Current through 2024-38, September 18, 2024
A.
Issuance
of New Certificate of Registration. Upon determination that an applicant
meets the requirements of Section 4, the Department shall issue a certificate
of registration, which is valid for one year.
(1) The Agency may incorporate in the
certificate of registration at the time of issuance or thereafter by
appropriate rule, regulation or order, such additional requirements and
conditions, with respect to the registrant's receipt, possession, use and
transfer of tanning facilities, as it deems appropriate or necessary to protect
the public health.
(2) Except as
provided in Section 4(A), no person shall operate a tanning facility until the
Department has issued the certificate of registration, pursuant to 22
M.R.S.§677(2).
B.
Expiration of Certificate of Registration. Except as provided in
Section 5(C)(2), each certificate of registration shall expire after 12 months
of issuance, or upon an expiration date to be determined by the
Department.
C.
Renewal of
Existing Certificate of Registration
(1) Application for renewal of a certificate
of registration shall be filed in accordance with Section 4.
(2) In any case in which a registrant has
filed a renewal application in proper form no later than 30 days prior to the
expiration of its existing registration, such existing registration shall
remain in effect until the Department has taken final action on its renewal
application.
D.
Report of Changes
(1) The registrant
shall notify the Department in writing within 30 days of making any change
which would render the information reported pursuant to Section 4(D) no longer
accurate.
(2) In addition to the
requirement of 5(D)(1), mobile facilities will notify the Department by
telephone within 5 days of any changes to the information provided under
Section 4(C)(5).
(3) This
requirement shall not apply for changes involving replacement of designated
original equipment lamp types with lamps which have been certified with the FDA
as "equivalent" lamps under the FDA regulations and policies applicable at the
time of replacement of the lamps. The facility owner shall maintain
manufacturer's literature demonstrating the equivalency of any replacement
lamps.
E.
Transfer No certificate of registration shall be transferable. A person
purchasing an existing business must submit a new application.
F.
Approval Not Implied. No
person, in any advertisement, shall refer to the fact that a facility is
registered with the Agency pursuant to the provisions of Section 4, and no
person shall state or imply that any activity under such registration has been
approved by the Department.
