Section 170-9-I - DefinitionsAs used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
A. "Bureau" means the Bureau of Labor Standards, within the Department of Labor.B. "Bureau Director" or "Director" means the Director of the Bureau or Director's designee(s).C. "Business days" means calendar days excluding any Saturday, Sunday, or Maine state holiday.D. "Commissioner" means the Commissioner of Labor or the Commissioner's designee.E. "Qualified hearing officer" means an individual with background or experience with adjudicatory proceedings under the Administrative Procedure Act; a Hearing Officer within the Division of Administrative Hearings within the Bureau of Unemployment Compensation, Department of Labor; or an attorney.F. "Grave Violation" means a violation which relates to a hazardous occupation for minors as defined in 26 M.R.S. § 772, causes financial hardship for the employee, is likely to deter the exercise of legal rights, or which results in differential treatment of any employee within a protected class listed in 5 M.R.S. §4571.G. "Proactive Enforcement" means investigations, inspections, and enforcement actions which are initiated at the direction of the Director, rather than in reaction to a complaint. This includes expanding the scope of a complaint-based investigation to include potential violations by the same employer against other employees, whether at the same business location or otherwise.H. "Probable Violation" means a set of facts which likely constitutes a violation, but which has not been determined as such by the Director nor adjudged as such by a court.I. "Violation" means a single breach of the law as determined by the Director. For failure to respond to the survey and, where otherwise appropriate, each day may be considered a separate violation.