13- 188 C.M.R. ch. 9, § 09

Current through 2024-25, June 19, 2024

Section 188-9-09 - Non-compliance

If the Commissioner determines that an applicant for renewal of a shellfish license is not currently in compliance with shellfish sanitation regulations, failed to report, or has failed to comply with shellfish sanitation regulations during the previous license period, the Commissioner may, in addition to any remedy available, including but not limited to suspension or revocation of the license in accordance with the procedures established under the marine resources' laws, refuse renewal of the license in accordance with the following procedures:

A. The Commissioner shall advise the applicant for renewal by certified mail, return receipt requested, of the refusal and the grounds for this refusal.

B. The Commissioner shall advise the applicant for renewal that the applicant has a right to request that an adjudicatory hearing be held before the Department in conformity with 5 M.R.S.A., Chapter 375 subchapter IV. The Commissioner shall advise the applicant that the hearing must be requested in writing and that the written request must be received by the Department no later than 10 days of receipt by the applicant of the notice, by certified mail, of refusal to renew the shellfish certificate.

C. If an adjudicatory hearing is requested, the Commissioner shall schedule a hearing within 10 days of the Department's receipt of the written request for hearing, unless a longer period is mutually agreed to in writing.

D. Notice of the hearing date, time and location shall be given immediately to the applicant.

Ref. 9.06(F): Example Harvester Tags

The superscripts refer to the required information subsection numbers in Chapter 9.06(B) and are not required on the tag. Note: both sides of a harvester tag may be used.

HARVESTER TAG¹

NAME²:_____________________________DMR LICENSE#³:____________

HARVEST DATE⁴:_______________________TIME⁵:_____________________

HARVEST AREA⁶:_________________________________________________

SHELLFISH TYPE⁷:___________________ & QUANTITY⁷:______________

THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR IS RETAGGED AND THEREAFTER KEPT ON FILE FOR 90 DAYS⁸

HARVESTER TAG¹

NAME²:_________________________

DMR LICENSE#³:___________________

HARVEST DATE⁴:___________________

TIME⁵:_____________________________

HARVEST AREA⁶:___________________

SHELLFISH TYPE⁷:__________________

& QUANTITY⁷:______________________

THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR IS RETAGGED AND THEREAFTER KEPT ON FILE FOR 90 DAYS ⁸

13- 188 C.M.R. ch. 9, § 09