10-144 C.M.R. ch. 202, § 11 - VARIANCES AND APPEALS

A. Variances

1. A public pool or spa operator may submit a request for a variance from these Rules. The variance request must be in writing and must state the following:

a. The reason(s) for the variance request; and

b. The reason(s) why the specific requirement(s) of the rules cannot be met.

2. The Department will review the request for a variance and respond in writing within 30 days.

B. Appeals

Anyone aggrieved by a decision of the Department in regard to these rules may request an administrative hearing in conformance with the Administrative Procedure Act, 5 MRSA Chapter 375. The request must be in writing and must specify the reasons for the appeal. The written request must be submitted to the Department no later than 30 days from receipt of notice of the Department's decision. All hearings must be conducted in accordance with the Department's Office of Administrative Hearings - Administrative Hearing Regulations (10-144 CMR 1).

Notes

10-144 C.M.R. ch. 202, § 11