09-137-7 Me. Code R. § 08

Current through 2024-51, December 18, 2024

Section 137-7-08 - Application Procedures for All Permits

1.Age of Applicants: Applicants must be 18 years of age or older.

2.Application Process

A. Applications for permits to import, possess, propagate, rehabilitate, or exhibit a Restricted Species shall be made on application forms provided by the department.

B. The department will review the application and respond to the applicant with its decision or to request additional information. Decisions will usually be provided within 45 days of the submission of the application.

C. The department will conduct a preliminary review of the application to determine if the applicant meets the basic criteria for the issuance of the permit requested.

D. A site inspection of the facility where the wildlife will be kept may be required before a permit is issued (see section 7.09).

E. The department may issue a conditional approval that requires the applicant to meet additional criteria before a final permit is issued.

F. When a species is intended to be used for the production of agricultural products defined in 7 M.R.S., but is ordinarily considered wildlife pursuant to 12 M.R.S., the permitting authority for that species resides with DIFW and that species is subject to the classifications described in this Chapter 7: Rules for Importation, Possession, Propagation, Rehabilitation, and Exhibition of Wildlife. Any wildlife species proposed for use in agricultural production which has not been identified as a Prohibited, Restricted, or Unrestricted species may be reviewed upon request for classification by consult between DACF and DIFW. The resulting classification of a wildlife species may be referred to the Technical Committee for review pending mutual agreement of the agents of the commissioners for both DACF and DIFW. Agritourism as it relates to the exhibition of exotic wildlife will continue to be regulated by the Department pursuant to 12 M.R.S. §12152 and this rule chapter.

3.Permit Denial: The commissioner may deny a permit request when:

A. The applicant has failed to demonstrate that the purpose for which the permit is sought is legitimate under the law, or has failed to demonstrate that legitimate and appropriate methods for the keeping and care of the species would be utilized.

B. The applicant does not have appropriate facilities or has failed to satisfactorily demonstrate the capability and qualifications to perform the functions required.

C. The applicant has not met the conditions and requirements for issuance established in this Chapter.

D. The applicant has failed to disclose information required or has made false statements as to any material fact in connection with their application.

E. The applicant fails to comply with or respond to a notice of corrective action within the required timeframe. The notice of corrective action may apply to a condition that must be met in order for a permit to be issued, or to a condition that must be satisfied in order for a permit to be renewed.

F. The applicant has been adjudicated of a civil violation, or convicted of any crime relating to the activity for which the permit is sought.

G. The applicant, within the 10 years prior to applying for the permit, has been convicted under a criminal law involving cruelty to animals that is no longer in effect, or within 10 years prior to applying for the permit, has been adjudicated of a civil violation for cruelty to animals under 7 M.R.S. chapter 739 or has been convicted or adjudicated in any other state, provincial or federal court of a violation similar to those specified in this section.

4.Notification: When the Commissioner approves or denies a permit request, a written notification will be sent to the applicant. The decision notice will state the reasons for the denial.

5.Appeal Process: An applicant or permittee under this section who wishes to contest a decision of the department may request an administrative hearing in accordance with 5 M.R.S., chapter 375. The hearing request must be filed in writing to the commissioner within 10 days of receipt of the decision. If a hearing is held, the commissioner may consult with such experts and professionals as may be appropriate to substantiate issues of public health and safety, animal welfare, or other facts relevant to the department's responsibilities under this chapter in making a decision.

6.Transfer of Permits Prohibited; Exception for Importation and Exhibition: Permits are non-transferable; except any persons employed by or under contract to a permitted importer or exhibitor may carry out the authorized activity. A copy of the permit must be carried by the individual while conducting activities under the permittee's supervision.

09-137 C.M.R. ch. 7, § 08