16-163-12 Me. Code R. § 2

Current through 2024-51, December 18, 2024
Section 163-12-2 - Initial License Applications
1. Issuance Subject to Letter of Guidance or Consent Agreement
A. A license may be issued in conjunction with a letter of guidance pursuant to 32 M.R.S. §88(4). The purpose of the letter is to educate the applicant, reinforce knowledge regarding legal or professional obligations, and express concern over action or inaction by the applicant that does not rise to the level of misconduct sufficient to merit denial of the application or negotiation of a consent agreement.
B. A license may be issued subject to a consent agreement with the applicant in accordance with 32 M.R.S. §88(3)(E) and 90-A(4)(A) if the applicant has engaged in conduct actionable under Maine EMS statutes or Rules and the terms of the consent agreement, in the opinion of the Board, subcommittee or staff, are adequate to protect the public health and safety and to rehabilitate or educate the licensee.
2. Denial
A. The staff or a subcommittee of the Board may deny an initial license application if done so in a written decision that reflects the reasons for the denial and informs the applicant of the right to appeal the decision to the Board.
B. A person or organization aggrieved by a subcommittee or staff decision to deny a license may appeal the decision to the Board for a final decision in accordance with 32 M.R.S. §91-A.
C. If the applicant wishes to appeal the denial, the applicant must notify the Board in writing. The notice must be received by the Board within thirty (30) days of the applicant's receipt of notice of the denial. Service of the notice of appeal is complete when received by Maine EMS by mail, in-hand delivery, fax, or e-mail in accordance with 5 M.R.S. §8051(1).
D. The staff's or subcommittee's decision stands until the Board issues a decision to uphold, modify or overrule the challenged decision.
E. The Board may, in its discretion, entertain additional evidence or argument from the parties, but need not conduct a full or formal adjudicatory hearing unless otherwise required by law.
F. The decision of the Board shall be in writing or stated on the record and contain or reflect the Board's reasoning in a manner sufficient to inform the parties and the public of the basis for the Board's decision.
G. The Board's decision constitutes final agency action, appealable to the Superior Court in accordance with the Maine Administrative Procedure Act, 5 M.R.S. Chapter 375, Subchapter VII.

16-163 C.M.R. ch. 12, § 2