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38 §343-I. Smart Tracks for Exceptional Performers and Upward Performers Program

§343-I. Smart Tracks for Exceptional Performers and Upward Performers Program The Smart Tracks for Exceptional Performers and Upward Performers Program, known as “the STEP-UP Program” and referred to in this section as “the program,” is established within the department and administered by the commissioner. In cooperation with program participants, the department shall establish guidelines for […]

38 §343. Regulations (REPEALED)

§343. Regulations (REPEALED) SECTION HISTORY PL 1977, c. 300, §9 (NEW). PL 1977, c. 694, §§751,752 (AMD). PL 1983, c. 566, §3 (RP).

38 §344-A. Outside review of applications

§344-A. Outside review of applications The commissioner may enter into agreements with individuals, partnerships, firms and corporations outside the department, referred to throughout this section as “outside reviewers,” to review applications or portions of applications submitted to the department. The commissioner has sole authority to determine the applications or portions of applications to be reviewed […]

38 §344-B. Timetables for processing permit applications

§344-B. Timetables for processing permit applications Pursuant to the provisions of this section, the commissioner shall determine and annually publish a processing time for each type of permit or license issued by the department. When establishing processing times for permits or licenses, the commissioner shall take into consideration all duties and responsibilities of the department […]

38 §344. Processing of applications

§344. Processing of applications 1.  Acceptance and notification.  The commissioner shall notify the applicant in writing of the official date on which the application was accepted as complete for processing or the reasons the application was not accepted. If a written notice of acceptance or nonacceptance is not mailed to the applicant within 15 working […]

38 §345-A. Hearings

§345-A. Hearings 1.  Hearings.  [PL 1989, c. 890, Pt. A, §28 (RP); PL 1989, c. 890, Pt. A, §40 (AFF).] 1-A.  Department hearings.  The board and commissioner may hold public hearings as necessary to carry out responsibilities under this Title.   [PL 1989, c. 890, Pt. A, §29 (NEW); PL 1989, c. 890, Pt. A, […]

38 §345. Hearings (REPEALED)

§345. Hearings (REPEALED) SECTION HISTORY PL 1977, c. 300, §9 (NEW). PL 1977, c. 694, §§755-757 (AMD). PL 1981, c. 524, §16 (AMD). PL 1983, c. 566, §5 (RP).

38 §346. Judicial appeals

§346. Judicial appeals 1.  Appeal to Superior Court.  Except as provided in subsection 4 and section 347‑A, subsection 3 or 4, any person aggrieved by any order or decision of the board or commissioner may appeal to the Superior Court. These appeals to the Superior Court must be taken in accordance with Title 5, chapter […]

38 §347-A. Violations

§347-A. Violations 1.  General procedures.  This subsection sets forth procedures for enforcement actions.   A. Whenever it appears to the commissioner, after investigation, that there is or has been a violation of this Title, of rules adopted under this Title or of the terms or conditions of a license, permit or order issued by the […]

38 §347-C. Right of inspection and entry

§347-C. Right of inspection and entry Employees and agents of the department may:   [PL 2017, c. 137, Pt. A, §5 (NEW).] 1.  Property.  Enter any property at reasonable hours in order to inspect the property to take samples, inspect records relevant to any regulated activity or conduct tests as appropriate to determine compliance with […]

38 §347. Violations (REPEALED)

§347. Violations (REPEALED) SECTION HISTORY PL 1977, c. 300, §9 (NEW). PL 1977, c. 694, §760 (AMD). PL 1979, c. 444, §§1,2 (AMD). PL 1983, c. 566, §§7,8 (AMD). PL 1983, c. 743, §4 (AMD). PL 1983, c. 796, §16 (AMD). PL 1985, c. 496, §A3 (AMD). PL 1985, c. 746, §11 (AMD). PL 1987, […]

38 §348. Judicial enforcement

§348. Judicial enforcement 1.  General.  In the event of a violation of any provision of the laws administered by the department or of any order, regulation, license, permit, approval, administrative consent agreement or decision of the board or commissioner or decree of the court, as the case may be, the Attorney General or the department […]

38 §349-B. Debarment from department contracts

§349-B. Debarment from department contracts 1.  Definitions.  As used in this section, unless the context otherwise indicates, the following terms have the following meanings.   A. “Repeat violation” means a violation of any legal requirement under this Title, or rules adopted under this Title, or of the terms or conditions of a license, permit or […]

38 §349. Penalties

§349. Penalties 1.  Criminal penalties.  Except as otherwise specifically provided, a person who intentionally, knowingly, recklessly or with criminal negligence violates a law administered by the department, including, without limitation, a violation of the terms or conditions of an order, rule, license, permit, approval or decision of the board or commissioner, or who disposes of […]