Ch. 4: Municipal Shellfish Conservation Warden Certification

section.

4.50 Revocation, Suspension or Refusal to Renew Certification

A. The Commissioner of the MDMR may revoke or deny certification if one or more of the following conditions exists:

An individual fails to meet the performance standards set forth in Chapter 4.60;

An individual faces disciplinary action or certification sanctions pursuant to 25 M.R.S §2806-A.

An individual violates a marine resources law or regulation;

(4) Conditions imposed under a conditional certification have not been satisfied;

(5) An individual fails to successfully complete or maintain the required certification training;

(6) An individual does not meet, or no longer meets, the minimum qualifications set forth in Chapter 4.20 or;

(7) An individual has engaged in “disqualifying conduct” established in Chapter 4.30.

B. Any suspension, revocation or refusal to renew a Municipal Shellfish Conservation Warden certificate pursuant to Chapter 4.50 shall require notice and allow opportunity for a hearing in accordance with 5 M.R.S. Chapter 375, subchapter 4.

4.60 Performance Standards

All Municipal Shellfish Conservation Wardens shall:

A. Enforce the municipality's shellfish conservation ordinance in accordance with the law;

B. Enforce the minimum size shellfish laws and regulations (12 M.R.S. §6681 and DMR Chapters 10 &14) for all shellfish species included in the municipality’s shellfish conservation ordinance, or stricter minimum size(s) if defined in the municipality’s shellfish conservation ordinance.

C. Enforce contaminated and polluted flats (12 M.R.S. §6172 and §6621), and serve all processes pertaining to the local municipal ordinance.

D. Adhere to principles of effective law enforcement to include, but not limited to:

Proper use of force;

Adherence to rules of evidence and legal procedure; and

(3) Proper use of arrest and summonsing powers.

CHAPTER 4

CERTIFICATION, RECERTIFICATION, REVOCATION OF CERTIFICATION FOR MUNICIPAL

SHELLFISH CONSERVATION WARDEN

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