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ETL Administrator authorization that has been revoked, suspended or denied if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
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