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)
