Part 3: PUBLIC HEALTH HEADING: PL 1989, C. 487, §11 (RPR)
Chapter 258-A: BOARD OF PESTICIDES CONTROL
§1471-B. Board of Pesticides Control
The Board of Pesticides Control is established by Title 5, section 12004-D, subsection
3, within the Department of Agriculture, Conservation and Forestry. Except as provided
in this chapter, the board must be composed of 7 members, appointed by the Governor,
subject to approval by the joint standing committee of the Legislature having jurisdiction
over agricultural matters and confirmation by the Senate. To provide the knowledge
and experience necessary for carrying out the duties of the board, the board must
consist of the following members: one person with practical experience and knowledge
regarding the agricultural use of chemicals; one person who has practical experience
and knowledge regarding the use of chemicals in forest management; one person from
the medical community; a scientist from the University of Maine System having practical experience and expertise in integrated pest management; one commercial applicator; and 2 persons appointed to
represent the public. The 2 members appointed to represent the public must represent different geographic areas of the State. The term must be for 4 years,
except that of the initial appointees, 2 shall serve 4-year terms, 2 shall serve 3-year
terms, 2 shall serve 2-year terms and one shall serve a one-year term. Any vacancy
must be filled by an appointment for the remainder of the unexpired term.
2011, c. 119, §1 (AMD);
2011, c. 119, §2 (AFF);
2011, c. 657, Pt. W, §5 (REV)
2.Organization of the board.
The board shall elect a chair and any other officers it determines necessary from
among the membership. The board shall meet at the call of the chair or at the request
of any 3 members. Four members constitute a quorum and, except as otherwise provided
in this subsection, any action requires the affirmative vote of the greater of either
a majority of those present and voting or at least 2 members. Any action by the board
requesting that the Attorney General pursue a court action against an alleged violator
of any law or rule requires an affirmative vote by 3 members or a majority of those
present and voting, whichever is greater. The chair and any other officers shall
serve in those capacities for a period of one year following their elections.
1989, c. 841, §4 (AMD)
3.Compensation of the board.
Each public member shall be compensated according to the provisions of Title 5,
1983, c. 812, §120 (RPR)
The commissioner shall appoint a director, with the approval of the board. The
director shall be the principal administrative, operational and executive employee
of the board. The director shall attend and participate in all meetings of the board,
but may not vote. The director, with the approval of the commissioner and the board,
may hire whatever competent professional personnel and other staff he deems necessary.
All employees of the board shall be subject to Title 5, Part 2. The director may
obtain office space, goods and services as required.
1979, c. 644, §3 (NEW)
The board must establish standards for the delegation of its authority to the director
and staff. Any person aggrieved by a decision of the director and staff has a right
to a review of the decision by the board. The Commissioner of Agriculture, Conservation
and Forestry shall provide the board with administrative services of the department,
including assistance in the preparation of the board's budget. The commissioner may
require the board to reimburse the department for these services.
1989, c. 841, §5 (AMD);
2011, c. 657, Pt. W, §6 (REV)
6.Registration of pesticides.
1981, c. 112, §1 (RP)
Notwithstanding any other provisions of law, members of the board are eligible to
contract with the State when the contracts are awarded in accordance with normal bidding
procedures of the Department of Administrative and Financial Services. Members also
are eligible to receive grants when grants are awarded in accordance with normal state
procedures. A member may not vote on the award of a contract or grant for which that
member has submitted a bid or proposal.
2007, c. 466, Pt. A, §40 (RPR)
The board shall periodically meet in various geographic regions of the State. When
considering an enforcement action, the board shall attempt to meet in the geographic
region where the alleged violation occurred.
1989, c. 841, §6 (NEW)
1975, c. 293, §4 (AMD).
1975, c. 397, §2 (NEW).
1977, c. 696, §181 (AMD).
1979, c. 644, §3 (RPR).
1979, c. 731, §19 (AMD).
1981, c. 112, §1 (AMD).
1981, c. 470, §A66 (AMD).
1981, c. 632, §§1,2 (AMD).
1983, c. 309, (AMD).
1983, c. 812, §§119,120 (AMD).
1985, c. 779, §60 (AMD).
1985, c. 785, §A95 (AMD).
1987, c. 702, §2 (AMD).
1989, c. 503, §B83 (AMD).
1989, c. 841, §§4-6 (AMD).
1991, c. 376, §45 (AMD).
2007, c. 466, Pt. A, §40 (AMD).
2007, c. 466, Pt. B, §17 (AMD).
2011, c. 119, §1 (AMD).
2011, c. 119, §2 (AFF).
2011, c. 657, Pt. W, §§5, 6 (REV).
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