Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
001 - AGRICULTURE - GENERAL
Chapter 751 - RULES GOVERNING ARBORIST LICENSING, TESTING, AND ENFORCEMENT IN THE STATE OF MAINE
Section 001-751-9 - PROCESSING COMPLAINTS

Universal Citation: 01 ME Code Rules ยง 001-751-9

Current through 2024-38, September 18, 2024

A. The Department may, on its own motion or upon the complaint of any person, investigate the conduct and activities of any person holding an arborist license. Any person filing a complaint with the Department against an arborist must submit, in writing, a detailed description of the conduct or activities which are the subject of the complaint, as well as copies of any written contracts, photographs and other documentary evidence relating to the complaint.

B. Complaints will be processed following guidelines formulated by the Department. Such guidelines are available from the Department upon request.

C. The person against whom an investigation is initiated shall be notified by the Department of the investigation as soon as possible, but no later than 60 days after the complaint is received.

D. The person against whom an investigation is initiated shall have 30 days from receipt of notification of the investigation to respond to the Department in writing.

E. If, after investigation, the Department determines that a factual basis exists concerning a violation of any statute, standard or regulation relating to arborist licensing, the Department may take any of the following actions it deems appropriate:

1. Enter into a consent agreement with the person; or

2. Accept voluntary surrender of the person's arborist license; or

3. Hold an adjudicatory hearing in conformance with the Maine Administrative Procedure Act (5 MRSA, Chapter 375, Subchapter IV), including the right to present and cross examine witnesses, for the purpose of determining whether or not to renew the person's arborist license.

4. Refer the matter to the Attorney General's Office for an enforcement action.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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