10-144 C.M.R. ch. 201, § 10 - APPEALS

A. Right to appeal Department Decisions: The Department may:

1. Deny a license application;

2. Void a conditional license or license issued in error, or refuse to renew a license, when it determines that the applicant or licensee failed to comply with Department rules or law;

3. Assess penalties/fines in accordance with Section 8 of this rule.

In such cases, the establishment applicant or licensee is afforded the opportunity to request an administrative hearing in writing within 30 days of the Department's decision and in accordance with the Department's Administrative Hearings Regulations (10-144 CMR Ch. 1).

B. Collection of penalties/fines prior to Department renewal of license: Any eating establishment, lodging place, campground, sporting/recreational camp, youth camp, public pool or public spa licensees who are fined pursuant to this rule are required to pay the full amount of any collectible penalties/ fines to the Department. If any of these licensees have not paid any collectible penalties/fines by the date of license renewal, then the Department will only process the renewal of the license after collecting such payment.

C. Stay during appeal: An appeal of the Department's decision to assess a penalty/fine against any licensee stays the collection of any penalty/fine. Interest must accrue on penalties at a rate described in 14 MRS §1602, prior to the completion of any appeal. After the completion of any appeal process, or after any appeal period has passed, interest must accrue, pursuant to 14 MRS §1602-A.

D. License issued in error: The Department has the right to void any license issued in error, when the Department inadvertently grants a new or renewed license but further discovery identifies that the license should not have been issued. Examples of the Department issuing a license in error include, but are not limited to, the following:

1. The Department discovered that the applicant's or licensee's operation does not actually meet the license definitions in statute and rule;

2. The Department determined that the license application was not complete;

3. The Department inadvertently issued the license before license fees or administrative penalties were paid, or payment was determined to originate from an account with insufficient funds;

4. The Department discovered that the applicant or licensee failed to correct violations prior to licensure or renewal;

5. The Department determined that the applicant or licensee did not actually satisfy conditions of a conditional license; or

6. The Department renewed a license for an existing establishment that changed ownership without the Department's knowledge.

Notes

10-144 C.M.R. ch. 201, § 10