10-144 C.M.R. ch. 240, § 7 - REPLACEMENT AND REMOVAL OF LOCAL PLUMBING INSPECTORS

A. Replacement of Local Plumbing Inspectors. The municipality or the Department in the Unorganized Territories must appoint a replacement plumbing inspector for those LPIs which may have retired, resigned, or otherwise may no longer serve in that capacity. The appointment must be in accordance with Section 3 of these Rules.

B. Removal of Local Plumbing Inspectors. Appointed LPIs may be removed from office, if the following occurs:

(1) Re-certification requirements, as established by SPO, were not completed. An individual LPI not meeting the re-certification requirements must be removed from office by the appointing municipality;

(2) Voluntary resignation. The LPI can voluntarily resign from the appointment; or

(3) Involuntary removal. An LPI may be removed from an appointment by the municipality/Department, due to disciplinary action or failure to perform duties and powers adequately, due to physical restrictions or incompetence, with due cause shown. If involuntarily removed, the LPI may request an administrative hearing, as provided by the Maine Administrative Procedures Act, 5 M.R.S.A., Chapter 375, by writing to the Department within 20 days of removal from appointment.

C. Notification. Written notification of the change and/or dismissal in appointment of the LPI for any of the reasons noted above in Section 7(A) and (B) must be supplied to the Department and SPO within thirty (30) calendar days of the dismissal. Failure to notify the Department within the prescribed time must delay the effective date of the appointment for the replacement LPI. Notification must be made to: Division of Environmental Health, Department of Health and Human Services, 11 State House Station, Augusta, Maine 04333-011.

Notes

10-144 C.M.R. ch. 240, § 7