02-041-27 Me. Code R. § 2-1

Current through 2024-51, December 18, 2024
Section 041-27-2-1 - Application for Initial Licensure of a School

The applicant shall submit the information and documentation described below on forms provided by the Director, along with the fee required by chapter 10, section 5(8) of the rules of the Office of Professional and Occupational Regulation, "Establishment of License Fees," and such other information as the Director may require:

1. The owner's name, or the name of the Maine Department of Education approved Career and Technical Education (CTE) secondary school of learning, and contact person, contact address, telephone number and email address;
2. The trade name or business name under which the school will operate;
3. The school's physical and contact address, telephone number, email and if applicable, world wide web address;
4. Type of ownership or operation (i.e., partnership, corporation, limited liability company or sole proprietorship), to include the following:
A. If a sole proprietor, the name, contact address, telephone number, fax number, email address and social security number of the applicant.
B. If a partnership, the name, contact address, telephone number, fax number, email address and federal employer identification number of the partnership; the name and contract address of each partner; and the name of the partner who will be representing the applicant in matters relating to licensure by the Director.
C. If a corporation, the name, contact address, telephone number, fax number, email address and federal employer identification number of the corporation; the name of the parent company, if any; the name, title and contact address of each corporate officer and director; the name and contact address of each shareholder owning 10 percent or more of the voting stock of the corporation; a certificate of existence from the corporation's state of organization and, for corporations not organized under Maine law, a certificate of authority from the Maine Secretary of State, if such certificate is required by 13-C M.R.S. §1501; and the name of the corporate officer who will be representing the applicant in matters relating to licensure by the Director.
D. If a limited liability company, the name, contact address, telephone number, fax number, email address and federal employer identification number of the limited liability company; the name and contact address of each member and manager; a certificate of existence from the Maine Secretary of State or, for limited liability companies not organized under Maine law, a certificate of authority or certificate of qualification from the Maine Secretary of State; and the name of the member or manager who will be representing the applicant in matters relating to licensure by the Director.

This subsection does not apply to a Maine Department of Education approved Career and Technical Education school.

5. Course(s) of study to be offered by the school, such as:
1) aesthetics;
2) barbering;
3) cosmetology;
4) limited barbering;
5) nail technology; and/or
6) instructing.
6. The school's daily hours of operation.
7. A scaled floor plan of the school that details the purpose of each area of the school including, but is not limited to: entrances; exits; dispensary; clinic; student practice laboratory; theory classroom; public reception area; product retail center; shampoo sinks; utility sinks; work stations; student library; student lounge center; product and equipment stock; supply and storage room; offices and public restroom facilities. If the school is part of a commercial building, the applicant shall include an additional scaled drawing and floor plan of the entire premises showing the relative position of the prospective school area and the location of all entrances, restrooms and storage areas.
8. A self-completed checklist attesting to compliance with requirements. A license is issued in reliance on the truthfulness and accuracy of the checklist. The information reported on the checklist is subject to verification upon inspection. Sanctions may be imposed, including suspension or revocation of licensure, if the information reported is found to be false.
9. Schools not served by a Public Water System, as defined in 22 M.R.S. §2601(8), shall have the water supply tested for Total Coliform bacteria and nitrates by a laboratory certified by the Department of Health and Human Services Drinking Water Program within six (6) months of application for initial licensing. A current list of certified laboratories can be found at www.medwp.com.

Water quality must meet the following standards to be considered satisfactory:

A. Total Coliform bacteria - Zero (0) colony forming units of Coliform bacteria per 100 milliliters of sample; and
B. Nitrates - A maximum of ten (10) milligrams per Liter.

Water supplies found to be unsatisfactory will require another test within six (6) months of the date of any unsatisfactory test. The results of the water test shall be submitted to the Director within ten (10) days of receipt. In the interim, a sign shall be posted indicating that the water is unsatisfactory until the water has been tested and is proven to be satisfactory.

10. A current certificate of occupancy, where required by local ordinance, or a copy of the plumbing certificate, or a copy of the establishment's internal plumbing permit signed by the local plumbing inspector affirming that the plumbing for the establishment is compliant with the Uniform Plumbing Code as adopted by the Plumbers' Examining Board, and a copy of the certificate affirming that the electrical for the establishment is compliant with the National Electrical Code as adopted by the Electricians' Examining Board.
11. Evidence of a surety bond in accordance with 32 M.R.S. §14246.
12. Financial statement in accordance with 32 M.R.S. §14246(2)
13. Evidence of professional liability insurance for each school licensed that covers students and employees and public liability insurance, each for at least $300,000 per occurrence/ $600,000 aggregate limits.
14. Schedule of the tuition rate for each course offered, and a schedule of all other fees that may be assessed to the student including, but is not limited to: fees related to registration; enrollment; books; supplies; practice kit; product; other tools and equipment costs and document fees.
15. For each planned course of study that will be offered, the school shall submit the following:
A. Curriculum, course outline, instructional schedule and daily lesson plan;
B. Orientation materials and overview of all subjects taught;
C. Testing and assessments;
D. Teaching aids; and
E. The name of the licensed instructor(s) who will teach the course, including the instructor's license number and license expiration date.
16. Copy of the admission requirements for students, which demonstrate conformity with the requirements set forth in subchapter 3, section 14 of this chapter.
17. Copy of the student enrollment application form and enrollment contract form that are consistent with the requirements of this chapter.
18. Copy of the school's student refund policy, class attendance policy, harassment policy, student and school employee conduct policies, student record keeping and requests for records access policies and procedures, school catalog, promotional materials and circulars.
19. A roster of instructional and faculty staff members, to include each staff member's full name, contact address, email address, job title and short job description, date of hire, and type of Maine practice and instructor license with the license number and license expiration date. Any changes to this roster must be reported, in writing, within ten (10) days of the change.
20. Consistent with the requirements set forth in subchapter 3, section 8(5) of this chapter, a copy of the teach-out plan for the closure of a school.

02-041 C.M.R. ch. 27, § 2-1