USA Statutes : maine
Title : Title 26. LABOR AND INDUSTRY
Chapter : Chapter 19. DEPARTMENT OF LABOR (HEADING. PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Title 26 - §1401-A. Department; commissioner head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 1: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (new))

§1401-A. Department; commissioner

1. Establishment. There is created and established the Department of Labor, referred to in this chapter as the "department," to achieve the most effective utilization of the employment and training resources in the State by developing and maintaining an accountable state employment and training policy, by ensuring safe working conditions and protection against loss of income and by enhancing the opportunities of individuals to improve their economic status. [1995, c. 560, Pt. G, §15 (new).]


2. Commissioner; entities incorporated. The department consists of a Commissioner of Labor, referred to in this chapter as the "commissioner," appointed by the Governor and subject to review by the joint standing committee of the Legislature having jurisdiction over labor matters and to confirmation by the Legislature, to serve at the pleasure of the Governor, and the following entities as previously created or established are incorporated into the Department of Labor:



A. The Bureau of Unemployment Compensation; [1995, c. 560, Pt. G, §15 (new).]




B. Beginning April 15, 1996, the Bureau of Employment Services; [1995, c. 560, Pt. G, §15 (new).]




C. The Bureau of Labor Standards; [1995, c. 560, Pt. G, §15 (new).]




D. The Bureau of Rehabilitation Services; [1995, c. 560, Pt. G, §15 (new).]




E. The Division of Administrative Hearings; [1995, c. 560, Pt. G, §15 (new).]




F. The Division of Labor Market Information Services; [1995, c. 560, Pt. G, §15 (new).]




G. The Human Resource Development Council; and [1995, c. 560, Pt. G, §15 (new).]




H. The Private Industry Council staff. [1995, c. 560, Pt. G, §15 (new).]

[1995, c. 560, Pt. G, §15 (new).]
div>
The Department of Labor may consist of other advisory, planning and coordinating council staff, and such other advisory, planning and coordinating committees or administrative units as the commissioner determines necessary to carry out the purposes of this chapter. [1995, c. 560, Pt. G, §15 (new).]
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 This page created on: 2005-10-01
Title 26 - §1401-B. Commissioner head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 1: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (new))

§1401-B. Commissioner

The Commissioner of Labor is entitled to receive a fixed weekly salary in accordance with Title 2, section 6, and must be paid from the administrative funds of the Bureau of Employment Services, the Bureau of Unemployment Compensation, the Bureau of Labor Standards, the Bureau of Rehabilitation Services and from other program administrative funds that the commissioner is authorized by statute or Executive Order to administer. The commissioner may establish an Office of the Commissioner, consisting of such personnel as determined necessary to carry out the duties and responsibilities of the commissioner, and paid from administrative funds from programs that the commissioner is authorized to administer. [1995, c. 560, Pt. G, §15 (new).]

1. Duties. The commissioner has the following duties.



A. The commissioner shall prepare a budget for the department. [1995, c. 560, Pt. G, §15 (new).]




B. The commissioner shall appoint to serve at the commissioner's pleasure:

(1) Assistant to the Commissioner;


(2) Assistant to the Commissioner for Public Affairs;


(3) Deputy Commissioner;


(4) Director, Bureau of Labor Standards;


(5) Beginning April 15, 1996, Executive Director, Bureau of Employment Services;


(6) Executive Director, Office of Operations; and


(7) Director, Bureau of Rehabilitation Services.
[2005, c. 3, Pt. O, §2 (amd).]

The commissioner may appoint, subject to the Civil Service Law, such other personnel as may be necessary to carry out the functions of the department. The commissioner may transfer personnel within the department to ensure the efficient utilization of department personnel. The commissioner may require reports and take other actions necessary to carry out the functions of the department. [2005, c. 3, Pt. O, §2 (amd).]


2. Purchase. The commissioner shall coordinate the purchase and use of all department equipment. [1995, c. 560, Pt. G, §15 (new).]


3. Review. The commissioner shall review the functions and operations of the department to ensure that overlapping functions and operations are brought to the attention of the Governor and the Legislature. [1995, c. 560, Pt. G, §15 (new).]


4. Data collection. The commissioner shall conduct a survey of manufacturing and nonmanufacturing industries throughout the State once every 2 years to determine hourly occupational wage rates by gender. [1995, c. 560, Pt. G, §15 (new).]


5. Dispute resolution services. The commissioner may provide, by agreement with other agencies, dispute resolution services, including, but not limited to, adjudicatory proceedings, mediation and other alternative dispute resolution techniques. [1995, c. 560, Pt. G, §15 (new).]


6. Monitor employee leasing industry. The commissioner shall coordinate the efforts of the State to ensure that the employee leasing industry is developing in a manner that provides the greatest benefit to Maine employers while minimizing the financial risk to those employers and to the leased employees. The commissioner shall meet at least annually with representatives of the Bureau of Insurance, the Bureau of Revenue Services, the Department of Economic and Community Development, the Workers' Compensation Board and the Bureau of Labor Standards within the Department of Labor. This group shall develop written material for employers and new businesses that are considering using an employee leasing firm. The material must provide guidance for employers on what questions to ask to minimize their own financial risk and that of their employees. The material must also include instructions on how to obtain public information on employee leasing companies, such as information required for registration purposes. The commissioner shall meet with the state officials listed in this subsection on at least an annual basis to review the status of the employee leasing industry and update the written materials as needed. [1997, c. 393, Pt. A, §30 (new); c. 526, §14 (amd).]

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 This page created on: 2005-10-01
Title 26 - §1401. Department; commissioner (REPEALED) head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 1: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (new))

§1401. Department; commissioner (REPEALED)


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 This page created on: 2005-10-01
Title 26 - §1402. Debarment from state contracts head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 1: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (new))

§1402. Debarment from state contracts

1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meaning.



A. "Repeated violation" means a violation of any legal requirement under the United States Code, Title 29, Chapter 15, where a previous violation of the same requirement was found which involved a substantially similar hazard. [1999, c. 57, Pt. B, §6 (amd).]




B. "Serious violation" means a violation where there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations or processes which have been adopted or are in use, in that place of employment, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation. [1983, c. 486 (new).]




C. "Willful violation" means a violation committed intentionally or knowingly with an intentional disregard of, or plain indifference to, legal requirements under the United States Code, Title 29, Chapter 15. [1999, c. 57, Pt. B, §6 (amd).]

[1999, c. 57, Pt. B, §6 (amd).]


2. Debarment. The Department of Labor shall, after hearing, debar from participation in state contracts for 2 years any person, partnership, corporation or other public or private entity found to have committed a serious, willful violation or serious, repeated violations of a standard under the United States Occupational Safety and Health Act of 1970, United States Code, Title 29, Chapter 15, and either the time for filing an appeal of the determination of that violation has expired or the appeals process has been exhausted. [1999, c. 57, Pt. B, §7 (amd).]
div>
The department may make an exception to this section if the condition giving rise to the violation has been abated. [1983, c. 486 (new).]
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 This page created on: 2005-10-01
Title 26 - §1403. Labor standards for persons required to work as condition of receiving public assistance and affected employees head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 1: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (new))

§1403. Labor standards for persons required to work as condition of receiving public assistance and affected employees

1. Nondisplacement of existing employees; nonavailability for layoff replacement; noninfringement on promotional opportunities or collective bargaining agreements; labor disputes. A participant who is required to work as a condition of receiving public assistance, as defined in Title 22, section 9-A, subsection 1, paragraph A, may not be employed in or assigned to:



A. A position that was previously filled by a regular employee when that employee is on layoff from the same or an equivalent position or when the vacancy was created by terminating an employee or otherwise reducing the workforce; [1997, c. 443, §1 (new).]




B. An established position that is vacant; [1997, c. 443, §1 (new).]




C. A worksite where there is a labor dispute, including a strike or lockout; or [1997, c. 443, §1 (new).]




D. A worksite in a manner that violates an existing contract or collective bargaining agreement or infringes on the promotional opportunities for any employees. [1997, c. 443, §1 (new).]

[1997, c. 443, §1 (new).]


2. Grievance procedures. The commissioner, with assistance from the department, shall adopt rules to ensure that:



A. Persons required to work as a condition of receiving public assistance have access to a grievance procedure for the purpose of resolving complaints of alleged violations of subsection 1; and [1997, c. 443, §1 (new).]




B. Regular employees at a worksite where a person required to work as a condition of receiving public assistance works have access to a grievance procedure for the purpose of resolving complaints of alleged violations of subsection 1. [1997, c. 443, §1 (new).]

Rules adopted pursuant to this subsection are routine technical rules in accordance with Title 5, chapter 375, subchapter II-A. [1997, c. 443, §1 (new).]


3. Penalty. Employers who do not comply with the requirements of this section may not participate in any work program for individuals required to work as a condition of receiving public assistance. [1997, c. 443, §1 (new).]

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 This page created on: 2005-10-01
Title 26 - §1404. Migrant and immigrant worker assistance outreach project head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 1: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (new))

§1404. Migrant and immigrant worker assistance outreach project

The department, to the extent possible within available resources, shall establish a migrant and immigrant worker assistance outreach project to assist migrant and immigrant workers in the State. The project shall coordinate with employers, employees, labor unions, nonprofit agencies and government agencies that serve migrant and immigrant workers to promote efforts that: [1997, c. 620, §1 (new).]

1. Educate. Educate employers and migrant and immigrant workers about state and federal laws that establish workers' employment-related rights and responsibilities; [1997, c. 620, §1 (new).]


2. Facilitate. Facilitate access for non-English-speaking workers to necessary translation services and programs that teach English as a 2nd language; [1997, c. 620, §1 (new).]


3. Assist. Assist migrant and immigrant workers in obtaining services necessary to improve their health and safety and broaden their employment opportunities; and [1997, c. 620, §1 (new).]


4. Advocate. Advocate for migrant and immigrant workers who seek redress of their grievances or who seek to make claims through government agencies and facilitate workers' access to legal services. [1997, c. 620, §1 (new).]

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 This page created on: 2005-10-01
Title 26 - §1411-A. Definitions head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 1: REHABILITATION ACT (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1411-A. Definitions

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [1995, c. 560, Pt. F, §13 (new).]

1. Community rehabilitation program. "Community rehabilitation program" means a facility operated for the primary purpose of providing rehabilitation services to or gainful employment for people with disabilities, or evaluation and vocational services for disadvantaged individuals, that provides one or more of the following services for people with disabilities:



A. Comprehensive rehabilitation services, which must include medical, psychological, social and vocational services under one management; [1995, c. 560, Pt. F, §13 (new).]




B. Testing, fitting or training in the use of prosthetic or orthotic devices; [1995, c. 560, Pt. F, §13 (new).]




C. Prevocational conditioning or recreational therapy; [1995, c. 560, Pt. F, §13 (new).]




D. Physical and occupational therapy; [1995, c. 560, Pt. F, §13 (new).]




E. Speech and hearing therapy; [1995, c. 560, Pt. F, §13 (new).]




F. Psychological and social services; [1995, c. 560, Pt. F, §13 (new).]




G. Vocational evaluation; [1995, c. 560, Pt. F, §13 (new).]




H. Personal and work adjustment; [1995, c. 560, Pt. F, §13 (new).]




I. Vocational training in combination with other rehabilitation services; [1995, c. 560, Pt. F, §13 (new).]




J. Placement; [1995, c. 560, Pt. F, §13 (new).]




K. Transitional and supported employment; and [1995, c. 560, Pt. F, §13 (new).]




L. Extended employment for people with severe disabilities who can not readily enter the competitive labor market. [1995, c. 560, Pt. F, §13 (new).]

[1995, c. 560, Pt. F, §13 (new).]


2. Disadvantaged individuals. "Disadvantaged individuals" means:



A. Persons with disabilities as defined in this section; [1995, c. 560, Pt. F, §13 (new).]




B. Individuals disadvantaged by reason of youth or advanced age, low educational attainments, ethnic or cultural factors, prison or delinquency records or other conditions; and [1995, c. 560, Pt. F, §13 (new).]




C. Other members of their families when the provision of rehabilitation services to family members is necessary for the rehabilitation of individuals described in paragraph A or B. [1995, c. 560, Pt. F, §13 (new).]

[1995, c. 560, Pt. F, §13 (new).]


3. Evaluation and vocational services. "Evaluation and vocational services" includes, as appropriate in each case, such services as:



A. A preliminary diagnostic study to determine that the individual is disadvantaged or has a disability-related barrier to employment and that services are needed; [1995, c. 560, Pt. F, §13 (new).]




B. A diagnostic study consisting of a comprehensive evaluation of pertinent medical, psychological, vocational, educational, cultural, social and environmental factors that bear on the individual's barrier to employment and rehabilitation potential, including, to the degree needed, an evaluation of the individual's personality, intelligence level, educational achievements, work experience, vocational aptitudes and interests, personal and social adjustments, employment opportunities and other pertinent data helpful in determining the nature and scope of services needed; [1995, c. 560, Pt. F, §13 (new).]




C. Services to appraise the individual's patterns of work behavior and ability to acquire occupational skills and to develop work attitudes, work habits, work tolerances and social and behavior patterns suitable for successful job performance, including the utilization of work, simulated or real, to assess and develop the individual's capacities to perform adequately in a work environment; [1995, c. 560, Pt. F, §13 (new).]




D. Any other goods or services provided to a disadvantaged individual that are determined in accordance with federal regulations to be necessary for, and are provided for the purpose of, ascertaining the nature of the barrier to employment and whether it may reasonably be expected that the individual can benefit from vocational rehabilitation services or other services available to disadvantaged individuals; [1995, c. 560, Pt. F, §13 (new).]




E. Outreach, referral and advocacy; and [1995, c. 560, Pt. F, §13 (new).]




F. The administration of these evaluation and vocational services. [1995, c. 560, Pt. F, §13 (new).]

[1995, c. 560, Pt. F, §13 (new).]


4. Gainful employment. "Gainful employment" includes employment in the competitive labor market; practice of a profession; self-employment; homemaking; farm or family work, including work for which payment is in kind rather than in cash; supported employment; sheltered employment; and home industries or other gainful homebound work. [1995, c. 560, Pt. F, §13 (new).]


5. Person with disability. "Person with a disability" means an individual who has a physical or mental disability that constitutes a substantial barrier to employment but is of such a nature that vocational rehabilitation services may reasonably be expected to render the individual fit to engage in gainful employment that is consistent with the individual's capacities and abilities. "Person with a disability" also means an individual who has a physical or mental disability that constitutes a substantial barrier to employment and for whom vocational rehabilitation services are necessary to determine rehabilitation potential. An "individual who is under a physical or mental disability" means an individual who has a physical or mental condition that materially limits, contributes to limiting or, if not corrected, results in limiting that individual's activities or functions. [1995, c. 560, Pt. F, §13 (new).]


6. Rehabilitation services. "Rehabilitation services," which may be provided directly or through public or private resources, means goods and services necessary to assist a person with a disability to engage in a gainful occupation or to determine the individual's rehabilitation potential, including but not limited to vocational rehabilitation services. Vocational rehabilitation services available to people with disabilities include:



A. Evaluation, including diagnostic and related services, incidental to the determination of eligibility for and the nature and scope of services to be provided; [1995, c. 560, Pt. F, §13 (new).]




B. Counseling, guidance and placement services for people with disabilities, including follow-up services to assist those individuals to maintain employment; [1995, c. 560, Pt. F, §13 (new).]




C. Training services for people with disabilities, which must include personal and vocational adjustment, on-the-job training and books and other training materials; [1995, c. 560, Pt. F, §13 (new).]




D. Interpreting and other specific services necessary to meet the unique needs of those persons who are deaf or who have impaired hearing. These services must include the aid of qualified personnel and interpreters who can relate to and communicate on an effective and meaningful basis with persons who are deaf or have impaired hearing; [1995, c. 560, Pt. F, §13 (new).]




E. Recruitment and training services for people with disabilities to provide them with suitable employment opportunities; [1995, c. 560, Pt. F, §13 (new).]




F. Physical restoration services, including but not limited to:

(1) Corrective surgery or therapeutic treatment necessary to correct or substantially modify a physical or mental condition that is stable or slowly progressive and constitutes a substantial barrier to employment but is of such a nature that correction or modification may reasonably be expected to eliminate or substantially reduce the barrier within a reasonable length of time;


(2) Necessary hospitalization in connection with surgery or treatment;


(3) Prosthetic and orthotic devices; and


(4) Eye glasses and visual services as prescribed by a physician skilled in the diseases of the eye or by an optometrist;
[1995, c. 560, Pt. F, §13 (new).]




G. Maintenance as necessary during rehabilitation, as established by the rules of the department; [1995, c. 560, Pt. F, §13 (new).]




H. Occupational licenses, tools, equipment and initial stocks and supplies; [1995, c. 560, Pt. F, §13 (new).]




I. In the case of a small business operated by people with severe disabilities, the operation of which can be improved by management services and supervision provided by the department, the provision of those services and that supervision, alone or together with the acquisition by the department of vending stands or other equipment and initial stocks and supplies; [1995, c. 560, Pt. F, §13 (new).]




J. The construction or establishment, in accordance with federal regulations, of public or other nonprofit community rehabilitation programs and the provision of other facilities and services that may contribute substantially to the rehabilitation of a group of individuals but are not related directly to the rehabilitation plan of any one person with a disability; [1995, c. 560, Pt. F, §13 (new).]




K. Transportation in connection with the rendering of any other rehabilitation service; [1995, c. 560, Pt. F, §13 (new).]




L. Any other goods and services necessary to render a person with a disability employable; and [1995, c. 560, Pt. F, §13 (new).]




M. Services to the families of people with disabilities when the services will contribute substantially to the rehabilitation of the individuals. [1995, c. 560, Pt. F, §13 (new).]

[1995, c. 560, Pt. F, §13 (new).]

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 This page created on: 2005-10-01
Title 26 - §1411-B. Rehabilitation services unit created head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 1: REHABILITATION ACT (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1411-B. Rehabilitation services unit created

There is created within the department a functional unit of rehabilitation services, which is equal in administrative level and status with the other major administrative units within the department. [1995, c. 560, Pt. F, §13 (new).]
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 This page created on: 2005-10-01
Title 26 - §1411-C. Authority head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 1: REHABILITATION ACT (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1411-C. Authority

The department is designated and established as the sole state agency to provide rehabilitation services, including but not limited to vocational rehabilitation services, and to provide evaluation and vocational services for purposes of the Federal Rehabilitation Act and acts amendatory and additional to the Federal Rehabilitation Act. The commissioner shall make those rules that the commissioner finds necessary and appropriate for the administration of a program of rehabilitation services and shall organize such a program within the department in a manner that is consistent with existing federal and state laws, rules and regulations. [1995, c. 560, Pt. F, §13 (new).]
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 This page created on: 2005-10-01
Title 26 - §1411-D. Powers and duties of department head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 1: REHABILITATION ACT (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1411-D. Powers and duties of department

In carrying out this article, the commissioner: [1995, c. 560, Pt. F, §13 (new).]

1. Cooperates with other departments. Shall cooperate with other departments, agencies and institutions, both public and private, in providing for the rehabilitation of people with disabilities and the evaluation and vocational services of disadvantaged individuals, in studying the problems involved and in establishing, developing and providing, in conformity with the purposes of this article, programs, facilities and services necessary or desirable; [1995, c. 560, Pt. F, §13 (new).]


2. Reciprocal agreements with other states. May enter into reciprocal agreements with other states to provide for the rehabilitation of people with disabilities and disadvantaged individuals who are residents of the states concerned; [1995, c. 560, Pt. F, §13 (new).]


3. Community rehabilitation programs. May establish, construct and operate community rehabilitation programs and make grants to public or other nonprofit organizations for those purposes; [1995, c. 560, Pt. F, §13 (new).]


4. Vending stands and other businesses. May supervise the operation of vending stands and other small businesses established pursuant to this article to be conducted by people with severe disabilities; [1995, c. 560, Pt. F, §13 (new).]


5. Research fellowships and traineeships. May make studies, investigations, demonstrations and reports and provide training and instruction, including the establishment and maintenance of research fellowships and traineeships, with stipends and allowances as determined necessary, in matters relating to rehabilitation; [1995, c. 560, Pt. F, §13 (new).]


6. Joint project. May share funding and administrative responsibility with another state agency in order to carry out a joint project to provide services to people with disabilities; [1995, c. 560, Pt. F, §13 (new).]


7. Joint undertakings. May enter into joint undertakings with public and private agencies to further the effectiveness of services for disadvantaged individuals; [1995, c. 560, Pt. F, §13 (new).]


8. Eligibility and priority. Shall determine the eligibility of individuals for rehabilitation services or evaluation and vocational services and the priority for those services in accordance with rules established by the department; and [1995, c. 560, Pt. F, §13 (new).]


9. Transitional services coordination projects. Shall participate in the coordination of rehabilitation services with local transitional services coordination projects for youth with disabilities, as established in Title 20-A, chapter 308, assigning appropriate regional staff and resources as available and necessary in each region to be served by a project. [1995, c. 560, Pt. F, §13 (new).]

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 This page created on: 2005-10-01
Title 26 - §1411-E. Acceptance of federal provisions head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 1: REHABILITATION ACT (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1411-E. Acceptance of federal provisions

The department shall cooperate with the Federal Government in carrying out the purposes of federal statutes pertaining to vocational rehabilitation and is authorized to adopt methods of administration found by the Federal Government to be necessary for the proper and efficient operation of agreements or other conditions as necessary to secure the full benefits of the federal statutes to the State and its residents. [1995, c. 560, Pt. F, §13 (new).] div>
The department is authorized, subject to the approval of the Governor, to: [1995, c. 560, Pt. F, §13 (new).]

1. Apply for assistance. Apply for federal assistance under the Federal Rehabilitation Act and acts amendatory and additional to the Federal Rehabilitation Act, and to comply with conditions, not inconsistent with this article, that are required for such assistance; and [1995, c. 560, Pt. F, §13 (new).]


2. Perform for Federal Government. Perform functions and services for the Federal Government in addition to those provided for in this section. [1995, c. 560, Pt. F, §13 (new).]

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 This page created on: 2005-10-01
Title 26 - §1411-F. Receipt and disbursement of funds head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 1: REHABILITATION ACT (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1411-F. Receipt and disbursement of funds

The Treasurer of State is the appropriate officer of the State to receive and administer federal grants for rehabilitation programs, as contemplated by the Federal Rehabilitation Act and acts amendatory and additional to the Federal Rehabilitation Act, and the State Controller shall authorize expenditures as approved by the department. [1995, c. 560, Pt. F, §13 (new).]
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 This page created on: 2005-10-01
Title 26 - §1411-G. Gifts head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 1: REHABILITATION ACT (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1411-G. Gifts

The commissioner, with the approval of the Governor, may accept and use gifts made unconditionally by will or otherwise for carrying out the purposes of this article. Gifts made under conditions that in the judgment of the department are proper and consistent with this article may be accepted, with the approval of the Governor, and must be held, invested, reinvested and used in accordance with the conditions of the gift. All money received as gifts or donations must be deposited in the State Treasury and constitutes a permanent fund to be called the Special Fund for Rehabilitation of People with Disabilities and to be used by the department to defray the expenses of rehabilitation in special cases as determined by the commissioner, including the payment of necessary expenses of persons undergoing training. [1995, c. 560, Pt. F, §13 (new).]
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 This page created on: 2005-10-01
Title 26 - §1411-H. Maintenance not assignable head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 1: REHABILITATION ACT (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1411-H. Maintenance not assignable

The right of a handicapped or disadvantaged individual to maintenance under this article is not transferable or assignable at law or in equity and none of the money paid or payable or rights existing under this article are subject to execution, levy, attachment, garnishment or other legal process or to the operation of bankruptcy or insolvency law. [1995, c. 560, Pt. F, §13 (new).]
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 This page created on: 2005-10-01
Title 26 - §1411-I. Hearings and judicial review head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 1: REHABILITATION ACT (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1411-I. Hearings and judicial review

An individual applying for or receiving rehabilitation under this article who is aggrieved by an action or inaction of the department is entitled to a fair hearing by the commissioner or the commissioner's designated representative. An individual aggrieved because of the decision made on the basis of the fair hearing may appeal to the Superior Court. [1995, c. 560, Pt. F, §13 (new).]
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 This page created on: 2005-10-01
Title 26 - §1412-A. Employees not to engage in political activities head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 1: REHABILITATION ACT (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1412-A. Employees not to engage in political activities

An officer or employee engaged in the administration of the rehabilitation program may not use that officer's or employee's official authority to influence or permit the use of the rehabilitation program for the purpose of interfering with an election or affecting the results of an election or for a partisan political purpose. An officer or employee may not solicit or receive or be obliged to contribute or render a service, assistance, subscription, assessment or contribution for a political purpose. An officer or employee violating this provision is subject to appropriate disciplinary action. [1995, c. 560, Pt. F, §13 (new).]
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 This page created on: 2005-10-01
Title 26 - §1412-B. Continuing study of rehabilitation needs head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 1: REHABILITATION ACT (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1412-B. Continuing study of rehabilitation needs

The department shall make continuing study of the needs of people with disabilities and disadvantaged individuals in the State and how these needs may be met most effectively. The study and planning must include appraisal of community rehabilitation programs in the State and their effectiveness and adequacy in meeting the overall needs of people with disabilities and disadvantaged. The continuing study and recommendations must be reflected in the biennial reports of the commissioner. [1995, c. 560, Pt. F, §13 (new).]
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 This page created on: 2005-10-01
Title 26 - §1412-C. Bureau of Rehabilitation Services head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 1: REHABILITATION ACT (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1412-C. Bureau of Rehabilitation Services

The commissioner shall establish within the department the Bureau of Rehabilitation Services, which shall administer that group of rehabilitation services specifically related to the federal vocational rehabilitation programs. [1995, c. 560, Pt. F, §13 (new).]
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 This page created on: 2005-10-01
Title 26 - §1412-D. Provision of rehabilitation services head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 1: REHABILITATION ACT (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1412-D. Provision of rehabilitation services

Rehabilitation services may be provided directly or through public or private resources to people with disabilities, including those who are eligible for rehabilitation services under the terms of an agreement with another state or with the Federal Government. [1995, c. 560, Pt. F, §13 (new).]
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 This page created on: 2005-10-01
Title 26 - §1412-E. Rules head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 1: REHABILITATION ACT (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1412-E. Rules

The department is authorized to establish rules required for the proper administration of a vocational rehabilitation program under the Federal Rehabilitation Act and acts amendatory and additional to the Federal Rehabilitation Act. These rules must include procedures for ensuring access to records by the protection and advocacy agencies designated under Title 5, Part 24 pursuant to an investigation of alleged rights violations. [1995, c. 560, Pt. F, §13 (new).]
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 This page created on: 2005-10-01
Title 26 - §1412-F. Adoption of a grievance procedure concerning discrimination on the basis of disability head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 1: REHABILITATION ACT (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1412-F. Adoption of a grievance procedure concerning discrimination on the basis of disability

The commissioner shall adopt rules pursuant to Title 5, chapter 375, subchapter II to create a grievance procedure applicable to all bodies of State Government in accordance with 45 Code of Federal Regulations, Section 84.7 and with 28 Code of Federal Regulations, Section 35.107(b). To the extent that a grievance procedure adopted under this section conflicts with a grievance procedure otherwise adopted by a state agency to comply with 45 Code of Federal Regulations, Section 84.7, the procedure adopted under this section controls, except in cases of conflict with other federal regulations. [1995, c. 560, Pt. F, §13 (new).]
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 This page created on: 2005-10-01
Title 26 - §1412-G. Program of consumer-directed personal care assistance services (REPEALED) head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 1: REHABILITATION ACT (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1412-G. Program of consumer-directed personal care assistance services (REPEALED)


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 This page created on: 2005-10-01
Title 26 - §1412-H. Program of state-funded consumer-directed personal care assistance services head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 1: REHABILITATION ACT (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1412-H. Program of state-funded consumer-directed personal care assistance services

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.



A. "Applicant" means a person who has applied or is applying for services through the program. [2003, c. 673, Pt. WW, §2 (new).]




B. "Bureau" means the Bureau of Rehabilitation Services within the department, which is the lead agency for administering the program. [2003, c. 673, Pt. WW, §2 (new).]




C. "Consumer" means a person who has been determined to be eligible under subsection 3. [2003, c. 673, Pt. WW, §2 (new).]




D. "Program" means the program of state-funded consumer-directed personal care assistance services. [2003, c. 673, Pt. WW, §2 (new).]

[2003, c. 673, Pt. WW, §2 (new).]


2. Program administration. The bureau shall administer the program under this section. Within available funds, the bureau shall ensure that services are delivered in the most comprehensive manner possible, shall strive to maximize the participation of adults with disabilities and shall coordinate with programs for persons with disabilities administered by the Department of Health and Human Services. [2003, c. 673, Pt. WW, §2 (new); c. 689, Pt. B, §6 (rev).]


3. Eligibility. An applicant is eligible for personal care assistance services under the program if the bureau or its designee determines that the person is an adult who:



A. Has a severe disability; [2003, c. 673, Pt. WW, §2 (new).]




B. Needs personal care assistance services or an attendant at night or both to prevent or remove the adult from inappropriate placement in an institutional setting; and [2003, c. 673, Pt. WW, §2 (new).]




C. Has no or insufficient personal income or other support from public services, family members or neighbors. [2003, c. 673, Pt. WW, §2 (new).]

[2003, c. 673, Pt. WW, §2 (new).]


4. Consumer cost sharing. The bureau shall establish a sliding scale for consumer cost sharing for services provided under the program. The sliding scale must be based on the net income of the consumer, factoring in the expenses associated with the consumer's disability, and may take assets into consideration. [2003, c. 673, Pt. WW, §2 (new).]


5. Evaluation teams. The commissioner shall designate evaluation teams to assist the department with evaluations of applicants and consumers.



A. Each evaluation team must include the applicant or consumer and at least one registered nurse or registered occupational therapist. [2003, c. 673, Pt. WW, §2 (new).]




B. For each applicant or consumer evaluated by an evaluation team, the team shall assist the bureau to:

(1) Determine the eligibility of the applicant or consumer for services under the program;


(2) Determine the capability of the applicant or consumer, at the time of evaluation or after skills training provided pursuant to subsection 6, to hire and direct a personal care assistant; and


(3) Reevaluate the applicant or consumer periodically to determine continuing need for the services.
[2003, c. 673, Pt. WW, §2 (new).]

[2003, c. 673, Pt. WW, §2 (new).]


6. Skills training. When sufficient funds are available, the commissioner shall arrange for skills training for consumers in the following areas by the following individuals:



A. Personal health management skills to maximize personal well-being in relation to the consumer's disability, including all aspects of prevention, maintenance and treatment techniques, provided by a registered nurse or other qualified person experienced in the rehabilitation of the severely disabled; [2003, c. 673, Pt. WW, §2 (new).]




B. Personal care assistant management skills, including training in recruiting, hiring and managing a personal care assistant, scheduling and potential problems, provided by a registered nurse or other qualified person experienced in the rehabilitation of the severely disabled; and [2003, c. 673, Pt. WW, §2 (new).]




C. Functional skills required to maximize the consumer's abilities in activities of daily living, provided by a registered occupational therapist or other qualified person experienced in the rehabilitation of the severely disabled. [2003, c. 673, Pt. WW, §2 (new).]

[2003, c. 673, Pt. WW, §2 (new).]


7. Relatives as providers. The department may not refuse to pay a relative of a consumer for the provision of services under the program if the relative is qualified to provide the services and payment is not prohibited by law or rule or federal regulation. [2003, c. 673, Pt. WW, §2 (new).]


8. Review of reimbursement rates. By January 1, 2005 and every 2 years thereafter, the commissioner shall review the rates of reimbursement under the program. As part of the review, the following provisions apply.



A. The commissioner shall:

(1) Ensure the input of consumers, personal assistants and any organization that represents personal assistants regarding providing a livable wage for personal care assistance services. The commissioner may seek input through one or more public hearings or by other means determined reasonable by the commissioner; and


(2) Seek advice and input from the Long-term Care Oversight Committee established in Title 22, section 5107-J to determine whether the rates of reimbursement are sufficient for consumers to recruit, hire and retain personal care assistants.
[2003, c. 673, Pt. WW, §2 (new).]




B. If the commissioner determines that an increase in one or more of the reimbursement rates is necessary after the review required in this subsection, the commissioner shall adopt rules to accomplish the required rate increase. In making a determination under this subsection, the commissioner shall consider using any savings realized from an expansion of consumer-directed services to increase wages and benefits for personal care assistants. [2003, c. 673, Pt. WW, §2 (new).]




C. The commissioner shall determine rates of reimbursement that include allowable administrative costs and that use available resources to maximize wages and benefits for personal care assistants and hours of services for consumers. [2003, c. 673, Pt. WW, §2 (new).]

[2003, c. 673, Pt. WW, §2 (new).]


9. Rulemaking. The commissioner shall adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A, except that rules regarding consumer cost sharing under subsection 4 are major substantive rules as defined by that subchapter. [2003, c. 673, Pt. WW, §2 (new).]

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 This page created on: 2005-10-01
Title 26 - §1412. Misuse of lists and records head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 1: REHABILITATION ACT (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1412. Misuse of lists and records

Except for purposes directly connected with the administration of the rehabilitation program and in accordance with its rules, it is unlawful for a person or individual to solicit, disclose, receive or make use of, authorize, knowingly permit or participate in or acquiesce in the use of a list of names of, or information concerning, individuals applying for or receiving rehabilitation when that list or information is directly or indirectly derived from the records, papers, files or communications of the State or subdivisions of the State or acquired in the course of the performance of official duties. A person who violates a provision of this section is subject to a fine of not less than $50 nor more than $300 or by imprisonment for not more than 60 days, or both. [1995, c. 560, Pt. F, §13 (new).]
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 This page created on: 2005-10-01
Title 26 - §1413-A. Definitions head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 2: DIVISION OF DEAFNESS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1413-A. Definitions

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [1995, c. 560, Pt. F, §13 (new).]

1. Advisory council. "Advisory council" means the advisory council for the Division of Deafness. [1995, c. 560, Pt. F, §13 (new).]


2. Deaf. "Deaf" means that the sense of hearing of an individual is nonfunctional for the purpose of communication and that individual must depend primarily upon visual communication. [1995, c. 560, Pt. F, §13 (new).]


3. Hard of hearing. "Hard of hearing" means a hearing loss in an individual that results in a functional loss, but not to the extent that the individual must depend primarily upon visual communication. [1995, c. 560, Pt. F, §13 (new).]


4. Statewide registry. "Statewide registry" means a current listing, developed in cooperation with various registries throughout the State, of those persons in the State who are deaf or hard-of-hearing persons. [1995, c. 560, Pt. F, §13 (new).]

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 This page created on: 2005-10-01
Title 26 - §1413-B. Powers and duties head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 2: DIVISION OF DEAFNESS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1413-B. Powers and duties

To provide the following services and information to deaf and hard-of-hearing persons, the Division of Deafness shall: [1995, c. 560, Pt. F, §13 (new).]

1. Provide advocacy. Provide cooperative agreements or coordinate with agencies or community resources to provide advocacy for the rights of deaf and hard-of-hearing persons in the areas of employment, education, legal aid, health care, social services, finance, housing and other personal assistance while avoiding duplication of effort in these areas; [1995, c. 560, Pt. F, §13 (new).]


2. Statewide registry. Maintain, coordinate and update a voluntary statewide registry of deaf and hard-of-hearing persons developed in cooperation with various registries throughout the State. Use of this list is restricted by the provisions of section 1420; [1995, c. 560, Pt. F, §13 (new).]


3. Information and referral. Provide information and referral services to deaf and hard-of-hearing persons and their families on questions related to their disorder; [1995, c. 560, Pt. F, §13 (new).]


4. Develop objectives. Develop a plan with goals and objectives for development, planning and implementation within a framework for greater cooperation and coordination among agencies and organizations now serving or having the potential to serve deaf and hard-of-hearing persons; [1995, c. 560, Pt. F, §13 (new).]


5. Community service center. Continue to study the need to establish, maintain and fund at least one community service center where deaf and hard-of-hearing persons and their families can receive pertinent information relating to the coordination of services that each requires; [1995, c. 560, Pt. F, §13 (new).]


6. Promote accessibility. Promote accessibility to all governmental services for residents of the State who are deaf or hard-of-hearing persons; and [1995, c. 560, Pt. F, §13 (new).]


7. Recommendations. Make recommendations to the Governor and the joint standing committee of the Legislature having jurisdiction over labor matters with respect to modifications in existing services or establishment of additional services for deaf and hard-of-hearing persons and their families. [1995, c. 560, Pt. F, §13 (new).]

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 This page created on: 2005-10-01
Title 26 - §1413-C. Advisory council head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 2: DIVISION OF DEAFNESS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1413-C. Advisory council

There is established within the Department of Labor, Bureau of Rehabilitation Services, Division of Deafness, an advisory council consisting of 24 members and 3 members-at-large appointed by the Director of the Bureau of Rehabilitation Services in conjunction with the Director of the Division of Deafness and representing equally consumers, professionals and the public. Members are entitled to compensation in accordance with Title 5, chapter 379. [1995, c. 560, Pt. F, §13 (new).] div>
The Director of the Bureau of Rehabilitation Services, in conjunction with the Director of the Division of Deafness, shall appoint, from the advisory council, a chair and vice-chair to serve 2-year terms. The council shall meet at the call of the chair but not less than 4 times during a calendar year. The chair may delegate duties to members to carry out the functions of the council. [1995, c. 560, Pt. F, §13 (new).]
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 This page created on: 2005-10-01
Title 26 - §1413-D. Advisory council; powers and duties head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 2: DIVISION OF DEAFNESS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1413-D. Advisory council; powers and duties

The advisory council shall advise the Director of the Bureau of Rehabilitation Services and shall prepare an annual report, which is a public document to the extent that it complies with section 1412. The report must include, but is not limited to: [1995, c. 560, Pt. F, §13 (new).]

1. Review. Review of the status of services to deaf and hard-of-hearing persons; [1995, c. 560, Pt. F, §13 (new).]


2. Recommendations. Recommendations for priorities for the development and coordination of services to deaf and hard-of-hearing persons; [1995, c. 560, Pt. F, §13 (new).]


3. Evaluation. An evaluation of the progress made as the result of recommendations made in the preceding report of the chair; [1995, c. 560, Pt. F, §13 (new).]


4. Statement of goals. A statement of goals for activities of the division during the subsequent fiscal year; and [1995, c. 560, Pt. F, §13 (new).]


5. Implementation of functions. The steps to be taken by the division to implement the functions listed in section 1413-B. [1995, c. 560, Pt. F, §13 (new).]

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 This page created on: 2005-10-01
Title 26 - §1413-E. Director of the Division of Deafness head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 2: DIVISION OF DEAFNESS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1413-E. Director of the Division of Deafness

1. Director. The Director of the Bureau of Rehabilitation Services shall appoint the Director of the Division of Deafness, who is responsible for administering the Division of Deafness and its programs and policies, including generating and seeking out financial aid, grants and money. [1995, c. 560, Pt. F, §13 (new).]


2. Director of the Division of Deafness; staff; qualifications. The Director of the Division of Deafness and the staff must be knowledgeable of the needs of the deaf and hard of hearing and possess the ability to communicate on a meaningful basis with those persons. [1995, c. 560, Pt. F, §13 (new).]

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 This page created on: 2005-10-01
Title 26 - §1413. Division of Deafness head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 2: DIVISION OF DEAFNESS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1413. Division of Deafness

There is established the Division of Deafness within the Department of Labor, Bureau of Rehabilitation Services. [1995, c. 560, Pt. F, §13 (new).]
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 This page created on: 2005-10-01
Title 26 - §1414-A. Grants head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 3: INDEPENDENT LIVING SERVICES FOR PEOPLE WITH DISABILITIES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1414-A. Grants

The department may make grants to establish independent living services. Funds must be disbursed and audited in accordance with departmental grant policies and procedures. The department shall submit an annual accounting of the program to the joint standing committee of the Legislature having jurisdiction over labor matters. [1995, c. 560, Pt. F, §13 (new).]
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 This page created on: 2005-10-01
Title 26 - §1414. Definitions head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 3: INDEPENDENT LIVING SERVICES FOR PEOPLE WITH DISABILITIES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1414. Definitions

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [1995, c. 560, Pt. F, §13 (new).]

1. Independent living services. "Independent living services" means services that promote or train people with severe disabilities in managing their personal affairs, participating in day-to-day life in the community, fulfilling a range of social roles and making decisions that lead to self-determination and the minimization of physical or psychological dependence on others. [1995, c. 560, Pt. F, §13 (new).]

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 This page created on: 2005-10-01
Title 26 - §1415-A. Subsidy head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 4: ASSISTANCE TO PEOPLE WITH SEVERE PHYSICAL DISABILITIES TO ENABLE THEM TO WORK (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1415-A. Subsidy

The bureau shall subsidize, in whole or in part, personal care assistance services for individuals eligible under section 1415-B. The amount of the subsidy for each hour of personal care assistance services is determined by the director of the bureau. The director of the bureau shall establish a sliding scale for financial participation by individuals who receive subsidies for personal care assistance services under this article. [1995, c. 560, Pt. F, §13 (new).] div>
The sliding scale must be based on the net income of individuals who apply for or receive subsidies for personal care assistance services. The expenses associated with each individual's disabilities must be factored into the calculation of net income for the individual. Information needed to determine net income must be furnished through the self-declaration of individuals who apply for or receive subsidies, or their representatives. [1995, c. 560, Pt. F, §13 (new).]
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 This page created on: 2005-10-01
Title 26 - §1415-B. Eligibility head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 4: ASSISTANCE TO PEOPLE WITH SEVERE PHYSICAL DISABILITIES TO ENABLE THEM TO WORK (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1415-B. Eligibility

An individual is eligible for a subsidy under section 1415-A if that individual: [1995, c. 560, Pt. F, §13 (new).]

1. Severe physical disability. Has a severe physical disability; [1995, c. 560, Pt. F, §13 (new).]


2. Employed. Is employed or ready for employment; [1995, c. 560, Pt. F, §13 (new).]


3. Need for services. Has a need documented under section 1415-C for no fewer than 14 nor more than 35 hours a week of personal care assistance services, which services are necessary to enable the individual to be employed. The limitation of 35 hours may be exceeded as provided in section 1415-C; [1995, c. 560, Pt. F, §13 (new).]


4. Not otherwise eligible. Is not otherwise eligible for personal care assistance services under other state or federal programs; [1995, c. 560, Pt. F, §13 (new).]


5. Agrees to reevaluation. Agrees to a periodic reevaluation of the individual's need for personal care assistance services and of the extent of that need; and [1995, c. 560, Pt. F, §13 (new).]


6. Income and support. Has no or insufficient personal income or other support from public services, family members or neighbors. [1995, c. 560, Pt. F, §13 (new).]

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 This page created on: 2005-10-01
Title 26 - §1415-C. Evaluation team report head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 4: ASSISTANCE TO PEOPLE WITH SEVERE PHYSICAL DISABILITIES TO ENABLE THEM TO WORK (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1415-C. Evaluation team report

1. Team designation. The director of the bureau shall designate one or more evaluation teams, which must consist of at least 2 persons, one of whom must be a registered nurse licensed under Title 32, chapter 31, subchapter III and one of whom must be a registered occupational therapist. [1995, c. 560, Pt. F, §13 (new).]


2. Duties. An individual who applies to the bureau for a personal care assistance services subsidy must be evaluated by an evaluation team, which shall determine the need of that individual for personal care assistance services and the extent of that need. If the team determines that the individual needs more than 35 hours a week of personal care assistance services, that recommendation must be part of the report to the director. [1995, c. 560, Pt. F, §13 (new).]


3. Redetermination. An individual receiving a personal care assistance services subsidy under section 1415-A must be periodically reevaluated by an evaluation team to determine the individual's continuing need for personal care assistance services and the extent of that need. [1995, c. 560, Pt. F, §13 (new).]

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 This page created on: 2005-10-01
Title 26 - §1415-D. Rules head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 4: ASSISTANCE TO PEOPLE WITH SEVERE PHYSICAL DISABILITIES TO ENABLE THEM TO WORK (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1415-D. Rules

The director of the bureau may adopt rules necessary to carry out the director's duties under this article. [1995, c. 560, Pt. F, §13 (new).]
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 This page created on: 2005-10-01
Title 26 - §1415. Definitions head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 4: ASSISTANCE TO PEOPLE WITH SEVERE PHYSICAL DISABILITIES TO ENABLE THEM TO WORK (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1415. Definitions

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [1995, c. 560, Pt. F, §13 (new).]

1. Bureau. "Bureau" means the Bureau of Rehabilitation Services in the Department of Labor. [1995, c. 560, Pt. F, §13 (new).]


2. Employed. "Employed" means engaged in activity of 20 or more hours per week for remuneration. [1995, c. 560, Pt. F, §13 (new).]


3. Personal care assistance services. "Personal care assistance services" means services required by an individual with a severe physical disability for that individual to become physically independent in connection with that individual's capability for or actual employment. These services include, but are not limited to:



A. Routine bodily functions, such as bowel or bladder care; [1995, c. 560, Pt. F, §13 (new).]




B. Dressing; [1995, c. 560, Pt. F, §13 (new).]




C. Preparation and consumption of food; [1995, c. 560, Pt. F, §13 (new).]




D. Moving in and out of bed; [1995, c. 560, Pt. F, §13 (new).]




E. Routine bathing; [1995, c. 560, Pt. F, §13 (new).]




F. Ambulation; and [1995, c. 560, Pt. F, §13 (new).]




G. Any other similar function of daily living. [1995, c. 560, Pt. F, §13 (new).]

[1995, c. 560, Pt. F, §13 (new).]


4. Severe physical disability. "Severe physical disability" means a functional loss of 3 extremities when it is anticipated that the loss is permanent. [1995, c. 560, Pt. F, §13 (new).]

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 This page created on: 2005-10-01
Title 26 - §1416-A. Advisory Committee on Improving Outdoor Recreational Opportunities for Persons with Disabilities (REPEALED) head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 5: IMPROVING OUTDOOR RECREATIONAL OPPORTUNITIES FOR PERSONS WITH DISABILITIES (HEADING: PL 1995, c. 560, Pt. F, @13 (new); 1999, c. 58, @2 (rpr))

§1416-A. Advisory Committee on Improving Outdoor Recreational Opportunities for Persons with Disabilities (REPEALED)


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 This page created on: 2005-10-01
Title 26 - §1416-B. Improving recreational opportunities for persons with disabilities head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 5: IMPROVING OUTDOOR RECREATIONAL OPPORTUNITIES FOR PERSONS WITH DISABILITIES (HEADING: PL 1995, c. 560, Pt. F, @13 (new); 1999, c. 58, @2 (rpr))

§1416-B. Improving recreational opportunities for persons with disabilities

In addition to its existing duties, the Statewide Independent Living Council, established pursuant to 29 United States Code, Sections 796 to 796f (1999) and administered by the Bureau of Rehabilitation Services, through a standing committee on recreational opportunities for persons with disabilities, shall perform the following duties: [1999, c. 58, §4 (new).]

1. Advise commissioners. Advise the Commissioner of Labor, the Commissioner of Health and Human Services, the Commissioner of Conservation, the Commissioner of Transportation, the Commissioner of Marine Resources, the Commissioner of Economic and Community Development and the Commissioner of Inland Fisheries and Wildlife on ways:



A. To provide technical consultation for increasing participation and inclusion for persons with disabilities in all areas of recreation, which are a matter of public policy; and [1999, c. 58, §4 (new).]




B. To promote the expansion of existing and the creation of new public recreational areas that are accessible to persons with disabilities; [1999, c. 58, §4 (new).]

[1999, c. 58, §4 (new); 2003, c. 689, Pt. B, §7 (rev).]


2. Educate public. Make the public aware of existing recreational opportunities that are accessible to persons with disabilities; [1999, c. 58, §4 (new).]


3. Provide information. Provide and disseminate information and education to public and private clubs, organizations and civic groups and to individuals on making recreation accessible to persons with disabilities; and [1999, c. 58, §4 (new).]


4. Conduct evaluations and provide technical assistance. In conjunction with the Bureau of Rehabilitation Services' staff, conduct accessibility evaluations upon request and provide technical assistance to recreation providers and users with regard to providing access for persons with disabilities. [1999, c. 58, §4 (new).]

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 This page created on: 2005-10-01
Title 26 - §1416. Definitions (REPEALED) head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 5: IMPROVING OUTDOOR RECREATIONAL OPPORTUNITIES FOR PERSONS WITH DISABILITIES (HEADING: PL 1995, c. 560, Pt. F, @13 (new); 1999, c. 58, @2 (rpr))

§1416. Definitions (REPEALED)


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 This page created on: 2005-10-01
Title 26 - §1417. Rehabilitation services head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 6: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1417. Rehabilitation services

The department, under the direction of the Governor, may establish, conduct and maintain rehabilitation work as part of its program of aid and assistance for students with disabilities. That rehabilitation work must be in cooperation with career and technical education, as provided by Title 20-A, chapter 313. [1995, c. 560, Pt. F, §13 (new); 2005, c. 397, Pt. D, §3 (rev).] div>
Funds provided for aid and assistance carried on by the department may be used in providing rehabilitation services. [1995, c. 560, Pt. F, §13 (new).]
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 This page created on: 2005-10-01
Title 26 - §1418-A. Division for the Blind and Visually Impaired head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 7: SERVICES FOR BLIND AND VISUALLY IMPAIRED INDIVIDUALS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1418-A. Division for the Blind and Visually Impaired

The Division for the Blind and Visually Impaired is established within the department under the jurisdiction of the Director of the Division for the Blind and Visually Impaired. The commissioner shall appoint the director, subject to the Civil Service Law. [1995, c. 560, Pt. F, §13 (new).]
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 This page created on: 2005-10-01
Title 26 - §1418-B. Jurisdiction of director defined head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 7: SERVICES FOR BLIND AND VISUALLY IMPAIRED INDIVIDUALS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1418-B. Jurisdiction of director defined

"Jurisdiction of the director" means having direct administrative responsibility for all programs and personnel under this article. [1995, c. 560, Pt. F, §13 (new).]
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 This page created on: 2005-10-01
Title 26 - §1418-C. Program established head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 7: SERVICES FOR BLIND AND VISUALLY IMPAIRED INDIVIDUALS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1418-C. Program established

The division shall provide a program of services for the blind, including prevention of blindness, locating of blind persons, vocational guidance and training of the blind, placement of blind persons in employment, assistance to local schools in meeting the special needs of blind students, instruction of adult blind persons in their homes and other social services to the blind. [1995, c. 560, Pt. F, §13 (new).]
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 This page created on: 2005-10-01
Title 26 - §1418-D. Education of blind children head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 7: SERVICES FOR BLIND AND VISUALLY IMPAIRED INDIVIDUALS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1418-D. Education of blind children

1. Division services. The division shall provide the following services to blind and visually impaired persons from birth to age 21:



A. Itinerant teacher services; [1995, c. 560, Pt. F, §13 (new).]




B. Mobility instruction; [1995, c. 560, Pt. F, §13 (new).]




C. Braille instruction; [1995, c. 560, Pt. F, §13 (new).]




D. Low-vision services; [1995, c. 560, Pt. F, §13 (new).]




E. Special aids and supplies needed to participate in the educational process; and [1995, c. 560, Pt. F, §13 (new).]




F. Advocacy, counseling and guidance services to students and their parents. [1995, c. 560, Pt. F, §13 (new).]

[1995, c. 560, Pt. F, §13 (new).]


2. School administrative units. Nothing in this section relieves school administrative units from fulfilling their responsibilities under Title 20-A, Part 4, subpart 1. [1995, c. 560, Pt. F, §13 (new).]

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 This page created on: 2005-10-01
Title 26 - §1418-E. Mandatory report of blindness head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 7: SERVICES FOR BLIND AND VISUALLY IMPAIRED INDIVIDUALS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1418-E. Mandatory report of blindness

Whenever, upon examination at a clinic, hospital or other institution, or elsewhere, by a physician, optometrist, institutional superintendent or other qualified person, the visual acuity of a person is found to be with correction 20200 or less in the better eye, or the peripheral field of the person's vision is found to have contracted to a 20-degree diameter or less, regardless of visual acuity, the person conducting the examination shall, within 30 days, report to the director the result of the examination and that blindness of the person examined has been established. The report may not be made if the person examined so requests. If blindness of the person examined has been established, the division shall inform and advise that person as to services for the blind provided by the division. [1995, c. 560, Pt. F, §13 (new).]
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 This page created on: 2005-10-01
Title 26 - §1418-F. Business enterprise program head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 7: SERVICES FOR BLIND AND VISUALLY IMPAIRED INDIVIDUALS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1418-F. Business enterprise program

To provide blind persons with remunerative employment, enlarge the economic opportunities of blind persons and encourage blind persons to become self-supporting, the officer, board or other authority in charge of a public building or property shall grant to the division authority: [1995, c. 560, Pt. F, §13 (new).]

1. Vending facility. To install in that building or property a vending facility whenever a vending facility may be operated by a blind person; and [1995, c. 560, Pt. F, §13 (new).]


2. Vending machines. To place vending machines operated by the division in a building or property if a vending facility operated by a blind person is not warranted. Income from these vending machines must be used for the purposes set forth in this section. [1995, c. 560, Pt. F, §13 (new).]

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 This page created on: 2005-10-01
Title 26 - §1418-G. Preference head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 7: SERVICES FOR BLIND AND VISUALLY IMPAIRED INDIVIDUALS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1418-G. Preference

The officer, board or other authority in charge of a public building or property shall: [1995, c. 560, Pt. F, §13 (new).]

1. Policies. Adopt policies and take actions necessary to ensure that blind persons are given preference in the establishment and the operation of vending facilities on property under its jurisdiction; [1995, c. 560, Pt. F, §13 (new).]


2. Surveys. Cooperate with the division in surveys of properties and buildings under its control in order to find suitable locations for the operation of vending facilities by managers and, after a determination that a facility may be operated by a manager, shall cooperate with the division in the installation of a vending facility; [1995, c. 560, Pt. F, §13 (new).]


3. Income. To achieve and protect the preference of blind persons in the operation of vending facilities, arrange for the assignment of the income derived from vending machines that are located in reasonable proximity to and in direct competition with a vending facility for which authority is granted pursuant to this article to the manager or managers affected. A vending machine that vends articles authorized for vending pursuant to section 1418, subsection 8 and is so located that it attracts customers who would otherwise patronize the vending facility is considered to be in reasonable proximity to and in direct competition with the vending facility; [1995, c. 560, Pt. F, §13 (new).]


4. Licensing. Inform the division not less than 60 days prior to the termination, issuance or renewal of a contract for the operation of a vending facility; and [1995, c. 560, Pt. F, §13 (new).]


5. Vending machines. Allow the division to place vending machines in a building where a vending facility operated by a manager would not be feasible. Income from these machines accrues to the division's set-aside account for purposes stated in section 1418-F. [1995, c. 560, Pt. F, §13 (new).]

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 This page created on: 2005-10-01
Title 26 - §1418-H. Powers and duties of the division head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 7: SERVICES FOR BLIND AND VISUALLY IMPAIRED INDIVIDUALS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1418-H. Powers and duties of the division

In carrying out this article the division shall: [1995, c. 560, Pt. F, §13 (new).]

1. Rules. Prescribe rules governing:



A. The maintenance of a roster of blind persons eligible to become managers and the issuance of licenses; [1995, c. 560, Pt. F, §13 (new).]




B. A fair hearing. In the case of a manager desiring to appeal a decision, the division shall appoint a hearing board consisting of 3 persons, one to be chosen by the manager, one to be chosen by the division and the 3rd person chosen by the other 2 persons. The decision of the board is final; [1995, c. 560, Pt. F, §13 (new).]




C. The right to, the title to and the interest in vending facility equipment and stock; and [1995, c. 560, Pt. F, §13 (new).]




D. The civil rights of managers; [1995, c. 560, Pt. F, §13 (new).]

[1995, c. 560, Pt. F, §13 (new).]


2. Other. Prescribe rules necessary to carry out the purposes of this article; [1995, c. 560, Pt. F, §13 (new).]


3. Surveys. Conduct surveys to find locations where vending facilities may be operated by blind persons and establish vending facilities as it determines appropriate; [1995, c. 560, Pt. F, §13 (new).]


4. Management. Provide management and supervisory services determined necessary to ensure that each vending facility is operated in the most effective and productive manner possible; [1995, c. 560, Pt. F, §13 (new).]


5. Plans. Provide plans and specifications for proposed vending facilities and equipment to the appropriate officer, board or authority for approval prior to installation; and [1995, c. 560, Pt. F, §13 (new).]


6. Other action. Take any other action necessary or appropriate to carry out the purposes of this article. [1995, c. 560, Pt. F, §13 (new).]

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 This page created on: 2005-10-01
Title 26 - §1418-I. Construction; remodeling; planning for vending facility head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 7: SERVICES FOR BLIND AND VISUALLY IMPAIRED INDIVIDUALS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1418-I. Construction; remodeling; planning for vending facility

To carry out the purposes of this article, when new construction, remodeling, leasing, acquisition or improvement of public buildings or properties is authorized, the agency directing that construction, remodeling, leasing, acquisition or improvement shall, when the size of the building or property warrants, make available suitable space and facilities for vending facilities to be operated in the building or property by blind persons. [1995, c. 560, Pt. F, §13 (new).]
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 This page created on: 2005-10-01
Title 26 - §1418-J. Construction of buildings head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 7: SERVICES FOR BLIND AND VISUALLY IMPAIRED INDIVIDUALS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1418-J. Construction of buildings

If a suitable location is available for a vending facility that requires the construction of a portable building, the division may construct such a building and may have the use of the land on which to construct the building. [1995, c. 560, Pt. F, §13 (new).]
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 This page created on: 2005-10-01
Title 26 - §1418-K. Fees head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 7: SERVICES FOR BLIND AND VISUALLY IMPAIRED INDIVIDUALS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1418-K. Fees

1. Fees prohibited generally. Except as provided in subsection 2, a rental fee may not be required or received for the granting of authority to the division to operate a vending facility. [1997, c. 393, Pt. A, §31 (new).]


2. Fees authorized; limitation. A rental fee or other fee may be charged to the operator only if the vending facility is located on commercial municipal property, including a public airport, where the following conditions are met:



A. The vending facility generates revenue primarily from the general public at large rather than from public employees; [1997, c. 393, Pt. A, §31 (new).]




B. The vending facility occupies space for which there are other competing retail commercial uses and other retail users are, in fact, renting nearby public space on the property; and [1997, c. 393, Pt. A, §31 (new).]




C. The public owner depends on generating revenue from the space occupied by the vending facility. [1997, c. 393, Pt. A, §31 (new).]

Any rent or other fee charged to the operator must be less than what would otherwise be charged to a competing commercial tenant and must be pursuant to a written agreement. The terms of the agreement must adequately account for the value of investments made by the division to create or maintain the vending facility. [1997, c. 393, Pt. A, §31 (new).]


3. Application. This section applies to the rental of vending facilities and the renewal of any rental agreement after the effective date of this section. [1997, c. 393, Pt. A, §31 (new).]

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 This page created on: 2005-10-01
Title 26 - §1418-L. Correctional, mental and certain educational institutions head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 7: SERVICES FOR BLIND AND VISUALLY IMPAIRED INDIVIDUALS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1418-L. Correctional, mental and certain educational institutions

This article does not apply to or authorize the installation of vending facilities in a building wholly used by a correctional or mental institution or by an educational institution of any type supported in whole or in part from public funds, unless that educational institution is a university, college, junior college or a community college. [1995, c. 560, Pt. F, §13 (new); 2003, c. 20, Pt. OO, §2 (amd); §4 (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 This page created on: 2005-10-01
Title 26 - §1418-M. Application head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 7: SERVICES FOR BLIND AND VISUALLY IMPAIRED INDIVIDUALS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1418-M. Application

If a vending facility not under the control of the division exists in a building or on property of the State, a county or a municipality, the person having jurisdiction over that building or property shall give preference to the division to continue operation of the vending facility when an existing lease or contract expires or is terminated. [1995, c. 560, Pt. F, §13 (new).]
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 This page created on: 2005-10-01
Title 26 - §1418. Definitions head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 7: SERVICES FOR BLIND AND VISUALLY IMPAIRED INDIVIDUALS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1418. Definitions

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [1995, c. 560, Pt. F, §13 (new).]

1. Blind person. "Blind person" means a person having not more than 20200 central visual acuity in the better eye after correction or an equally disabling loss of the visual field so that the widest diameter of the visual field subtends an angle no greater than 20 degrees. [1995, c. 560, Pt. F, §13 (new).]


2. Director. "Director" means the Director of the Division for the Blind and Visually Impaired. [1995, c. 560, Pt. F, §13 (new).]


3. Division. "Division" means the Division for the Blind and Visually Impaired in the department. [1995, c. 560, Pt. F, §13 (new).]


4. Jurisdiction. "Jurisdiction" means the control of the maintenance, operation and protection of public buildings and property of the State or of a county or a municipality. [1995, c. 560, Pt. F, §13 (new).]


5. Licensing agency. "Licensing agency" means the Division for the Blind and Visually Impaired, which is the state agency designated by the Rehabilitation Services Administration in the United States Department of Education to issue licenses to blind persons for the operation of vending facilities. [1995, c. 560, Pt. F, §13 (new).]


6. Manager. "Manager" means the blind person, duly licensed by the division, who personally operates the vending facility. [1995, c. 560, Pt. F, §13 (new).]


7. Public building or property. "Public building or property" means a building or land owned, leased or occupied by a department, agency or authority of the State or a county or a municipality of the State. [1995, c. 560, Pt. F, §13 (new).]


8. Vending facility. "Vending facility" means a restaurant, a cafeteria, including the cafeteria located in the State Office Building in Augusta, a snack bar, a vending machine for food and beverages and goods and services customarily offered in connection with a restaurant, a cafeteria, a snack bar or a vending machine. [1995, c. 560, Pt. F, §13 (new).]

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 This page created on: 2005-10-01
Title 26 - §1419-A. Specialized customer communications equipment for persons with disabilities head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 8: DEAF AND HARD-OF-HEARING PERSONS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Subarticle 1: GENERAL PROVISIONS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1419-A. Specialized customer communications equipment for persons with disabilities

1. Money for specialized customer telecommunications equipment. [2003, c. 553, Pt. A, §3 (rp).]


2. Communications Equipment Fund. There is established the Communications Equipment Fund to be used by the Division of Deafness within the Bureau of Rehabilitation Services. The fund is nonlapsing. The fund receives money transferred by the Public Utilities Commission from the universal service fund pursuant to Title 35-A, section 7104. The Division of Deafness may accept gifts or grants, including, but not limited to, federal grants, for the purposes of this section. Funds transferred from the universal service fund pursuant to Title 35-A, section 7104 and all gifts and grants and authorized appropriations must be deposited in the Communications Equipment Fund and disbursed in accordance with this section. The Communications Equipment Fund may be used for purchase, lease, distribution, upgrading, installation, maintenance and repair of specialized customer communications equipment for deaf, hard-of-hearing or speech-impaired persons and persons with disabilities and for training in the use of such equipment, except that funds received for the purposes of subsection 6 pursuant to Title 35-A, section 7104 may be used only in accordance with subsection 6. The Division of Deafness may draw on the Communications Equipment Fund in accordance with the communications equipment plan required under subsection 3. [2005, c. 336, §1 (amd).]


3. Communications equipment plan. The Division of Deafness shall develop a plan to make specialized customer communications equipment available to deaf, hard-of-hearing or speech-impaired persons and persons with disabilities and to distribute money from the Communications Equipment Fund. The plan must be developed by the Division of Deafness annually, not later than January 1st, in accordance with the rule-making procedures in Title 5, chapter 375. The plan must provide for the expenditure of money from the Communications Equipment Fund for the benefit of deaf, hard-of-hearing or speech-impaired persons and persons with disabilities for the purchase, lease, distribution, upgrading, installation, maintenance and repair of specialized customer communications equipment capable of serving their needs and may provide for expenditures for training in the use of such equipment. Persons who are profoundly deaf or speech-impaired or who have a disability so that they are unable to use the telephone for expressive or receptive communications, as verified by a written report from an otologist, an audiologist or a physician, are eligible for assistance from the Communications Equipment Fund. The plan must ensure that persons with disabilities have access to appropriate specialized customer communications equipment to meet their individual needs. The plan must include specific criteria that govern the priorities assigned to various persons who need this equipment. The criteria must take into account household income, degree of impairment, need for emergency communications, living arrangements and other factors determined relevant by the Division of Deafness. In developing the criteria, the Division of Deafness shall consult with the advisory council established in section 1413-C and other advisory councils representing the interests of persons with disabilities. [2003, c. 553, Pt. A, §3 (amd).]


4. Specialized customer communications equipment needs in public school system. The Department of Education, in consultation with the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf and advocacy groups for deaf and hard-of-hearing persons and for the information technology interests of consumers, shall conduct an annual survey of all public schools in the State for the purpose of assessing the need for specialized customer communications equipment in the school system and report its findings to the joint standing committee of the Legislature having jurisdiction over labor matters. The report must include: the number of deaf and hard-of-hearing students and their needs for specialized customer communications equipment; the availability of specialized customer communications equipment; the number of requests for specialized customer communications equipment; and the status of training for teachers and other school personnel in the use of specialized customer communications equipment. [2005, c. 279, §16 (amd).]


5. Assessment on telecommunications carriers. [2003, c. 553, Pt. A, §3 (rp).]


6. Emergency alert telecommunications service. A person who has been certified by the Division of Deafness as being deaf or hard-of-hearing and has an income of less than 135% of the federal poverty level must receive a discount of up to $10 per month in the service charge for any wireless communications device or 2-way pager that is used to receive emergency alerts issued by any state or federal agency. Such a person must receive a $10 discount except when the service charge for the wireless communications device or 2-way pager is less than $10 per month, in which case the person must receive a discount equal to the service charge for the wireless communications device or 2-way pager. A company required to provide the discount is entitled to recover amounts discounted from the Communications Equipment Fund established in subsection 2. The Bureau of Rehabilitation Services shall adopt rules to establish the process for certifying eligibility with the Division of Deafness and for the process to be used by wireless and paging companies in recovering discounted revenue from the Communications Equipment Fund. Administrative costs associated with implementing this subsection may be paid from funds provided to the Communications Equipment Fund for the purposes of this subsection pursuant to Title 35-A, section 7104. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. [2005, c. 336, §2 (new).]

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 This page created on: 2005-10-01
Title 26 - §1419-B. Equal access for deaf, hard-of-hearing or speech-impaired consumers to wireless telecommunication services (REPEALED) head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 8: DEAF AND HARD-OF-HEARING PERSONS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Subarticle 1: GENERAL PROVISIONS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1419-B. Equal access for deaf, hard-of-hearing or speech-impaired consumers to wireless telecommunication services (REPEALED)


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 This page created on: 2005-10-01
Title 26 - §1419. General provisions head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 8: DEAF AND HARD-OF-HEARING PERSONS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Subarticle 1: GENERAL PROVISIONS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1419. General provisions

1. Definitions. As used in this article, unless the context otherwise indicates, the following terms have the following meanings.



A. "Deaf person" means a person whose sense of hearing is nonfunctional for the purpose of ordinary communication. [1995, c. 560, Pt. F, §13 (new).]




B. "Hard-of-hearing person" means a person whose sense of hearing is defective, but still functional, with or without amplification. [1995, c. 560, Pt. F, §13 (new).]




B-1. "Person with a disability" means a person who is unable to communicate by telephone because of a vision, mobility or other physical or mental impairment. [1997, c. 751, Pt. A, §1 (new).]




B-2. "Specialized customer communications equipment" means communications equipment used by persons with disabilities to conduct telephone communications or equipment that provides or assists in providing emergency alert notification to deaf persons or hard-of-hearing persons. "Specialized customer communications equipment" includes but is not limited to teletypewriters, artificial larynges, signaling devices, amplified handsets, large number dial overlays, direct telephone dialing, fax machines, equipment necessary to use short message services or text message services and other equipment used by persons with disabilities to provide access to telephone networks and equipment that provides or facilitates emergency alert notification to deaf persons or hard-of-hearing persons. [2003, c. 553, Pt. A, §1 (amd).]




C. "Speech-impaired person" means a person whose speech is nonfunctional or defective for the purpose of ordinary communication. [1995, c. 560, Pt. F, §13 (new).]




D. [1997, c. 751, Pt. A, §2 (rp).]




E. "Telecommunications relay service" means a service transmitting messages and information between a person using standard telephone equipment for spoken communications and a deaf, hard-of-hearing or speech-impaired person using a telecommunications device for the deaf. [1995, c. 560, Pt. F, §13 (new).]

[2003, c. 553, Pt. A, §1 (amd).]


2. Specialized customer communications equipment system. The department shall consult with appropriate agencies and organizations serving deaf, hard-of-hearing or speech-impaired persons and persons with disabilities concerning the needs of the specialized customer communications equipment system. To the extent that funds are available, the department shall take steps necessary to preserve and maintain a viable specialized customer communications equipment system for use by deaf, hard-of-hearing or speech-impaired persons and persons with disabilities in this State, including, but not limited to, providing for repair services and equipment for loaning to persons whose specialized customer communications equipment is being repaired. The department may also use available funds to provide training in the use of specialized customer communications equipment. [2003, c. 553, Pt. A, §2 (amd).]

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 This page created on: 2005-10-01
Title 26 - §1420-A. Rights head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 8: DEAF AND HARD-OF-HEARING PERSONS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Subarticle 2: RIGHTS OF DEAF AND HARD-OF-HEARING PERSONS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1420-A. Rights

The rights, established by this subarticle, of deaf and hard-of-hearing persons are as follows. [1995, c. 560, Pt. F, §13 (new).]

1. Streets and public places. Deaf and hard-of-hearing persons have the same rights as able-bodied persons to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities and other public places. [1995, c. 560, Pt. F, §13 (new).]


2. Public conveyances. Deaf and hard-of-hearing persons are entitled to full and equal accommodations, advantages, facilities and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, street cars, boats or any other public conveyances or modes of transportation, hotels, lodging places, places of public accommodation or amusement, or resorts and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons. [1995, c. 560, Pt. F, §13 (new).]


3. Guide dogs. Every deaf or hard-of-hearing person has the right to be accompanied by a guide dog, described and known as a "hearing dog," especially trained for the purpose, and identified by a collar and leash colored hunter orange, as that color is defined in Title 12, section 10001, subsection 32, in a place listed in subsection 2 without being required to pay an extra charge for the guide dog, except that the person is liable for any damage done to the premises or facilities by that dog. When the deaf or hard-of-hearing person is accompanied by a guide dog, the person must also carry a card, issued by the Bureau of Rehabilitation Services, that states that the dog is an especially trained guide dog and cites section 1420 and this section that allow for access by the person and the person's dog to streets, public places and public conveyances. [2003, c. 414, Pt. B, §6 (amd); c. 614, §9 (aff).]


4. Especially trained guide dog trainer; access to public facilities; responsibilities. An especially trained hearing dog trainer, while engaged in the actual training of hearing dogs, has the same rights, privileges and responsibilities with respect to access to public facilities as a deaf or hard-of-hearing person. [1995, c. 560, Pt. F, §13 (new).]


5. Housing accommodations; persons with hearing-assistance animals. Every hard-of-hearing person who has a hearing-assistance animal is entitled to full and equal access to all housing accommodations provided for in this section. Hard-of-hearing persons may not be required to pay extra compensation to keep hearing-assistance animals. A hard-of-hearing person is liable for any damage done to the premises by the animal. [1995, c. 560, Pt. F, §13 (new).]


6. Housing accommodations; defined. "Housing accommodations," as used in this section, means a real property, or portion of real property, that is used or occupied, or is intended, arranged or designed to be used or occupied, as the home, residence or sleeping place of one or more human beings, including, but not limited to, public housing projects and all forms of publicly assisted housing, single-family and multifamily rental and sale units, lodging places, condominiums and cooperative apartments. "Housing accommodations" does not include:



A. The rental of a housing accommodation in a building that contains housing accommodations for not more than 2 families living independently of each other, if the owner or members of the owner's family reside in that housing accommodation; or [1995, c. 560, Pt. F, §13 (new).]




B. The rental of a room or rooms in a housing accommodation, if the rental is by the occupant of the housing accommodation or by the owner of the housing accommodation and the owner or members of the owner's family reside in that housing accommodation. [1995, c. 560, Pt. F, §13 (new).]

[1995, c. 560, Pt. F, §13 (new).]

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 This page created on: 2005-10-01
Title 26 - §1420-B. Motor vehicle drivers head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 8: DEAF AND HARD-OF-HEARING PERSONS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Subarticle 2: RIGHTS OF DEAF AND HARD-OF-HEARING PERSONS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1420-B. Motor vehicle drivers

The driver of a vehicle approaching a deaf or hard-of-hearing person using a properly identified guide dog shall take all necessary precautions to avoid injury to that person and the guide dog. A driver who fails to take such precautions is liable in damages for any injury caused to that person or dog. A deaf or hard-of-hearing person not using a guide dog in any of the places, accommodations or conveyances listed in section 1420-A has all of the rights and privileges conferred by law upon other persons. The failure of a deaf or hard-of-hearing person to use a guide dog in those places, accommodations or conveyances does not constitute nor is it evidence of contributory negligence. [1995, c. 560, Pt. F, §13 (new).]
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 This page created on: 2005-10-01
Title 26 - §1420-C. Penalty head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 8: DEAF AND HARD-OF-HEARING PERSONS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Subarticle 2: RIGHTS OF DEAF AND HARD-OF-HEARING PERSONS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1420-C. Penalty

1. Interference with admittance or enjoyment; rights. A person or the person's agent may not:



A. Deny or interfere with admittance to or enjoyment of the public facilities described in section 1420-A; or [2003, c. 452, Pt. O, §6 (new); Pt. X, §2 (aff).]




B. Otherwise interfere with the rights of a deaf or hard-of-hearing person under section 1420-A. [2003, c. 452, Pt. O, §6 (new); Pt. X, §2 (aff).]

[2003, c. 452, Pt. O, §6 (new); Pt. X, §2 (aff).]


2. Penalty. Violation of this section is a Class E crime. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. [2003, c. 452, Pt. O, §6 (new); Pt. X, §2 (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 This page created on: 2005-10-01
Title 26 - §1420-D. Misrepresentation of hearing dog head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 8: DEAF AND HARD-OF-HEARING PERSONS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Subarticle 2: RIGHTS OF DEAF AND HARD-OF-HEARING PERSONS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1420-D. Misrepresentation of hearing dog

A person who fits a dog with a collar and leash of the type required by section 1420-A, subsection 3 in order to represent that the dog is a hearing dog when training of the type that a hearing dog normally receives has not in fact been provided commits a civil violation for which a fine of not more than $100 may be adjudged. [2003, c. 452, Pt. O, §7 (new); Pt. X, §2 (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 This page created on: 2005-10-01
Title 26 - §1420. Policy head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 8: DEAF AND HARD-OF-HEARING PERSONS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Subarticle 2: RIGHTS OF DEAF AND HARD-OF-HEARING PERSONS (HEADING: PL 1995, c. 560, Pt. F, @13 (new))

§1420. Policy

It is the policy of this State to encourage and enable deaf and hard-of-hearing persons to participate fully in the social and economic life of this State and to engage in remunerative employment. The provisions of rights and penalties for denial of those rights, as specified in this subarticle, are not intended to abrogate any actions or penalties provided for violation of human rights, as specified in the Maine Human Rights Act, Title 5, chapter 337. [1995, c. 560, Pt. F, §13 (new).]
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 This page created on: 2005-10-01
Title 26 - §1421-A. Eligibility (REPEALED) head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 9: PERSONAL CARE ASSISTANCE SERVICES FOR ADULTS WITH SEVERE PHYSICAL DISABILITIES (HEADING: PL 1995, c. 560, Pt. F, @13 (new); PL 1997, c. 734, @4 (rp))

§1421-A. Eligibility (REPEALED)


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 This page created on: 2005-10-01
Title 26 - §1421-B. Evaluation teams (REPEALED) head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 9: PERSONAL CARE ASSISTANCE SERVICES FOR ADULTS WITH SEVERE PHYSICAL DISABILITIES (HEADING: PL 1995, c. 560, Pt. F, @13 (new); PL 1997, c. 734, @4 (rp))

§1421-B. Evaluation teams (REPEALED)


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 This page created on: 2005-10-01
Title 26 - §1421-C. Reimbursement (REPEALED) head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 9: PERSONAL CARE ASSISTANCE SERVICES FOR ADULTS WITH SEVERE PHYSICAL DISABILITIES (HEADING: PL 1995, c. 560, Pt. F, @13 (new); PL 1997, c. 734, @4 (rp))

§1421-C. Reimbursement (REPEALED)


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 This page created on: 2005-10-01
Title 26 - §1421. Program established (REPEALED) head>

Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, @12 (rpr); RR 1995, c. 2, @69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, @13 (new))
Article 9: PERSONAL CARE ASSISTANCE SERVICES FOR ADULTS WITH SEVERE PHYSICAL DISABILITIES (HEADING: PL 1995, c. 560, Pt. F, @13 (new); PL 1997, c. 734, @4 (rp))

§1421. Program established (REPEALED)


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 This page created on: 2005-10-01