14-118 C.M.R. ch. 6, § VIII - PROCEDURE FOR APPLICATION

A. Prior to operation of an EAP, any employer wishing to receive approval shall submit an application for approval on forms provided by the Department of Human Services, together with a copy of the plan, policies and procedures.

B. The applicant must have clear written statements of policy and procedure which shall address each of the provisions of the Regulations for EAP's for Employees Operating in the State of Maine. In addition, any EAP in operation prior to December 31, 1989, or any employer seeking renewal of current approval.. shall provide data as required in Section VII B Evaluations, of said Regulations in support of their application.

C. Within 30 days of submission, the Department shall either approve the EAP, or disapprove the EAP, or approve with conditions. The conditions shall contain a time period within which the plan shall be brought into full compliance.

D. Initial approval of the EAP may be for a two-year period. The Department shall conduct biennial monitoring of the plan utilizing data provided through the evaluation and other evidence of compliance with the regulations. Following such monitoring, the Department may either renew approval, require proof of changes to meet regulations, or withdraw approval if the plan is in significant non-compliance.

E. Any employer aggrieved by any decision of the Department of Human Services regarding approval shall have the rights of appeal specified in the Maine Administrative Procedures Act, Title 5, C. 375.

F. The Department shall inform the Department of Labor of any changes in these rules to ensure necessary coordination between the rules of both Departments. In addition, the Department shall notify the Department of Labor of any employer for whom certification has been granted or denied.

Notes

14-118 C.M.R. ch. 6, § VIII