Code of Maine Rules
13 - DEPARTMENT OF MARINE RESOURCES
188 - MARINE RESOURCES - GENERAL
Chapter 94 - SANITARY CONTROL OF MOLLUSCAN SHELLFISH
Section 188-94-13 - Suspension, Revocation or Nonrenewal of Licenses, Permits or Certification
Current through 2024-38, September 18, 2024
If the Commissioner determines that an applicant for renewal of a shellfish license, permit, or certificate is not currently in compliance with shellfish sanitation regulations, failed to report, or has failed to comply with shellfish sanitation regulations during the previous license period, the Commissioner may, in addition to any remedy available, including but not limited to suspension or revocation of the license, permit, or certificate in accordance with the procedures established under the marine resources' laws, refuse renewal of the license, permit, or certificate in accordance with the following procedures:
A. The Commissioner shall advise the applicant for renewal by certified mail, return receipt requested, of the refusal and the grounds for this refusal.
B. The Commissioner shall advise the applicant for renewal that the applicant has a right to request that an adjudicatory hearing be held before the Department in conformity with 5 M.R.S.A., Chapter 375 subchapter IV. The Commissioner shall advise the applicant that the hearing must be requested in writing and that the written request must be received by the Department no later than 10 days of receipt by the applicant of the notice, by certified mail, of refusal to renew the shellfish license, permit or certificate.
C. If an adjudicatory hearing is requested, the Commissioner shall schedule a hearing within 10 days of the Department's receipt of the written request for hearing, unless a longer period is mutually agreed to in writing.
D. Notice of the hearing date, time and location shall be given immediately to the applicant.
