Maine Department of Health and Human Services, Maine CDC Health Inspection Program (10-144 C.M.R. ch. 200), jointly with the Department of Agriculture, Conservation and Forestry (01-001 C.M.R. ch. 331), State of Maine Food Code 2013, 10-144 C.M.R. ch. 200 and 01-001 C.M.R. ch. 331 (last amended October 1, 2013): sec. 2-201.11 (permit holder shall require food employees to report symptoms and diagnoses of transmissible disease; exclusion and restriction), sec. 2-501.11 (clean-up procedures), sec. 8-304.11 (responsibilities of the permit holder: comply with the Code and with 'directives of the Regulatory Authority... in response to community emergencies'; discontinue operations on imminent health hazard), sec. 8-402.11 (access), sec. 8-404.11 (ceasing operations and reporting), sec. 8-404.12 (approval before resuming), sec. 8-405.11 (timely correction) (standing) (Ex. DUT-ME-017)
Occupational Safety and Health Administration, U.S. Department of Labor (Assistant Secretary David Michaels), Final rule, Maine State Plan for State and Local Government Employers; initial approval determination, 80 Fed. Reg. 46487 (Aug. 5, 2015) (29 C.F.R. part 1956, subpart O) (standing) (Ex. DUT-ME-006)
Maine Legislature (22 M.R.S. chapter 250, Control of Notifiable Diseases and Conditions; administered by the Department of Health and Human Services through the Maine Center for Disease Control and Prevention), 22 M.R.S. secs. 801-825: sec. 801(4-A) (extreme public health emergency) and 801(10) (public health threat); sec. 802 (authority of department; health emergency; emergency rules; Governor's declaration); sec. 803 (inspection); sec. 804 (enforcement by agents, local health officers, sheriffs and law enforcement; cease-and-desist; fines; injunction); sec. 805 (court orders); sec. 807 (control of communicable diseases; designated facilities); sec. 808 (investigations); sec. 810 (emergency temporary custody of person or property); secs. 811-812 (court-ordered public health measures); sec. 816 (compliance-conditioned immunity); sec. 820 (extreme public health emergency powers); secs. 821-822 (reporting); sec. 825 (penalties) (standing) (Ex. DUT-ME-001)
Maine Legislature (37-B M.R.S. chapter 13, Maine Emergency Management Agency; Governor's emergency powers), 37-B M.R.S. secs. 703 (definitions), 741(3)(H) (delegation), 742 (emergency proclamation; Governor's powers; sec. 742(1)(C)(2), (5), (8), (12), (13) and (1)(E)), 743 (termination), 786 (enforcement; Class E crime; arrest), 822 (compliance-conditioned immunity), 827 (aid in emergency; Class E crime), 829 (duty of agencies to execute and enforce orders), 834 (inconsistent laws suspended) (standing) (Ex. DUT-ME-004)
Hon. Nancy Torresen, U.S. District Judge, Order on Plaintiff's Motion for a Temporary Restraining Order, Calvary Chapel of Bangor v. Mills, No. 1:20-cv-00156-NT, ECF No. 27 (D. Me. May 9, 2020), reported at 459 F. Supp. 3d 273 (Ex. DUT-ME-013)
Hon. Lance E. Walker, U.S. District Judge, Order on Plaintiffs' Motion for Preliminary Injunction, Bayley's Campground, Inc. v. Mills, No. 2:20-cv-00176-LEW, ECF No. 20 (D. Me. May 29, 2020), reported at 463 F. Supp. 3d 22 (Ex. DUT-ME-011)
Hon. Lance E. Walker, U.S. District Judge, Order on Defendant's Motion to Dismiss, Savage v. Mills, No. 1:20-cv-00165-LEW, ECF No. 26 (D. Me. Aug. 7, 2020), reported at 478 F. Supp. 3d 16 (Ex. DUT-ME-014)
Maine Legislature (22 M.R.S. sec. 1561, Removal of private nuisance; enforced by local health officers), 22 M.R.S. sec. 1561 (owner's or occupant's duty to remove, within 24 hours of the local health officer's notice, any source of filth 'determined to be potentially injurious to health'; forfeiture; removal at owner's expense) (standing) (Ex. DUT-ME-015)
Maine Legislature (26 M.R.S. chapter 7, subchapter 5-B, Whistleblowers' Protection Act), 26 M.R.S. sec. 833(1)(A)-(B) (no employer may discharge, threaten or discriminate against an employee for reporting in good faith a violation of law or rule or 'a condition or practice that would put at risk the health or safety of that employee or any other individual') (standing) (Ex. DUT-ME-018)
Barron, Circuit Judge, for a panel with Selya, Circuit Judge, Opinion, Bayley's Campground, Inc. v. Mills, No. 20-1559 (1st Cir. Jan. 14, 2021), 985 F.3d 153 (Ex. DUT-ME-012)
130th Maine Legislature (L.D. 1, S.P. 29); became law without the Governor's signature, Public Law 2021, chapter 28 (L.D. 1), An Act To Establish the COVID-19 Patient Bill of Rights and To Amend the Governor's Emergency Powers, Part C, enacting 37-B M.R.S. sec. 742(1)(E) (standing) (Ex. DUT-ME-016)
Maine Legislature (26 M.R.S. chapter 6, Occupational Safety Rules and Regulations Board; Board of Occupational Safety and Health; Bureau of Labor Standards), 26 M.R.S. sec. 561-A (general duties of employer and employee), sec. 563(6)-(7) (employee and employer defined as public bodies), sec. 565 (Board rules 'must at a minimum conform to federal standards of occupational safety and health'), sec. 566 (Bureau inspects and enforces), sec. 568 (appeals), sec. 570 (discrimination) (standing) (Ex. DUT-ME-005)
Maine Legislature (26 M.R.S. chapter 3, Bureau of Labor Standards, Department of Labor), 26 M.R.S. sec. 42 (powers and duties of the Bureau; the director 'shall cause to be enforced... all laws established for the protection of health, lives and limbs of operators in workshops and factories, on railroads and in other places'), sec. 44 (right of access; records), sec. 45 (citations for violation of sec. 561-A or Board rules), sec. 46 (civil penalties), sec. 49 (imminent danger; Superior Court restraint), sec. 50 (inspections on employee complaint) (standing) (Ex. DUT-ME-007)
Maine Legislature (17 M.R.S. chapter 91, Nuisances), 17 M.R.S. sec. 2702 (abatement of nuisance), sec. 2705 (jurisdiction by injunction), sec. 2706 (penalty and abatement of public or common nuisance), sec. 2802 (miscellaneous nuisances: a building or place used for 'a trade, employment or manufacture' that 'becomes injurious and dangerous to the health, comfort or property of individuals or of the public') (standing) (Ex. DUT-ME-010)
Maine Legislature (22 M.R.S. chapter 562, Eating Establishments, Lodging Places, Campgrounds, Recreational and Sporting Camps, Youth Camps, Public Pools and Public Spas; administered by the DHHS Health Inspection Program), 22 M.R.S. sec. 2492 (license required), sec. 2496 (Department rulemaking; Maine Food Code), sec. 2497 (right of entry and inspection without warrant), sec. 2498 (fines; correction directives; penalties for operating unlicensed; Attorney General injunction), sec. 2500 (suspension or revocation; emergency suspension where conditions 'may endanger the life, health or safety of persons') (standing) (Ex. DUT-ME-008)
Maine Legislature (22 M.R.S. chapter 153, Local Health Officers; every municipality's local health officer under the supervision of the Commissioner of Health and Human Services), 22 M.R.S. sec. 451 (appointment), sec. 453 (local board of health), sec. 454-A (powers and duties: inspection of premises where 'conditions posing a public health threat' exist; orders for 'the suppression and removal of nuisances and conditions suspected of posing or found to pose a public health threat'; enforcement of public health laws), sec. 461 (notice to clean or quit unfit premises; closure), sec. 462 (law enforcement assistance) (standing) (Ex. DUT-ME-009)
