrator is found to be incompetent, negligent or neglectful in the conduct of ETL activities.

3. A person whose application, permit or authorization is revoked, suspended or denied under this paragraph may request a hearing before the commissioner. Following the hearing, the commissioner may issue, reinstate or allow for renewal an ETL permit, ETL instructor permit or ETL Administrator authorization that has been revoked, suspended or denied if the circumstances warrant. The request for a hearing under this paragraph must be made within 30 days of receipt of the revocation, suspension or denial.

4. Hearings. Hearings may be conducted by the commissioner to assist with investigations, to determine whether grounds exist for suspension, revocation or denial of a license, permit or authorization, or as otherwise necessary to implement the provisions of this section and section 12863. The commissioner shall hold an adjudicatory hearing at the written request of a person who has been denied a license, permit or authorization without a hearing for any reason other than failure to pay a required fee, as long as the request for hearing is received by the commissioner within 30 days of the applicant's receipt of written notice of the denial of the application, the reasons for the denial and the right to request a hearing. Hearings must be held in accordance with the adjudicatory proceeding provisions of the Maine Administrative Procedure Act within Title 5, chapter 375, subchapter 4, to the extent applicable. The commissioner may subpoena witnesses, records and documents in any hearing the commissioner conducts.

Notes

09-137 C.M.R. ch. 28, § 11