Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 881 - FEES: CHEMICAL USE IN CHILDREN'S PRODUCTS
Section 096-881-6 - Appeal

Any person wishing to contest the amount of a fee imposed under this section must pay the fee by the due date specified in the department invoice and file a petition in writing with the commissioner requesting a refund. The petition must state the name of the petitioner; the date and the amount paid; the amount of the fee that is contested; and any reasons why the commissioner may not impose the fee. The commissioner may grant or deny the petition. If denied in whole or part, the commissioner shall provide the petitioner with a written decision explaining the basis for denial. The decision may be appealed to the board as provided in the department Rules Concerning the Processing of Applications and Other Administrative Matters, 06-096 CMR 2 (effective April1,2003).

NOTE: The Legislature authorized final adoption of this chapter until February 1, 2013. See Resolves 2009, chapter 194, section 1. Section 2 of the Resolve requires the department toexamine the first 2 years of experience regarding any fees assessed under this chapter and to report its findings to the joint standing committee of the Legislature having jurisdiction over natural resources matters no later than February 1, 2013. The report must identify the reporting fees and alternatives assessment fees actually assessed, the actual costs to the department and the priority chemicals that were the basis for the fees. The report must also include a description of the process used by the department to contract for preparation of independent reports on the availability of safer alternatives. Following its review of the report, the committee may submit a bill to the First Regular Session of the 126th Legislature regarding fees related to chemical use in children's products.