Section 144-201-3 - DELEGATION OF INSPECTION DUTIES TO MUNICIPALITIESA. Pursuant to 22 MRS §2499, the Department may delegate authority to a municipality to conduct inspections. Delegated municipalities must enter and adhere to a memorandum of understanding with the Department, in order to engage in these duties.B. In delegated municipalities, the Department continues to be the State of Maine licensing and enforcement authority, and may issue a license to establishments on the basis of an inspection performed by an inspector who works for, and is compensated by, the municipality in which such establishment is located.C. The following conditions must be met: 1. The municipality has adopted the most recent rules or ordinances, which were approved by the Department and are consistent with the Department's rules and statutes for such licensure at the time of inspection.2. A municipally-employed health inspector may not inspect any establishment under this rule, unless certified as qualified by the Department.3. The Department may, from time to time, inspect such municipally-inspected establishments, to ascertain that the intent of this rule is being followed.4. Delegated municipalities must use the same operating system, hardware and screen resolution that the Department uses, in order for the Department to properly record and store inspection and complaint information.5. The delegated municipalities are responsible for ensuring that all establishments within their jurisdiction renew their State of Maine license, prior to renewing their municipal license. An establishment operating without the necessary State of Maine license will result in the establishment being assessed an administrative penalty, as specified in this rule. The Department may allow a dual municipal/State of Maine license, issued by the delegated municipality on the Department's behalf.6. When the Department issues a license on the basis of a municipal inspection, the licensee shall pay a fee to the Department in the amount of $100, to support the costs of shipping, handling and record keeping.7. Licenses issued by the Department under such delegation must be displayed, renewed, and, in every other way, treated as the same license issued through inspections by the Department.8. The Department will certify each municipally-employed health inspector every three years. No municipally-employed health inspector may conduct inspections under the provisions of this rule, unless he or she is duly certified. Such certification will be determined by the Department's review of the inspector's formal and informal training and education, and other such criteria, such as staff competency, enforcement and compliance status, inspection practices, attendance at training meetings and seminars, and record of routine reporting to the Department.9. Every three years, the Department will review each delegated municipality's entire inspection program.10. Delegated municipalities may not charge the Department for performing such inspections.11. Delegated municipalities may not post or release protected health information or medical information that could reasonably be used to identify a person, except to the Department, or in accordance with law, due to this information being confidential as described in 22 MRS §2499(9).12. Delegated municipalities shall determine the primary language of individuals requesting licensing and inspection services and ensure that the services are provided, either by a qualified interpreter when English is not the primary language, or a qualified sign language interpreter. These municipalities shall obtain the service at their own expense and shall not charge the establishment or the Department for this service. These delegated municipalities shall use only qualified in-house interpreters or Maine-State approved interpreters found at www.maine.gov.
Vendors are approved in each of the following areas:
American Sign Language Interpretation Services; In-Person Spoken Language Interpreting; Telephonic Interpreting Services; and Video Remote Interpreting Services 13. Delegated municipalities shall respond to after-hour calls and holiday emergencies to the greatest extent practicable, understanding that vacation and sick time may prevent those health inspectors from responding. Expenses shall be incurred by the delegated municipalities, and these expenses may not be charged to the Department for such calls and emergencies. The Department will provide back-up coverage for after-hour calls and holiday emergencies, in the event that a delegated municipal health inspector is sick or on vacation, and no other delegated municipal inspector is able to cover their district.D.Foodborne outbreak protocols. In the event of a suspected or confirmed foodborne outbreak at a licensed eating establishment within the delegated municipality's jurisdiction, the delegated municipality shall notify the Department. If the Department learns of the outbreak first, then it will notify the delegated municipality as soon as practicable, but no longer than one hour after learning of the suspected or confirmed outbreak. Outbreaks suspected or confirmed outside of business hours must be reported to the Department's Maine CDC Disease Reporting line at 1800-821-5821.10-144 C.M.R. ch. 201, § 3