Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 201 - HEALTH INSPECTION PROGRAM ADMINISTRATION RULE
Section 144-201-4 - APPLICATION AND LICENSING

Universal Citation: 10 ME Code Rules ยง 144-201-4

Current through 2024-38, September 18, 2024

A. Fees. Unless otherwise stated in this section, applicants must pay the appropriate license fee to the Department at the time of submitting the application. Fee amounts for each license are outlined in Section 5 of this rule. If the Department receives overpayment, then the check or money order will be returned to the applicant. The applicant must re-submit the correct fee payment, in order for the Department to continue its review of the application. If the Department receives an under payment, then the applicant will be contacted for the remainder of the fee. The applicant must re-submit the correct fee payment, in order for the Department to continue its review of the application.

1. The fee amount for any establishment governed by this rule may be found in Section 5 of this rule.

2. No fee is assessed for non-profit organizations that are exempted by licensing requirements and by 22 MRS §2501, which allow such organizations to conduct 24 or fewer events and meals per year.

3. License fees established herein provide for one licensure inspection and one follow-up inspection, in accordance with 22 MRS §2494. When additional inspections are necessary, the Department is authorized to charge an additional $100 fee for each additional inspection or visit.

4. If the Department returns a check to an applicant or licensee, due to insufficient funds, then payment by credit card, bank check or money order must be delivered in place of the check. In cases where the applicant or licensee fails to pay by the required method of payment, the Department will consider any licensed issued as a result of such insufficient payment to be issued in error.

B. Complete application. A complete application for a license must be filed with the Department, along with full license fee payment. License applicants must also comply with the following:

1. Be at least 18 years of age;

2. Include a floor plan of the establishment;

3. Include a water testing report, if the establishment has its own well or source and does not meet the Drinking Water Program requirements to be a regulated Public Water System (PWS). If the establishment pays a water bill and receives its water from a municipality or water district, or has a PWS ID#, then a water test report is not required as part of the application;

4. Include a written approval statement from the local plumbing inspector, on the "Local Review and Verification Form" within the application, for applicants with private septic systems;

5. Eating establishment applicants, in addition to the requirements of the Maine Food Code (10-144 CMR Ch. 200, § 8-302), must include the following information with their application at least 30 calendar days prior to opening:
a. Menu or draft menu;

b. Eating establishment business plan;

c. Kitchen or food preparation area plan; and

d. Copy of a valid CFPM certificate for the establishment's Person in Charge, if applicable, in accordance with Section 2(A) of this rule.

6. Campground applicants, in addition to other application requirements for applicants in the Rules Relating to Campgrounds at 10-144 CMR Ch. 205, must include a site plan of the campground operations; and

7. Public pool/spa operator applicants, in addition to other application requirements for applicants in the Rules Relating to Public Pools and Spas (10-144 CMR Ch. 202), must include a valid certified pool operator certificate.

8. Youth Camp applications, in addition to other application requirements for applicants in the Youth Camp Rule at 10-144 CMR Ch. 208, must include a site plan of the youth camp operations.

C. Application requirement for changes. In addition to the requirement to submit license applications for new licenses, a license application is also required whenever a licensee's establishment or building where the licensing action is occurring, undergoes new construction or extensive renovation. A new license application is required for any change of ownership, including any change in LLC or corporate structure that results in a member assuming controlling interest from the original licensee.

An updated license application must be submitted for new construction or extensive renovation of a youth camp to include complete plans for the proposed renovated or expanded facilities demonstrating compliance with this rule.

D. Department review and decision. The Department will review applications within 30 days of receipt of the completed application and full license fee payment. The Department will, in its review, determine whether to grant a full license, deny the license, issue a restricted license or issue a conditional license.

1. When the Department determines that all application and fee requirements are satisfied according to Section 4(A) and (B) above, a pre-operational inspection will be scheduled by a health inspector. If the inspection is satisfactory, a license will be issued within 30 days of receiving a completed license application.

2. Denial of application for license When the Department determines that conditions present a serious danger to the health and safety of the public, or the actions required to correct the conditions are impossible to complete under a conditional license, then the Department will deny the license application. The Department will notify the applicant of its denial of application within 30 days of receipt of the completed application and fee payment. This notification of license denial from the Department shall include the following:
a. The specific reasons and relevant rule citations for the license denial;

b. The actions, if any, that the applicant must take to qualify for a license; and

c. Notice of the applicant's right of appeal and the process and time frames for appeal that are provided in this rule.

3. Conditional licenses. When the Department decides to issue a conditional license to an applicant, it will notify the applicant of the specific reasons and relevant rule citations for the conditional license, the specific conditions and actions required to receive a full license, the duration of the conditional license, as well as notice of the applicant's right of appeal and the process time frames for appeal provided in this rule. Conditional licenses will only be issued by the Department when it determines that the conditions are such that they may be achieved within the conditional licensing period.
a. The Department shall issue a conditional license for a specific length of time that is in accordance with managing public health risk.

b. Failure by the conditional licensee to meet the conditions specified by the Department is grounds for the Department to void the conditional license.

c. If the conditional licensee submits another license application, but the conditions from the previous conditional license are still not met, then the Department will not issue the new or renewed license.

4. Restricted licenses. The Department may place restrictions on licenses, when there is a greater public health risk, which include, but are not limited to, under-sized septic systems, inadequate water quality or any other public health risk. Restrictions may include requiring single-service articles, bottled water exemptions, water meters, limiting meal service or any other requirement that protects public health.

E. Licensing

1. Any person, corporation, firm or co-partnership who conducts, controls, manages or operates, for direct or indirect compensation, any eating establishment, lodging place, sporting/recreational camp, youth camp, campground, or recreational vehicle park, must be licensed by the Department.

2. Campground License and Event/Temporary Camping License: If a campground or other business accomodates five or more tents or recreational vehicles on its commercial lot, it is presumed that the owner or renter of the lot is receiving compensation for the use of a campground, regardless of the explicit fees charged or advertised, and therefore requires a license in accordance with this rule and 22 MRS § 2492(E). The owner or renter may rebut the presumption, if the owner or renter presents a preponderance of evidence to the contrary, in accordance with 22 MRS §2492 (3).
a. Event/Temporary Camping License: In lieu of issuing a campground license, the Department may issue an event/temporary camping license when the following criteria are presented to the Department:
i. The event is a single continuous event lasting no more than 11 consecutive nights; or

ii. The event is a series of shorter noncontinuous events, each lasting no more than 4 nights and not exceeding 50 nights in any calendar year;

iii. Potable water is provided from a non-public water system, and the applicant reports satisfactory water test results at the time of application and annually to the Department; or

iv. Toilets: At least one portable toilet is offered for every 150 people.

b. Event/Temporary Camping License Requirements: The event/temporary camping license requirements are the same requirements for the temporary campground license within the Rules Relating to Campgrounds (10 -144 CMR Ch. 205, § 10).

c. Campground License Requirements: A campground license is required if the conditions of sections 4(E)(2)(a) (i) and (ii) of this rule are not met. This requirement provides further clarification to the requirements within the Rules Relating to Campgrounds (10-144 CMR Ch. 205, § 10(E)).

3. Licenses, conditional licenses and certificates, must be displayed in a place readily visible to customers or other persons using a licensed establishment. Inspection reports and Department correspondence shall be made readily available to the public, upon request. The Department will ensure that medically identifiable information is removed from inspection reports, in accordance with 22 MRS §42(5).

4. Term. The Department shall issue licenses for a term of one year for all licenses described in this rule, under 22 MRS Ch. 562.

5. Compliance. Licensees are responsible for ensuring compliance with this rule and all other applicable rules and statutes, which include but are not limited to the following:
a. Any establishment subject to this rule and serving drinking water from its own well or surface water source as a public water system defined in 22 MRS § 2601(8) must comply with the Water for Human Consumption Act (22 MRS Ch 601) and the Department's Rules Relating to Drinking Water (10-144 CMR Ch 231).

b. A Bed and Breakfast may serve alcoholic beverages to only its guests, at any time of the day, upon receipt of a an appropriate license from the Maine Bureau of Alcoholic Beverages and Lottery Operations, in accordance with Title 28-A MRS § 1061-A and its rules at 18-553 CMR Chapters 101 (Operation and Control of All Licensed Premises) and 102 (Premises Licensed for On-Premises Consumption Only).

c. Any eating establishment that allows the consumption of alcoholic beverages on its premises must provide a toilet facility, in accordance with 22 MRS §1686-A.

d. Any establishment serving alcoholic beverages must be appropriately licensed for such service by the Maine Bureau of Alcoholic Beverages and Lottery Operations and comply with 28-A MRS Part 3.

e. Any establishment subject to this rule must comply with all applicable codes and requirements related to ensuring a building's safety, including the following:
i. fire prevention and protection;

ii. electrical code; and

iii. plumbing code

6. Renewal of licenses: The Department will notify licensees of an upcoming license renewal at least 30 days prior to the current license expiration date. The licensee must demonstrate compliance with Department rules, including, but not limited to, the Maine CDC Drinking Water Program's Rules Relating to Drinking Water (10-144 CMR Ch. 231) and Subsurface Wastewater Disposal Rules (10-144 CMR Ch. 241). When the Department is determining whether to renew a license, it will review the licensee's compliance history. When the Department finds that the licensee is in non-compliance or has demonstrated a pattern or history of noncompliance, the Department may either deny the renewal or issue a conditional license instead of full renewal.
a. All establishment licenses are renewed annually, upon both payment of a fee and demonstration of compliance with Maine statutes and rules.

b. It is the responsibility of the licensee to renew licenses prior to the expiration date. Operation of the licensed activity after the license expiration date without renewing the license is prohibited.

c. The Department will deny renewal of a license when conditions exist where the violations are not corrected by the Department's deadlines or the licensee has repeatedly incurred the same violations after technical assistance and guidance, or the Department determines that correction of existing violations is not likely to be achieved during a conditional license and/or there is an immediate threat to public health and safety.

d. Pursuant to 22 MRS § 2498(3)(B), eating establishment, lodging place, campground, youth camp, sporting or recreational camp, public pool and spa licensees must pay all collectible fines to the Department prior to the Department renewing a license.

7. No license granted by the Department may be transferred or assigned.

8. The issuance of the license does not provide exemption from other State or local laws, ordinances or regulations, notwithstanding any other provision of law.

9. Licenses erroneously issued by the Department are considered void and must be returned to the Department.

F. Right to Appeal. Appeals by an applicant or licensee, in accordance with 5 MRS Ch. 375, are limited to appeals contending that a licensing decision by the Department misapplied applicable laws, procedures or rules.

1. The following Department actions are subject to appeal:
a. Issuance of a conditional license;

b. Amendment, modification or restriction on a license;

c. Voiding of a conditional license;

d. Voiding of a license issued erroneously by the Department;

e. Determination of violation of a variance;

f. Denial of issuing a new license or denial of renewal of a license; or

g. Assessment of administrative penalties.

2. When appealing, the applicant or licensee shall request a hearing, in accordance with the instructions provided by the Department correspondence, this rule and the Department's Administrative Hearings Regulations at 10-144 CMR Ch. 1.
a. The request must state in writing the specific issue(s) being appealed; and

b. The request must be submitted to the Department within 30 days of receipt of notice of Department action subject to the right of appeal.

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