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USA Statutes : maine
Title : Title 12. CONSERVATION
Chapter : Chapter 927. GUIDES AND TRIP LEADERS (HEADING. PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
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Title 12 - §12851. Commissioner's authority to adopt rules
Title 12: CONSERVATION Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff)) Subpart 5: GUIDES, OUTFITTERS AND TAXIDERMISTS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff)) Chapter 927: GUIDES AND TRIP LEADERS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff)) §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.
[2003, c. 614, §9 (aff); c. 655, Pt. B, §314 (amd); §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.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
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.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
3. Competency. The commissioner may establish standards of competency that must be provided to each applicant.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
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.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
5. Classification. The commissioner may establish classifications of guide licenses, including general guides and specialized categories.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
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.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §12852. Rule violations; licensed guides and trip leaders
Title 12: CONSERVATION Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff)) Subpart 5: GUIDES, OUTFITTERS AND TAXIDERMISTS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff)) Chapter 927: GUIDES AND TRIP LEADERS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff)) §12852. Rule violations; licensed guides and trip leaders
The following penalties apply to violations of rules regulating licensed guides or camp leaders and course instructor certificates.
[2003, c. 614, §9 (aff); c. 655, Pt. B, §315 (rpr); §422 (aff).]
1. Civil. Notwithstanding section 10650, a person who violates a rule regulating licensed guides or camp trip leaders and course instructor
certificates commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
[2003, c. 655, Pt. B, §315 (new); §422 (aff).]
2. Criminal. A person who violates a rule regulating licensed guides or camp trip leaders and course instructor certificates after having
been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits
a Class E crime.
[2003, c. 655, Pt. B, §315 (new); §422 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §12853. License, fees and requirements; camp trip leader exception
Title 12: CONSERVATION Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff)) Subpart 5: GUIDES, OUTFITTERS AND TAXIDERMISTS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff)) Chapter 927: GUIDES AND TRIP LEADERS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff)) §12853. License, fees and requirements; camp trip leader exception
1. Prohibition. Except as provided in subsection 7, a person may not act as a guide without a valid license issued under this chapter.
[2003, c. 614, §9 (aff); c. 655, Pt. B, §316 (amd); §422 (aff).]
2. Penalty. A person who violates subsection 1 commits a Class D crime for which the court shall impose a sentencing alternative involving
a term of imprisonment of 3 days, none of which may be suspended. The court shall also impose a fine of $1,000, none of which
may be suspended. A person violates subsection 1 each day that person acts as a guide without a valid license issued under
this chapter.
[2003, c. 614, §9 (aff); c. 655, Pt. B, §316 (amd); §422 (aff).]
3. New applications. A person wishing to be licensed as a guide shall submit an application to the commissioner.
A. The commissioner shall provide application forms that request all relevant information the commissioner considers necessary.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
B. Failure or refusal to satisfactorily answer any question in the application is a basis for the commissioner not to accept
the application.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
C. The commissioner shall decide whether the application is acceptable within 5 working days of receipt.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
D. The commissioner shall notify each applicant at least 2 weeks prior to the examination required under section 12855.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
4. Qualifications. In order to qualify for a guide license, a person must:
A. Be at least 18 years of age;
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
B. Pass the guide examination in accordance with section 12855;
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
C. If a first-time applicant, be currently certified in first aid through completion of any standard first aid course that
meets the criteria established by rule of the commissioner;
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
D. If not a first-time applicant, submit satisfactory evidence, as determined by the commissioner, of having held a guide license
in this State; and
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
E. Meet all requirements established by rules of the commissioner.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
For purposes of this subsection, "first-time applicant" means an applicant who has not previously been issued a guide license
in this State.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
5. Fee. The fee for a 3-year guide license is $81.
[2005, c. 12, Pt. III, §30 (amd).]
6. Term of license. A guide license entitles a person to act as a guide through December 31st of the 2nd complete year following the year of
issuance.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
7. Exception. A person holding a camp trip leader permit under section 12860 may, without a guide license, conduct trips including adults
under the auspices of the boys and girls camp that employs those adults, subject to all the requirements of section 12860.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §12854. Guides carrying passengers for hire
Title 12: CONSERVATION Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff)) Subpart 5: GUIDES, OUTFITTERS AND TAXIDERMISTS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff)) Chapter 927: GUIDES AND TRIP LEADERS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff)) §12854. Guides carrying passengers for hire
A guide carrying passengers for hire must be certified in the area of watercraft safety. A guide who has been certified in
watercraft safety through the guide license examination process is authorized, without further licensing requirements, to
operate a motorboat carrying passengers for hire pursuant to section 13063, subsection 2. A guide license issued to a guide
who has been certified in watercraft safety must clearly indicate that the licensee is authorized to operate a motorboat carrying
passengers for hire.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §12855. Examination
Title 12: CONSERVATION Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff)) Subpart 5: GUIDES, OUTFITTERS AND TAXIDERMISTS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff)) Chapter 927: GUIDES AND TRIP LEADERS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff)) §12855. Examination
1. Requirement. In order to qualify for a guide license, a person who has not held a valid guide license within the previous 3 years must
pass an examination pursuant to this section.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
2. Form. The commissioner shall determine the form and content of the examination.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
3. Location. The commissioner shall designate locations where the examination will be held, except the examination must be held in one
of the Inland Fisheries and Wildlife regions if at least 10 applicants reside in that region.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
4. Reexamination. The commissioner may require a guide to be examined or reexamined if the commissioner receives a written complaint and,
upon investigation, believes that the guide no longer meets the guide qualifications.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
5. Fee. The examination fee is $100. An applicant may retake the examination once without paying an additional fee. The fee is
nonrefundable.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
6. Oral examination. If an oral examination is administered, the examination must be conducted by at least 2 trained examiners designated pursuant
to section 10153, subsection 2, paragraph D who are approved by the commissioner or members of the Advisory Board for the
Licensing of Guides.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §12856. Approved curriculum for licensed Maine guides
Title 12: CONSERVATION Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff)) Subpart 5: GUIDES, OUTFITTERS AND TAXIDERMISTS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff)) Chapter 927: GUIDES AND TRIP LEADERS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff)) §12856. Approved curriculum for licensed Maine guides
The commissioner shall approve a curriculum designed to prepare persons for the guide examinations. This curriculum must
cover practical skills, fisheries and wildlife laws and other aspects important for the guiding profession. The commissioner
shall convene an ad hoc advisory board, as defined under Title 5, section 12008, to develop the curriculum. Nonagency members
must be compensated according to Title 5, chapter 379. The commissioner also shall consult with the Department of Education
in developing the curriculum.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §12857. Hiring guide
Title 12: CONSERVATION Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff)) Subpart 5: GUIDES, OUTFITTERS AND TAXIDERMISTS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff)) Chapter 927: GUIDES AND TRIP LEADERS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff)) §12857. Hiring guide
1. Prohibition. A person may not hire another person as a guide if the hiring person has knowledge that the person does not hold a valid
guide license.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
2. Penalty. The following penalties apply to violations of this section.
A. A person who violates subsection 1 commits a civil violation for which a fine of not less than $100 nor more than $500 may
be adjudged.
[2003, c. 655, Pt. B, §317 (new); §422 (aff).]
B. A person who violates subsection 1 after having been adjudicated as having committed 3 or more civil violations under this
Part within the previous 5-year period commits a Class E crime.
[2003, c. 655, Pt. B, §317 (new); §422 (aff).]
[2003, c. 614, §9 (aff); c. 655, Pt. B, §317 (rpr); §422 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §12858. Guide license violations
Title 12: CONSERVATION Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff)) Subpart 5: GUIDES, OUTFITTERS AND TAXIDERMISTS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff)) Chapter 927: GUIDES AND TRIP LEADERS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff)) §12858. Guide license violations
1. Guide license violations. A person licensed as a guide may not violate the following provisions.
A. A person licensed as a guide may not knowingly assist a client in violating any of the provisions of this Part.
(1) If the violation committed by the client is a civil violation, a person licensed as a guide who violates this paragraph
commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
(2) If the violation committed by the client is a civil violation, a person licensed as a guide who violates this paragraph
after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period
commits a Class E crime.
(3) If the violation committed by the client is a criminal violation, a person licensed as a guide who violates this paragraph
commits a Class E crime.
[2003, c. 614, §9 (aff); c. 655, Pt. B, §318 (rpr); §422 (aff).]
B. A person licensed as a guide who has knowledge that a client has violated the provisions of this Part shall, within 24 hours,
inform a person authorized to enforce this Part.
(1) A person who violates this paragraph commits a civil violation for which a fine of not less than $100 nor more than
$500 may be adjudged.
(2) A person who violates this paragraph after having been adjudicated as having committed 3 or more civil violations under
this Part within the previous 5-year period commits a Class E crime.
[2003, c. 614, §9 (aff); c. 655, Pt. B, §318 (rpr); §422 (aff).]
C. A person licensed as a guide may not take a party of more than 12 people out on any lake, stream or waterway in the State
at any time.
(1) A person who violates this paragraph commits a civil violation for which a fine of not less than $100 nor more than
$500 may be adjudged.
(2) A person who violates this paragraph after having been adjudicated as having committed 3 or more civil violations under
this Part within the previous 5-year period commits a Class E crime.
[2003, c. 614, §9 (aff); c. 655, Pt. B, §318 (rpr); §422 (aff).]
[2003, c. 614, §9 (aff); c. 655, Pt. B, §318 (rpr); §422 (aff).]
2. Civil violations.
[2003, c. 614, §9 (aff); c. 655, Pt. B, §318 (rp); §422 (aff).]
3. Criminal violations.
[2003, c. 614, §9 (aff); c. 655, Pt. B, §318 (rp); §422 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §12859. Junior Maine guides
Title 12: CONSERVATION Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff)) Subpart 5: GUIDES, OUTFITTERS AND TAXIDERMISTS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff)) Chapter 927: GUIDES AND TRIP LEADERS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff)) §12859. Junior Maine guides
1. Eligibility. To qualify as a junior Maine guide, a person must be at least 14 years of age and under 18 years of age, meet the requirements
established by the commissioner and pass the required examinations.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
2. Restrictions. A junior Maine guide is not authorized to provide guiding services.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §12860. Trip leader permit
Title 12: CONSERVATION Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff)) Subpart 5: GUIDES, OUTFITTERS AND TAXIDERMISTS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff)) Chapter 927: GUIDES AND TRIP LEADERS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff)) §12860. Trip leader permit
1. When permit required. Boys and girls camps licensed by the Department of Health and Human Services, or located in another state and licensed in
a similar manner, if the laws of the other state so require, conducting trip camping shall:
A. Provide at least one staff member over 18 years of age for each 6 campers; and
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
B. Ensure that the staff member in charge of the trip holds a valid trip leader permit.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff); c. 689, Pt. B, §6 (rev).]
1-A. Prohibition. A person may not conduct trip camping under subsection 1 without a trip leader permit issued under this section. Each day
a person violates this subsection, that person commits a Class E crime for which a minimum fine of $50 and an amount equal
to twice the applicable license fee must be imposed.
[2003, c. 655, Pt. B, §319 (new); §422 (aff).]
2. Application. A person wishing a trip leader permit shall submit an application on forms provided by the commissioner and shall pay the
application fee.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
3. Qualifications. To qualify initially for a trip leader permit, an applicant must:
A. Show successful completion of an approved trip leader safety course or complete an application provided by the commissioner
outlining in detail the applicant's experience and training as a trip leader; and
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
B. Meet any other requirements established by rule by the commissioner.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
4. Special waiver. Waiver of the course requirement by the commissioner on the basis of the applicant's experience and payment of the application
fee qualifies the applicant for a trip leader permit.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
5. Curriculum. With the advice of the Junior Maine Guides and Trip Leaders Curriculum Advisory Board, the commissioner shall review and
adopt a trip leader safety course curriculum that includes, but is not limited to:
A. Training in first aid;
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
B. Training in water safety, including lifesaving techniques as appropriate; and
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
C. Trip leader qualifications and required experience for the special waiver procedure in subsection 4.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
The commissioner shall publish the curriculum adopted or approved by the Junior Maine Guides and Trip Leaders Curriculum Advisory
Board and a current list of courses, with the approved curriculum, by name and address.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
6. Fee. The initial qualifying fee for a trip leader permit is $20. The permit may be renewed upon payment of $15 if requirements
of the department are met.
[2005, c. 12, Pt. III, §31 (amd).]
7. Enforcement. Wardens of the department, the rangers of the Bureau of Forestry and rangers of the Department of Conservation, Bureau of
Parks and Lands may enforce this section and may terminate any trip that is considered unsafe or in violation of this section.
The commissioner shall adopt standards for what is considered an unsafe trip. The commissioner shall consider previous violations
of this section when issuing or reissuing trip leader permits.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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