Maine Code § 12-12851

Commissioner's authority to adopt rules
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The commissioner shall, with the advice and consent of the Advisory Board for the Licensing of
Guides, adopt rules necessary to administer this chapter. Rules adopted pursuant to this section are
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. The commissioner shall
establish safety standards to provide the clients of guides reasonable protection from hazards. The
commissioner may adopt rules in the following areas. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655,
Pt. B, §314 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]
1. Alcohol; drugs. The commissioner may require applicants to state whether they use alcohol or
other drugs in a way that would interfere with their competence as guides.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

2. Failure to meet party. The commissioner may require applicants who have previously held a
guide license to state that they have not received and retained a guiding fee from a party and then failed
to meet that party as agreed or failed to provide the services as agreed.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
3. Competency. The commissioner may establish standards of competency that must be provided
to each applicant.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
4. Watercraft. The commissioner may establish standards for the use of watercraft by a guide to
ensure that the watercraft is safe for the use intended, that sufficient safety equipment is provided to
each passenger and that the operator is competent to use watercraft.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
5. Classification. The commissioner may establish classifications of guide licenses, including
general guides and specialized categories.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
6. Other. The commissioner may establish rules in any area as the commissioner considers
necessary to administer this chapter, except that the commissioner may not require an applicant to
demonstrate certification in cardiopulmonary resuscitation.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

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