5 M.R.S. § 13072 — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13072
5 §13072. Community development
Status: in_force

The Office of Community Development shall assist municipalities in planning for and achieving economic growth and development while, at the same time, preserving and protecting their resources and assets. To achieve this purpose, the department, through the office, shall strive to remove barriers to balanced economic growth and provide planning, technical and financial resources to the municipalities to enhance economic development. [PL 2003, c. 198, §2 (AMD).]

The Director of the Office of Community Development shall administer the office in accordance with the policies of the commissioner and the provisions of this chapter. The director has the following powers and duties. [PL 2003, c. 198, §3 (AMD).]

1. Establish communication network. The director shall establish a communication network by which information, resources and assistance are transferred between State Government and the municipalities. A. The director shall work with municipalities and regional community and economic development organizations. The director shall work closely with persons or organizations representing municipalities and with regional community and economic development organizations to address the development needs, problems and opportunities of municipalities and regions. [PL 1987, c. 534, Pt. A, §§17, 19 (NEW).] [PL 1987, c. 534, Pt. A, §§17, 19 (NEW).]

2. Designate local and regional community and economic development organizations. The director shall monitor the activities of designated public and private, local and regional community and economic development organizations. In order to receive financial assistance and resources from the department, an agency must demonstrate the effective administration of programs and services and the effectiveness of these programs. [PL 1987, c. 534, Pt. A, §§17, 19 (NEW).]

3. Development grants. The director, with the approval of the commissioner, may provide grants to municipalities and regional development organizations for the purpose of creating economic and community development strategies and policies. [PL 1987, c. 534, Pt. A, §§17, 19 (NEW).]

4. Provide information. The director shall provide municipalities with information about the department's programs and services and shall refer municipalities to the offices and programs within the State that can best assist them. [PL 1995, c. 395, Pt. D, §6 (AMD).]

5. Work with state agencies. The director shall work with other state agencies that administer community and economic development programs and services used by municipalities. The director shall strive to coordinate department programs and services with the programs and services of these agencies. [PL 1987, c. 816, Pt. P, §9 (AMD).]

6. Administer Community Industrial Buildings Program. [PL 2001, c. 703, §4 (RP).]

7. Oversee community development resources and programs. The director shall oversee the implementation of community development programs to include at a minimum: A. The Community Development Block Grant Program; and [PL 2011, c. 655, Pt. FF, §1 (AMD); PL 2011, c. 655, Pt. FF, §16 (AFF).] B. [PL 1987, c. 816, Pt. P, §10 (RP).] C. [PL 1987, c. 816, Pt. P, §10 (RP).] D. [PL 1995, c. 395, Pt. D, §7 (RP).] E. [PL 1993, c. 92, §13 (RP).] F. [PL 1995, c. 395, Pt. D, §7 (RP).] G. Training and certification for municipal code enforcement officers under Title 30‑A, chapter 187, subchapter 5 . [PL 2011, c. 655, Pt. FF, §1 (NEW); PL 2011, c. 655, Pt. FF, §16 (AFF).] [PL 2011, c. 655, Pt. FF, §1 (AMD); PL 2011, c. 655, Pt. FF, §16 (AFF).]

8. Provide technical assistance. The director shall oversee delivery of technical assistance and resources to municipalities and regional community and economic development organizations for the purpose of encouraging economic growth while maintaining the quality of life. [PL 1995, c. 395, Pt. D, §8 (AMD).]

9. Provide technical assistance and resources for local parks and recreation development. [PL 1987, c. 816, Pt. P, §12 (RP).]

10. Enforcement assistance program. [PL 1995, c. 395, Pt. D, §9 (RP).]
5 M.R.S. § 19509 — ME Code / Title 5 / Part 24 / Chapter 511 / Section 19509
5 §19509. Notice of death or injury
Status: in_force

Notwithstanding any provision of law to the contrary, the following provisions apply to psychiatric hospitals, hospital units that are equipped to provide inpatient care and treatment for persons with mental illness, state mental health institutes and state-operated psychiatric treatment facilities. Notice provided under this section must be provided within 7 days of the date of the death, attempted suicide or the incident causing a serious injury resulting in significant impairment of physical condition. Notice provided under this section must include the name of the person with a disability; the name, address and telephone number of that person's legal guardian, conservator or legal representative and parent if that person is a minor; a detailed description of the occurrence and any injuries sustained; the name, street address and telephone number of the facility; and the name and job title of the person providing the notice. [PL 2001, c. 471, Pt. D, §8 (AMD); PL 2001, c. 471, Pt. D, §10 (AFF).]

1. Psychiatric hospitals; hospital units. A psychiatric hospital or a hospital unit that is equipped to provide inpatient care and treatment for persons with mental illness shall provide the agency with access to information relating to the death of any person with a disability who died while in the psychiatric hospital or hospital unit in seclusion or restraint, whose death occurred within 24 hours of being in seclusion or restraint in the psychiatric hospital or hospital unit or when it is reasonable to conclude that the death is a result of having been in seclusion or restraint in the psychiatric hospital or hospital unit. [PL 2001, c. 471, Pt. D, §9 (AMD); PL 2001, c. 471, Pt. D, §10 (AFF).]

2. State mental health institutes; state-operated psychiatric treatment facilities. A state mental health institute or state-operated psychiatric treatment facility shall notify the agency and provide access to information relating to a person with a disability if that person, while in the hospital, has died, attempted suicide or sustained a serious injury resulting in significant impairment of physical condition. For the purposes of this subsection, significant impairment includes serious injuries resulting from burns, lacerations, bone fractures, substantial hematoma and injuries to internal organs whether self-inflicted or inflicted by another person. [PL 2001, c. 357, §16 (NEW).]

3. Department. The Department of Health and Human Services shall, within 3 days of receipt, forward to the agency all notices received pursuant to Title 34‑B, section 3861, subsection 1, paragraph E . [PL 2007, c. 89, §1 (NEW).]
5 M.R.S. § 18361 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18361
5 §18361. CETA service
Status: in_force

1. Service credit allowed. Service credit for the period of CETA employment occurring after June 30, 1979, shall be granted to any person who, after June 30, 1979, satisfies the following conditions. A. The person was a CETA employee; [PL 1985, c. 801, §§5, 7 (NEW).] B. The person, within 90 days of termination of CETA employment, became a non-CETA employee of the employer; [PL 1985, c. 801, §§5, 7 (NEW).] C. The person, within 90 days of becoming a non-CETA employee, signified in writing to the retirement system the person's intention to purchase time credit under section 18308, subsection 4; [RR 2023, c. 2, Pt. B, §133 (COR).] D. The person has not received a return of any contributions made under section 18308, subsection 4 or has deposited the person's contributions within 18 months of obtaining non-CETA employment with the employer under section 18308, subsection 4; and [RR 2023, c. 2, Pt. B, §134 (COR).] E. The employer contribution required by section 18308, subsection 3 , has been paid. [PL 1985, c. 801, §§5, 7 (NEW).] [RR 2023, c. 2, Pt. B, §§133, 134 (COR).]

2. Retirement benefit effective before completion of payment. If any retirement benefit becomes effective before the completion of the deposit under section 18308, subsection 4, the person is entitled to credit for that portion of the person's CETA time that the amount of the deposit actually made bears to the total amount that would have been required to purchase the person's entire CETA time. [RR 2023, c. 2, Pt. B, §135 (COR).]

3. Service credit allowed. Service credit for the period of CETA employment occurring before July 1, 1979 must be granted to any person who satisfies the following conditions: A. The person was a CETA employee; [PL 1999, c. 241, §4 (NEW).] B. The person within 90 days of termination of CETA employment became a non-CETA employee of the employer; and [PL 1999, c. 241, §4 (NEW).] C. The employee contribution required by section 18308, subsection 4, paragraph D has been paid. [PL 1999, c. 241, §4 (NEW).] [PL 1999, c. 241, §4 (NEW).]
5 M.R.S. § 13062 — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13062
5 §13062. Office of Business Development
Status: in_force

The Director of the Office of Business Development shall administer the office in accordance with the policies of the commissioner and the provisions of this chapter, emphasizing a program of targeted business development designed to attract particular types of businesses that have potential for Maine and businesses that are considered to be compatible with Maine's environment and interests. The office shall actively seek and encourage firms to expand or locate in Maine. The office is responsible for the implementation of programs designed to promote Maine products in national and international markets and to develop markets for industry located in Maine. [PL 2003, c. 673, Pt. M, §6 (AMD).]

The Office of Business Development shall be responsible for the implementation of a program consisting of 3 primary elements. [PL 1987, c. 534, Pt. A, §§17, 19 (NEW).]

1. Business investment. Business investment shall be encouraged consistent with this subsection. A. The office shall conduct an analysis of the various industrial sectors of the economy. The types of businesses to be targeted for attraction are those that have potential for development in Maine and that will contribute to a healthy climate for Maine's businesses, families and environment. [PL 1999, c. 272, §1 (AMD).] B. The office shall report its findings and recommendations to the commissioner. The commissioner, with the advice of the director shall determine the type and extent of the business investment program to be implemented. [PL 1987, c. 534, Pt. A, §§17, 19 (NEW).] C. The director, with the approval of the commissioner, may make grants for market development from appropriations for that purpose to any municipality or group of municipalities which have received a grant of authority from the Federal Government to establish a foreign trade zone. [PL 1987, c. 534, Pt. A, §§17, 19 (NEW).] D. Application for foreign trade zones shall be according to this paragraph. (1) The director, with the approval of the commissioner, on behalf of the State, may make applications to the Foreign Trade Zone Board and establish foreign trade zones that are to be located on state-owned, leased or otherwise controlled property. A municipality, group of municipalities or a public or private corporation may, with the approval of the department, make applications to the Foreign Trade Zone Board and establish foreign trade zones at other locations. Foreign trade zones shall be established in or adjacent to any ports of entry in the State, where personal property in transit shall be exempt from the stock-in-trade tax and such other taxes and customs as are normally levied in a port of entry. (2) Any development or activity with a foreign trade zone established in the State is subject to the laws which the Department of Environmental Protection, Department of Agriculture, Conservation and Forestry, Department of Marine Resources and Department of Inland Fisheries and Wildlife are responsible for administering, as well as any other law which protects the environment. (3) For the purpose of this subsection, "personal property in transit" through the areas established under this paragraph means goods, wares and merchandise either moving in interstate or international commerce through these zones or consigned to a warehouse, public or private, within these zones, whether specified when transportation begins or afterward. This property shall not be deprived of exemption because, while in the warehouse, the property is assembled, bound, joined, processed, disassembled, divided, cut, broken in bulk, relabeled or repackaged. The exemption granted shall be liberally construed to effect the purposes of this subsection. The warehouse in which these goods, wares or merchandise are stored shall not be owned, in whole or in part, by either the consignee or consignor. This paragraph does not apply to agricultural products. [PL 1989, c. 781 (AMD); PL 2011, c. 657, Pt. W, §5 (REV).] [PL 1999, c. 272, §1 (AMD); PL 2011, c. 657, Pt. W, §5 (REV).]

2. Business assistance. Business assistance services shall be provided consistent with this subsection. A. The office shall provide business assistance services that are convenient to businesses throughout the State. The office shall use certified local and regional economic development organizations, educational institutions or certified private sector firms to implement this subsection. (1) Business assistance services shall include managerial and technical assistance and assistance with applications for loans and the completion of applications for licenses and permits from regulatory agencies. (2) The office, in conjunction with local and regional organizations and other institutions and firms in the private sector with marketing expertise, may conduct seminars on marketing and marketing-related topics for Maine businesses. [PL 1987, c. 534, Pt. A, §§17, 19 (NEW).] B. In accordance with section 13063 , the office shall implement a business ombudsman program. [PL 2011, c. 304, Pt. C, §1 (AMD).] [PL 2011, c. 304, Pt. C, §1 (AMD).]

3. Industry-wide assistance and market development. The director shall be responsible for a program of industry-wide assistance and market development. A. The director shall work with other state agencies which implement marketing programs and strive to coordinate the marketing activities of the department with those of other agencies whenever possible. [PL 1987, c. 534, Pt. A, §§17, 19 (NEW).] B. The director shall be responsible, to the maximum extent possible, for providing assistance to industry sectors and business to identify market opportunities, develop market strategies and to promote industry-wide development. [PL 1987, c. 534, Pt. A, §§17, 19 (NEW).] [PL 1987, c. 534, Pt. A, §§17, 19 (NEW).]
5 M.R.S. § 1725-A — ME Code / Title 5 / Part 4 / Chapter 152 / Section 1725-A
5 §1725-A. Risk management
Status: in_force

1. Creation and authority. The Department of Administrative and Financial Services is designated as the agency through which this chapter is administered. The State Controller is empowered with such authority as necessary to carry out the purposes of this chapter. Risk management responsibilities are under the supervision and administrative control of the State Controller. [PL 2017, c. 284, Pt. O, §1 (AMD).]

2. State Controller. The commissioner shall direct the State Controller to administer the State's policy on insurance management, as developed through the authority of this chapter. The State Controller or the State Controller's designee must be knowledgeable of insurance practices and principles and must be qualified by actual experience in the field of risk management to carry out the purposes of this chapter. [PL 2017, c. 284, Pt. O, §1 (AMD).]

3. Personnel. The State Controller may employ such assistants and employees as are necessary, and distribute the risk management duties among such persons as the State Controller considers necessary for economy and efficiency of administration. Employees are subject to the Civil Service Law. [PL 2017, c. 284, Pt. O, §1 (AMD).]
5 M.R.S. § 7070 — ME Code / Title 5 / Part 17-A / Chapter 372 / Section 7070
5 §7070. Personnel records
Status: in_force

Every appointment, transfer, promotion, demotion, dismissal, vacancy, change of salary rate, leave of absence, absence from duty and other temporary or permanent change in status of employees in both the classified service and the unclassified service of the Executive and Legislative Departments must be reported to the officer at such time, in such form and together with such supportive or pertinent information as the officer by rule prescribes. [RR 2023, c. 1, Pt. B, §42 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]

The officer shall maintain a perpetual roster of all officers and employees in the classified and unclassified services, showing for each person such data that the officer considers pertinent. [RR 2023, c. 1, Pt. B, §43 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]

Records of the Bureau of Human Resources are public records and open to inspection of the public during regular office hours at reasonable times and in accordance with the procedure as the officer may provide. [RR 2023, c. 1, Pt. B, §44 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]

The following records shall be confidential and not open to public inspection, and shall not be "public records," as defined in Title 1, section 402, subsection 3 : [PL 1985, c. 785, Pt. B, §38 (NEW).]

1. Papers relating to applications, examinations or evaluations of applicants. Except as provided in this subsection, applications, resumes, letters and notes of reference, working papers, research materials, records, examinations and any other documents or records and the information they contain, solicited or prepared either by the applicant or the State for use in the examination or evaluation of applicants for positions as state employees. A. Notwithstanding any confidentiality provision other than this subsection, applications, resumes and letters and notes of reference, other than those letters and notes of reference expressly submitted in confidence, pertaining to the applicant hired are public records after the applicant is hired, except that personal contact information is not a public record as provided in Title 1, section 402, subsection 3, paragraph O . [PL 2007, c. 597, §5 (AMD).] B. Telephone numbers are not public records if they are designated as "unlisted" or "unpublished" in an application, resume or letter or note of reference. [PL 1989, c. 402, §1 (NEW).] C. This subsection does not preclude union representatives from access to personnel records, consistent with subsection 4 , which may be necessary for the bargaining agent to carry out its collective bargaining responsibilities. Any records available to union representatives which are otherwise covered by this subsection shall remain confidential and are not open to public inspection; [PL 1989, c. 402, §1 (NEW).] [PL 2007, c. 597, §5 (AMD).]

2. Personal information. Records containing the following, except they may be examined by the employee to whom they relate when the examination is permitted or required by law: A. Medical information of any kind, including information pertaining to diagnosis or treatment of mental or emotional disorders; [PL 1985, c. 785, Pt. B, §38 (NEW).] B. Performance evaluations and personal references submitted in confidence; [PL 1985, c. 785, Pt. B, §38 (NEW).] C. Information pertaining to the credit worthiness of a named employee; [PL 1985, c. 785, Pt. B, §38 (NEW).] D. Information pertaining to the personal history, general character or conduct of members of the employee's immediate family; [PL 1997, c. 124, §2 (AMD).] D-1. Personal information, including that which pertains to the employee's: (1) Age; (2) Ancestry, ethnicity, genetic information, national origin, race or skin color; (3) Marital status; (4) Mental or physical disabilities; (5) Personal contact information, as described in Title 1, section 402, subsection 3, paragraph O ; (6) Personal employment choices pertaining to elected payroll deductions, deferred compensation, savings plans, pension plans, health insurance and life insurance; (7) Religion; (8) Sex, gender identity or sexual orientation as defined in section 4553, subsection 9‑C ; or (9) Social security number. Such personal information may be disclosed publicly in aggregate form, unless there is a reasonable possibility that the information would be able to be used, directly or indirectly, to identify any specific employee. When there is a work requirement for public access to personal information under this paragraph that is not otherwise protected by law, that information may be made public. The State Human Resources Officer, upon the request of the employing agency, shall make the determination that the release of certain personal information not otherwise protected by law is allowed; [PL 2023, c. 615, §1 (AMD).] E. Except as provided in paragraph F and section 7070‑A , complaints, charges or accusations of misconduct, replies to those complaints, charges or accusations and any other information or materials that may result in disciplinary action. If disciplinary action is taken, the final written decision relating to that action is no longer confidential after the decision is completed if it imposes or upholds discipline. The decision must state the conduct or other facts on the basis of which disciplinary action is being imposed and the conclusions of the acting authority as to the reasons for that action. If an arbitrator completely overturns or removes disciplinary action from an employee personnel file, the final written decision is public except that the employee's name must be deleted from the final written decision and kept confidential. If the employee whose name was deleted from the final written decision discloses that the employee is the person who is the subject of the final written decision, the entire final written report, with regard to that employee, is public. For purposes of this paragraph, "final written decision" means: (1) The final written administrative decision that is not appealed pursuant to a grievance arbitration procedure; or (2) If the final written administrative decision is appealed to arbitration, the final written decision of a neutral arbitrator. A final written administrative decision that is appealed to arbitration is no longer confidential 120 days after a written request for the decision is made to the employer if the final written decision of the neutral arbitrator is not issued and released before the expiration of the 120 days; and [PL 2023, c. 615, §2 (AMD).] F. In the case of an allegation of sexual misconduct or sexual harassment within a correctional facility, a determination that the allegation was substantiated, unsubstantiated or unfounded, except that the determination may be disclosed to the alleged victim. Unless the allegation is determined to be unfounded, the following information may also be shared with the alleged victim: (1) Whether the individual alleged to have engaged in the sexual misconduct or sexual harassment is still assigned to the same work location where the sexual misconduct or sexual harassment allegedly occurred; (2) Whether the individual under subparagraph (1) is still employed at the correctional facility; (3) Whether the individual under subparagraph (1) has been criminally charged or convicted of a crime arising out of the allegation of sexual misconduct or sexual harassment; and (4) Whether the prosecuting agency declined to seek an indictment or the grand jury declined to indict the individual under subparagraph (1) based on the allegation of sexual misconduct or sexual harassment. [PL 2023, c. 646, Pt. B, §1 (AMD).] This subsection does not preclude union representatives from having access to personnel records, consistent with subsection 4 , that may be necessary for the bargaining agent to carry out its collective bargaining responsibilities. Any records available to union representatives that are otherwise covered by this subsection remain confidential and are not open for public inspection; [PL 2023, c. 646, Pt. B, §1 (AMD).]

3. Other information. Other information to which access by the general public is prohibited by law. [PL 1985, c. 785, Pt. B, §38 (NEW).]

4. Disclosure of certain information for grievance and other proceedings. The State Human Resources Officer may release specific information designated confidential by this section to be used in negotiations, mediation, fact-finding, arbitration, grievance proceedings and other proceedings in which the State is a party. For the purpose of this subsection, "other proceedings" means unemployment compensation proceedings, workers' compensation proceedings, human rights proceedings and labor relations proceedings. Confidential information provided under this subsection shall be governed by the following. A. The information to be released shall be information only as necessary and directly related to the proceeding as determined by the State Human Resources Officer. [PL 1987, c. 673, §1 (NEW); PL 2023, c. 412, Pt. D, §3 (REV).] B. [PL 2007, c. 240, Pt. HH, §12 (RP).] C. The proceeding for which the confidential information is provided shall be private and not open to the public; or, if the proceeding is open to the public, the confidential information shall not be disclosed except exclusively in the presence of the fact finder, the parties and counsel of record, and the employee who is the subject of the proceeding and provisions are made to ensure that there is no public access to the confidential information. [PL 1987, c. 673, §1 (NEW).] The State may use this confidential information in proceedings and provide copies to the employee organization that is a party to the proceedings, provided the information is directly related to those proceedings as defined by the applicable collective bargaining agreement. Confidential personnel records in the possession of the Bureau of Human Resources may not be open to public inspection and may not be "public records," as defined in Title 1, section 402, subsection 3 . [PL 2007, c. 240, Pt. HH, §12 (AMD); PL 2023, c. 412, Pt. D, §3 (REV).]

5. Constitutional obligations of a prosecutor. Notwithstanding this section or any other provision of law, this section does not preclude the disclosure of confidential personnel records and the information contained in those records to the Attorney General, a deputy attorney general, an assistant attorney general, a district attorney, a deputy district attorney, an assistant district attorney or the equivalent departments or offices in a federal jurisdiction that are related to the determination of and compliance with the constitutional obligations of the State or the United States to provide discovery to a defendant in a criminal matter. A person or entity participating in good faith disclosure under this subsection or participating in a related proceeding is immune from criminal and civil liability for the act of disclosure or for participating in the proceeding. [PL 2013, c. 201, §1 (NEW).]
5 M.R.S. § 4594-B — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4594-B
5 §4594-B. Standards for facilities constructed or altered between January 1, 1988 and September 1, 1988
Status: in_force

1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings. A. "Builder" means the applicant for a building permit in a municipality that requires such permits or the owner of the property in a municipality that does not require building permits. [PL 1987, c. 112 (NEW).] B. "Design professional" means an architect or professional engineer registered to practice under Title 32 . [PL 1987, c. 112 (NEW).] C. "Standards of construction" means the 1986 standards set forth by the American National Standards Institute in the publication "Specifications for Making Buildings and Facilities Accessible to and Usable by Physically Handicapped People," ANSI A 117.1-1986. [PL 1987, c. 112 (NEW).] [PL 1987, c. 112 (NEW).]

2. Facilities attested. This section applies to any building or facility constructed specifically as a place of public accommodation on or after January 1, 1988 but before September 1, 1988 or when the estimated total costs for remodeling or enlarging an existing building exceed $150,000 and the remodeling or enlarging is begun after January 1, 1988 but before September 1, 1988. [PL 2011, c. 322, §4 (AMD).]

3. Application. Facilities subject to this section must meet the following standards. A. Facilities subject to this section constructed on or after January 1, 1988 but before September 1, 1988 must meet the standards of construction. [PL 2011, c. 322, §4 (AMD).] B. Plans to reconstruct, remodel or enlarge an existing place of public accommodation, when the estimated total cost exceeds $150,000, are subject to this section when the proposed reconstruction, remodeling or enlargement will substantially affect that portion of the building normally accessible to the public. Facilities subject to this section that are remodeled, enlarged or renovated on or after January 1, 1988 but before September 1, 1988 must meet the requirements of the following 4 parts of the standards of construction: (1) 4.3 accessible routes; (2) 4.13 doors; (3) 4.17 toilet stalls; and (4) 4.29.3 tactile warnings on doors to hazardous areas. [PL 2011, c. 322, §4 (AMD).] [PL 2011, c. 322, §4 (AMD).]

4. Certification; inspection. The builder of a facility to which this section applies shall obtain a certification from a design professional that the plans of the facility meet the standards of construction required by this section. Prior to commencing construction of the facility, the builder shall submit the certification to: A. The municipal authority who reviews plans in the municipality where the facility will be constructed; or [PL 1987, c. 112 (NEW).] B. If the municipality where the facility will be constructed has no authority who reviews plans, the municipal officers of the municipality. [PL 1987, c. 112 (NEW).] If municipal officials of the municipality where the facility will be constructed inspect buildings for compliance with construction standards, that inspection shall include an inspection for compliance with the standards required by this section. The municipal officials shall require the facility inspected to meet the construction standards of this section before the municipal officials permit the facility to be occupied. [PL 1987, c. 112 (NEW).]
5 M.R.S. § 13120-H — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13120-H
5 §13120-H. Taxation and fees
Status: in_force

Notwithstanding any other provision of law, for the purposes of this subchapter, transactions and property of the authority must be treated as follows. [PL 2001, c. 703, §6 (NEW).]

1. Revenue obligation securities; exemption from taxation. Revenue obligation securities of the authority are issued for an essential public and governmental purpose, are public instruments and, together with interest and income, including the profit made from their transfer or sale, are exempt from taxation within the State. [PL 2001, c. 703, §6 (NEW).]

2. Conveyances, leases, mortgages, deeds of trust; trust indentures; exemptions from taxation. Conveyances by or to the authority and leases, mortgages and deeds of trust or trust indentures by or to the authority are exempt from all taxation by the State or any of its political subdivisions, including, but not limited to, any applicable license, excise or other taxes imposed in respect of the privilege of engaging in any of the activities in which the authority may engage. [PL 2001, c. 703, §6 (NEW).]

3. Property exemption from taxation and other assessments. Property acquired, held or transferred by the authority is exempt from all taxes and from betterments and special assessments of the city, town, county, State or any political subdivision of State Government or county or local governments. The authority may agree to make payments in lieu of taxes to the applicable political subdivisions. [PL 2001, c. 703, §6 (NEW).]
5 M.R.S. § 9056 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 9056
5 §9056. Opportunity to be heard
Status: in_force

1. Opportunity for hearing. The opportunity for hearing in an adjudicatory proceeding shall be afforded without undue delay. [PL 1977, c. 551, §3 (NEW).]

2. Rights. Unless limited by stipulation under section 9053, subsection 4 , or by agency order pursuant to section 9054, subsections 2 or 4 , or unless otherwise limited by the agency to prevent repetition or unreasonable delay in proceedings, every party shall have the right to present evidence and arguments on all issues, and at any hearing to call and examine witnesses and to make oral cross-examination of any person present and testifying. [PL 1977, c. 551, §3 (NEW).]
5 M.R.S. § 1535 — ME Code / Title 5 / Part 4 / Chapter 142 / Section 1535
5 §1535. General Fund transfers to stabilization fund
Status: reserved

Baseline General Fund revenue that exceeds the General Fund appropriation limitation established by section 1534 for any fiscal year must be reserved for the stabilization fund. The reserved amount must be adjusted each time baseline General Fund revenue changes. At the close of each fiscal year, the State Controller shall transfer to the stabilization fund the lesser of the reserved amount and the amount of actual General Fund revenues that exceed the General Fund appropriation limitation for that fiscal year. Following the transfer, the reserved amount for that fiscal year is zero. If the stabilization fund is at its limit of 18% of General Fund revenue of the immediately preceding year, amounts that would otherwise have been transferred to the stabilization fund pursuant to this section must be transferred as follows: [PL 2023, c. 412, Pt. I, §7 (RPR).]

1. Highway and Bridge Capital. Eighty percent to the Department of Transportation, Highway and Bridge Capital program, Other Special Revenue Funds account; [PL 2023, c. 412, Pt. I, §7 (NEW).]

2. School Revolving Renovation Fund. Ten percent to the School Revolving Renovation Fund established in Title 30‑A, section 6006‑F, subsection 1 ; and [PL 2023, c. 412, Pt. I, §7 (NEW).]

3. Irrevocable Trust Funds for Other Post-employment Benefits. Ten percent to the Irrevocable Trust Funds for Other Post-employment Benefits established in section 286‑B, subsection 2 for the state employee plan. [PL 2023, c. 643, Pt. F, §3 (AMD).]
5 M.R.S. § 3371 — ME Code / Title 5 / Part 10-A / Chapter 319 / Section 3371
5 §3371. Maine Fire Protection Services Commission
Status: in_force

1. Commission established. The Maine Fire Protection Services Commission, referred to in this chapter as the "commission," is established to monitor and evaluate the State's fire protection services system on a continuing basis and to provide recommendations to the appropriate state agencies and to the Legislature regarding necessary changes in the fire protection services system. The commission is established pursuant to section 12004‑J, subsection 12 . [PL 1999, c. 731, Pt. AAAA, §1 (NEW).]

2. Membership. The commission consists of 23 members appointed as follows: A. Two members of the Senate, appointed by the President of the Senate; [PL 2003, c. 160, §1 (AMD).] B. Three members of the House of Representatives, appointed by the Speaker of the House of Representatives; [PL 2003, c. 160, §1 (AMD).] C. The State Fire Marshal or the fire marshal's designee; [PL 1999, c. 731, Pt. AAAA, §1 (NEW).] D. The Supervisor of the Forest Fire Control Division of the Maine Forest Service or the supervisor's designee; [PL 1999, c. 731, Pt. AAAA, §1 (NEW).] E. The Director of the Bureau of Labor Standards or the director's designee; [PL 1999, c. 731, Pt. AAAA, §1 (NEW).] E-1. The Director of Maine Emergency Medical Services or the director's designee; [PL 2003, c. 160, §1 (NEW).] E-2. The Director of the Maine Emergency Management Agency or the director's designee; [PL 2003, c. 160, §1 (NEW).] F. One municipal fire chief who is a full-time fire chief and a member of the Maine Fire Chiefs Association, appointed by the Governor; [PL 1999, c. 731, Pt. AAAA, §1 (NEW).] G. One municipal fire chief who is a volunteer fire chief and a member of the Maine Fire Chiefs Association, appointed by the Governor; [PL 1999, c. 731, Pt. AAAA, §1 (NEW).] H. One municipal fire chief who is paid on call and a member of the Maine Fire Chiefs Association, appointed by the Governor; [PL 1999, c. 731, Pt. AAAA, §1 (NEW).] I. Six firefighters appointed as follows: (1) Two career firefighters who are members of the Professional Fire Fighters of Maine, appointed by the Governor; (2) Two call firefighters who are members of the Maine State Federation of Fire Fighters, appointed by the Governor; and (3) Two volunteer firefighters who are members of the Maine State Federation of Fire Fighters, appointed by the Governor; [PL 1999, c. 731, Pt. AAAA, §1 (NEW).] J. The administrator of the Maine Fire Service Institute within the Maine Community College System, or the administrator's designee; and [PL 2011, c. 691, Pt. C, §1 (AMD).] K. Three persons appointed by the Governor, including: (1) One member representing the Governor's office; (2) One public member; and (3) One member representing the insurance industry. [PL 1999, c. 731, Pt. AAAA, §1 (NEW).] The Governor shall request a list of names from the organizations covered under paragraphs F to I from which to make appointments. [PL 2011, c. 691, Pt. C, §1 (AMD).]

3. Chair. The Governor shall designate the first chair from among the appointees. The first chair shall call the first meeting of the commission as soon as funding permits. At the first meeting, the commission shall select a chair, a vice-chair, a secretary and a treasurer from among its members. The commission may select new officers annually. [PL 1999, c. 731, Pt. AAAA, §1 (NEW).]

4. Terms of appointment. The terms of appointment are as follows. A. Of the initial gubernatorial appointments, 4 must be for terms of 3 years, 4 must be for terms of 2 years and 4 must be for terms of one year. [PL 1999, c. 731, Pt. AAAA, §1 (NEW).] B. Subsequent gubernatorial appointments are for terms of 3 years. Members may serve beyond their designated terms until their successors are appointed. [PL 1999, c. 731, Pt. AAAA, §1 (NEW).] C. Terms of appointment for Legislators coincide with their respective legislative terms of office. [PL 1999, c. 731, Pt. AAAA, §1 (NEW).] D. Other appointed members who are neither Legislators nor gubernatorial appointees serve for terms of 3 years. [PL 1999, c. 731, Pt. AAAA, §1 (NEW).] [PL 1999, c. 731, Pt. AAAA, §1 (NEW).]

5. Meetings. The commission may meet as often as necessary but must meet at least quarterly. A meeting may be called by the chair or by any 4 members. The commission shall take and maintain minutes of all meetings. [PL 1999, c. 731, Pt. AAAA, §1 (NEW).]

6. Staffing. If funding permits, the commission may employ staff as needed. The staffs of the members represented on the commission may assist the commission in carrying out its functions and duties within their existing resources. The commission may contract for administrative, professional and clerical services if funding permits. [PL 1999, c. 731, Pt. AAAA, §1 (NEW).]

7. Funding. The commission may seek, accept and expend outside funding to carry out its duties. [PL 1999, c. 731, Pt. AAAA, §1 (NEW).]

8. Duties. The commission shall: A. Regularly advise the Governor and executive officers, the Legislature, the Maine Forest Service, municipal fire departments and any other parties affected by its recommendations regarding fire protection services; [PL 1999, c. 731, Pt. AAAA, §1 (NEW).] B. Submit a report containing the results of its studies, findings and recommendations to the Governor and to the joint standing committee of the Legislature having jurisdiction over fire protection services matters by December 31st of each year. As resources permit, the report must include: (1) A detailed assessment of existing and needed resources within the State's fire protection services system, including capital needs for training facilities, funding options for facilities and oversight and administration of any training facilities funds; (2) A detailed assessment of expected resource needs in the State's fire protection services system and recommendations for funding those needs, including an evaluation of the appropriate level for the fire premium tax and bond initiative proposals; (3) An evaluation of existing fire prevention, fire suppression, fire safety and fire training strategies and programs, including recommendations for improvements, new programs and strategies, funding options for training and oversight and administration of any training funds; (4) Recommendations for effective management of resources within the State's fire protection services system; (5) Recommendations for enhancing the collection and distribution of fire data, particularly as these data relate to increasing the fire protection services' capacity to fight fires and to save lives; (6) Recommendations regarding evaluation methodology for the State's fire protection services system; (7) Recommendations for recruitment and retention of volunteers, including a length-of-service incentive program for volunteer firefighters; (8) Recommendations for creating a health insurance bridge for retired career firefighters; (9) Recommendations for creating a fund to be used to provide a death benefit for firefighters and emergency medical services persons who die in the line of duty; (10) Recommendations regarding fire investigation and inspection service needs of the Department of Public Safety, Office of the State Fire Marshal; and (11) Recommendations regarding grants available for fire training and fire protection needs; [PL 1999, c. 731, Pt. AAAA, §1 (NEW).] C. Develop rules of procedure necessary to carry out its duties. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A ; [PL 1999, c. 731, Pt. AAAA, §1 (NEW).] D. [PL 2001, c. 471, Pt. A, §5 (RP).] E. Conduct public hearings, conferences, workshops and other meetings to obtain information about and discuss and publicize the needs of and solutions to problems concerning the State's fire protection services; [PL 1999, c. 731, Pt. AAAA, §1 (NEW).] F. Assist all governmental agencies with firefighter training and education responsibilities to enhance their delivery of services to fire prevention, protection and life safety professionals, including paid, call and volunteer fire service members; [PL 2017, c. 444, §1 (AMD).] G. Submit proposed legislation to the Legislature to implement any recommendations of the commission; [PL 2021, c. 731, §1 (AMD).] H. Make awards from the Live Fire Service Training Facilities Fund pursuant to Title 20‑A, section 9004 and direct the Maine Fire Service Institute within the Maine Community College System to make payments to municipalities from the fund; and [PL 2021, c. 731, §2 (AMD).] I. Make awards from the Regional Fire Service Training Fund pursuant to Title 20‑A, section 9005 and direct the Maine Fire Service Institute within the Maine Community College System to make payments to municipalities from the fund. [PL 2021, c. 731, §3 (NEW).] [PL 2021, c. 731, §§1-3 (AMD).]
5 M.R.S. § 171 — ME Code / Title 5 / Part 1 / Chapter 7-A / Section 171
5 §171. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2021, c. 356, §1 (NEW).]

1. Board. "Board" means the Maine Retirement Savings Board under section 172 . [PL 2021, c. 356, §1 (NEW).]

2. Covered employee. "Covered employee" means an individual who is 18 years of age or older who is employed by a covered employer and who has wages or other compensation that are allocable to the State during a calendar year. "Covered employee" does not include: A. An employee covered under the federal Railway Labor Act, 45 United States Code, Section 151; [PL 2021, c. 356, §1 (NEW).] B. An employee on whose behalf an employer makes contributions to a multiemployer pension trust fund authorized by the federal Labor Management Relations Act, 1947, Public Law 80-101, known as the Taft-Hartley Act; or [PL 2021, c. 356, §1 (NEW).] C. An individual who is an employee of the Federal Government, the State or any other state, any county or municipal corporation or any of the State's or any other state's units or instrumentalities. [PL 2021, c. 356, §1 (NEW).] "Covered employee" may include a part-time, seasonal or temporary employee only to the extent permitted in rules adopted by the board pursuant to section 174 . [PL 2021, c. 356, §1 (NEW).]

3. Covered employer. "Covered employer" means a person or entity engaged in a business, industry, profession, trade or other enterprise in the State, whether for profit or not for profit, that has not offered to its employees, effective in form or operation at any time within the current calendar year or 2 preceding calendar years, a specified tax-favored retirement plan. "Covered employer" does not include: A. The Federal Government, the State or any other state, any county or municipal corporation or any of the State's or any other state's units or instrumentalities; or [PL 2021, c. 356, §1 (NEW).] B. An employer that has not been in business during both the current calendar year and the preceding calendar year. [PL 2021, c. 356, §1 (NEW).] If an employer does not maintain a specified tax-favored retirement plan for a portion of a calendar year ending on or after the effective date of this chapter, but does adopt such a plan for the remainder of that calendar year, the employer is not a covered employer for the remainder of the year. [PL 2021, c. 356, §1 (NEW).]

4. Enterprise fund. "Enterprise fund" means the Maine Retirement Savings Program Enterprise Fund established in section 178 . [PL 2021, c. 356, §1 (NEW).]

5. ERISA. "ERISA" means the federal Employee Retirement Income Security Act of 1974, as amended, 29 United States Code, Section 1001 et seq. [PL 2021, c. 356, §1 (NEW).]

6. Internal Revenue Code. "Internal Revenue Code" means the United States Internal Revenue Code of 1986, as amended. [PL 2021, c. 356, §1 (NEW).]

7. IRA. "IRA" means a traditional IRA or Roth IRA. [PL 2021, c. 356, §1 (NEW).]

8. Participant. "Participant" means an individual who has an IRA under the program. [PL 2021, c. 356, §1 (NEW).]

9. Payroll deduction IRA or payroll deduction IRA arrangement. "Payroll deduction IRA" or "payroll deduction IRA arrangement" means an arrangement by which an employer allows employees to contribute to an IRA by means of payroll deduction. [PL 2021, c. 356, §1 (NEW).]

10. Program. "Program" means the Maine Retirement Savings Program established in accordance with this chapter. [PL 2021, c. 356, §1 (NEW).]

11. Retirement system. "Retirement system" means the Maine Public Employees Retirement System established in section 17101 . [PL 2021, c. 356, §1 (NEW).]

12. Roth IRA. "Roth IRA" means a Roth individual retirement account or Roth individual retirement annuity described in Section 408A of the Internal Revenue Code. [PL 2021, c. 356, §1 (NEW).]

13. Specified tax-favored retirement plan. "Specified tax-favored retirement plan" means a plan, program or arrangement that is tax-qualified under or described in, and satisfies the requirements of, Section 401(a), Section 401(k), Section 403(a), Section 403(b), Section 408(k), Section 408(p) or Section 457(b) of the Internal Revenue Code, without regard to whether it constitutes an employee benefit plan under ERISA. [PL 2021, c. 356, §1 (NEW).]

14. Traditional IRA. "Traditional IRA" means a traditional individual retirement account or traditional individual retirement annuity described in Section 408(a) or Section 408(b) of the Internal Revenue Code. [PL 2021, c. 356, §1 (NEW).]

15. Wages. "Wages" means any compensation within the meaning of Section 219(f)(1) of the Internal Revenue Code that is received by an employee from an employer during a calendar year. [PL 2021, c. 356, §1 (NEW).]
5 M.R.S. § 285 — ME Code / Title 5 / Part 1 / Chapter 13 / Section 285
5 §285. Group health plan
Status: in_force

A group health plan is available to state employees and other eligible persons, subject to the following provisions. [PL 2001, c. 439, Pt. XX, §1 (AMD).]

1. Eligibility; generally. The following persons are eligible for a group health plan: A. Each appointed or elective officer or employee of the State who is eligible for membership in the Maine Public Employees Retirement System, Legislative Retirement Program or the State Police Retirement System; [RR 2011, c. 1, §4 (COR).] A-1. Any employee of the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf, unless a different health program is established by collective bargaining agreement or otherwise consistent with applicable law; [PL 2005, c. 279, §1 (AMD).] A-1. (REALLOCATED TO T. 5, §285, sub-§1, ¶A-2) [RR 2001, c. 1, §7 (RAL); PL 2001, c. 374, §1 (NEW).] A-2. (REALLOCATED FROM T. 5, §285, sub-§1, ¶A-1) Any employee of the Maine Military Authority; [RR 2001, c. 1, §7 (RAL).] B. Any member of the judiciary; [PL 1993, c. 16, §1 (AMD).] B-1. Any member of the former Workers' Compensation Commission as follows: (1) A member who retired prior to January 1, 1993; and (2) For the period of employment, a member who is an employee of the Workers' Compensation Board between January 1, 1993 and December 31, 1993; [PL 1993, c. 16, §2 (NEW).] C. [PL 1987, c. 221, §1 (RP).] D. Any employee of the Maine State Employees Association; [PL 1983, c. 692, §1 (NEW).] E. Any employee of Council 74 of the American Federation of State, County and Municipal Employees; [PL 1983, c. 692, §1 (NEW).] F. Any employee of the Maine Turnpike Authority; [PL 1985, c. 695, §4 (AMD).] F-1. Any employee of the Maine Community College System; [PL 1989, c. 443, §6 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).] F-2. Any employee of the Maine Maritime Academy; [PL 1993, c. 410, Pt. L, §9 (AMD).] F-3. Any employee of the Maine Public Employees Retirement System; [PL 1997, c. 80, §1 (NEW); PL 1997, c. 455, §2 (AMD); PL 2007, c. 58, §3 (REV).] F-4. Any member of the Maine National Guard performing state active service pursuant to Title 37‑B, section 181‑A, subsection 4 or 5 ; [PL 1999, c. 152, Pt. E, §1 (AMD).] F-5. Any employee of the Northern New England Passenger Rail Authority; [PL 1999, c. 152, Pt. E, §2 (NEW).] F-6. Any employee of the Maine Port Authority; [PL 2007, c. 134, §1 (NEW).] F-7. Any employee of a regional site of the Child Development Services System under Title 20‑A, section 7209 , if the group health plan is agreed to in collective bargaining and funds are available; [RR 2009, c. 1, §5 (COR).] F-8. Any employee of the Finance Authority of Maine; [PL 2009, c. 571, Pt. NN, §1 (NEW).] F-9. Any employee of the Maine School of Science and Mathematics; [PL 2011, c. 67, §1 (NEW).] F-10. Any employee of the Small Enterprise Growth Board; [PL 2011, c. 514, §1 (NEW).] F-11. [PL 2023, c. 607, §2 (RP).] F-12. Any employee of the Maine Retirement Savings Board; [PL 2023, c. 167, §14 (NEW).] F-13. Any employee of the Maine Indian Tribal-State Commission; [PL 2025, c. 278, §1 (NEW).] G. Subject to subsection 1‑A , employees in any of the categories denominated in paragraphs A to F‑1 , paragraph F‑3 and paragraph L who: (1) On April 26, 1968, have retired and who were covered under group health plans that by virtue of Public Law 1967, chapter 543 were terminated; (2) After April 26, 1968, retire and who on the date of their retirement are currently enrolled in this group health plan as employees unless the employees meet the requirements in subsection 3‑E ; (3) After December 2, 1986, and after reaching normal retirement age, cease to be members of the Legislature and are recipients of retirement allowances from the Maine Public Employees Retirement System based upon creditable service as teachers, as defined by section 17001, subsection 42 . This paragraph also applies to former members who were members on December 2, 1986; (4) After December 2, 1986, and not yet normal retirement age, cease to be members of the Legislature and are recipients of retirement allowances from the Maine Public Employees Retirement System based upon creditable service as teachers, as defined by section 17001, subsection 42 . This paragraph also applies to former members who were members on December 2, 1986; or (5) After January 1, 1999, terminate employment under which they were eligible for the group health plan but do not retire at that time and who satisfy the requirements of subsection 1‑A, paragraph D or paragraph E ; [PL 2021, c. 341, §1 (AMD).] H. A blind person operating a vending facility pursuant to Title 26, section 1418‑F under the direction of the Department of Labor, Division for the Blind and Visually Impaired; [PL 2001, c. 667, Pt. E, §1 (AMD).] I. Any licensed foster parent caring for a child or children in the foster parent's residence whose care is reimbursed through the Department of Health and Human Services for the period during which the child or children are in that foster parent's care; [PL 2011, c. 438, §1 (AMD).] J. Legislative employees that are recipients of retirement allowances from the Maine Public Employees Retirement System based upon creditable service as teachers, as defined by section 17001, subsection 42 ; [PL 2019, c. 424, §1 (AMD).] K. Any employee of a school administrative unit as defined in Title 20‑A, section 1, subsection 26 or of an educational advisory organization as described in Title 30‑A, section 5724, subsection 9 ; [PL 2023, c. 20, §1 (AMD).] L. Any employee of an academy approved for tuition purposes in accordance with Title 20‑A, sections 2951 to 2955 ; and [PL 2023, c. 20, §2 (AMD).] M. A retired county or municipal law enforcement officer or retired municipal firefighter who meets the requirements for coverage under subsection 11‑A . [PL 2023, c. 20, §3 (NEW).] [PL 2025, c. 278, §1 (AMD).]

1-A. Eligibility; retirees. Any person otherwise eligible pursuant to subsection 1, paragraph G , must in addition, in order to be eligible under this section: A. If retiring on a disability retirement, have participated in the group health plan immediately prior to retirement; [PL 1989, c. 776, §1 (AMD).] B. If retiring but not retiring on a disability retirement, have participated, as an employee, in the group health plan for at least one year immediately prior to retirement except as provided in subsection 3‑E ; [PL 2021, c. 341, §2 (AMD).] C. If eligibility is based upon subsection 1, paragraph G , subparagraph (3), have participated in the group health plan for at least one year immediately prior to ceasing to be a member of the Legislature; [PL 1997, c. 652, §2 (AMD); PL 1997, c. 652, §4 (AFF).] D. If terminating employment but not retiring at that time, have 25 years of creditable service under chapter 423, subchapter 4 and remain a member of the Maine Public Employees Retirement System, make a one-time election to continue coverage from the date of termination until retirement and pay the cost of the coverage plus the cost incurred by the Office of Employee Health, Wellness and Workers' Compensation in administering coverage under the plan. If a terminated employee who elects coverage under this paragraph fails to pay the cost of coverage and any administrative costs in the amount and manner determined by the office, the coverage may be cancelled in accordance with the requirements of Title 24 and Title 24‑A . Regardless of election of coverage or cancellation of coverage under this paragraph, an employee terminating employment as provided in this paragraph may elect coverage upon retirement under paragraph E; or [PL 2025, c. 48, Pt. B, §1 (AMD).] E. If retiring and not in service immediately prior to retirement, have at least 25 years of creditable service under chapter 423, subchapter IV and make a one-time election at retirement to rejoin the plan. Coverage of preexisting conditions upon rejoining the plan under this paragraph is governed by Title 24‑A, chapter 36 . The payment provisions of subsection 7 apply to retirees exercising the option under this paragraph. [PL 1997, c. 652, §2 (NEW); PL 1997, c. 652, §4 (AFF).] [PL 2025, c. 48, Pt. B, §1 (AMD).]

1-B. Ineligibility. Except as provided in subsection 1, paragraphs K , L and M and subsection 11‑A , members of the Maine Municipal Association and active employees of counties and municipalities and instrumentalities thereof, including quasi-municipal corporations, are not eligible to participate in the group health plan under this section. [PL 2023, c. 20, §4 (AMD).]

1-C. Status of employees who have retired and returned to covered employment under Maine Public Employees Retirement System. For purposes of participation in the state employee health insurance program pursuant to this section or in dental insurance coverage offered by the State, recipients of a service retirement benefit under the Maine Public Employees Retirement System who are retired employees and who are reemployed as state employees must be treated as retirees under subsection 1‑A for purposes of eligibility for coverage under the group plan. [PL 2005, c. 21, §1 (NEW); PL 2007, c. 58, §7 (REV).]

2. Coverage. Each state employee to whom this section applies is eligible for a group health plan as provided in Title 24‑A, sections 2802 to 2812‑A , including major medical benefits or through a self-funded alternative. The provisions of the group insurance policy or policies or the self-funded alternative must be determined, insofar as the provisions are not inconsistent with terms and conditions contained in collective bargaining agreements negotiated pursuant to Title 26, chapter 9‑B , by the State Employee Health Commission as provided in section 285‑A . The master policy for the group health plan must be held by the Commissioner of Administrative and Financial Services. [RR 2023, c. 2, Pt. A, §10 (COR).]

3. Enrollment. Any employee eligible under this section may join within the first 60 days of employment or during a declared open enrollment period. The filing of necessary applications shall be the responsibility of the employer. Effective dates under this section shall be at the discretion of the commission. [PL 1987, c. 731, §3 (AMD).]

3-A. Coverage under group health insurance plan for spouse and dependents after death of state employee. If the spouse or other dependents of an employee in any of the categories denominated in subsection 1, paragraphs A to F‑5 are covered by the group health plan and the employee dies while employed in that capacity, the spouse or dependent must have the opportunity to continue coverage under the plan after the death of the employee by making the premium payment for the cost of that coverage. In the case of underage dependent children, coverage must be available at least until the dependent children reach 19 years of age. [PL 2001, c. 341, §1 (NEW).]

3-B. Enrollment of spouse and dependents of retirees. Effective January 1, 2003, a retiree eligible for participation in the group health insurance plan under this section may enroll a spouse and dependents in the group plan as follows: A. Upon retirement, the retiree may enroll a spouse and dependent or dependents for coverage under the plan effective on the date of retirement; or [PL 2001, c. 641, §1 (NEW).] B. Subsequent to retirement, the retiree may enroll a spouse and dependent or dependents for coverage under the plan if: (1) At the time of retirement, the retiree designated in writing the name of the spouse and dependent or dependents to be enrolled at a future date; and (2) The spouse and dependent or dependents can demonstrate coverage for at least 18 months immediately prior to enrollment under another health insurance plan or can demonstrate that health insurance coverage for that person pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985 under a prior plan has been exhausted. [PL 2001, c. 641, §1 (NEW).] [PL 2001, c. 641, §1 (NEW).]

3-C. Retirees may decline coverage and reenroll. A retiree eligible for a group health plan under subsection 1, paragraph G may elect to decline or to withdraw from coverage under the plan and to reenroll in the plan at a later date pursuant to the provisions of this subsection. A. The retiree must demonstrate that the retiree was covered under this plan or another health insurance plan for at least 18 months immediately prior to reenrollment or that health insurance coverage for that person pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985 under a prior plan has been exhausted. [PL 2003, c. 214, §1 (NEW).] B. Any conditions on eligibility or coverage under subsection 1‑A, paragraph D or E continue to apply at the time of reenrollment. [PL 2003, c. 214, §1 (NEW).] C. The retiree may reenroll in the same contract type in which the retiree was enrolled at the time the retiree declined or withdrew from coverage, except for any change in contract type allowed under subsection 3‑B . [PL 2003, c. 214, §1 (NEW).] D. An election under this subsection, which may be made only once, must be made either: (1) At the time of retirement; or (2) Following retirement, provided the person had elected at the time of retirement to be covered by the state program. [PL 2003, c. 214, §1 (NEW).] E. If a spouse or dependent of the retiree was enrolled in the plan at the time the retiree withdrew pursuant to this subsection, the spouse or dependent may reenroll if the spouse or dependent meets the 18-month coverage criteria set forth in paragraph A . A spouse or dependent who was not enrolled at the time the retiree withdrew may enroll only if that person meets the criteria set forth in subsection 3‑B, paragraph B . [PL 2003, c. 214, §1 (NEW).] This subsection does not apply to persons who are reemployed by the State following retirement as provided in Public Law 2001, chapter 442. [PL 2003, c. 214, §1 (NEW).]

3-D. Coverage under group health insurance plan for spouse and dependents after death of retiree. If the spouse or other dependents of a retiree who is eligible pursuant to subsection 1, paragraph G and subsection 1‑A are covered by the group health plan and the retiree dies while enrolled in the group health plan, the spouse or dependents must have the opportunity to continue coverage under the plan after the death of the retiree by making the premium payment for the cost of that coverage. In the case of underage dependent children, coverage must be available at least until the dependent children reach 19 years of age. [PL 2005, c. 67, §1 (NEW).]

3-E. Employees eligible for military health coverage may decline coverage and reenroll. An employee eligible for a group health plan under subsection 1 may elect to decline or withdraw from coverage under the plan as long as the employee demonstrates that the employee is eligible for coverage under the Civilian Health and Medical Program for the Uniformed Services, known as TRICARE, and to reenroll in the plan at a later date pursuant to the provisions of this subsection. A. The employee must demonstrate that the employee was covered under the Civilian Health and Medical Program for the Uniformed Services, known as TRICARE, for at least 18 months immediately prior to reenrollment. [PL 2021, c. 341, §3 (NEW).] B. Any conditions on eligibility or coverage under subsection 1‑A, paragraph D or E continue to apply at the time of reenrollment. [PL 2021, c. 341, §3 (NEW).] C. The employee may reenroll in the same contract type in which the employee was enrolled at the time the employee declined or withdrew from coverage. [PL 2021, c. 341, §3 (NEW).] D. An election under this subsection, which may be made only once, must be made either: (1) Upon the termination of eligibility for coverage under a federal military health insurance program; or (2) At the time of retirement. [PL 2021, c. 341, §3 (NEW).] E. If a spouse or dependent of the employee was enrolled in the plan at the time the employee withdrew pursuant to this subsection, the spouse or dependent may reenroll if the spouse or dependent meets the 18-month coverage criteria set forth in paragraph A . [PL 2021, c. 341, §3 (NEW).] [PL 2021, c. 341, §3 (NEW).]

4. Payroll deduction. [P&SL 1975, c. 90, §T1 (RP).]

5. Purchase of policies. The commission shall purchase, by competitive bidding, from one or more insurance companies, nonprofit organizations, 3rd-party administrators or any organization necessary to administer and provide a health plan, a policy or policies or contract, to provide the benefits specified by this section. The purchase of policies by the commission must be accomplished by use of a written contract that must be fully executed within 90 calendar days of notification of bid acceptance from the commission to the insurer. In extenuating circumstances, the Commissioner of Administrative and Financial Services may grant a waiver to that 90-day limit. Notwithstanding this subsection, with the consent of the policyholder and of the insurer and at the sole discretion of the commission, existing policies of insurance covering at least 1,000 of the employees defined as eligible by this section may be amended to provide the benefits specified by this section and assigned to the Commissioner of Administrative and Financial Services for the benefit of all those eligible under this section. The company or companies or nonprofit organizations must be licensed under the laws of the State, when applicable. The policy provisions are subject to and as provided for by the insurance laws of this State, when applicable. Notwithstanding any other provisions of law, the term of a contract executed with a successful bidder may not exceed 3 years unless extended in one-year increments for up to 3 additional years. [PL 2017, c. 56, §1 (AMD).]

6. Master policy and certificates. The insurance company, companies or nonprofit organizations or the Commissioner of Administrative and Financial Services shall furnish the usual master policy and certificates. Each covered participant must receive a certificate setting forth the benefits to which the participant is entitled, to whom payable, to whom claims must be submitted, and summarizing the provisions of the policy principally affecting the participant. [PL 1991, c. 780, Pt. Y, §24 (AMD).]

7. Payment by State. Except as otherwise provided in this subsection, the State, through the commission, shall pay health plan premiums in accordance with this subsection. A. Until October 1, 2009, for employees, the State shall pay 100% of the individual premium for the standard plan identified and offered by the commission and available to the employee as authorized by the commission. [PL 2009, c. 213, Pt. GG, §1 (NEW).] B. Beginning October 1, 2009 and until July 1, 2010, the State shall pay a share of the individual premium for the standard plan identified and offered by the commission as follows. (1) For an employee whose base annual rate of pay is projected to be less than or equal to $30,000 on July 1, 2009, the State shall pay 100% of the individual premium for the standard plan identified and offered by the commission and available to the employee as authorized by the commission. (2) For an employee whose base annual rate of pay is projected to be greater than $30,000 and less than $80,000 on July 1, 2009, the State shall pay 95% of the individual premium for the standard plan identified and offered by the commission and available to the employee as authorized by the commission. (3) For an employee whose base annual rate of pay is projected to be $80,000 or greater on July 1, 2009, the State shall pay 90% of the individual premium for the standard plan identified and offered by the commission and available to the employee as authorized by the commission. [PL 2009, c. 213, Pt. GG, §1 (NEW).] C. Beginning July 1, 2010 and ending October 31, 2023, except as provided in subsection 7‑A , the State, through the commission, shall pay a share of the individual premium for the standard plan identified and offered by the commission as follows. (1) For an employee whose base annual rate of pay is less than or equal to $30,000 on July 1st of the state fiscal year for which the premium contribution is being determined, the State shall pay 95% of the individual premium for the standard plan identified and offered by the commission and available to the employee as authorized by the commission. (2) For an employee whose base annual rate of pay is greater than $30,000 and less than $80,000 on July 1st of the state fiscal year for which the premium contribution is being determined, the State shall pay 90% of the individual premium for the standard plan identified and offered by the commission and available to the employee as authorized by the commission. (3) For an employee whose base annual rate of pay is $80,000 or greater on July 1st of the state fiscal year for which the premium contribution is being determined, the State shall pay 85% of the individual premium for the standard plan identified and offered by the commission and available to the employee as authorized by the commission. [PL 2023, c. 412, Pt. H, §1 (AMD).] C-1. Beginning November 1, 2023, except as provided in subsection 7‑A , the State, through the commission, shall pay a share of the individual premium for the standard plan identified and offered by the commission as follows. (1) For an employee whose base annual rate of pay is less than or equal to $50,000 on July 1st of the state fiscal year for which the premium contribution is being determined, the State shall pay 95% of the individual premium for the standard plan identified and offered by the commission and available to the employee as authorized by the commission. (2) For an employee whose base annual rate of pay is greater than $50,000 and less than $100,000 on July 1st of the state fiscal year for which the premium contribution is being determined, the State shall pay 90% of the individual premium for the standard plan identified and offered by the commission and available to the employee as authorized by the commission. (3) For an employee whose base annual rate of pay is $100,000 or greater on July 1st of the state fiscal year for which the premium contribution is being determined, the State shall pay 85% of the individual premium for the standard plan identified and offered by the commission and available to the employee as authorized by the commission. [PL 2023, c. 412, Pt. H, §2 (NEW).] D. For Legislators, the State shall pay 50% of the health plan premium for dependent coverage. [PL 2009, c. 213, Pt. GG, §1 (NEW).] E. For a person appointed to a position after November 1, 1981 who is employed less than full time, the State shall pay a share of the employee's share of the individual premium reduced pro rata to reflect the reduced number of work hours. [PL 2009, c. 213, Pt. GG, §1 (NEW).] F. The State may not pay any portion of the health plan premium for a blind person eligible for the group health plan under subsection 1, paragraph H or for a licensed foster parent eligible for the group health plan under subsection 1, paragraph I . [PL 2009, c. 213, Pt. GG, §1 (NEW).] G. For persons who were first employed before July 1, 1991, the State shall pay 100% of only the retiree's share of the premiums for the standard plan identified and offered by the commission and available to the retiree, as authorized by the commission for persons who were previously eligible for this health plan pursuant to subsection 1, paragraph A and who have subsequently become eligible pursuant to subsection 1, paragraph G . [PL 2009, c. 213, Pt. GG, §1 (NEW).] H. For persons who were first employed by the State after July 1, 1991, the State shall pay a pro rata share portion of only the retiree's share of the premiums for the standard plan identified and offered by the commission and available to the retiree, as authorized by the commission for persons who were previously eligible for this health plan pursuant to subsection 1, paragraph A and who have subsequently become eligible pursuant to subsection 1, paragraph G based on the total number of years of participation in the group health plan prior to retirement as follows: (1) For an employee with 10 or more years of participation, the state portion is 100% of the group health plan premium. (2) For an employee with at least 9 but less than 10 years of participation, the state portion is 90% of the group health plan premium. (3) For an employee with at least 8 but less than 9 years of participation, the state portion is 80% of the group health plan premium. (4) For an employee with at least 7 but less than 8 years of participation, the state portion is 70% of the group health plan premium. (5) For an employee with at least 6 but less than 7 years of participation, the state portion is 60% of the group health plan premium. (6) For an employee with at least 5 but less than 6 years of participation, the state portion is 50% of the group health plan premium. (7) For an employee with less than 5 years of participation, there is no contribution by the State. [PL 2009, c. 213, Pt. GG, §1 (NEW).] I. For persons who were first employed by the State on or after July 1, 2011, the State shall pay a pro rata portion of only the retiree's share of the premiums for the standard plan identified and offered by the commission and available to the retiree, as authorized by the commission for persons who were previously eligible for this health plan pursuant to subsection 1, paragraph A and who have subsequently become eligible pursuant to subsection 1, paragraph G based on the total number of years of participation in the group health plan prior to retirement as follows. (1) For an employee with at least 10 but less than 15 years of participation, the state portion is up to 50% of the group health plan premium. (2) For an employee with at least 15 but less than 20 years of participation, the state portion is up to 75% of the group health plan premium. (3) For an employee with at least 20 years of participation, the state portion is up to 100% of the group health plan premium. (4) For an employee with less than 10 years of participation, there is no contribution by the State. [PL 2011, c. 380, Pt. V, §1 (NEW); PL 2011, c. 380, Pt. V, §7 (AFF).] J. Those state employees that retire after January 1, 2012, or those state employees employed as teachers in the unorganized territory or the Maine Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf that retire after July 1, 2012, under the provisions of section 17851, subsections 1‑B , 1‑C , 2‑B , 2‑C and 3 shall contribute 100% of the individual premium until such time as the retiree reaches normal retirement age. [PL 2011, c. 380, Pt. V, §1 (NEW); PL 2011, c. 380, Pt. V, §7 (AFF).] K. The total premium increase for active and retired state employee health insurance is capped at the fiscal year 2010-11 funding level for the fiscal years ending June 30, 2012 and June 30, 2013. The total premium increase for the fiscal years ending June 30, 2014 and June 30, 2015 is limited to no more than 1.5 percentage points per year. The total premium increase for fiscal years ending after June 30, 2015 is limited to no more than any percentage increase in the Consumer Price Index as defined in section 17001, subsection 9 plus 3%. [PL 2013, c. 368, Pt. H, §1 (AMD).] L. The provisions of paragraphs I and J do not apply to those individuals who are receiving or who have received retirement benefits under section 17907 or section 17929 . [PL 2011, c. 540, §1 (AMD); PL 2011, c. 540, §3 (AFF).] M. Beginning November 1, 2023, except as provided in subsection 7‑A , for an employee of the Legislature in a regularly recurring position available only for a portion of a year, the State shall pay a share of the individual premium for the standard plan identified and offered by the commission as follows, regardless of whether the employee is in active work status unless the employee is covered by another health insurance plan. (1) For an employee whose base annual rate of pay is projected to be less than or equal to $50,000 on July 1st of the state fiscal year for which the premium contribution is being determined, the State shall pay 95% of the premium. (2) For an employee whose base annual rate of pay is projected to be greater than $50,000 and less than $100,000 on July 1st of the state fiscal year for which the premium contribution is being determined, the State shall pay 90% of the premium. (3) For an employee whose base annual rate of pay is projected to be $100,000 or greater on July 1st of the state fiscal year for which the premium contribution is being determined, the State shall pay 85% of the premium. The payment of the premium is not intended to provide an incentive for employees to artificially delay notice of resignation. [PL 2023, c. 451, §1 (NEW).] Pursuant to Title 20‑A, section 12722, subsection 5 , this subsection applies to participants in the defined contribution plan offered by the Maine Community College System Board of Trustees under Title 20‑A, section 12722 . [PL 2023, c. 412, Pt. H, §§1, 2 (AMD); PL 2023, c. 451, §1 (AMD).]

7-A. Health credit premium program. Notwithstanding subsection 7, paragraph C , the State may pay a greater proportion of the total cost of the individual premium for the standard plan identified and offered by the commission and available to the employee as authorized by the commission. The commission shall develop a health credit premium program whereby employees are provided incentives to engage in healthy behaviors in an effort to improve the health status of the state employee population and to help reduce costs to the state employee health insurance program. The commission shall define benchmarks for healthy behaviors that, if met by an individual employee, result in the State's paying a greater share of the individual premium. Adjustments to the state share of the individual premium must be applied once each year in advance of the beginning of the plan year. The benchmarks developed by the commission must provide 2 discrete levels for the state share of the individual premium as follows. A. Prior to November 1, 2023, for employees whose base annual rate of pay is less than or equal to $30,000 on July 1st of the state fiscal year for which the premium contribution is being determined, the health credit premium program must provide the individual employee meeting the specified benchmarks with the opportunity to have the state share of the individual premium paid at 100% or 95%. The state share is determined by the specific benchmarks met by the employee. [PL 2023, c. 412, Pt. H, §3 (AMD).] B. Prior to November 1, 2023, for employees whose base annual rate of pay is greater than $30,000 and less than $80,000 on July 1st of the state fiscal year for which the premium contribution is being determined, the health credit premium program must provide the individual employee meeting the specified benchmarks with the opportunity to have the state share of the individual premium paid at 95% or 90%. The state share is determined by the specific benchmarks met by the employee. [PL 2023, c. 412, Pt. H, §3 (AMD).] C. Prior to November 1, 2023, for employees whose base annual rate of pay is $80,000 or greater on July 1st of the state fiscal year for which the premium contribution is being determined, the health credit premium program must provide the individual employee meeting the specified benchmarks with the opportunity to have the state share of the individual premium paid at 90% or 85%. The state share is determined by the specific benchmarks met by the employee. [PL 2023, c. 412, Pt. H, §3 (AMD).] D. Beginning November 1, 2023, for employees whose base annual rate of pay is less than or equal to $50,000 on July 1st of the state fiscal year for which the premium contribution is being determined, the health credit premium program must provide the individual employee meeting the specified benchmarks with the opportunity to have the state share of the individual premium paid at 100% or 95%. The state share is determined by the specific benchmarks met by the employee. [PL 2023, c. 412, Pt. H, §3 (NEW).] E. Beginning November 1, 2023, for employees whose base annual rate of pay is greater than $50,000 and less than $100,000 on July 1st of the state fiscal year for which the premium contribution is being determined, the health credit premium program must provide the individual employee meeting the specified benchmarks with the opportunity to have the state share of the individual premium paid at 95% or 90%. The state share is determined by the specific benchmarks met by the employee. [PL 2023, c. 412, Pt. H, §3 (NEW).] F. Beginning November 1, 2023, for employees whose base annual rate of pay is $100,000 or greater on July 1st of the state fiscal year for which the premium contribution is being determined, the health credit premium program must provide the individual employee meeting the specified benchmarks with the opportunity to have the state share of the individual premium paid at 90% or 85%. The state share is determined by the specific benchmarks met by the employee. [PL 2023, c. 412, Pt. H, §3 (NEW).] [PL 2023, c. 412, Pt. H, §3 (AMD).]

7-B. Provision for alternative cost-savings initiatives. If the commission fails to develop and implement the health credit premium program as specified in subsection 7‑A , or if the health credit premium program fails to generate the savings required to maintain the fiscal balance in the state employee health insurance program, the commission shall develop and implement changes to the benefit structure of the standard plan in order to satisfy the need for fiscal stability. [PL 2009, c. 213, Pt. GG, §3 (NEW).]

8. Payment by Maine State Retirement System for persons first employed before July 1, 1991. [PL 1995, c. 368, Pt. G, §3 (RP).]

8-A. Payment by Maine State Retirement System for persons employed after July 1, 1991. [PL 1995, c. 368, Pt. G, §4 (RP).]

9. Restrictions on self-insured programs. The following restrictions apply to self-insured group health or dental plans. A. To the extent that the State assumes the risk with respect to any program provided for in this section, the State shall maintain a reserve at least equal to the sum of: (1) An amount estimated to be necessary to pay claims and administrative costs for the assumed risk for 2 1/2 months; and (2) The amount determined annually by a qualified actuary to be necessary to fund the unpaid portion of ultimate expected losses, including incurred but not reported claims, and related expenses incurred in the provision of benefits for eligible participants, less any credit, as determined by a qualified actuary, for excess or stop-loss insurance. The reserve must be maintained in the fund provided for in section 286 . If the State self-insures for more than one program, a reserve meeting the requirements of this paragraph must be maintained for each program. [PL 1989, c. 776, §1 (NEW).] B. The State may purchase excess or stop-loss insurance for any program, with attachment levels and limits as recommended by a qualified actuary. [PL 1989, c. 776, §1 (NEW).] C. Paragraph A does not apply to a program in the first 2 years after the program is changed from a fully insured program to a fully or partially self-insured program. Before a program may begin its first year of operation: (1) The reserve fund must contain a reserve at least equal to the amount estimated to be necessary to pay the claims and administrative costs with respect to the assumed risk for one full month; and (2) The rate structure of the program, as certified by a qualified actuary, must be designed to enable the fund to attain the following reserve levels: (a) By the end of the first year of the program, the reserve required by paragraph A , subparagraph (2), and an amount estimated to be necessary to pay claims and administrative costs for the assumed risk for 2 full months; and (b) By the end of the 2nd year of the program, the reserve required by paragraph A , subparagraph (2), and an amount estimated to be necessary to pay claims and administrative costs for the assumed risk for 2 1/2 full months. If the State purchases stop-loss or excess insurance with respect to the risk, the required reserve is reduced by the credit specified in paragraph A . A self-insurance program may not continue if the reserve fund with respect to that program does not contain the amounts set forth in subparagraph (2) by the time limits established. [PL 1989, c. 776, §1 (NEW).] D. For purposes of paragraphs A , B and C , a "qualified actuary" is an actuary who is a member of the American Academy of Actuaries qualified as to health reserving methodologies. [PL 1989, c. 776, §1 (NEW).] E. The commission may not enter into a contract with a 3rd-party administrator that has not demonstrated compliance with all applicable state laws, and that is not, at the time of entering into the contract, administering a health plan or providing health care coverage for a total number of lives equal to the number that would be covered by the state contract. [PL 1989, c. 776, §1 (NEW).] F. This paragraph is effective only if no other applicable state law requires bonding of 3rd-party administrators. (1) Every applicant to provide service as a 3rd-party administrator for this program shall file with the proposal, and shall maintain in force while representing the state program, a fidelity bond in favor of the Treasurer of State executed by a surety company for the benefit of the State or beneficiaries of the program. The bond must be continuous in form and in one of the following amounts: (a) For an administrator that collects contributions and premiums for the program but does not administer or pay claims, the greater of $50,000 or 5% of contributions and premiums projected to be received or collected for the following plan year from the State or from persons covered by the program, but not to exceed $1,000,000; (b) For an administrator that administers and pays claims, but does not collect premiums and contributions, the greater of $50,000 or 5% of the claims and claim expenses projected to be held for the following year to pay claims and claim expenses for persons covered by the program, but not to exceed $1,000,000; or (c) For an administrator that collects premiums and contributions and administers and pays claims, the greater of the amounts determined under division (a) or (b), but not to exceed $1,000,000. [PL 1989, c. 776, §1 (NEW).] G. Any contract entered into by the State must provide for coverage that meets the same level of benefits as those that would be required by state law if the coverage was provided by a health insurance plan governed by Title 24 or Title 24‑A . [PL 1989, c. 776, §1 (NEW).] [PL 1989, c. 776, §1 (NEW).]

10. Commission not insurer. The commission or other entity operating any self-funded plan pursuant to this section is not an insurer, reciprocal insurer, or joint underwriting association under the laws of the State. The administration of such a program by the director of the employees health insurance program does not constitute doing the business of insurance. [PL 1989, c. 776, §1 (NEW).]

11. Coverage for persons eligible under federal Trade Adjustment Assistance Reform Act of 2002. The Department of Administrative and Financial Services, Division of Employee Health and Benefits may provide, through a qualified insurance company, a group health plan product for individuals certified to receive federal assistance in paying for health coverage under the terms of the health coverage tax credit program within the federal Trade Adjustment Assistance Reform Act of 2002, Public Law 107-210. Certification of eligibility is made by the Department of Labor. Individuals may enroll eligible dependents. Individuals eligible for enrollment in this group health plan remain eligible for enrollment and coverage through the duration of their federal trade adjustment assistance eligibility and for one month after their federal trade adjustment assistance eligibility status ends. Any person who is receiving a benefit payment from the federal Pension Benefit Guaranty Corporation and who has attained the age of 55, but who is not eligible for Medicare benefits, may also enroll in the group health plan. These individuals may enroll eligible dependents. The eligibility requirements under the federal Trade Adjustment Assistance Reform Act of 2002, Public Law 107-210 apply to persons enrolling in the group health plan provided pursuant to this subsection. Premium rates must be established to reflect the costs of providing insurance coverage. Premium payments must be provided by the United States Department of Labor and individual enrollees. The division may accept any funds allocated under the federal Trade Adjustment Assistance Reform Act of 2002 and other sources in order to pay premiums and to administer the program. [PL 2003, c. 348, §1 (NEW).]

11-A. Coverage for retired law enforcement officers and firefighters. A retired county or municipal law enforcement officer or retired municipal firefighter, as defined in section 286‑M, subsection 2 , who participates in an employer-sponsored retirement program and, prior to July 1, 2007, was enrolled in a self-insured health benefits plan offered by the employing county or municipality may, if the requirements of this subsection are met, enroll in a group health plan administered pursuant to this section that provides coverage for the retired county or municipal law enforcement officer or retired municipal firefighter effective no earlier than July 1, 2007. A. A retiree who fails to enroll in a group health plan pursuant to this subsection is not otherwise eligible to enroll in such a plan and is not eligible for the premium subsidy provided pursuant to this subsection for enrollment in any other health plan. Retirees may enroll themselves, their spouses or their dependents in a group health plan during the following time periods, as applicable. (1) When the effective date of retirement from the county or municipality is on or before May 1, 2007, the retiree must enroll in the plan before July 1, 2007. (2) When the effective date of retirement from the county or municipality is after May 1, 2007, the retiree must enroll in the plan no later than 60 days following the effective date of retirement from the county or municipality. (3) Notwithstanding the requirements of subparagraphs (1) and (2), when the retiree, the retiree's spouse or the retiree's dependent experiences an involuntary loss of other health insurance coverage carried as of July 1, 2007 or 60 days following the date of the retiree's retirement, whichever is later, the retiree may elect to enroll in the plan no later than 60 days after the effective date of the loss of that coverage. Involuntary loss of coverage does not include a loss of coverage arising as a result of nonpayment of premiums. [PL 2005, c. 636, Pt. A, §2 (NEW).] B. Eligible persons enrolling in a group health plan in which the retiree enrolls pursuant to this subsection are responsible for the premium payment associated with participation in the plan to the extent such an obligation exists following application of any premium subsidy. Failure to remit premium payments in the manner required by the administration policies of the group health plan must result in disenrollment from the plan. [PL 2005, c. 636, Pt. A, §2 (NEW).] C. The State shall pay a premium subsidy that equals the dollar amount equivalent to the highest premium subsidy provided in accordance with section 286‑M, subsection 6 or 45% of the cost of the retiree's share of the individual premium for the standard plan identified and offered under the group health insurance plan in which the retiree enrolls pursuant to this subsection, whichever is less. A retiree electing to enroll a spouse or dependent in the plan is responsible for payment of 100% of the cost of such coverage, in addition to that portion of the retiree's individual premium cost not contributed by the State. [PL 2005, c. 636, Pt. A, §2 (NEW).] [PL 2005, c. 636, Pt. A, §2 (NEW).]

12. Contractual commitment to health insurance for retirees. Effective April 1, 2004, to each vested employee as defined in this subsection, the State makes solemn contractual commitments as set forth in paragraph C , protected under the contract clauses of the Constitution of Maine, Article I, Section 11 and the United States Constitution, Article I, Section 10. A. For purposes of this subsection, "vested employee" means an employee in a category described in subsection 1, paragraph A , F , F‑1 , F‑2 or F‑3 who, on or after April 1, 2004, meets the applicable creditable service requirement for eligibility to receive a retirement benefit, at the applicable age if so required, under one of the following: (1) Title 3, section 851 , which governs legislative retirement; (2) Section 17851 , which governs the regular state employee plan; (3) Section 17851‑A, subsection 2 , which governs state special plans; (4) Section 18451 , which governs participating local district regular plans; (5) Section 18453 , which governs participating local district special plans; or (6) The terms of a retirement plan provided to employees pursuant to section 18252‑B . [RR 2023, c. 2, Pt. A, §11 (COR).] B. For purposes of this subsection, "time of vesting" means, for each employee, the date on which that employee met the creditable service requirement for eligibility to receive a retirement benefit, at the applicable age if so required, as set forth in paragraph A , subparagraphs (1) to (6). [PL 2003, c. 673, Pt. DDDD, §1 (NEW).] C. The State makes solemn contractual commitments under this subsection that, with respect to any group health plan offered by the State: (1) Eligibility criteria for a vested employee or a family member of a vested employee to participate in a group health plan under this section after retirement will be no more restrictive than eligibility criteria applicable to that employee or family member at the time of vesting; (2) The state contribution toward the cost of the premium for any group health plan offered by the State for a retired vested employee, as a percentage of the cost of coverage, is not less than that provided at the time of vesting; and (3) The group health plans offered in each plan year to retired vested employees under this section will be the same as or substantially similar to the group health plans offered to active employees in that same plan year. The State Employee Health Commission shall determine whether plans are substantially similar. [PL 2003, c. 673, Pt. DDDD, §1 (NEW).] D. This subsection does not create a contractual commitment on the part of the State to offer group health plans or to maintain coverage for a specific type of benefit or level of benefit payment. The State may reduce or eliminate coverage for types of benefits or levels of benefit payments for retired vested employees only if it makes the same or substantially similar reductions for active employees. [PL 2003, c. 673, Pt. DDDD, §1 (NEW).] E. This subsection does not create an ancillary benefit within the meaning of the Constitution of Maine, Article IX, Section 18‑A and may not be construed to create a claim against the assets of the Maine Public Employees Retirement System. [PL 2003, c. 673, Pt. DDDD, §1 (NEW); PL 2007, c. 58, §3 (REV).] F. The solemn contractual commitment provided in this subsection is void if a court of competent jurisdiction rules that this subsection creates an ancillary benefit within the meaning of the Constitution of Maine, Article IX, Section 18‑A. [PL 2003, c. 673, Pt. DDDD, §1 (NEW).] [RR 2023, c. 2, Pt. A, §11 (COR).]

13. Contract on pilot basis authorized. Notwithstanding the requirements of subsection 9, paragraph G , the State may enter into a contract on a pilot basis that does not adhere to any geographic access requirements set forth in Title 24‑A or rules adopted by the Superintendent of Insurance. The department shall report annually beginning January 15, 2006 to the joint standing committee of the Legislature having jurisdiction over insurance and financial services matters on its progress in establishing and operating a pilot program pursuant to this subsection. [PL 2005, c. 12, Pt. NNN, §1 (NEW).]

14. Employees eligible for Medicare. Notwithstanding subsection 7 , if an active employee eligible for Medicare elects to enroll in Medicare, the State shall pay 100% of the employee’s share of the premiums for Medicare Part B until such time as the employee enrolls as an eligible retiree pursuant to this section. [PL 2009, c. 456, §1 (NEW).]

15. Provider profiling programs. Notwithstanding subsection 10 , the requirements of Title 24‑A, sections 2694‑A and 4303‑A apply to any provider profiling program, as defined in Title 24‑A, section 4301‑A, subsection 16‑A , developed by the commission. [PL 2013, c. 383, §1 (NEW).]

16. Dental benefit waiting period. The requirements of Title 24‑A, sections 2766‑A , 2847‑W and 4260 that prohibit a waiting period for any dental or oral health service or treatment, except for orthodontic treatment, for an enrollee if the enrollee is under 19 years of age apply to any group health plan or dental plan purchased under subsection 5 or to any self-insured group health or dental plan provided under subsection 9 . [PL 2019, c. 605, §1 (NEW).]

17. Eligibility of persons other than state employees for group health plan. A person other than a state employee may not be granted eligibility for a group health plan pursuant to subsection 1 by legislative action to amend subsection 1 unless the person is an employee of a quasi-governmental entity that receives significant and ongoing operating funds through a General Fund appropriation. [PL 2025, c. 278, §2 (NEW).]
5 M.R.S. § 1519 — ME Code / Title 5 / Part 4 / Chapter 141 / Section 1519
5 §1519. Retiree Health Insurance Internal Service Fund
Status: in_force

1. Established. The Retiree Health Insurance Internal Service Fund is established within the Department of Administrative and Financial Services to accumulate funds to pay the health insurance premiums for retired state employees and teachers. [PL 1999, c. 731, Pt. DD, §1 (NEW); PL 1999, c. 731, Pt. DD, §2 (AFF).]

1-A. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Board" means the Board of Trustees, Maine Public Employees Retirement System established under section 12004‑F, subsection 9 . [PL 2001, c. 439, Pt. C, §1 (NEW); PL 2001, c. 439, Pt. C, §4 (AFF); PL 2007, c. 58, §3 (REV).] B. "Commissioner" means the Commissioner of Administrative and Financial Services. [PL 2001, c. 439, Pt. C, §1 (NEW); PL 2001, c. 439, Pt. C, §4 (AFF).] C. "Fund" means the Retiree Health Insurance Internal Service Fund. [PL 2001, c. 439, Pt. C, §1 (NEW); PL 2001, c. 439, Pt. C, §4 (AFF).] [PL 2001, c. 439, Pt. C, §1 (NEW); PL 2001, c. 439, Pt. C, §4 (AFF); PL 2007, c. 58, §3 (REV).]

2. Funding. [PL 2003, c. 451, Pt. X, §7 (RP).]

3. Investment of the fund. The board shall invest the cash assets of the fund that are not required to pay insurance premiums and other operating expenses at the request of the commissioner in the same manner and according to the same investment policy and practices by which the board invests the assets of the Maine Public Employees Retirement System. The board shall treat the fund as held in trust on behalf of the State for the purposes specified in this section and no other and shall separately account for the fund as investment assets, attributing to the fund its proportional share of investment returns and of investment management costs and expenses, including costs and expenses of the retirement system arising because of the board's investment of the fund. The commissioner and the board shall develop jointly a memorandum of understanding that sets out their mutual understanding of the investment of the fund, the related investment accounting and investment return and expense attribution. [PL 2001, c. 439, Pt. C, §1 (NEW); PL 2001, c. 439, Pt. C, §4 (AFF); PL 2007, c. 58, §3 (REV).]

4. Audit of the fund. The commissioner shall ensure adequate audit of the investment management of the fund and the expenditures of the fund each fiscal year within the scope of the annual audit of the Maine Public Employees Retirement System and the State's single audit or through a separate audit as considered appropriate by the board. Any separate audit must be reported to the Governor, the Legislature, the commissioner and the State Controller in as timely a manner as possible after the close of each fiscal year. [PL 2001, c. 439, Pt. C, §1 (NEW); PL 2001, c. 439, Pt. C, §4 (AFF); PL 2007, c. 58, §3 (REV).]

5. Use of the fund. Notwithstanding subsection 1 , the fund may be used for necessary audit services, legal expenses, investment management fees and services, general administrative expenses, costs related to the management and administration of the fund and health insurance premium costs. [PL 2001, c. 439, Pt. C, §1 (NEW); PL 2001, c. 439, Pt. C, §4 (AFF).]

6. Additional transfers to the fund. The State Controller may, at the close of each fiscal year, as the next priority after the transfers authorized pursuant to section 1507 , section 1511 and section 1536, subsection 1 , transfer from the unappropriated surplus of the General Fund to the Retiree Health Insurance Internal Service Fund amounts as may be available from time to time, up to an amount of $4,000,000 in fiscal year 2015-16, $4,000,000 in fiscal year 2016-17 and, beginning in fiscal year 2017-18, $2,000,000 to be used solely for the purpose of amortizing the unfunded liability for retiree health benefits. Transfers to the fund may also include appropriations and allocations of the Legislature and revenue from direct billing rates charged to state departments and agencies and other participating jurisdictions to be used solely for the purpose of amortizing the unfunded liability for retiree health benefits. [PL 2015, c. 267, Pt. L, §1 (NEW).]
5 M.R.S. § 198 — ME Code / Title 5 / Part 1 / Chapter 9 / Section 198
5 §198. Additional assistant attorneys general, clerks or attorneys may be paid from moneys collected by department
Status: in_force

Whenever the Attorney General shall appoint any additional assistant attorneys general or staff attorneys as authorized under section 196 , or shall employ additional clerks as provided by section 197 , or shall employ attorneys-at-law to collect claims due the State, the compensation of such assistants, staff attorneys, clerks or attorneys, as approved by the Governor, may be paid, if the Governor so directs, from moneys thus collected by the Department of the Attorney General. [PL 1975, c. 771, §50 (AMD).]
5 M.R.S. § 13063-D — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13063-D
5 §13063-D. Grants to municipalities to retain mature or dominant employers
Status: in_force

The commissioner shall authorize grants to municipalities for the purpose of assisting those municipalities to retain mature or dominant employers, as defined in rules adopted by the commissioner, especially manufacturing firms presently located in the State. In awarding grants under this section, the commissioner shall consider the economic health of the region in which the municipality is located, the economic and social impacts that would be or have been created by the loss of the mature or dominant employer and the likelihood of returning that employer to a financially viable condition. In awarding any grant under this section, the commissioner shall take appropriate measures to ensure accountability and a positive return on the public's investment. To the extent that grant funds have been transferred from the Job Retention Program in accordance with section 13063‑C, subsection 4 , the commissioner shall give priority to projects that are reasonably expected to return a former certified retained business, as defined in section 13063‑C , to financial viability or its facilities to appropriate productive use. Rules adopted pursuant to this section are routine technical rules as defined in chapter 375, subchapter II‑A . [PL 2001, c. 680, §2 (RPR).]
5 M.R.S. § 1736 — ME Code / Title 5 / Part 4 / Chapter 152 / Section 1736
5 §1736. Payment of losses
Status: in_force

Pursuant to the recommendation of the State Controller, the Commissioner of Administrative and Financial Services may cause payments from the self-insurance fund or proceeds of insurance purchased in accordance with this chapter, or both, to be made available for repair or replacement of insured property and payment of losses and loss adjustment expenses. [PL 2017, c. 284, Pt. O, §8 (AMD).]
5 M.R.S. § 18451 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18451
5 §18451. Qualification for benefits for members not covered under chapter 427
Status: in_force

Qualification for service retirement benefits for a member not covered under chapter 427 is governed by subsection 1 , 2 or 3 , unless the requirements of section 18453 are satisfied, in which case one or more of the subsections of section 18453 governs. [PL 2013, c. 391, §9 (AMD).]

1. Member in service. A member who is in service when reaching 60 years of age, or is in service after reaching 60 years of age, qualifies for a service retirement benefit if the member: A. Retires upon or after reaching 60 years of age and has been in service for a minimum of one year immediately before retirement; [PL 1999, c. 756, §16 (AMD).] B. [PL 1999, c. 756, §17 (RP).] C. [PL 1987, c. 256, §36 (RP).] D. Except as provided in paragraph E , has at least 10 years of creditable service, which, for the purpose of determining completion of the 10-year requirement, may include creditable service as a member of the Legislative Retirement Program; or [PL 2007, c. 491, §239 (AMD).] E. Has at least 5 years of creditable service, which, for the purposes of determining completion of the 5-year requirement, may include creditable service as a member of the Legislative Retirement Program, and: (1) Was in service on October 1, 1999; (2) Had left prior to October 1, 1999 with or without withdrawing contributions and on or after October 1, 1999 returned to service; or (3) Was first in service on or after October 1, 1999. [PL 2007, c. 491, §240 (AMD).] [PL 2007, c. 491, §§239, 240 (AMD).]

2. Member not in service. A member who is not in service when reaching 60 years of age qualifies for a service retirement benefit if the member: A. Retires upon or after reaching 60 years of age and, except as provided in paragraph D , has at least 10 years of creditable service, which, for the purpose of determining completion of the 10-year requirement, may include creditable service as a member of the Legislative Retirement Program; or [PL 2007, c. 491, §241 (AMD).] B. [PL 1999, c. 756, §20 (RP).] C. [PL 1987, c. 256, §37 (RP).] D. Has at least 5 years of creditable service, which, for the purposes of determining completion of the 5-year requirement, may include creditable service as a member of the Legislative Retirement Program, and: (1) Was in service on October 1, 1999; (2) Had left service prior to October 1, 1999 with or without withdrawing contributions and on or after October 1, 1999 returned to service; or (3) Was first in service on or after October 1, 1999. [PL 2007, c. 491, §242 (AMD).] [PL 2007, c. 491, §§241, 242 (AMD).]

3. Member with creditable service of 25 years or more. A member, whether or not in service at retirement, who has completed 25 or more years of creditable service qualifies for a service retirement benefit if the member retires at any time after completing 25 years of service, which may include, for the purpose of meeting eligibility requirements, creditable service as a member of the Legislative Retirement Program under Title 3, section 701, subsection 8 . A. [PL 1987, c. 256, §38 (RP).] B. [PL 1987, c. 256, §38 (RP).] [PL 2007, c. 491, §243 (AMD).]

3-A. Five-year minimum creditable service requirement for eligibility to receive service retirement benefit at applicable age; applicability. The minimum requirement of 5 years of creditable service for eligibility to receive service retirement benefits under subsection 1, paragraph E or subsection 2, paragraph D applies only to: A. A member who is in service on October 1, 1999; [PL 1999, c. 756, §23 (NEW).] B. Upon return to service, a member who had left service prior to October 1, 1999 with or without withdrawing that member's contributions and on or after October 1, 1999 returned to service; or [PL 1999, c. 756, §23 (NEW).] C. A member who was first in service on or after October 1, 1999. [PL 1999, c. 756, §23 (NEW).] For those members to whom the 5-year minimum creditable service requirement does not apply, the 10-year minimum creditable service requirement for eligibility to receive service retirement benefits remains in effect on and after October 1, 1999. [PL 1999, c. 756, §23 (NEW).]
5 M.R.S. § 3123 — ME Code / Title 5 / Part 8 / Chapter 310-A / Section 3123
5 §3123. Advisory Council on Affordable Health Care
Status: in_force

The Advisory Council on Affordable Health Care, established in section 12004‑I, subsection 31‑B , is an advisory council to the office on matters affecting the cost of health care in this State. [PL 2021, c. 459, §3 (NEW).]

1. Duties of advisory council. The advisory council shall advise the office on matters affecting the cost of health care in this State. [PL 2021, c. 459, §3 (NEW).]

2. Membership. The advisory council consists of 13 members as follows: A. Eleven members of the advisory council appointed as follows, subject to review by the legislative oversight committee and confirmation by the Senate: (1) Six members appointed by the President of the Senate, including one member who represents hospital interests, one member who represents primary care provider interests, one member who represents behavioral health care provider interests, one member who represents the interests of older residents of this State, one member who is a health care consumer advocate and one member with expertise in health economics and research; and (2) Five members appointed by the Speaker of the House, including one member who represents health insurance interests, one member who represents purchasers of health care, one member with demonstrated expertise in health care delivery, health care management at a senior level or health care finance and administration, one member who represents the health care workforce and one member with expertise in health economics and research; and [PL 2021, c. 459, §3 (NEW).] B. Two ex officio nonvoting members: (1) The Commissioner of Health and Human Services or the commissioner's designee; and (2) The Commissioner of Administrative and Financial Services or the commissioner's designee. [PL 2021, c. 459, §3 (NEW).] [PL 2021, c. 459, §3 (NEW).]

3. Terms of office. Appointed members of the advisory council serve 5-year terms and may be reappointed. A vacancy for an unexpired term must be filled in accordance with subsection 2, paragraph A or B . A member may serve until a replacement is appointed and qualified. [PL 2021, c. 459, §3 (NEW).]

4. Chair; vice-chair. The advisory council shall annually elect a chair and a vice-chair from among its members. [PL 2021, c. 459, §3 (NEW).]

5. Quorum. Seven voting members of the advisory council constitute a quorum. [PL 2021, c. 459, §3 (NEW).]

6. Affirmative vote. An affirmative vote of a majority of the voting members is required for any action taken by the advisory council. [PL 2021, c. 459, §3 (NEW).]

7. Meetings. The advisory council shall meet at least once every 2 months and may also meet at other times at the call of the chair. Meetings may be cancelled or postponed at the discretion of the chair. All meetings of the advisory council are public proceedings within the meaning of Title 1, chapter 13, subchapter 1 . [PL 2021, c. 459, §3 (NEW).]

8. Recusal. A member of the advisory council with a conflict of interest shall elect to be recused. For purposes of this subsection, "conflict of interest" means any instance in which a member, staff member or contractor of the advisory council or an immediate family member of the member, staff member or contractor of the advisory council has received or could receive either of the following: A. A direct financial benefit of any amount deriving from the results or findings of a study or determination by or for the advisory council; or [PL 2021, c. 459, §3 (NEW).] B. A financial benefit from individuals or companies that own or manufacture prescription drugs or health care services or items to be studied by the advisory council that in the aggregate exceeds $5,000 per year. For purposes of this paragraph, "financial benefit" includes honoraria, fees, stock or other financial benefit and the current value of already existing stock holdings, in addition to any direct financial benefit deriving from the results or findings of a study or determination by or for the advisory council. [PL 2021, c. 459, §3 (NEW).] [PL 2021, c. 459, §3 (NEW).]
5 M.R.S. § 13120-A — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13120-A
5 §13120-A. Authority established; purpose
Status: in_force

The Maine Rural Development Authority, as established by section 12004‑F, subsection 18 and referred to in this subchapter as the "authority," is a body both corporate and politic and a public instrumentality of the State established for the purpose of providing loans to communities for the development of commercial facilities on a speculative basis and for serving as lender or investor in the acquisition, development, redevelopment and sale of commercial facilities in areas where economic needs are not supported by private investment. The authority may also provide loans to businesses that currently do not own real estate and that are not supported by private investment. [PL 2011, c. 563, §10 (AMD).]

The purposes of this subchapter are public and the authority is performing a governmental function in carrying out this subchapter. [PL 2001, c. 703, §6 (NEW).]
5 M.R.S. § 12008 — ME Code / Title 5 / Part 18 / Chapter 379 / Section 12008
5 §12008. Ad hoc advisory boards
Status: in_force

The commissioner or chief executive officer of any state agency, as defined in section 8002 , and the board of trustees of any state authority or organization may form informal, ad hoc advisory boards to advise the commissioner, director or board of trustees on any issue. In forming an ad hoc advisory board pursuant to this section, the commissioner, director or board of trustees shall make a reasonable effort to include a representative of all the interests that may be involved in or may be affected by the issue. [PL 1987, c. 786, §8 (NEW).]

Any ad hoc advisory board shall be deemed an informal board and shall not be required to be listed in this chapter. A member of any ad hoc advisory board shall be deemed not to be an officer of the State within the meaning of the Constitution of Maine. [PL 1987, c. 786, §8 (NEW).]
5 M.R.S. § 196 — ME Code / Title 5 / Part 1 / Chapter 9 / Section 196
5 §196. Deputies and assistants; appointment and duties
Status: in_force

The Attorney General may appoint one or more deputy attorneys general, assistant attorneys general and staff attorneys who serve at the pleasure of the Attorney General or until their successors are duly appointed and qualified. They may perform all the duties required of the Attorney General and other duties the Attorney General delegates to them. The Attorney General may appoint research assistants with any powers and duties the Attorney General delegates. Research assistants may perform duties delegated to them by the Attorney General, including activities authorized by Title 4, section 807 . Notwithstanding any other provisions of law, the compensations of research assistants, law office manager and deputy attorneys general are fixed by the Attorney General. The compensation of the Deputy Chief Medical Examiner is fixed by the Attorney General in consultation with the Chief Medical Examiner and with the approval of the Governor. The compensations of the staff attorneys, assistant attorneys general and secretary to the Attorney General are fixed by the Attorney General with the approval of the Governor, but such compensations may not in the aggregate exceed the amount appropriated for those positions and may not result in an increased request to future Legislatures. [PL 2017, c. 284, Pt. DDD, §1 (AMD).]

Notwithstanding any other provision of law, whenever the written approval of the Attorney General is required by statute or court rule and the Attorney General either is unavailable to act upon the matter or has determined that it would be legally or ethically improper for the Attorney General to do so, the required approval may be given by a deputy attorney general specifically authorized in writing by the Attorney General to act on the Attorney General's behalf in these situations. [PL 2005, c. 154, §1 (AMD).]
5 M.R.S. § 95-C — ME Code / Title 5 / Part 1 / Chapter 6 / Section 95-C
5 §95-C. Powers and duties
Status: in_force

1. Archives services. The State Archivist has, upon consent of the Secretary of State, the following duties and powers regarding archives services: A. To administer the office of the State Archivist. In exercising the administration of the office, the State Archivist shall formulate policies, establish organizational and operational procedures and exercise general supervision. The State Archivist shall employ, with the approval of the Secretary of State, and subject to the Civil Service Law, such assistants as are necessary to carry out this chapter. The State Archivist shall adopt a seal for use in the official business of the office. The State Archivist has custody and control of the facilities provided for the administration of this chapter; [PL 2019, c. 50, §11 (NEW).] B. To have the right of reasonable access to and examination of all state and local government records in the State; [PL 2019, c. 50, §11 (NEW).] C. To adopt such rules as are necessary to effectuate the purposes of this chapter. No restrictions or limitations may be imposed on the use of records that are defined by law as state and local government records or as records open to public inspection, unless necessary to protect and preserve them from deterioration, mutilation, loss or destruction. Restrictions or limitations imposed by law on the examination and use of records transferred to the archives under subsection 2, paragraph A , subparagraph (3) remain in effect until the records have been in existence for 75 years unless removed or relaxed by the State Archivist with the concurrence in writing of the head of the agency from which the records were transferred or the successor in function, if any. The State Archivist shall adopt rules governing the transfer of records from the custody of one agency to that of another subject to any applicable provision of law. Rules adopted pursuant to this paragraph are routine technical rules as described in chapter 375, subchapter 2‑A ; [PL 2019, c. 50, §11 (NEW).] D. To accept gifts, bequests and endowments for purposes consistent with the objectives of this chapter. The Treasurer of State shall invest such funds if given as an endowment in securities according to the laws governing the investment of trust funds. All gifts, bequests and proceeds of invested endowment funds must be used solely to carry out the purposes for which they were made; [PL 2019, c. 50, §11 (NEW).] E. To publish archival material, reports, bulletins and other publications that promote the objectives of this chapter. The State Archivist shall establish the price at which publications, photocopies and photoduplication services may be sold and delivered. The income received under this paragraph and paragraph M must be credited to a special revenue account. Amounts in the account must be carried forward and expended by the agency for these purposes; [PL 2019, c. 50, §11 (NEW).] F. To report biennially to the Governor and Legislature facts and recommendations related to the work and needs of the office of the State Archivist; [PL 2019, c. 50, §11 (NEW).] G. To authorize and receive confirmation of the destruction of the state records of a state agency that, in the opinion of the head of the agency, are no longer of value to the state agency and that, in the opinion of the State Archivist, with advice from the Archives Advisory Board, have no archival value to the State; [PL 2019, c. 50, §11 (NEW).] H. To receive all agency records transferred to the Maine State Archives under subsection 2 and to negotiate for the transfer of official records that in the opinion of the State Archivist, with advice from the Archives Advisory Board, have archival value from the custody of any public official. The State Archivist shall charge a fee sufficient to cover the cost of receiving and processing all transfers from the custody of any public official not governed by subsection 2 . The fees collected must be deposited in the General Fund. Any public official in the State is authorized to turn over to the State Archivist those official records legally in that public official's custody that are not needed for the transaction of the business of that office whenever the State Archivist is willing and able to receive them. Whenever such a transfer is made, the State Archivist shall transmit to the office from which the records are transferred a memorandum in which the records are described in terms sufficient to identify them. The memorandum must be preserved in the transferring office. Unless otherwise directed by law, the state records of any public office, commission or committee in the State must, upon the termination of its existence or functions, be transferred to the custody of the State Archivist; [PL 2019, c. 50, §11 (NEW).] I. To preserve the records of the Secretary of State to the extent the Secretary of State determines desirable under the Constitution of Maine and the rules of the State Archivist adopted pursuant to paragraph C ; [PL 2019, c. 50, §11 (NEW).] J. To establish such standards concerning the establishment, maintenance and operation of state or local government administered electronic records as are necessary to ensure the preservation of adequate and permanent records of the organization, functions, policies, procedures, decisions and essential transactions of agencies; [PL 2019, c. 50, §11 (NEW).] K. To receive legislative records. The Secretary of the Senate and the Clerk of the House of Representatives shall obtain the noncurrent records of the Legislature and of each legislative committee at the close of each Legislature and transfer them to the Maine State Archives for preservation, subject to the orders of the Senate or the House of Representatives, respectively, and subject to schedules established in consultation with the Executive Director of the Legislative Council; [PL 2019, c. 50, §11 (NEW).] L. To make archival material under the State Archivist's supervision available for public use at reasonable times. The State Archivist shall carefully protect and preserve the materials from deterioration, mutilation, loss or destruction. State records maintained by the State Archivist that contain information related to the identity of a patron of the Maine State Archives relative to the patron's use of materials at the Maine State Archives are confidential; those state records and the information contained in them may be released only with the express written consent of the patron involved or as a result of a court order; [PL 2019, c. 50, §11 (NEW).] M. To furnish copies of archival material upon the request of any person on payment in advance of such fees as may be required. Copies of agency records transferred pursuant to law from the office of their origin to the custody of the State Archivist, if certified by the State Archivist, under the seal of that office, have the same legal force and effect as if certified by their original custodian. A facsimile of the signature of the State Archivist imprinted by or at the direction of the State Archivist upon any certificate issued by the State Archivist has the same validity as the written signature of the State Archivist; [PL 2019, c. 50, §11 (NEW).] N. To provide centralized photoduplication and records preservation services for agencies to the extent the State Archivist determines advisable in the administration of the programs under subsection 2 and facilities under paragraph A . The services must be furnished to agencies at cost. Fees collected under this paragraph must be deposited in the General Fund; and [PL 2019, c. 50, §11 (NEW).] O. To prepare a detailed explanation of what constitutes a record pursuant to section 92‑A, subsection 5 and records belonging to the State or to a local government or any agency of the State pursuant to section 95‑A, subsection 1 . The State Archivist shall include in the explanation practical examples of such records in plain language. Upon request, the State Archivist shall provide the explanation to an interested party at no cost to the interested party and shall post the explanation on a publicly accessible website. [PL 2019, c. 50, §11 (NEW).] [PL 2019, c. 50, §11 (NEW).]

2. Records management. The following provisions govern records management. A. The State Archivist shall, upon consent of the Secretary of State, establish and administer for all state agencies an active, continuing program for the economical and efficient management of agency records and for the proper disposition of government records. The State Archivist shall, with due regard for the functions of the agencies concerned: (1) Provide policies, procedures, standards and techniques for effective management of state and local government records in the conduct of business; (2) Recommend improvements in records management practices for electronic records, including the use of electronic records management systems, and for physical records, including the use of space, equipment and supplies employed in creating, maintaining, storing and servicing state and local government records; (3) Establish records retention schedules, in consultation with the heads of agencies and their records officers appointed pursuant to paragraph B . The records retention schedules must define the period of time for which each agency must retain records based on the following 4 criteria: (a) Administrative use; (b) Legal requirements; (c) Fiscal and audit requirements; and (d) Historical and research value. A state agency shall retain records of value, and transfer custody to the Maine State Archives, or dispose, as provided by the records retention schedule, of records no longer possessing sufficient administrative, legal or fiscal value to warrant their further keeping for business purposes; and (4) Obtain such reports from state agencies as are required for the administration of the program, including a biennial assessment of agency records management programs and currency of agency record schedules, in compliance with policies, procedures and standards set by the Maine State Archives. [PL 2019, c. 50, §11 (NEW).] B. The head of each state agency shall establish and maintain an active, continuing program for the economical and efficient management of records in compliance with the standards, procedures and regulations issued by the State Archivist. The head of each state agency shall appoint a records officer and the head of each large state agency shall appoint a records officer assistant. The head of each state agency, through that agency's records officer, shall enable and ensure the transfer to the Maine State Archives of those records that, in the opinion of the State Archivist, with advice from the Archives Advisory Board, have archival value. [PL 2019, c. 50, §11 (NEW).] [PL 2019, c. 50, §11 (NEW).]
5 M.R.S. § 17152 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17152
5 §17152. Funds
Status: in_force

The board may combine the assets of the State Employee and Teacher Retirement Program with the assets of other retirement programs of the retirement system for investment purposes. The assets of the State Employee and Teacher Retirement Program may not be combined with the assets of another retirement program for benefit purposes or for administrative expenses. All of the assets of the retirement system must be credited according to the purpose for which they are held among the several funds created by this section, namely: [PL 2017, c. 88, §19 (AMD).]

1. Members' Contribution Fund. The Members' Contribution Fund; and [RR 2015, c. 2, §3 (COR).]

2. Retirement Allowance Fund. The Retirement Allowance Fund. [PL 2015, c. 385, §6 (AMD).]

3. Expense Fund. [PL 2015, c. 385, §7 (RP).]

4. Survivors' Benefit Fund. [PL 2007, c. 249, §12 (RP).]

5. State Retiree Health Insurance Fund. [PL 2007, c. 249, §13 (RP).]

6. State Retired Teachers' Health Insurance Fund. [PL 2007, c. 249, §14 (RP).]

7. Disability Retirement Benefit Fund. [PL 2007, c. 249, §15 (RP).]
5 M.R.S. § 13080-K — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13080-K
5 §13080-K. Termination of the authority
Status: in_force

The authority is not dissolved until: [PL 1993, c. 474, §1 (NEW).]

1. Legislature provides for termination. It is terminated by the Legislature; and [PL 1993, c. 474, §1 (NEW).]

2. Payment of bonds, premiums and interest. The bonds, premium, if any, and interest have been paid or a sufficient amount for the payment of the bonds and interest to maturity or a prior redemption date have been irrevocably set aside in trust for the benefit of the bondholders in accordance with agreements with the bondholders. [PL 2003, c. 598, §9 (AMD).]
5 M.R.S. § 1507 — ME Code / Title 5 / Part 4 / Chapter 141 / Section 1507
5 §1507. Contingent Account
Status: in_force

The Governor may allocate from the State Contingent Account amounts not to exceed in total the sum of $4,350,000. The Governor may allocate from such account amounts not to exceed in total the sum of $300,000 in any fiscal year in accordance with the purposes specified in subsections 1 , 2 , 3 , 4 and 4‑A , an amount not to exceed $1,000,000 in accordance with the purposes specified in subsection 5‑A , an amount not to exceed $1,000,000 in accordance with the purposes specified in subsection 5‑B and an amount not to exceed $2,000,000 in accordance with the purposes specified in subsection 5‑C . [PL 2009, c. 213, Pt. OOO, §1 (AMD).]

1. Institutions. The Governor may allocate funds from such account, when need exists and only upon the written request of the Commissioner of Health and Human Services and upon consultation with the State Budget Officer, to those institutions administered by the Department of Health and Human Services where actual average population in a fiscal year exceeds the basic estimates of population upon which the budget was approved and where such relief can not be absorbed within regular legislative appropriations. [RR 1995, c. 2, §4 (COR); PL 2001, c. 354, §3 (AMD); PL 2003, c. 689, Pt. B, §§6, 7 (REV).]

2. Construction. The Governor may allocate funds from such account to provide funds for construction, repairs, equipment, supplies and furnishings, whenever: A. An increase in construction or equipment costs results in a project cost in excess of the amount appropriated therefor by the Legislature; or [PL 1975, c. 771, §67 (RPR).] B. A condition arises during the course of a project which necessitates a change in plans, specifications or equipment resulting in a project cost in excess of funds previously made available therefor. [PL 1975, c. 771, §67 (RPR).] The Governor may make allocations for this purpose only upon the written request of an appropriate officer of the State and upon consultation with the State Budget Officer. [PL 1975, c. 771, §67 (RPR).]

3. Purchase of real estate. The Governor may allocate funds from such account to provide funds in accordance with Title 1, section 814 . Allocations may be made from this fund by the Governor only upon the written request of the Director of the Bureau of General Services and upon consultation with the State Budget Officer. [PL 2011, c. 691, Pt. B, §7 (AMD).]

4. Emergencies. The Governor may allocate funds from such account to meet any emergency expense necessarily incurred under any requirement of law or for the maintenance, in emergency conditions, of government within the scope existing at the time of the previous session of the Legislature or contemplated by laws enacted thereat, or to pay expenses arising out of an emergency requiring an expenditure or money not provided by the Legislature. The Governor shall determine the necessity for such allocations upon consultation with the State Budget Officer. [PL 1975, c. 771, §67 (RPR).]

4-A. Maine community colleges. The Governor may allocate funds from such account in amounts not to exceed in total the sum of $100,000 in any fiscal year to provide funds for any unusual and unforeseen needs as may arise in the operation of the Maine community colleges. Allocations may be made from this fund by the Governor only upon the written request of the Board of Trustees of the Maine Community College System and after consultation with the State Budget Officer. [PL 1989, c. 878, Pt. A, §11 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]

5. Promotion of Maine. The Governor, upon consultation with the State Budget Officer, may allocate funds from such account in amounts not to exceed in total the sum of $50,000 in any fiscal year for the promotion of Maine outside of the State, after ample evidence is presented that such funds will support such unusual and unforeseen needs as may arise in the promotion of specific projects that bear a direct positive effect on the economy of Maine and only when there is a written request to the Governor for such funds by a private group or by a state officer whose duties are related to such specific projects; and $250,000 in any fiscal year for scientific, experimental and research projects designed to develop new industries, to enhance industrial productivity or to develop, test or transfer new technologies for which federal funding requiring a state match is available. [PL 1991, c. 528, Pt. E, §6 (AMD); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. E, §6 (AMD).]

5-A. Job development training. The Governor may allocate funds from such account in amounts not to exceed in total the sum of $1,000,000 to provide funds for any unusual, unforeseen or extraordinary needs for state assistance in creating jobs by assisting in meeting the training requirements of labor-intensive new or expanding industries. Allocations for this purpose may be made from this fund by the Governor only upon the written request of the Commissioner of Labor and the Commissioner of Economic and Community Development and after consultation with the State Budget Officer. The commissioners' request to the Governor must be formulated subsequent to their consultation with the Commissioner of Education, the President of the Maine Community College System and the director of the appropriate local workforce investment area designated pursuant to the federal Workforce Innovation and Opportunity Act, Public Law 113-128. [PL 2017, c. 110, §1 (AMD).]

5-B. Training fund for job retention. The Governor may allocate funds from the account in amounts not to exceed in total the sum of $1,000,000 to provide funds to assist with the training needs of stable businesses that utilize new technologies and work processes to remain competitive and would otherwise be reducing their workforce. Allocations for this purpose may be made from this fund by the Governor only upon written request of the Commissioner of Labor and the Commissioner of Economic and Community Development and after consultation with the State Budget Officer. The commissioners' request to the Governor must be formulated subsequent to their consultation with officials and training providers of the business. [PL 1993, c. 410, Pt. QQQ, §2 (NEW).]

5-C. Early childhood investments. The Governor may allocate funds from the account in amounts not to exceed in total the sum of $2,000,000 to provide funds to assist with the development of an early care and education infrastructure. Allocations for this purpose may be made from this fund by the Governor upon written request of the Commissioner of Education and the Commissioner of Health and Human Services and after consultation with the State Budget Officer. [PL 2009, c. 213, Pt. OOO, §2 (NEW).]

6. Claims. The Governor shall allocate funds from the account for the payment of claims approved or partially approved by the State Claims Commission under section 1510‑A . [PL 2005, c. 683, Pt. A, §6 (AMD).]

7. Procedure. All allocations from the State Contingent Account must be supported by a statement of facts setting forth the necessity for the allocation. A copy of each order for an allocation, together with the statement of facts, must be provided to the Office of Fiscal and Program Review, the joint standing committee having jurisdiction over economic development matters, to the President of the Senate and to the Speaker of the House of Representatives when the allocation is made. [PL 1993, c. 410, Pt. QQQ, §3 (AMD).]

The State Controller shall include in the official annual financial report at the close of each fiscal year a statement showing all transfers made from the State Contingent Account for the fiscal period. [RR 2023, c. 2, Pt. B, §48 (COR).]

After the close of each fiscal year, the Governor may request a General Fund appropriation from the next session of the Legislature in an amount as may be available to bring the total available in the State Contingent Account to a maximum of $4,350,000 for the current fiscal year. [PL 2009, c. 213, Pt. OOO, §3 (AMD).]

At the close of each fiscal year, as the first priority transfer before any other transfer authorized by law, there must be transferred from the General Fund an amount as may be available from time to time until the maximum of $350,000 is achieved to be used for the purposes specified in subsections 1 to 6 . [PL 2005, c. 519, Pt. VV, §1 (AMD).]

Notwithstanding any other provision of law, if the funds remaining in the State Contingent Account are not sufficient to address a purpose consistent with the purposes specified in subsection 4 , the Governor may upon consultation with the State Budget Officer access any funds available to the State. The Governor shall identify by financial order the account, fund or other source from which payment is made. Funds accessed for this purpose may not exceed $750,000. [PL 2005, c. 12, Pt. CC, §1 (NEW).]
5 M.R.S. § 20055 — ME Code / Title 5 / Part 25 / Chapter 521 / Section 20055
5 §20055. Hub-and-spoke model
Status: in_force

No later than October 1, 2018, the department shall ensure that a continuum of evidence-based treatment and recovery support services for opioid use disorder is accessible to all people in this State through contracts with hubs and spokes. Hub providers may refer patients to spokes when clinically appropriate, and spokes may refer patients to hubs when clinically appropriate. The department shall provide funds to hubs and spokes to support the development of treatment capacity. The department shall also provide funds to hubs and spokes for treatment, including medication, for individuals who lack insurance or the ability to pay for treatment. The department shall provide funds to support recovery support services for individuals receiving treatment from hubs and spokes. The department shall ensure that individuals have access to the appropriate levels of care that meet the individuals' need, as determined by an assessment by a treating clinician. A hub is eligible to receive funding under this section only if the hub has the capacity to assess and treat or refer patients with multiple behavioral health diagnoses. A hub shall provide or contract for comprehensive services including intensive outpatient programs and integrated medication assisted treatment for individuals with acute needs. A hub shall provide or coordinate with recovery support services. [PL 2017, c. 460, Pt. G, §6 (NEW).]
5 M.R.S. § 1673 — ME Code / Title 5 / Part 4 / Chapter 149 / Section 1673
5 §1673. Allocation bills
Status: in_force

All allocation bills shall be submitted in the same manner as required for the General Fund in section 1581 and shall be subject to the transfer provisions of section 1585 . [PL 1983, c. 824, Pt. N, §2 (NEW).]
5 M.R.S. § 12004-E — ME Code / Title 5 / Part 18 / Chapter 379 / Section 12004-E
5 §12004-E. Budget and rate regulation
Status: in_force

The primary responsibilities of rate regulation boards include the setting of revenue or budget ceilings and the setting of prices or rates for commodities or services provided statewide. In addition to the power to hold hearings, adopt rules, establish policies and procedures, these boards may determine revenue limits, establish prices, conduct investigations and initiate action to revoke or suspend licenses and permits. [PL 1987, c. 786, §5 (NEW).]

This classification includes the following. [PL 1987, c. 786, §5 (NEW).]

NAME OF ORGANIZATION RATE OF COMPENSATION STATUTORY REFERENCE

1. Maine Health Care Finance Commission [PL 1995, c. 653, Pt. B, §1 (RP); PL 1995, c. 653, Pt. B, §8 (AFF).]

2. Maine Milk Commission Legislative Per Diem 7 MRSA §2952 [PL 1987, c. 786, §5 (NEW).]

3. State Liquor Commission [PL 1997, c. 373, §3 (RP).]
5 M.R.S. § 1737 — ME Code / Title 5 / Part 4 / Chapter 152 / Section 1737
5 §1737. State-administered fund
Status: in_force

1. Creation of state-administered fund. A reserve fund, referred to in this chapter as the "state-administered fund," is created to indemnify persons and entities eligible for participation pursuant to subsection 2 for losses and related loss adjustment expenses from those perils insured against under a deductible or self-insured retention program as recommended by the State Controller and approved by the Commissioner of Administrative and Financial Services. With the approval of the commissioner, the state-administered fund may be used for loss prevention programs administered by the risk management division within the Office of the State Controller. The total amount of the state-administered fund provided for loss prevention programs in any given year may not exceed 5% of the state-administered fund as of July 1st of that fiscal year. The state-administered fund is a continuing fund and does not lapse. [PL 2017, c. 284, Pt. O, §9 (AMD).]

2. Eligibility for participation in state-administered fund. The State Controller may offer insurance advice and services to persons or entities other than state departments or agencies if: A. The State Controller has been authorized to do so by law; [PL 2017, c. 284, Pt. O, §9 (AMD).] B. The Governor has approved that person or entity for insurance advice and service; [PL 1993, c. 470, §9 (NEW).] C. Coverage is unavailable or is offered only at unreasonable cost to that person or entity; and [PL 1993, c. 470, §9 (NEW).] D. That person or entity has demonstrated a strong public need for the services provided by that person or entity. [PL 1993, c. 470, §9 (NEW).] [PL 2017, c. 284, Pt. O, §9 (AMD).]

3. Interim coverage. The State Controller may offer insurance advice and services for no more than 6 months when the Governor, in the absence of the Legislature, determines that it is appropriate to do so based on consideration of the risks involved and the governmental objectives served by that coverage. [PL 2017, c. 284, Pt. O, §9 (AMD).]

4. Directed services. Notwithstanding the provisions of subsection 2 , the State Controller may provide insurance advice or services for family foster homes as defined in Title 22, section 8101, subsection 3 ; specialized children's homes, as defined in Title 22, section 8101, subsection 5 ; respite care providers as described in Title 34‑B, section 6201, subsection 2‑A ; the Casco Bay Island Transit District created by Private and Special Law 1981, chapter 22; the University of Maine System; the Maine Community College System; the Maine Maritime Academy; and the State's local workforce investment areas designated under the federal Workforce Innovation and Opportunity Act, Public Law 113-128. The State Controller may provide insurance services for public schools as defined in Title 20‑A, section 1, subsection 24 if the provisions of subsection 2 are met. Notwithstanding subsection 2 , the State Controller may provide insurance advice for public schools. [PL 2017, c. 284, Pt. O, §10 (AMD).]

5. Capitalization of state-administered fund. The state-administered fund is capitalized by payments from persons or entities insured by the fund, by returned premiums or claims proceeds paid pursuant to terms of any insurance contract and by other means the Legislature approves. In establishing the initial capitalization of the state-administered fund, the Commissioner of Administrative and Financial Services may transfer from the self-insurance fund established by section 1731 to the state-administered fund an amount that the commissioner determines to be the existing balance attributable to any risks formerly covered by the self-insurance fund that must be covered in the future by the state-administered fund. The commissioner shall deposit the state-administered fund with the Treasurer of State for investment. All proceeds of that investment accrue to the state-administered fund. The commissioner shall comply with applicable federal circulars and has the discretion to include public instrumentalities in the state-administered fund if the commissioner determines that the inclusion of these instrumentalities is necessary to allow the state-administered fund as a whole to offer insurance at affordable rates. [PL 1993, c. 470, §9 (NEW).]

6. Limitation on use of state-administered fund. The state-administered fund may be used only for insurance purposes in accordance with this chapter and the assets of the state-administered fund may not be transferred to meet a budgetary shortfall or pay uninsured expenses. [PL 1993, c. 470, §9 (NEW).]

7. No expansion of liability under the Maine Tort Claims Act. The insurance advice and services provided by the state-administered fund do not expand the limits of liability or abrogate immunities contained in the Maine Tort Claims Act or any other state or federal law. [PL 1993, c. 470, §9 (NEW).]

8. Payments from state-administered fund. Pursuant to the recommendation of the State Controller, the Commissioner of Administrative and Financial Services may cause payments from the state-administered fund or proceeds of insurance purchased in accordance with this section, or both, to be made available for repair or replacement of insured property and payment of losses and loss adjustment expenses. The rights of a person or entity insured under this section are limited to the extent specified in the contractual agreements or policies of insurance entered into between those persons or entities and the State Controller and any involved insurance companies. Notwithstanding any contractual agreements or policies of insurance, persons or entities participating in the state-administered fund do not have a right of recovery except against the assets of the state-administered fund and do not have recourse against the General Fund, the assets of the State or the commissioner, the State Controller or any other state employee. The commissioner shall establish procedures to ensure adequate disclosure of this limitation on rights of recovery to the entities insured under this section. [PL 2017, c. 284, Pt. O, §11 (AMD).]
5 M.R.S. § 2053 — ME Code / Title 5 / Part 5 / Chapter 191 / Section 2053
5 §2053. Account of items in writing may be required
Status: in_force

Every officer or other person upon receiving any fees provided for by law, if required by the person paying them, shall make a particular account thereof in writing specifying for what they accrued or the officer or other person forfeits to the person treble the sum paid, to be recovered in a civil action. [RR 2023, c. 2, Pt. B, §61 (COR).]
5 M.R.S. § 8071 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 8071
5 §8071. Legislative review of certain agency rules
Status: in_force

Except as otherwise provided in this subchapter, rules adopted pursuant to rule-making authorization delegated to an agency after January 1, 1996 are subject to the procedures of this subchapter and subchapter II . [PL 1995, c. 463, §2 (NEW).]

1. Legislative action. All new rules authorized to be adopted by delegation of legislative authority that is enacted after January 1, 1996, including new rules authorized by amendment of provisions of laws in effect on that date, must be assigned by the Legislature to one of 2 categories and subject to the appropriate level of rule-making procedures as provided in this subchapter. The Legislature shall assign the category and level of review to all rules at the time it enacts the authorizing legislation. The Legislature may assign different categories and levels of review to different types of rules authorized by the same legislation. [PL 1995, c. 574, §1 (AMD).]

2. Categories of rules. There are 2 categories of rules authorized for adoption after January 1, 1996. A. Routine technical rules are procedural rules that establish standards of practice or procedure for the conduct of business with or before an agency and any other rules that are not major substantive rules as defined in paragraph B . Routine technical rules include, but are not limited to, forms prescribed by an agency; they do not include fees established by an agency except fees established or amended by agency rule that are below a cap or within a range established by statute. [PL 1995, c. 463, §2 (NEW).] B. Major substantive rules are rules that, in the judgment of the Legislature: (1) Require the exercise of significant agency discretion or interpretation in drafting; or (2) Because of their subject matter or anticipated impact, are reasonably expected to result in a significant increase in the cost of doing business, a significant reduction in property values, the loss or significant reduction of government benefits or services, the imposition of state mandates on units of local government as defined in the Constitution of Maine, Article IX, Section 21, or other serious burdens on the public or units of local government. [PL 1995, c. 463, §2 (NEW).] [PL 1995, c. 463, §2 (NEW).]

3. Levels of rule-making process. In order to provide for maximum agency flexibility in the adoption of rules while retaining appropriate legislative oversight over certain rules that are expected to be controversial or to have a major impact on the regulated community, each agency rule authorized and adopted after January 1, 1996 is subject to one of 2 levels of rule-making requirements. A. Routine technical rules are subject to the rule-making requirements of subchapter II only. [PL 1995, c. 463, §2 (NEW).] B. Major substantive rules are subject to the requirements of section 8072 . After January 1, 1996, any grant of general or specific rule-making authority to adopt major substantive rules is considered to be permission only to provisionally adopt those rules subject to legislative review. Final adoption may occur only after legislative review of provisionally adopted rules as provided in section 8072 . The establishment or amendment of an agency fee by rulemaking is a major substantive rule, except for the establishment or amendment of a fee that falls under a cap or within a range set in statute, which is a routine technical rule. [PL 1995, c. 463, §2 (NEW).] [PL 1995, c. 463, §2 (NEW).]
5 M.R.S. § 81 — ME Code / Title 5 / Part 1 / Chapter 5 / Section 81
5 §81. Office and duties; vacancy; salary; expenses; fees
Status: in_force

The Department of the Secretary of State, as established, consists of the Secretary of State, the State Archives and such other state departments and agencies as are by law subject to the direction of the Secretary of State. The secretary shall keep the Secretary of State's office at the seat of government; have the custody of the state seal and preserve all records in that office, at the expense of the State. The Secretary of State may appoint deputy secretaries of state who serve at the pleasure of the Secretary of State. The secretary shall designate one of the deputies as first deputy secretary of state. When a vacancy happens in the office of Secretary of State during the recess of the Legislature, the first deputy secretary of state shall act as Secretary of State until a Secretary of State is elected by the Legislature. That deputy shall take the oath required of the elected Secretary of State and must have the same compensation while performing the duties of the office. [PL 2025, c. 390, Pt. B, §1 (AMD).]

The Secretary of State and any deputy secretaries of state must receive such actual traveling expenses incident to the administration of the Department of the Secretary of State as are necessary. [PL 2025, c. 390, Pt. B, §1 (AMD).]

The Secretary of State shall collect the legal and usual fees payable to the Secretary of State and shall pay them over immediately to the Treasurer of State. [PL 2025, c. 390, Pt. B, §1 (AMD).]
5 M.R.S. § 3224 — ME Code / Title 5 / Part 8 / Chapter 310-B / Section 3224
5 §3224. State Floodplain Mapping Fund
Status: in_force

1. Fund established. The State Floodplain Mapping Fund, referred to in this section as "the fund," is established as a dedicated, nonlapsing fund administered by the office for the purpose of providing funds for the mapping of floodplains in the State using light detection and ranging technology. [PL 2025, c. 388, Pt. D, §11 (NEW).]

2. Sources of funding. The fund consists of any money received from the following sources: A. Contributions from private sources; [PL 2025, c. 388, Pt. D, §11 (NEW).] B. Federal funds and awards; [PL 2025, c. 388, Pt. D, §11 (NEW).] C. The proceeds of any bonds issued for the purposes for which the fund is established; and [PL 2025, c. 388, Pt. D, §11 (NEW).] D. Any other funds received in support of the purposes for which the fund is established. [PL 2025, c. 388, Pt. D, §11 (NEW).] [PL 2025, c. 388, Pt. D, §11 (NEW).]

3. Disbursements from the fund. The office shall apply the money in the fund toward the support of floodplain mapping in the State, including, but not limited to, the acquisition of light detection and ranging elevation data and the processing and production of floodplain maps. [PL 2025, c. 388, Pt. D, §11 (NEW).]
5 M.R.S. § 4612 — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4612
5 §4612. Procedure on complaints
Status: in_force

1. Predetermination resolution; investigation. Upon receipt of such a complaint, the commission or its delegated single commissioner or investigator shall take the following actions. A. The commission or its delegated single commissioner or investigator shall provide an opportunity for the complainant and respondent to resolve the matter by settlement agreement prior to a determination of whether there are reasonable grounds to believe that unlawful discrimination has occurred. Evidence of conduct or statements made in compromise settlement negotiations, offers of settlement and any final agreement are confidential and may not be disclosed without the written consent of the parties to the proceeding nor used as evidence in any subsequent proceeding, civil or criminal, except in a civil action alleging a breach of agreement filed by the commission or a party. Notwithstanding this paragraph, the commission and its employees have discretion to disclose such information to a party as is reasonably necessary to facilitate settlement. The commission may adopt rules providing for a 3rd-party neutral mediation program. The rules may permit one or more parties to a proceeding to agree to pay the costs of mediation. The commission may receive funds from any source for the purposes of implementing a 3rd-party neutral mediation program, and such funds are not subject to any statewide cost allocation plan. [PL 2019, c. 465, §6 (AMD).] B. The commission or its delegated commissioner or investigator shall conduct such preliminary investigation as it determines necessary to determine whether there are reasonable grounds to believe that unlawful discrimination has occurred. In conducting an investigation, the commission, or its designated representative, must have access at all reasonable times to premises, records, documents, individuals and other evidence or possible sources of evidence and may examine, record and copy those materials and take and record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation. The commission may issue subpoenas to compel access to or production of those materials or the appearance of those persons, subject to section 4566, subsections 4‑A and 4‑B , and may serve interrogatories on a respondent to the same extent as interrogatories served in aid of a civil action in the Superior Court. The commission may administer oaths. The complaint and evidence collected during the investigation of the complaint, other than data identifying persons not parties to the complaint and other information designated as confidential in subsection 1‑A , is a matter of public record at the conclusion of the investigation of the complaint prior to a determination by the commission. An investigation is concluded upon issuance of a letter of dismissal or upon listing of the complaint on a published commission meeting agenda, whichever first occurs. Prior to the conclusion of an investigation, all information possessed by the commission relating to the investigation is confidential and may not be disclosed, except that the commission and its employees have discretion to disclose such information as is reasonably necessary to further the investigation. Notwithstanding any other provision of this section, the complaint and evidence collected during the investigation of the complaint may be used as evidence in any subsequent proceeding, civil or criminal. The commission must conclude an investigation under this paragraph within 2 years after the complaint is filed with the commission. [PL 1991, c. 99, §30 (AMD).] C. The commission shall contract with impartial mediators for the 3rd-party neutral mediation program under paragraph A . For the purposes of this section, while carrying out their official duties, mediators are considered state employees and are entitled to the immunity provided to state employees under the Maine Tort Claims Act. [PL 2025, c. 80, §1 (NEW).] [PL 2025, c. 80, §1 (AMD).]

1-A. Confidential documents. The following information collected during the investigation of a complaint pursuant to this section is confidential and may not be disclosed except to the parties to a complaint, the commission and its federal partner agencies or in a subsequent civil or criminal legal action: A. Medical, counseling, psychiatric and other confidential health records; [PL 2019, c. 465, §6 (NEW).] B. Social security numbers; [PL 2019, c. 465, §6 (NEW).] C. Evidence of conduct or statements made in compromise settlement negotiations, offers of settlement and final agreements made prior to the conclusion of the investigative process; [PL 2019, c. 465, §6 (NEW).] D. Names of minor children; [PL 2019, c. 465, §6 (NEW).] E. Any information the commission is required to keep confidential pursuant to work-sharing agreements with the United States Equal Employment Opportunity Commission, the United States Department of Housing and Urban Development or any other federal partner agencies; [PL 2019, c. 465, §6 (NEW).] F. Criminal history record information that is not otherwise made public by law; [PL 2019, c. 465, §6 (NEW).] G. Personnel records and personal information that has been made confidential by law; [PL 2019, c. 465, §6 (NEW).] H. Notes made by the investigator for the investigator's private use in assessing evidence gathered during an investigation; and [PL 2019, c. 465, §6 (NEW).] I. Any other records that are not public records in accordance with Title 1, section 402 . [PL 2019, c. 465, §6 (NEW).] Documents containing information set forth in this subsection are not "public records," as defined in Title 1, section 402, subsection 3 , and do not become a matter of public record under this section. [PL 2019, c. 465, §6 (NEW).]

2. Order of dismissal. If the commission does not find reasonable grounds to believe that unlawful discrimination has occurred, it shall enter an order so finding, and dismiss the proceeding. [PL 1971, c. 501, §1 (NEW).]

2-A. Administrative dismissal. The executive director of the commission may administratively dismiss a complaint for reasons including, but not limited to: A. Lack of jurisdiction; [PL 2019, c. 465, §6 (NEW).] B. Failure to substantiate the complaint of discrimination; [PL 2019, c. 465, §6 (NEW).] C. Failure to file a complaint of discrimination within 300 days of the date of alleged discrimination; [PL 2019, c. 465, §6 (NEW).] D. Failure by complainant to proceed or cooperate with the investigation, including but not limited to a complainant's repeated or egregious failure to abide by the commission's confidentiality requirements; [PL 2019, c. 465, §6 (NEW).] E. Bankruptcy filing by respondent; or [PL 2019, c. 465, §6 (NEW).] F. Death of a complainant, if no person with legal authority to continue the case appears on that person's own behalf or on behalf of the complainant's estate within a reasonable time. [PL 2019, c. 465, §6 (NEW).] An administrative dismissal operates as an order of dismissal and has the same effect as a finding by the commission that no reasonable grounds exist to believe that unlawful discrimination has occurred, except that an administrative dismissal pursuant to paragraph C does not entitle the complainant to an award of attorney's fees, civil penal damages or compensatory and punitive damages. [PL 2021, c. 366, §20 (AMD).]

3. Informal methods, conciliation. If the commission finds reasonable grounds to believe that unlawful discrimination has occurred, but finds no emergency of the sort contemplated in subsection 4, paragraph B , it shall endeavor to eliminate such discrimination by informal means such as conference, conciliation and persuasion. Everything said or done as part of such endeavors is confidential and may not be disclosed without the written consent of the parties to the proceeding, nor used as evidence in any subsequent proceeding, civil or criminal, except in a civil action alleging a breach of agreement filed by the commission or a party. Any post-finding conciliation agreement that includes the commission as a signatory is a public record. Notwithstanding this subsection, the commission and its employees have discretion to disclose such information to a party as is reasonably necessary to facilitate conciliation. If the case is disposed of by such informal means in a manner satisfactory to a majority of the commission, it shall dismiss the proceeding. [PL 2019, c. 465, §6 (AMD).]

4. Civil action by commission. The commission may file a civil action in accordance with this subsection. A. If the commission finds reasonable grounds to believe that unlawful discrimination has occurred, and further believes that irreparable injury or great inconvenience will be caused the victim of such discrimination or to members of a protected class group if relief is not immediately granted, or if conciliation efforts under subsection 3 have not succeeded, the commission may file in the Superior Court a civil action seeking such relief as is appropriate, including temporary restraining orders. In a complaint investigated pursuant to a memorandum of understanding between the commission and the United States Department of Housing and Urban Development that results in a reasonable grounds determination, the commission shall file a civil action for the use of complainant if conciliation efforts under subsection 3 are unsuccessful. [PL 2019, c. 465, §6 (AMD).] B. Grounds for the filing of such an action before attempting conciliation include, but are not limited to: (1) In unlawful housing discrimination, that the housing accommodation sought is likely to be sold or rented to another during the pendency of proceedings, or that an unlawful eviction is about to occur; (2) In unlawful employment discrimination, that the victim of the discrimination has lost or is threatened with the loss of job and income as a result of such discrimination; (3) In unlawful public accommodations discrimination, that such discrimination is causing inconvenience to many persons; (4) In any unlawful discrimination, that the victim of the discrimination is suffering or is in danger of suffering severe financial loss in relation to circumstances, severe hardship or personal danger as a result of such discrimination. [PL 1991, c. 99, §30 (AMD).] [PL 2019, c. 465, §6 (AMD).]

5. Confidentiality of 3rd-party records. The Legislature finds that persons who are not parties to a complaint under this chapter as a complainant or a respondent have a right to privacy. Any records of the commission that are open to the public under Title 1, chapter 13 , must be kept in such a manner as to ensure that data identifying these 3rd parties is not reflected in the record. [PL 2019, c. 465, §6 (AMD).]

6. Issuance of right-to-sue letter. The commission may issue a right-to-sue letter only in accordance with this subsection. A. If, later than the 180th day after the date a complaint is filed with the commission, the commission has not filed a civil action in the case or has not entered into a conciliation agreement in the case, the complainant may submit a written request for a right-to-sue letter and the commission shall issue the requested right-to-sue letter. [PL 2023, c. 255, §1 (NEW).] B. If a complainant submits a written request for a right-to-sue letter before the 180th day after the date a complaint is filed with the commission, the commission shall issue a right-to-sue letter if: (1) The executive director of the commission determines that the complainant has demonstrated good cause for requesting the right-to-sue letter before the expiration of the 180-day period after the filing of the complaint; and (2) The executive director of the commission certifies that it is probable that the commission will not be able to conclude its investigation before the 180-day period after the filing of the complaint. [PL 2023, c. 255, §1 (NEW).] If the commission issues a right-to-sue letter in accordance with this subsection, it shall end its investigation of the complaint unless the executive director of the commission and legal counsel to the commission determine that proceeding with the investigation would achieve the purposes of this chapter, in which case the commission shall continue to investigate the complaint as if it had been filed by an employee of the commission under section 4611 . [PL 2023, c. 255, §1 (RPR).]
5 M.R.S. § 7036 — ME Code / Title 5 / Part 17-A / Chapter 372 / Section 7036
5 §7036. Duties of the State Human Resources Officer
Status: in_force

The State Human Resources Officer is responsible for the administration of this chapter. In carrying out these duties and responsibilities, the officer shall: [RR 2023, c. 1, Pt. B, §7 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]

1. Develop administrative procedures. Develop administrative procedures which are not subject to the Maine Administrative Procedure Act, chapter 375 , with respect to the internal management of the office and the interaction of the office with other state agencies; [PL 1985, c. 785, Pt. B, §38 (NEW).]

1-A. Conduct employee relations activities. Act as directed by the Governor, through the Commissioner of Administrative and Financial Services, to carry out all employee relations functions as set forth in Title 26, section 979‑A, subsection 5, paragraphs A to G . [PL 2007, c. 240, Pt. HH, §8 (NEW).]

2. Develop training programs. Provide for a statewide coordinated training and organizational development system and services; develop and implement training programs to ensure that managers and supervisors have the skills and knowledge needed to manage people effectively; provide career and professional development programs for employees; provide state agencies with organizational development and management consulting services; provide technical assistance and other programs for training and organizational development; and provide supported employment and special appointment counseling and placement. A. The officer may employ staff and contract for professional services as necessary to develop and conduct training, organizational development and managerial development programs. [RR 2023, c. 1, Pt. B, §8 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).] B. Charges may be made to state agencies for programs and services provided. Any rate schedule recommended by the officer is subject to the approval of the commissioner. [RR 2023, c. 1, Pt. B, §9 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).] C. The Training and Organizational Development Fund is established as a dedicated revenue account fund for the purposes of this subsection. [PL 1989, c. 501, Pt. P, §19 (NEW).] D. No expenditures may be made from the Training and Organizational Development Fund for the purpose of providing any state employee, elected official or appointee with training intended specifically to enhance and promote their image as an individual without the authorization of the Governor; [PL 1989, c. 501, Pt. P, §19 (NEW); PL 1989, c. 702, Pt. E, §3 (AMD).] [RR 2023, c. 1, Pt. B, §§8, 9 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]

3. Provide information. [PL 2007, c. 240, Pt. HH, §9 (RP).]

4. Develop career information. Develop and distribute brochures to provide periodic seminars to state employees that provide information regarding: A. Careers available in State Government; [PL 1985, c. 785, Pt. B, §38 (NEW).] B. Job descriptions of the different careers or job classifications; [PL 1985, c. 785, Pt. B, §38 (NEW).] C. Basic qualifications for and requirements of the careers or job classifications; and [PL 1985, c. 785, Pt. B, §38 (NEW).] D. The process by which a person obtains additional information about and applies for different positions in the classified service; [PL 1985, c. 785, Pt. B, §38 (NEW).] [PL 1985, c. 785, Pt. B, §38 (NEW).]

5. Be responsible for development and implementation of system of registers of eligibles. Be responsible for the development and use of registers of eligibles and the updating of these registers. After meeting and consulting with collective bargaining representatives of affected employees, the officer shall implement the procedures authorized by this subsection with the goal to establish an efficient hiring process that meets the satisfaction of the agencies that the office serves; [RR 2023, c. 1, Pt. B, §10 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]

6. Develop and oversee job application process. Develop and oversee the administration of the job application process with the goal to establish a very efficient process that meets the needs established in subsection 4 ; [PL 1999, c. 668, §10 (AMD).]

7. Work closely with state agencies. Work closely and cooperate with state agencies with respect to personnel matters and personnel needs of state agencies and state employees. Personnel matters and personnel needs include, but are not limited to, the following: A. Requests of state agencies' lists of eligible persons to fill vacant or new positions; [PL 1985, c. 785, Pt. B, §38 (NEW).] B. Requests of state agencies for reclassifications and reallocations of positions; [PL 1985, c. 785, Pt. B, §38 (NEW).] C. Requests of state employees for information about job opportunities in State Government; and [PL 1985, c. 785, Pt. B, §38 (NEW).] D. Requests of state employees for job reclassifications and reallocations. [PL 1985, c. 785, Pt. B, §38 (NEW).] The officer shall, at least once a year, meet with the commissioners and directors of other state agencies to discuss, individually, the personnel needs and problems of each state agency and proposed solutions that may be offered by the various agencies. The officer shall also discuss with each agency any future changes to the civil service system that the officer intends to propose; [RR 2023, c. 1, Pt. B, §11 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]

8. Establish and implement job performance evaluation process. Establish and implement an employee job performance evaluation process to be used by all agencies with employees in the classified service. The job performance evaluation procedure must be consistent in its use and application among all classified service employees; [PL 1999, c. 668, §10 (AMD).]

9. Respond to requests of applicants for information concerning their qualifications for positions in State Government. Respond to requests of applicants and provide information to the applicants with respect to their qualifications, including their test scores, strengths of the applicants, weaknesses of the applicants, areas in need of improvement and the means by which the applicants may improve qualifications; [PL 1985, c. 785, Pt. B, §38 (NEW).]

10. Undertake long-term and short-term planning. Undertake long-term and short-term planning with respect to the needs of the civil service system within the ensuing year and in the next 5 years. The officer shall focus on the types of positions, qualifications and requirements for these positions, technologies and types of procedures necessary to maintain an efficient, modern, comprehensive, conscientious and effective state employee labor force; [RR 2023, c. 1, Pt. B, §12 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]

11. Investigate complaints. Investigate complaints and problems relating to the administration and operation of the civil service system and inform the joint standing committee of the Legislature having jurisdiction over State Government of any legislation necessary to resolve the problems; [PL 1985, c. 785, Pt. B, §38 (NEW).]

12. Coordinate and use State Government services. Coordinate and use the services available to State Government to create an effective, motivated state employee labor force, including the services of the Bureau of Employment Services; the Welfare Employment, Education and Training, WEET, program of the Department of Health and Human Services; and any other services that are appropriate to the purpose of the Bureau of Human Resources; [PL 1995, c. 560, Pt. G, §4 (AMD); PL 1995, c. 560, Pt. G, §29 (AFF); PL 2003, c. 689, Pt. B, §6 (REV).]

13. Evaluate the operation of the civil service system. Evaluate the operation of the civil service system and report its findings to the joint standing committee of the Legislature having jurisdiction over State Government by October 15th of each year. This report shall include, at a minimum, the following: A. The turnover rate in the state employee labor force for the classified and the unclassified services for the previous fiscal year; [PL 1985, c. 785, Pt. B, §38 (NEW).] B. The turnover rate for each job classification for the previous fiscal year; [PL 1985, c. 785, Pt. B, §38 (NEW).] C. The total number and disposition of job reclassification requests, which shall also indicate the period of time for a final decision for each request; [PL 1985, c. 785, Pt. B, §38 (NEW).] D. The number of vacancies, occurring in the previous fiscal year, which required recruitment of personnel and the length of time required to fill each vacancy. The time period shall be measured from the time of notice of departure, transfer or promotion of the previous incumbent to the successor's assumption of the position; [PL 1985, c. 785, Pt. B, §38 (NEW).] E. The reason for the occurrence of each vacancy that occurred in the previous fiscal year to include job promotion, problems with management and any other causes for the vacancies; and [PL 1985, c. 785, Pt. B, §38 (NEW).] F. The training programs instituted by the bureau and the number of persons completing these programs in the previous fiscal year; [PL 1985, c. 785, Pt. B, §38 (NEW).] [PL 1985, c. 785, Pt. B, §38 (NEW).]

14. Employ staff and other assistance. Employ staff, who must be employed in the classified service in accordance with the Civil Service Law. Persons appointed to major policy-influencing positions are unclassified and serve at the pleasure of the officer. The classified and unclassified employees in the Bureau of Human Resources shall comply with section 7056‑A , defining the political activities in which the employees may engage. All managerial, policy-influencing and professional employees in the bureau must be qualified by education, training and experience in the administration of personnel systems; [RR 2023, c. 1, Pt. B, §13 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]

15. Prepare a budget. Prepare a budget for the administration and operation of the Bureau of Human Resources in accordance with the provisions of law that apply to departments of State Government; [PL 1985, c. 785, Pt. B, §38 (NEW).]

16. Meet with Policy Review Board. [PL 1999, c. 668, §11 (RP).]

17. Adopt rules. Adopt rules in accordance with the Maine Administrative Procedure Act, chapter 375 , with respect to: A. Provisional, emergency, exceptional and temporary appointments; [PL 1985, c. 785, Pt. B, §38 (NEW).] B. Leave of absence, resignation, hours of service, vacation and sick leave; [PL 1985, c. 785, Pt. B, §38 (NEW).] C. Personnel records; [PL 1985, c. 785, Pt. B, §38 (NEW).] D. Suspension, lay off, dismissal and demotion; [PL 1985, c. 785, Pt. B, §38 (NEW).] E. Promotion in the classified service; [PL 1985, c. 785, Pt. B, §38 (NEW).] F. Probationary periods; [PL 1985, c. 785, Pt. B, §38 (NEW).] G. Certification of payrolls; [PL 1985, c. 785, Pt. B, §38 (NEW).] H. Eligible registers; [PL 1985, c. 785, Pt. B, §38 (NEW).] I. Classification of positions in the classified service; [PL 1985, c. 785, Pt. B, §38 (NEW).] J. Compensation plan; [PL 1985, c. 785, Pt. B, §38 (NEW).] K. Examination for admission to the classified service; [PL 1985, c. 785, Pt. B, §38 (NEW).] L. Transfer; [PL 1985, c. 785, Pt. B, §38 (NEW).] M. In-service training; [PL 1985, c. 785, Pt. B, §38 (NEW).] N. Service ratings; and [PL 1985, c. 785, Pt. B, §38 (NEW).] O. Alternative work hours; [PL 1985, c. 785, Pt. B, §38 (NEW).] [PL 1985, c. 785, Pt. B, §38 (NEW).]

18. Records. [PL 1987, c. 402, Pt. B, §§6, 7 (RP).]

19. Hearings. In the course of any investigations under chapters 65 , 67 and 71 and this chapter, hold hearings for the purpose of gathering information. The hearings are not adjudicatory proceedings under the Maine Administrative Procedure Act, chapter 375 . In conjunction with the hearings, the officer may administer oaths and subpoena and require the attendance of witnesses and the production of books, papers, public records and other documentary evidence pertinent to the investigation. In case of the refusal of any person to comply with any subpoena issued under this subsection or to testify to any matter regarding which that person may be lawfully interrogated, the Superior Court in any county on application of the commissioner may issue an order requiring that person to comply with the subpoena and to testify; and any failure to obey the order of the court may be punished by the court as a contempt of the court; [RR 2023, c. 1, Pt. B, §14 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]

20. Contract and enter into agreements. Enter into contracts and agreements to achieve the purposes of this chapter; [PL 1985, c. 785, Pt. B, §38 (NEW).]

21. Enforcement. To enforce the observance of the Civil Service Law and the rules made under it; [PL 1985, c. 785, Pt. B, §38 (NEW).]

22. Records. Keep a full and complete record of adjudicatory proceedings, including hearings on matters of classification, reclassification or allocation, in accordance with the Maine Administrative Procedure Act, chapter 375 , sections 9059 and 9061 , and to keep a record of votes taken in rule-making proceedings in accordance with the Maine Administrative Procedure Act, section 8056 , and to keep full and complete minutes of investigatory hearings. These records and minutes must be open to public inspection unless otherwise provided by law; [PL 1991, c. 528, Pt. III, §17 (AMD); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. III, §17 (AMD).]

23. Organization and decentralization. Organize the bureau as the officer determines most efficient and to decentralize personnel management among the various departments and agencies of the State consistent with the requirements of section 7031 and determined in the best interest of efficient administration; [RR 2023, c. 1, Pt. B, §15 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]

24. Administer state employee health insurance program for state employees. Administer the Employee Health Insurance Program and the fund accounts established for this purpose by sections 286 , 286‑A and 1731 ; [PL 1991, c. 528, Pt. III, §18 (NEW); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. III, §18 (NEW).]

25. Administer proactive state employee health and safety program. Work with other bureaus and departments and state employees and their representatives to establish policies and programs that minimize the risk of injury to and incidence of illness among state employees, to include the administration of a first aid and health service in the State House complex for state employees and State House visitors; [PL 2007, c. 240, Pt. HH, §10 (AMD).]

26. Administer employee assistance program for state employees. Oversee and direct an employee assistance program for the purpose of assisting state employees to address and overcome personal difficulties that interfere with performance and productivity; [PL 2003, c. 230, §1 (AMD).]

27. Administer state employee workers' compensation program. Administer the program of workers' compensation for state employees in conjunction with the programs for health and wellness and health insurance; and [PL 2003, c. 230, §2 (AMD).]

28. Ensure establishment of policies regarding complaints against state employees. Ensure that each state agency establishes a policy that makes certain that complaints filed by the public against a state employee or group of state employees are addressed by that agency. Each agency policy must ensure that there are written instructions describing the most effective way for the public to file a complaint with the agency, a procedure for the agency to address complaints from the public and a provision that requires the agency to notify a complainant of the outcome of the complaint. This subsection does not authorize the release of confidential information that may not otherwise be released to the public. [PL 2003, c. 230, §3 (NEW).]
5 M.R.S. § 9060 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 9060
5 §9060. Subpoenas and discovery
Status: in_force

1. Proceedings. In any adjudicatory proceeding for which the agency, by independent statute, has authority to issue subpoenas, any party shall be entitled as of right to their issuance in the name of the agency to require the attendance and testimony of witnesses and the production of any evidence relating to any issue of fact in the proceeding. In any proceeding in which the conducting agency lacks independent authority to issue subpoenas, any party may request the issuance of a subpoena by the agency, and the agency is hereby authorized to issue the same if it first obtains the approval of the Attorney General or of any deputy attorney general. Such approval shall be given when the testimony or evidence sought is relevant to any issue of fact in the proceeding. When properly authorized, subpoenas may be issued by the agency or by any person designated by the agency for that purpose, in accordance with the following provisions: A. The agency may prescribe the form of subpoena, but it shall adhere, insofar as practicable, to the form used in civil cases before the courts. Witnesses shall be subpoenaed only within the territorial limits and in the same manner as witnesses in civil cases before the courts, unless another territory or manner is provided by law. Witnesses subpoenaed shall be paid the same fees for attendance and travel as in civil cases before the courts. Such fees shall be paid by the party requesting the subpoena. [PL 1977, c. 551, §3 (NEW).] B. Any subpoena issued shall show on its face the name and address of the party at whose request it was issued. [PL 1977, c. 551, §3 (NEW).] C. Any witness subpoenaed may petition the agency to vacate or modify a subpoena issued in its name. The agency shall give prompt notice to the party who requested issuance of the subpoena. After such investigation as the agency considers appropriate, it may grant the petition in whole or in part upon a finding that the testimony or the evidence whose production is required does not relate with reasonable directness to any matter in question, or that a subpoena for the attendance of a witness or the production of evidence is unreasonable or oppressive or has not been issued a reasonable period in advance of the time when the evidence is requested. [PL 1977, c. 551, §3 (NEW).] D. Failure to comply with a subpoena lawfully issued in the name of the agency and not revoked or modified by the agency as provided in this section shall be punishable as for contempt of court. [PL 1977, c. 694, §36 (AMD).] [PL 1977, c. 694, §36 (AMD).]

2. Adoption of rules. Each agency having power to conduct adjudicatory proceedings may adopt rules providing for discovery to the extent and in the manner appropriate to its proceeding. [PL 1977, c. 551, §3 (NEW).]
5 M.R.S. § 11006 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 11006
5 §11006. Power of court to correct or modify record
Status: in_force

1. Review. Judicial review shall be confined to the record upon which the agency decision was based, except as otherwise provided by this section. A. In the case of the failure or refusal of an agency to act or of alleged irregularities in procedure before the agency which are not adequately revealed in the record, evidence thereon may be taken and determination made by the reviewing court. [PL 1977, c. 551, §3 (NEW).] B. The reviewing court may order the taking of additional evidence before the agency if it finds that additional evidence, including evidence concerning alleged unconstitutional takings of property, is necessary to deciding the petition for review; or if application is made to the reviewing court for leave to present additional evidence, and it is shown that the additional evidence is material to the issues presented in the review, and could not have been presented or was erroneously disallowed in proceedings before the agency. After taking the additional evidence, the agency may modify its findings and decisions, and shall file with the court, to become part of the record for review, the additional evidence and any new findings or decision. [PL 1977, c. 551, §3 (NEW).] C. If a required hearing was not held before the review proceedings were initiated, the reviewing court shall remand to the agency for a hearing in accordance with subchapter IV . [PL 1977, c. 551, §3 (NEW).] D. In cases where an adjudicatory proceeding prior to final agency action was not required, and where effective judicial review is precluded by the absence of a reviewable administrative record, the court may either remand for such proceedings as are needed to prepare such a record or conduct a hearing de novo. [PL 1985, c. 680, §9 (RPR).] [PL 1985, c. 680, §9 (AMD).]

2. Corrections to record. The reviewing court may require or permit subsequent corrections to the record. [PL 1977, c. 551, §3 (NEW).]
5 M.R.S. § 18053-A — ME Code / Title 5 / Part 20 / Chapter 423 / Section 18053-A
5 §18053-A. Funds
Status: in_force

All assets in the group life insurance program may be combined for investment purposes. The assets attributable to employers of state employees, teachers, Legislators and judges who are participants in the group life insurance program may not be combined with the assets attributable to other group life insurance participants for benefit purposes. Premiums for retiree group life insurance coverage under section 18061, subsection 2 , and interest and dividends attributable to those premiums, may not be used to provide benefits for participants who are not retirees. [PL 2017, c. 88, §28 (NEW).]
5 M.R.S. § 114 — ME Code / Title 5 / Part 1 / Chapter 6-A / Section 114
5 §114. Duties of clerk or registered agent
Status: in_force

The only duties under this chapter of a clerk or registered agent that has complied with this chapter are: [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

1. Forward. To forward to the represented entity at the address most recently supplied to the agent by the entity any process, notice or demand that is served on the agent; [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

2. Notice. To provide the notices required by this chapter to the entity at the address most recently supplied to the agent by the entity; [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

3. Noncommercial clerk or noncommercial registered agent; current information. If the agent is a noncommercial clerk or noncommercial registered agent, to keep current the information required by section 105, subsection 1 in the most recent clerk or registered agent filing for the entity; and [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

4. Commercial clerk or commercial registered agent; current information. If the agent is a commercial clerk or commercial registered agent, to keep current the information listed for it under section 106, subsection 1 . [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
5 M.R.S. § 18805 — ME Code / Title 5 / Part 20 / Chapter 427 / Section 18805
5 §18805. Chief fiscal officer
Status: in_force

The chief fiscal officer of a participating local district, in order to assist in the administration of the retirement system shall: [PL 1989, c. 811, §3 (NEW).]

1. Information. Submit to the board whatever information the board prescribes about the employees of the participating local district relating to participation in the plan; and [PL 1989, c. 811, §3 (NEW).]

2. Duties. Cause to be performed whatever duties the board prescribes, with respect to the employees of the participating local district. [PL 1989, c. 811, §3 (NEW).]