Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 223 - RULES RELATING TO TANNING FACILITIES
Section 144-223-6 - DENIAL, SUSPENSION OR REVOCATION OF A REGISTRATION

Current through 2024-38, September 18, 2024

A. The Department may, for good cause shown, deny, seek to suspend or revoke a registration sought or issued, pursuant to these regulations, for any of the following reasons:

(1) Submission of incorrect, false or misleading information in the application and reports;

(2) Failure to operate or maintain the tanning facility, in accordance with the application, approved by the Department, except as such maintenance may involve the replacement of lamps by "equivalent" lamps which have been defined in Section 5(D)(3);

(3) Operation of the tanning facility in a way that causes or creates a nuisance or hazard to the public health or safety;

(4) Violation of any rules, regulations, standards, or requirements adopted by the Department;

(5) Violation of any condition upon which the registration was issued;

(6) Failure to allow duly authorized agents of the Department to conduct inspections at reasonable hours and in a reasonable manner; and

(7) Failure to pay any registration or inspection fees.

B. Notice of Violation: Before instituting any proceeding to modify, suspend or revoke a certificate of registration or to take other action for alleged violations of any provision of these rules, the Department will serve on the registrant a written notice of violation. The notice of violation will state the alleged violation and will require that the registrant submit a written explanation or statement in reply within 20 working which includes the following;

(1) Corrective steps which have been taken to date;

(2) Schedule of corrective steps which will be taken; and

(3) The date when full compliance will be achieved.

C. Hearing: If any certificate of registration is conditioned, denied, suspended, or revoked, the applicant or registrant may request a hearing within 10 working days of receipt of the written decision, in accordance with the Maine Administrative Procedure Act, 5 M.R.S., Chapter 375, Sub-chapter 4 and the Department's Administrative Procedures Manual, 10-144 C.M.R., Chapter 1. A request for an administrative fair hearing should be made in writing and addressed to the Manager, Radiation Control Program.

In addition to recourse to an administrative hearing, an aggrieved applicant or registrant may request an informal review of the Department's decision by writing to the Manager, Radiation Control Program. Such a request must be made within 10 working days of receipt of the decision. If an applicant or registrant is dissatisfied with the decision of the informal review, an administrative fair hearing may be requested within 10 days of receipt of the informal review decision.

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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