LD 1436
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Page 3 of 10 An Act to Transfer the Regulatory Responsibilities of the Arborist Examining Bo... Page 5 of 10
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regardless of whether proceedings have been or may be instituted in
the Administrative Court or whether criminal proceedings have been
or may be instituted.

 
§2176.__Powers

 
The department has the following duties and powers, in
addition to those otherwise set forth in this chapter.

 
1.__Licenses; enforcement.__The department shall evaluate the
qualifications and supervise the examination of applicants for
licensure under this chapter and shall investigate or cause to be
investigated all complaints made to it and all cases of
noncompliance with this chapter.

 
2.__Rules.__The department may, in accordance with procedures
established by Title 5, chapter 375, subchapter II, adopt such
rules as may be reasonably necessary for the proper performance
of its duties and the administration of this chapter.__Rules
adopted pursuant to this subsection are routine technical rules
as defined in Title 5, chapter 375, subchapter II-A.

 
3.__Hearings.__Hearings may be conducted by the department to
assist with investigations, to determine whether grounds exist
for suspension, revocation or denial of a license or as otherwise
considered necessary to fulfill its responsibilities under this
chapter.

 
The department may not refuse to renew a license for any reason
other than failure to pay a required fee, unless it has afforded
the licensee an opportunity for an adjudicatory hearing.__The
department shall hold an adjudicatory hearing at the written
request of any person who is denied a license for any reason
other than failure to pay a required fee, if the request for
hearing is received by the department within 30 days of the
person's receipt of written notice of the denial, the reasons for
the denial and the person's right to request a hearing.__Hearings
must be conducted in conformity with Title 5, chapter 375,
subchapter IV, to the extent applicable.__The department may
subpoena witnesses, records and documents in any hearing it
conducts.

 
§2177.__Lists of arborists

 
The department shall compile and maintain a complete and up-
to-date list of all licenses issued under this chapter.__This
list must be made available to any person upon request and
payment of a fee established by rule by the department.__Rules


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