06-096-531 Me. Code R. § 13

Current through 2024-51, December 18, 2024

Section 096-531-13 - Revocation or Suspension

A.Authority. Notwithstanding Title 5, section10051, after written notice and opportunity for a hearing pursuant to Title 5, chapter 375, subchapter 4, the Commissioner may revoke or suspend a certification whenever the Commissioner finds that any of the criteria set forth in section 14 of this chapter has been met.

B.Action Initiated by Commissioner. If the Commissioner decides to initiate proceedings to revoke or suspend a certification, the Commissioner shall provide the certified operator with written notice and opportunity for a hearing. The written notice shall state which of the criteria listed in section 14 of this chapter is being invoked and the factual basis for the Commissioner's decision to initiate proceedings.

C.Hearing. The certified operator must request a hearing within 15 days of the Commissioner's written notice of opportunity for a hearing. If the certified operator requests a hearing, it shall be held within 45 days of the request for a hearing unless the Commissioner and the certified operator agree to another time.

D.Conduct of Hearings. Hearings shall be held in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter 4, and the Department's rules governing adjudicatory hearings.

E.Commissioner's Decision. Based on the administrative record, including evidence developed during any hearing, the Commissioner may decide that no action is warranted, or may make findings of fact that one or more of the criteria listed in section 14 has been met and revoke or suspend the certification. The Commissioner's decision to revoke or suspend a certification may include provisions requiring the owner or operator of the affected facility or facilities to take action necessary to protect human health or the environment.

F.Decision Discretionary. A decision by the Commissioner to dismiss a proceeding to revoke or suspend a certification, or take no action at the conclusion of the hearing is within the Commissioner's sole discretion and is not subject to judicial review. For appeals of the Commissioner's decisions to revoke or suspend a certification see section 15 of this chapter.

06-096 C.M.R. ch. 531, § 13