Maine § 22 §1602 Permit issuance

Maine Statutes

§ 22 §1602 — Permit issuance

Maine·Title 22 HEALTH AND WELFARE·Part 3 PUBLIC HEALTH·Ch. 265 MASS GATHERINGS

1.Written application. The Commissioner of Health and Human Services shall issue a permit for a mass outdoor gathering upon receipt of a written application therefor unless, after the consideration of the factors listed in subsection 2, it appears to the commissioner within a reasonable certainty that the gathering will present a grave and imminent danger to the public health or to the public safety.

2.Commissioner's determination. In determining whether there exists a reasonable certainty that the gathering will present a grave and imminent danger to the public health or safety, the commissioner shall consider the nature of the gathering and the availability of:

3.Plans; cooperation. In its review of applications for permits for the holding or promoting of a mass outdoor gathering, the

Free access — add to your briefcase to read the full text and ask questions with AI

1.
Written application.
The Commissioner of Health and Human Services shall issue a permit for a mass outdoor gathering upon receipt of a written application therefor unless, after the consideration of the factors listed in subsection 2, it appears to the commissioner within a reasonable certainty that the gathering will present a grave and imminent danger to the public health or to the public safety.
2.
Commissioner's determination.
In determining whether there exists a reasonable certainty that the gathering will present a grave and imminent danger to the public health or safety, the commissioner shall consider the nature of the gathering and the availability of:
3.
Plans; cooperation.
In its review of applications for permits for the holding or promoting of a mass outdoor gathering, the department may require such plans, specifications and reports as it considers necessary for a proper review. In its review of such applications, as well as in carrying out its other duties and functions in connection with such a gathering, the department may request and must receive from all public officers, departments and agencies of the State and its political subdivisions such cooperation and assistance as may be necessary and proper. A permit may not be issued by the department until the commissioner or the commissioner's representative has discussed the application with the municipal officers of the municipality in which the event is intended to be held.
4.
Permit denied; appeal.
An applicant who has been aggrieved by the department's decision to deny a permit under this chapter may file within 30 days of the notice of the denial a complaint with the District Court, as provided in Title 5, chapter 375. A hearing before the District Court for reconsideration of the denial may be advanced on the docket and receive priority over other cases when the court determines that the interests of justice so require.
5.
Municipal ordinances and regulations.
The requirements of this chapter and of the regulations adopted under this chapter shall be considered minimum requirements. Nothing shall preclude a municipality from enforcing any ordinance or regulation which is more stringent than the requirements of this chapter or of the regulations adopted under this chapter.

Maine § 22 §1602 (Permit issuance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

PL 1971, c. 341 (NEW). PL 1975, c. 293, §4 (AMD). PL 1977, c. 347, §3 (RPR). PL 1981, c. 703, §A11 (AMD). PL 1987, c. 402, §A139 (AMD). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2003, c. 673, §AA1 (AMD). PL 2003, c. 689, §B7 (REV). PL 2011, c. 559, Pt. A, §24 (AMD). RR 2021, c. 2, Pt. B, §99 (COR).