Maine § 12851. - Commissioner's authority to adopt rules

§ 12851.. Commissioner's authority to adopt rules

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.

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.

3.  Competency.  The commissioner may establish standards of competency that must be provided to each applicant.

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.

5.  Classification.  The commissioner may establish classifications of guide licenses, including general guides and specialized categories.

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.