Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
001 - MAINE MILK COMMISSION
Chapter 13 - AGRICULTURAL FAIRS PERFORMANCE EVALUATION
SUMMARY: This Chapter outlines procedures and forms to be used by the Commissioner in evaluating the quality of Agricultural Fairs pursuant to 7 M.R.S.A. §62.
PURPOSE
The purpose of these regulations is to establish as objective a method as possible and a procedure for evaluating the quality of agricultural fairs. These rules clarify to all sponsors and operators of fairs the criteria used to evaluate the quality of agricultural fairs. It is intended that the criteria should be applied equitably to all fairs and that every fair be given the same opportunity to meet the standards established by the Commissioner.
FAIR EVALUATION COMMISSICN
To advise him in evaluating the performance of agricultural fairs, the Commissioner shall establish an Agricultural Fair Evaluation Commission. It shall be composed of five members who are currently, or have been previously associated with the operation of a licensed agricultural fair. Terns shall be for three years except that of the initial appointees. of the initial appointees, two shall serve two years, two shall sever three years and one shall serve one year, as designated by the Commissioner at the time of appointment.
Commissioner shall appoint a chairperson. All determinations of the Commission shall be advisory to the Commissioner.
Members nay be reimbursed for expenses incurred in accordance with the reimbursement procedure and rules prescribed by Department of Finance and Administration.
EVALUATION PROCEDURES
All licensed Agricultural Fairs shall be evaluated annually. At least one month prior to the beginning of the first agricultural fair the Commissioner shall assign members of the committee to evaluate each fair. He may also assign Department staff to evaluate the fairs. Committee members and staff shall use forms established by these regulations.
EVALUATION REPORT
After discussion of all committee member's ratings of fairs, the committee shall submit its report to the Commissioner after the closing of the last fair in the season, no later than November 1. The committee's report to the Commissioner shall include a recommended rating of each fair according to the three categories. "Very Good", "Adequate", or "Poor". in cases where the rating is "Poor"# the committee will list its findings and recommend improvements to upgrade the rating for the following year. The Commissioner may also seek the recommendation of Department staff.
The Commissioner shall issue his report no later than November 15th. The Commissioner's report shall include a rating of each fair with his documentation of his reasons for rating a fair "Poor".
The evaluations and committee reports shall be kept on file in the Department of Agriculture for at least four years.
The Commissioner shall mail to each fair a copy of the Committee's fair evaluation report and a copy of his report, no later than November 30.
SATISFACTORY PERFORMANCE
A fair receiving a rating of "Very Good" and "Adequate" shall be deemed to be satisfactorily conducting an agricultural fair under the statute and, therefore, shall qualify to receive the proportional share of the stipend fund ( 7 M.R.S.A.62 ).
A fair which receives a rating of "Poor" for three years -in a row will be considered not meeting the performance standards established by these regulations and, therefore, not satisfactory under the statute and not qualified to receive its share of the stipend fund.
If a fair does not qualify to receive a stipend in any year, it may still apply for and, if qualified, receive a license to conduct a fair in subsequent years, provided that the fair meets the requirement for an agricultural fair. (Departments' Regulation 01-001, Chapter 12.) If that fair is evaluated as "Adequate" or *Very Good" in any year, subsequent to the year it was disqualified for eligibility for the stipend, it will be again eligible to receive the stipend for that subsequent year.
APPEAL PROCESS
A fair which was disqualified from receipt of a stipend may appeal to the Commissioner for reconsideration within 15 days of receiving the ruling. The appeal shall set forth with specificity the reasons for disagreement with the findings of the Commissioner, using the Fair
Evaluation Reports and Commissioner's reports of the three previous years, where appropriate.
The Commissioner may grant or deny the appeal or give notice of a hearing within ten (10) days of receipt of the appeal. The Commissioner's recommendations shall be based upon those factors which are appropriate for rating of agricultural fairs under these regulations.
