10- 144 C.M.R. ch. 60, § 6

Current through 2024-51, December 18, 2024

Section 144-60-6 - ENFORCEMENT AND APPEALS

A.Referral for licensing actions. The MBCC may refer substantial noncompliance with this rule or violations of the applicable statutes, including but not limited to providing false or substantially incorrect information to the Department, to the appropriate State government program, unit, or office for further licensing action.

B.Penalties. The Department may impose a penalty on employers for:

1. Failing to secure a background check in accordance with this rule;

2. Knowingly employing a disqualified direct access worker for direct access employment, except for conditional employment in accordance with this rule;

3. Failure or refusal to terminate, or remove from direct access employment, a direct access worker who is disqualified from employment based on this rule;

4. Conditionally employing a direct access worker before receiving verification that the direct access worker has met the requirements of conditional employment; or

5. Failing to comply with the confidentiality requirements and conditional employment requirements of 22 M.R.S. Chapter 1691.

C.Fines. An employer who fails to comply with the provisions of this rule is subject to the penalties set out under this subsection.

1. An employer who fails to secure a background check in accordance with this rule may be fined not less than $500 but not more than $10,000 per day, beginning on the first day the violation occurs and for each day of continued violation. Each day constitutes a separate offense.

2. An employer who knowingly employs a disqualified direct access worker for direct access employment may be fined not less than $500 but not more than $10,000 per day, beginning on the first day the violation occurs and for each day of continued violation. Each day constitutes a separate offense.

3. An employer who conditionally employs an individual before receiving verification that the individual has met the requirements of conditional employment may be fined not less than $500 but not more than $10,000 per day.

4. An employer who fails to comply with the confidentiality requirements and conditional employment requirements of this rule may be fined not less than $500 but not more than $5,000 for each violation.

D.Appeal procedure. Direct access workers and employers may request appeals in accordance with this sub-section.

1.Direct access worker appeals. A direct access worker may request an administrative hearing to appeal the denial of a request to challenge and correct information in records created or generated by the MBCC or alternate vendors, or denial of a request for a waiver, or a revocation of a waiver.

a.Administrative hearing. A request for a hearing must be made in writing to the Department and must specify the reason for the appeal. A request for a hearing must be mailed within 30 days from receipt of the Department's decision to deny the request to correct information in records and/or reports created or generated by the MBCC or approved alternate vendor.

b.Hearing process. The hearing will be conducted pursuant to the Department's Administrative Hearings Rules at 10-144 C.M.R. Ch. 1, and in conformity with Maine's Administrative Procedure Act at 5 M.R.S. Ch. 375.

c.Judicial review. The final decision shall notify the direct access worker that a person who is aggrieved by a final agency action may be entitled to judicial review in the Superior Court.

2.Employer appeals. An employer may request an administrative hearing to appeal fines imposed by the Department, the denial of a request for a waiver, revocation of a waiver, or the denial of a request for the use of an alternate vendor.

a.Administrative hearing. An employer may appeal sanctions issued by the Department pursuant to this rule and the applicable statutes by submitting a request for hearing in writing to the Department within 30 days of the receipt of the notice of sanctions. The request must specify the reason for the appeal.

b.Hearing process. The hearing will be conducted, pursuant to the Department's Administrative Hearings Rules at 10-144 C.M.R. Ch. 1, and in conformity with Maine's Administrative Procedure Act at 5 M.R.S. Ch. 375.

c.Judicial review. The final decision shall notify the employer that a person who is aggrieved by a final agency action may be entitled to judicial review in the Superior Court.

10- 144 C.M.R. ch. 60, § 6