10 M.R.S. § 8003 — ME Code / Title 10 / Part 9 / Chapter 901 / Section 8003
10 §8003. Departmental organization; duties
Status: in_force

1. Division of Administrative Services. There is created a Division of Administrative Services, which is a division within the department under the commissioner's office, to provide assistance to the commissioner and to the agencies within and affiliated with the department in civil service matters, budgeting and financial matters, purchasing, and clerical and support services, and to perform other duties the commissioner designates. The commissioner may employ a Director of Administrative Services and clerical and technical assistants necessary to discharge the duties of the division and shall outline their duties and fix their compensation, subject to the Civil Service Law. A. Within the Division of Administrative Services, there is a computer services section. It is the responsibility of the computer services section to provide technical assistance to the Office of Professional and Occupational Regulation to process and issue original and renewal licenses for the department and for bureaus, offices, boards and commissions within the department as the commissioner directs. The licenses may be processed and issued only upon authorization of the appropriate bureau, office, board or commission or upon the authorization of the commissioner in the case of licenses granted directly by the department. The computer services section shall maintain a central register containing the name and address of each person or firm licensed by profession, occupation or industry and such other information as the commissioner may direct for administration, information or planning purposes. The commissioner, with the advice of the respective bureaus, offices, boards and commissions, may determine the type and form of licenses issued by all agencies within the department. The computer services section shall perform such other administrative services for the agencies within the department as the commissioner directs. [PL 1995, c. 502, Pt. H, §10 (AMD); PL 2011, c. 286, Pt. B, §5 (REV).] [PL 1995, c. 502, Pt. H, §10 (AMD); PL 2011, c. 286, Pt. B, §5 (REV).]

2. Office of Licensing and Registration. [PL 1999, c. 687, Pt. C, §5 (RP).]

2-A. Office of Professional and Occupational Regulation. There is created an Office of Professional and Occupational Regulation, referred to in this subsection as the "office," composed of the boards, commissions and regulatory functions set forth in section 8001, subsection 38 . The commissioner may appoint a Director of the Office of Professional and Occupational Regulation and those clerical and technical assistants who are necessary to discharge the duties of the office and shall outline their duties and fix their compensation, subject to the Civil Service Law. Notwithstanding any other provision of law granting authority to a board or commission, the Director of the Office of Professional and Occupational Regulation has the following superseding powers, duties and functions: A. To administer the office and maximize and direct the use of personnel and financial resources to regulate professionals in the best interest of the public; [PL 1999, c. 687, Pt. C, §6 (NEW).] B. To prepare and administer, with the advice of the boards and commissions, budgets necessary to carry out the regulatory purposes of the boards and commissions. The Director of the Office of Professional and Occupational Regulation shall maintain one office budget that includes a separate account for each board or commission. The Director of the Office of Professional and Occupational Regulation has the authority to disapprove expenditures by boards and commissions that are not necessary to protect the public health and welfare or that would seriously jeopardize a board's or commission's fiscal well-being; [PL 1999, c. 687, Pt. C, §6 (NEW); PL 2011, c. 286, Pt. B, §5 (REV).] C. To provide all staffing necessary and appropriate to administer the office and carry out the statutory missions of the boards, commissions and regulatory functions. All clerks, technical support staff and supervisors must be assigned to the office and allocated by the director to perform functions on behalf of the various boards, commissions and regulatory functions according to need; [PL 1999, c. 687, Pt. C, §6 (NEW).] D. To establish by rule and after reasonable notice to the affected board all fees necessary and appropriate for all boards, commissions and regulatory functions within the office, subject to any fee cap established by statute and applicable to that board, commission or regulatory function. The Director of the Office of Professional and Occupational Regulation shall set the criteria for all fees. The criteria must include, but are not limited to, the costs, statutory requirements, enforcement requirements and fees and expenses of each board, commission or regulatory function. Rules adopted pursuant to this paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter II‑A ; [PL 2001, c. 323, §9 (AMD); PL 2011, c. 286, Pt. B, §5 (REV).] E. To establish by rule, such processes and procedures necessary to administer the various boards, commissions and regulatory functions of the office, including, but not limited to, a uniform complaint procedure, a uniform procedure regarding protested checks, a uniform policy regarding the treatment of late renewals and a uniform procedure for substantiating continuing education requirements. Rules adopted pursuant to this paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter II‑A ; [PL 1999, c. 687, Pt. C, §6 (NEW).] F. To keep records of public meetings, proceedings and actions and to make those records available to the public at cost upon request, unless otherwise prohibited by state or federal law; [PL 1999, c. 687, Pt. C, §6 (NEW).] G. To enter into contracts to ensure the provision of goods and services necessary to perform regulatory functions and to fulfill statutory responsibilities. This authority includes the ability to employ and engage experts, professionals or other personnel of other state or federal regulatory agencies as necessary to assist the office in carrying out its regulatory functions and to contract office staff to other state and federal regulatory agencies to assist those agencies in carrying out their regulatory functions; [PL 1999, c. 687, Pt. C, §6 (NEW).] H. To perform licensing functions for other state agencies on a fee-for-service basis; [PL 1999, c. 687, Pt. C, §6 (NEW).] I. To enter into cooperative agreements with other state, federal or foreign regulatory agencies to facilitate the regulatory functions of the office, including, but not limited to, information sharing, coordination of examinations or inspections and joint examinations or inspections. Any information furnished pursuant to this paragraph by or to the office that has been designated confidential by the agency furnishing the information remains confidential and the property of the agency furnishing the information and may not be disclosed by the recipient of the information unless disclosure has been authorized by the agency that furnished the information; [PL 1999, c. 687, Pt. C, §6 (NEW).] J. To direct staff to review and approve applications for licensure or renewal in accordance with criteria established in statute or in rules adopted by a board or commission. Licensing decisions made by staff may be appealed to the full board or commission; [PL 1999, c. 687, Pt. C, §6 (NEW).] K. To prepare and submit to the commissioner an annual report of the office's operations, activities and goals; [PL 2017, c. 173, §1 (AMD).] L. To study jurisdictional overlap between the department's boards and commissions and other state agencies for purposes of streamlining and consolidating related legal authorities and administrative processes; [PL 2017, c. 173, §1 (AMD).] M. To exercise discretionary authority, after consultation with the appropriate licensing board, commission or personnel administering a regulatory function of the office, to review and determine on a case-by-case basis examination and licensing eligibility for applications for licensure submitted by individuals who identify themselves as veterans with military service, experience and training; [PL 2021, c. 167, §1 (AMD).] N. To exercise discretionary authority, after consultation with the appropriate licensing board, commission or personnel administering a regulatory function of the office, to waive examination fees and license fees for applicants for licensure who identify themselves as veterans with military service, experience and training; [PL 2021, c. 167, §2 (AMD).] O. To exercise discretionary authority, after consultation with the appropriate licensing board, commission or personnel administering a regulatory function of the office, to waive, on a case-by-case basis in situations of extreme and demonstrated hardship, documentation requirements for licensure submitted by applicants for licensure educated in or with relevant experience or licensure in other jurisdictions, including other states, United States territories, foreign nations and foreign administrative divisions, as long as the waiver does not reduce the requisite standards of proficiency for the licensed profession or occupation. The Director of the Office of Professional and Occupational Regulation may adopt rules to implement this paragraph. Rules adopted pursuant to this paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A ; [PL 2021, c. 642, §1 (AMD).] P. To exercise discretionary authority, after consultation with the appropriate licensing board, commission or personnel administering a regulatory function of the office, to waive, on a case-by-case basis in situations of extreme and demonstrated hardship, examination fees and license fees set pursuant to paragraph D for applicants for licensure educated in or with relevant experience or licensure in other jurisdictions, including other states, United States territories, foreign nations and foreign administrative divisions. The Director of the Office of Professional and Occupational Regulation may adopt rules to implement this paragraph. Rules adopted pursuant to this paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A ; [PL 2021, c. 642, §2 (AMD).] Q. To adopt rules defining, as appropriate for licensing purposes, the term "jurisdiction" to mean a state, a United States territory, a foreign nation or a foreign administrative division that issues a license or credential. Rules adopted pursuant to this paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A ; and [PL 2021, c. 167, §5 (NEW).] R. To accept funds from the Federal Government, from any political subdivision of the State or from any individual, foundation or corporation and to expend those funds for purposes consistent with this section. The Director of the Office of Professional and Occupational Regulation may also provide grants to nongovernmental entities for purposes consistent with this section. [PL 2021, c. 167, §6 (NEW).] [PL 2021, c. 642, §§1, 2 (AMD).]

3. License defined. For purposes of this section, the term "license" means a license, certification, registration, permit, approval or other similar document evidencing admission to or granting authority to engage in a profession, occupation, business or industry but does not mean a registration, permit, approval or similar document evidencing the granting of authority to engage in the business of banking pursuant to Title 9‑B . [PL 1991, c. 509, §1 (AMD).]

4. Licensing periods; renewal dates. The commissioner may establish expiration or renewal dates and establish whether licenses are issued annually or biennially for all licenses authorized to be issued by bureaus, offices, boards and commissions within the department, notwithstanding any other provisions of law. If an expiration or renewal date established by the commissioner has the effect of shortening the term of a license currently in effect, the bureau, office, board or commission, or the department in the case of a license that it issues directly, shall credit the fee paid, on a prorated basis, for the unexpired term of the current license toward the renewal fee of the renewal license. If a license is not renewed on the new expiration or renewal date established by the commissioner, the license remains in effect through its original term, unless suspended or revoked sooner under laws or regulations of the respective bureau, office, board or commission. Should a licensee seek to renew the license at the end of the original term, the law or regulations established by the respective bureau, office, board or commission for late renewals or reregistrations apply. For the purpose of implementing and administering biennial licensing, the commissioner may permit bureaus, offices, boards and commissions within the department to issue licenses and establish renewal fees for less than a 2-year term. This section may not change the term or fee for one-time licenses, except as specifically stated. [PL 1999, c. 386, Pt. B, §3 (AMD).]

4-A. Disclosure and recording of social security numbers. An individual who applies for a license shall provide that individual's social security number on the application, which must be recorded. [PL 1997, c. 537, §3 (NEW); PL 1997, c. 537, §62 (AFF).]

5. Authority of bureaus, offices, boards or commissions. In addition to authority otherwise conferred, unless expressly precluded by language of denial in its own governing law, each bureau, office, licensing board and commission within or affiliated with the department may take one or more of the following actions, except that this subsection does not apply to the Bureau of Financial Institutions or the Office of Professional and Occupational Regulation, including the licensing boards and commissions and regulatory functions within the Office of Professional and Occupational Regulation. A. [PL 1989, c. 450, §6 (RP).] A-1. For each violation of applicable laws, rules or conditions of licensure or registration, the bureau, office, board or commission may take one or more of the following actions: (1) Issue warnings, censures or reprimands to a licensee or registrant. Each warning, censure and reprimand issued must be based upon violations of different applicable laws, rules or conditions of licensure or must be based upon separate instances of actionable conduct or activity; (2) Suspend a license or registration for up to 90 days for each violation of applicable laws, rules and conditions of licensure or registration or for instance of actionable conduct or activity. Suspensions may be set to run concurrently or consecutively. Execution of all or any portion of a term of suspension may be stayed pending successful completion of conditions of probation, although the suspension remains part of the licensee's or registrant's record; (2-A) Revoke a license or registration; (3) Impose civil penalties of up to $1,500 for each violation of applicable laws, rules and conditions of licensure or registration or for instances of actionable conduct or activity; and (4) Impose conditions of probation upon an applicant, licensee or registrant. Probation may run for such time period as the bureau, office, board or commission determines appropriate. Probation may include conditions such as: additional continuing education; medical, psychiatric or mental health consultations or evaluations; mandatory professional or occupational supervision of the applicant, licensee or registrant; and other conditions as the bureau, office, board or commission determines appropriate. Costs incurred in the performance of terms of probation are borne by the applicant, licensee or registrant. Failure to comply with the conditions of probation is a ground for disciplinary action against a licensee or registrant. [PL 2001, c. 167, §1 (AMD).] B. The bureau, office, board or commission may execute a consent agreement that resolves a complaint or investigation without further proceedings. Consent agreements may be entered into only with the consent of: the applicant, licensee or registrant; the bureau, office, board or commission; and the Department of the Attorney General. Any remedy, penalty or fine that is otherwise available by law, even if only in the jurisdiction of the Superior Court, may be achieved by consent agreement, including long-term suspension and permanent revocation of a professional or occupational license or registration. A consent agreement is not subject to review or appeal, and may be modified only by a writing executed by all parties to the original consent agreement. A consent agreement is enforceable by an action in Superior Court. [PL 2001, c. 167, §1 (AMD).] C. The bureau, office, board or commission may: (1) Require all applicants for license or registration renewal to have responded under oath to all inquiries set forth on renewal forms; (2) Except as provided in Title 37‑B, section 390‑A , require applicants for license or registration renewal to present proof of satisfactory completion of continuing professional or occupational education in accordance with each bureau's, office's, board's or commission's rules. Failure to comply with the continuing education rules may, in the bureau's, office's, board's or commission's discretion, result in a decision to deny license or registration renewal or may result in a decision to enter into a consent agreement and probation setting forth terms and conditions to correct the licensee's or registrant's failure to complete continuing education. Terms and conditions of a consent agreement may include requiring completion of increased hours of continuing education, civil penalties, suspension and other terms as the bureau, office, board, commission, the licensee or registrant and the Department of the Attorney General determine appropriate. Notwithstanding any contrary provision set forth in a bureau's, office's, board's or commission's governing law, continuing education requirements may coincide with the license or registration renewal period; (3) Refuse to renew a license or registration or deny a license when the bureau, office, board or commission finds a licensee or registrant to be in noncompliance with a bureau, office, board or commission order or consent agreement; (4) Allow licensees or registrants to hold inactive status licenses or registrations in accordance with each bureau's, office's, board's or commission's rules. The fee for an inactive license or registration may not exceed the statutory fee cap established for the bureau's, office's, board's or commission's license or registration renewal set forth in its governing law; or (5) Delegate to staff the authority to review and approve applications for licensure pursuant to procedures and criteria established by rule. Rules developed pursuant to this subparagraph are routine technical rules as described in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 111, §1 (AMD).] D. The bureau, office, board or commission may require surrender of licenses and registrations. In order for a licensee's or registrant's surrender of a license or registration to be effective, a surrender must first be accepted by vote of the bureau, office, board or commission. Bureaus, offices, boards and commissions may refuse to accept surrender of licenses and registrations if the licensee or registrant is under investigation or is the subject of a pending complaint or proceeding, unless a consent agreement is first entered into pursuant to this chapter. [PL 1995, c. 502, Pt. H, §10 (AMD).] E. The bureau, office, board or commission may issue letters of guidance or concern to a licensee or registrant. Letters of guidance or concern may be used to educate, reinforce knowledge regarding legal or professional obligations and express concern over action or inaction by the licensee or registrant that does not rise to the level of misconduct sufficient to merit disciplinary action. The issuance of a letter of guidance or concern is not a formal proceeding and does not constitute an adverse disciplinary action of any form. Notwithstanding any other provision of law, letters of guidance or concern are not confidential. The bureau, office, board or commission may place letters of guidance or concern, together with any underlying complaint, report and investigation materials, in a licensee's or registrant's file for a specified amount of time, not to exceed 10 years. Any letters, complaints and materials placed on file may be accessed and considered by the bureau, office, board or commission in any subsequent action commenced against the licensee or registrant within the specified time frame. Complaints, reports and investigation materials placed on file are only confidential to the extent that confidentiality is required pursuant to Title 24, chapter 21 , the Maine Health Security Act. [PL 1999, c. 386, Pt. B, §5 (AMD).] F. A bureau, office, board or commission may establish, by rule, procedures for licensees in another state to be licensed in this State by written agreement with another state, by entering into written licensing compacts with other states or by any other method of license recognition considered appropriate that ensures the health, safety and welfare of the public. Rules adopted pursuant to this paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 402, Pt. C, §2 (AMD).] G. Notwithstanding any other provision of law, any bureau, office, board or commission within or affiliated with the department may issue a temporary license for a period of 6 months and waive all licensing requirements, except for fees, to any applicant upon a showing of current, valid licensure in that profession in another state. [PL 2005, c. 474, §1 (NEW).] The jurisdiction to suspend and revoke occupational and professional licenses conferred by this subsection is concurrent with that of the District Court. Civil penalties must be paid to the Treasurer of State. Any nonconsensual disciplinary action taken under authority of this subsection may be imposed only after a hearing conforming to the requirements of Title 5, chapter 375, subchapter 4 , and, except for revocation actions, is subject to judicial review exclusively in the Superior Court in accordance with Title 5, chapter 375, subchapter 7 . Any nonconsensual revocation of an occupational or professional license taken under authority of this subsection is subject to, upon appeal within the time frames provided in Title 5, section 11002, subsection 3 , de novo judicial review exclusively in District Court. Rules adopted to govern judicial appeals from agency action apply to cases brought under this section. [PL 2007, c. 402, Pt. C, §2 (AMD); PL 2011, c. 286, Pt. B, §5 (REV).]

5-A. Authority of Office of Professional and Occupational Regulation. In addition to authority otherwise conferred, unless expressly precluded by language of denial in its own governing law, the Office of Professional and Occupational Regulation, referred to in this subsection as "the office," including the licensing boards and commissions and regulatory functions within the office, have the following authority. A. The office, board or commission may deny or refuse to renew a license, may suspend or revoke a license and may impose other discipline as authorized in this subsection for any of the following reasons: (1) The practice of fraud, deceit or misrepresentation in obtaining a license from a bureau, office, board or commission, or in connection with services rendered while engaged in the occupation or profession for which the person is licensed; (2) Any gross negligence, incompetence, misconduct or violation of an applicable code of ethics or standard of practice while engaged in the occupation or profession for which the person is licensed; (3) Conviction of a crime to the extent permitted by Title 5, chapter 341 ; (4) Any violation of the governing law of an office, board or commission; (5) Any violation of the rules of an office, board or commission; (6) Engaging in any activity requiring a license under the governing law of an office, board or commission that is beyond the scope of acts authorized by the license held; (7) Continuing to act in a capacity requiring a license under the governing law of an office, board or commission after expiration, suspension or revocation of that license; (8) Aiding or abetting unlicensed practice by a person who is not licensed as required by the governing law of an office, board or commission; (9) Noncompliance with an order or consent agreement of an office, board or commission; (10) Failure to produce any requested documents in the licensee’s possession or under the licensee’s control concerning a pending complaint or proceeding or any matter under investigation; (11) Any violation of a requirement imposed pursuant to section 8003‑G ; or (12) Failure of an individual subject to Title 22, section 1711 or Title 22, section 1711‑B to provide to a patient, upon written request, a copy of that patient's treatment records in accordance with the requirements of Title 22, section 1711 or Title 22, section 1711‑B , whichever is applicable. [PL 2019, c. 503, Pt. A, §1 (AMD).] B. The office, board or commission may impose the following forms of discipline upon a licensee or applicant for licensure: (1) Denial or refusal to renew a license, or issuance of a license in conjunction with the imposition of other discipline; (2) Issuance of warning, censure or reprimand. Each warning, censure or reprimand issued must be based upon violation of a single applicable law, rules or condition of licensure or must be based upon a single instance of actionable conduct or activity; (3) Suspension of a license for up to 90 days for each violation of applicable laws, rules or conditions of licensure or for each instance of actionable conduct or activity. Suspensions may be set to run concurrently or consecutively. Execution of all or any portion of a term of suspension may be stayed pending successful completion of conditions of probation, although the suspension remains part of the licensee's record; (4) Revocation of a license; (5) Imposition of civil penalties of up to $1,500, or such greater amount as may be authorized by statute, for each violation of applicable laws, rules or conditions of licensure or for each instance of actionable conduct or activity; or (6) Imposition of conditions of probation upon an applicant or licensee. Probation may run for such time period as the office, board or commission determines appropriate. Probation may include conditions such as: additional continuing education; medical, psychiatric or mental health consultations or evaluations; mandatory professional or occupational supervision of the applicant or licensee; practice restrictions; and other conditions as the office, board or commission determines appropriate. Costs incurred in the performance of terms of probation are borne by the applicant or licensee. Failure to comply with the conditions of probation is a ground for disciplinary action against a licensee. [PL 2009, c. 112, Pt. B, §4 (AMD).] C. The office, board or commission may execute a consent agreement that resolves a complaint or investigation without further proceedings. Consent agreements may be entered into only with the consent of the applicant or licensee; the office, board or commission; and the Department of the Attorney General. Any remedy, penalty or fine that is otherwise available by law, even if only in the jurisdiction of the Superior Court, may be achieved by consent agreement, including long-term suspension and permanent revocation of a professional or occupational license. A consent agreement is not subject to review or appeal and may be modified only by a writing executed by all parties to the original consent agreement. A consent agreement is enforceable by an action in Superior Court. [PL 2007, c. 402, Pt. C, §3 (NEW).] D. The office, board or commission may: (3) Except as provided in Title 37‑B, section 390‑A , adopt rules requiring continuing professional or occupational education and require applicants for license renewal to present proof of satisfactory completion of continuing professional or occupational education in accordance with such rules. Failure to comply with the continuing education rules is punishable by nonrenewal of the license and other discipline authorized by this subsection. Notwithstanding any contrary provision set forth in the governing law of an office, board or commission, continuing education requirements may coincide with the license renewal period. Rules adopted pursuant to this subparagraph are routine technical rules as described in Title 5, chapter 375, subchapter 2‑A ; (4) Issue continuing education deferments in cases of undue hardship; (5) Grant inactive status licenses to licensees in accordance with rules that may be adopted by each office, board or commission. The fee for an inactive status license may not exceed the statutory fee cap for license renewal set forth in the governing law of the office, board or commission. Licensees in inactive status are required to pay license renewal fees for renewal of an inactive status license and may be required to pay a reinstatement fee as set by the Director of the Office of Professional and Occupational Regulation if the license is reactivated on a date other than the ordinary renewal date of the license. Any rules of an office, board or commission regulating inactive status licensure must describe the obligations of an inactive status licensee with respect to any ongoing continuing education requirement in effect for licensees of the office, board or commission and must set forth any requirements for reinstatement to active status, which requirements may include continuing education. Rules adopted pursuant to this subparagraph are routine technical rules as described in Title 5, chapter 375, subchapter 2‑A ; (6) Delegate to staff the authority to review and approve applications for licensure pursuant to procedures and criteria established by rule. Rules adopted pursuant to this subparagraph are routine technical rules as described in Title 5, chapter 375, subchapter 2‑A ; (6-A) Delegate to staff the authority to determine if a pending complaint describes a violation of law or rule that is not within the authority of the office, board or commission to enforce; and (7) Exercise discretionary authority to grant provisional licenses to applicants for licensure educated in or with relevant experience or licensure in other jurisdictions, including other states, United States territories, foreign nations and foreign administrative divisions. For purposes of this subparagraph, "provisional license" means a license issued for a defined period of time and with the requirement that the licensee meet certain established conditions in order to maintain the provisional license or to gain full licensure. The office, board or commission may adopt rules to implement this subparagraph. Rules adopted pursuant to this subparagraph are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 304, §§1, 2 (AMD).] E. The office, board or commission may require surrender of licenses. In order for a licensee's surrender of a license to be effective, a surrender must first be accepted by vote of the office, board or commission. The office, board or commission may refuse to accept surrender of a license if the licensee is under investigation or is the subject of a pending complaint or proceeding, unless a consent agreement is first entered into pursuant to this subsection. The consent agreement may include terms and conditions for reinstatement. [PL 2007, c. 402, Pt. C, §3 (NEW).] F. The office, board or commission may issue a letter of guidance or concern to a licensee as part of the dismissal of a complaint against the licensee. A letter of guidance or concern may be used to educate, reinforce knowledge regarding legal or professional obligations or express concern over action or inaction by the licensee that does not rise to the level of misconduct sufficient to merit disciplinary action. The issuance of a letter of guidance or concern is not a formal proceeding and does not constitute an adverse disciplinary action of any form. Notwithstanding any other provision of law, letters of guidance or concern are not confidential. The office, board or commission may place letters of guidance or concern, together with any underlying complaint, report and investigation materials, in a licensee's file for a specified period of time, not to exceed 10 years. Any letters, complaints and materials placed on file may be accessed and considered by the office, board or commission in any subsequent action commenced against the licensee within the specified time frame. Complaints, reports and investigation materials placed on file are confidential only to the extent that confidentiality is required pursuant to Title 24, chapter 21 . [PL 2013, c. 217, Pt. A, §1 (AMD).] G. The office, board or commission may establish, by rule, procedures for licensees in another state to be licensed in this State by written agreement with another state, by entering into written licensing compacts with other states or by any other method of license recognition considered appropriate that ensures the health, safety and welfare of the public. Rules adopted pursuant to this paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 402, Pt. C, §3 (NEW).] The jurisdiction to impose discipline against occupational and professional licenses conferred by this subsection is concurrent with that of the District Court. Civil penalties must be paid to the Treasurer of State. Any nonconsensual disciplinary action taken under authority of this subsection other than denial or nonrenewal of a license may be imposed only after a hearing conforming to the requirements of Title 5, chapter 375, subchapter 4 and is subject to judicial review exclusively in the Superior Court in accordance with Title 5, chapter 375, subchapter 7 . The office, board or commission shall hold a hearing conforming to the requirements of Title 5, chapter 375, subchapter 4 at the written request of any person who is denied an initial or renewal license without a hearing for any reason other than failure to pay a fee, provided that the request for hearing is received by the office, board or commission within 30 days of the applicant's receipt of written notice of the denial of the application, the reasons for the denial and the applicant's right to request a hearing. The office, board or commission may subpoena witnesses, records and documents in any adjudicatory hearing it conducts. Rules adopted to govern judicial appeals from agency action apply to cases brought under this subsection. In the event of appeal to Superior Court from any form of discipline imposed pursuant to this subsection, including denial or nonrenewal of a license, the office, board or commission may assess the licensed person or entity for the costs of transcribing and reproducing the administrative record. [PL 2025, c. 304, §§1, 2 (AMD).]

6. Funding. The commissioner may assess each internal bureau, office, board or commission served by the commissioner's office, the Division of Administrative Services or the Office of Professional and Occupational Regulation its reasonable share of an amount sufficient to cover the cost of operating those service agencies. The commissioner may assess any board affiliated with the department for the services the board receives from the department. The commissioner may assess other state agencies for licensing functions performed on behalf of those agencies by the Office of Professional and Occupational Regulation. [PL 1999, c. 687, Pt. C, §8 (AMD); PL 2011, c. 286, Pt. B, §5 (REV).]

7. Evidentiary effect of certificate. Notwithstanding any provision of law or rule of evidence, the certificate of the commissioner under the seal of the State must be received by any court in this State as prima facie evidence of the issuance, suspension or revocation of any license issued by the department. [PL 1991, c. 509, §3 (NEW).]

8. Display of license. [PL 2009, c. 112, Pt. A, §2 (RP).]

9. Construction. [PL 1999, c. 687, Pt. C, §9 (RP).]

10. National disciplinary record system. Within the limits of available revenues, all bureaus, offices, boards or commissions internal or affiliated with the department shall join or subscribe to a national disciplinary record system used to track interstate movement of regulated professionals who have been the subject of discipline by state boards, commissions or agencies and report disciplinary actions taken within this State to that system. [PL 1995, c. 502, Pt. H, §10 (AMD).]
10 M.R.S. § 2654 — ME Code / Title 10 / Part 6 / Chapter 501 / Section 2654
10 §2654. Calibration of testing equipment; certificate
Status: in_force

A dealer or repairer shall submit the dealer's or repairer's testing equipment at least once a year to the office of the state sealer for comparison and calibration with the standard maintained by the state sealer. After comparison and calibration, the state sealer shall issue to such dealer or repairer a certificate of the state sealer's findings. [RR 2023, c. 2, Pt. C, §62 (COR).]
10 M.R.S. § 1182-A — ME Code / Title 10 / Part 3 / Chapter 204 / Section 1182-A
10 §1182-A. Exemption for installation on previously assembled truck chassis
Status: in_force

This chapter does not apply to a person, partnership, firm, association, corporation or trust, resident or nonresident, that manufactures, assembles, distributes, sells, leases, solicits or advertises the sale or lease of a motor vehicle that consists of the installation on a previously assembled truck chassis in excess of 25,000 pounds gross vehicle weight rating, as defined by Title 29‑A, section 101, subsection 26‑B , special bodies or equipment that, when installed, form an integral part of the motor vehicle and constitute a major manufacturing alteration. This exemption applies only to entities that do not franchise in the State. [PL 2003, c. 166, §1 (AMD).]
10 M.R.S. § 9001 — ME Code / Title 10 / Part 11 / Chapter 951 / Section 9001
10 §9001. Declaration of purpose
Status: in_force

1. Declaration. It is found and declared that: A. The production and utilization of manufactured housing and the use of new and improving technologies, techniques, methods and materials have and will increase the available supply of housing at prices that residents of this State can afford; [PL 1993, c. 642, §8 (AMD).] B. It is in the interest of the people of this State that that housing be safe from hazardous defects and that its construction and installation include adequate regulation to establish minimum safety standards that can reduce defects, provide uniformity of standards to reduce costs and provide confidence in that housing; [PL 1993, c. 642, §8 (AMD).] C. The production and use of manufactured housing utilizing production technologies, techniques, methods and materials require the application and enforcement of uniform building codes and installation standards within this State; [PL 2005, c. 678, §1 (AMD); PL 2005, c. 678, §13 (AFF).] D. Manufactured housing may present hazards to the health, life and safety of persons and to the safety of property unless properly manufactured because vital parts, including but not limited to heating, plumbing, electrical and structural systems, are concealed and defects may not be readily ascertainable when inspected by a purchaser. Accordingly, it is the policy and purpose of this State to provide protection to the public against those possible hazards; and [PL 2017, c. 210, Pt. B, §1 (AMD).] E. As a valued and important component of the housing industry in this State, manufactured housing is recognized as residential property, whether it is real property or personal property, notwithstanding the requirements of Title 29-A , and manufactured housing for which no certificate of title has been issued is considered real property when it has been permanently affixed to real property that is owned by the owner of the manufactured housing. [PL 2013, c. 125, §1 (AMD).] [PL 2017, c. 210, Pt. B, §1 (AMD).]

2. Intent. It is therefore declared that the State, with the passage of this chapter, intends: A. To provide protection to the public against hazards from poorly constructed or installed manufactured housing; [PL 1977, c. 550, §1 (NEW).] B. To provide and enforce, with respect to its licensees and political subdivisions, uniform performance standards for construction and installation of manufactured housing that ensure durability and safety of manufactured housing; [PL 1999, c. 725, §1 (AMD).] C. To eliminate all costly, duplicative regulations and to adopt rules that provide for the performance necessary to provide decent, safe and sanitary housing at prices that people of this State can afford and to establish regulations that govern those matters within this State; [PL 1993, c. 642, §8 (AMD).] D. To establish an administrative board for the purpose of administering and enforcing this chapter and applicable warranties; [PL 1993, c. 642, §8 (AMD).] E. To require this board to assume responsibilities as consistent with this chapter, including the enforcement of the provisions of this chapter, the administration and enforcement of rules, investigations of complaints and any other acts that are consistent with the purposes of this chapter; [PL 1999, c. 725, §1 (AMD).] F. To have this board, in the administration of this chapter, give consideration to economic factors that may result in additional costs to home buyers and eliminate any unnecessary costs that may occur from the enforcement of this chapter or any other Act; and [PL 1993, c. 642, §8 (AMD).] G. To grant to this board the investigative and regulatory powers it may reasonably require to accomplish the foregoing purposes and intent and to carry out the provisions of this chapter, including making decisions, in accordance with the Maine Administrative Procedure Act. [PL 1993, c. 642, §8 (AMD).] [PL 1999, c. 725, §1 (AMD).]
10 M.R.S. § 9093-A — ME Code / Title 10 / Part 11 / Chapter 953 / Section 9093-A
10 §9093-A. Fees charged to applicants for lease of mobile home or mobile home park lot
Status: in_force

1. Fees prohibited generally. Except as provided in subsection 2 , a mobile home park owner or operator may not require an applicant to pay a fee to submit an application to enter into an agreement for rental of a mobile home or mobile home park lot or require an applicant to pay a fee for the mobile home park owner or operator to review or approve an application to enter into an agreement for rental of a mobile home or mobile home park lot. [PL 2023, c. 594, §2 (NEW); PL 2023, c. 594, §13 (AFF).]

2. Exceptions. A mobile home park owner or operator, in connection with an application to enter into an agreement for rental of a mobile home or mobile home park lot, may require an applicant to pay only one of the following: A. The actual cost of a background check; [PL 2023, c. 594, §2 (NEW); PL 2023, c. 594, §13 (AFF).] B. The actual cost of a credit check; or [PL 2023, c. 594, §2 (NEW); PL 2023, c. 594, §13 (AFF).] C. The actual cost of a screening process other than those specified in paragraphs A and B. [PL 2023, c. 594, §2 (NEW); PL 2023, c. 594, §13 (AFF).] A mobile home park owner or operator shall provide an applicant with a complete copy of the information obtained pursuant to a background check, credit check or other screening process. A mobile home park owner or operator may not charge an applicant any fee under this subsection unless the mobile home park owner or operator has notified the applicant that the mobile home park owner or operator is required by law to provide the applicant a complete copy of the information obtained pursuant to the background check, credit check or other screening process. A mobile home park owner or operator may not charge an applicant more than one fee for a background check, credit check or other screening process in any 12-month period. [PL 2023, c. 594, §2 (NEW); PL 2023, c. 594, §13 (AFF).]
10 M.R.S. § 1023-G — ME Code / Title 10 / Part 2 / Chapter 110 / Section 1023-G
10 §1023-G. Waste Reduction and Recycling Loan Fund
Status: reserved

1. Creation. The Waste Reduction and Recycling Loan Fund, referred to in this section as the "fund," is created under the jurisdiction and control of the authority. [PL 1989, c. 878, Pt. A, §26 (NEW).]

2. Sources of money. The fund shall consist of the following: A. All money appropriated or allocated for inclusion in the fund; [PL 1989, c. 878, Pt. A, §26 (NEW).] B. Subject to any pledge, contract or other obligation, all interest, dividends or other pecuniary gains from investment of money from the fund; [PL 1989, c. 878, Pt. A, §26 (NEW).] C. Subject to any pledge, contract or other obligations, any money that the authority receives in repayment of advances from the fund; and [PL 1989, c. 878, Pt. A, §26 (NEW).] D. Any other money available to the authority and directed by the authority to be paid into the fund. [PL 1989, c. 878, Pt. A, §26 (NEW).] [PL 1989, c. 878, Pt. A, §26 (NEW).]

3. Application of fund. Money in the fund may be used for direct loans to finance all or part of any project when the authority determines that: A. The project is: (1) Designed to substantially reduce or eliminate the production in a trade or business of solid waste or hazardous waste as defined in Title 38, section 1303‑C ; (2) A project devoted to resource recovery, as defined in Title 38, section 1303‑C , except that the combustion of solid or hazardous waste shall not be considered resource recovery for the purposes of this section; or (3) A project devoted to the reuse of post-consumer materials; [PL 1989, c. 878, Pt. A, §26 (NEW).] B. There is a reasonable likelihood that the applicant will be able to repay the loan; [PL 1989, c. 878, Pt. A, §26 (NEW).] C. The amount and terms of the loan are reasonable to provide an incentive to the applicant to undertake the project, which may include a below-market interest rate, and the project will not result in a net increase in solid or hazardous waste to be disposed of within the State; and [PL 1989, c. 878, Pt. A, §26 (NEW).] D. The project will contribute to achieving the goals identified in the state waste management and recycling plan adopted under Title 38, chapter 24 and is determined by the Department of Environmental Protection to be consistent with that plan. Prior to adopting the state waste management and recycling plan, the fund may be used for projects that help achieve the goals identified in the state recycling plan approved under former Title 38, section 1310‑M. [PL 2011, c. 655, Pt. GG, §4 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).] The authority, pursuant to Title 5, chapter 375, subchapter II , shall adopt rules for determining eligibility, feasibility, terms, conditions and security for the loans. Money in the fund not needed currently to meet the obligations of the authority as provided in this section may be invested in such a manner as permitted by law. [PL 2011, c. 655, Pt. GG, §4 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

4. Accounts within fund. The authority may divide the fund into separate accounts as it determines necessary or convenient for carrying out this section, including, but not limited to, accounts reserved for direct loan funds. [PL 1989, c. 878, Pt. A, §26 (NEW).]

5. Revolving fund. The fund shall be a nonlapsing, revolving fund. All money in the fund shall be continuously applied by the authority to carry out this section. [PL 1989, c. 878, Pt. A, §26 (NEW).]
10 M.R.S. § 1372 — ME Code / Title 10 / Part 3 / Chapter 212 / Section 1372
10 §1372. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 62 (NEW).]

1. Default. "Default" means the failure to perform on time any obligation or duty set forth in the rental agreement. [PL 1989, c. 62 (NEW).]

1-A. Abandoned leased space. "Abandoned leased space" means a leased space that: A. The operator finds unlocked and empty; [PL 2025, c. 164, §1 (NEW).] B. The operator finds unlocked and containing personal property with a value less than $750; [PL 2025, c. 164, §1 (NEW).] C. The possession of and all rights to which and any personal property within which have been surrendered to the operator by the occupant; or [PL 2025, c. 164, §1 (NEW).] D. Contains personal property more than 15 days after the termination or nonrenewal of the rental agreement subsequent to written notice of termination or nonrenewal of the rental agreement. [PL 2025, c. 164, §1 (NEW).] [PL 2025, c. 164, §1 (RPR).]

1-B. Electronic mail. "Electronic mail" means electronic mail sent or delivered by transmission over the Internet. [PL 2011, c. 376, §2 (NEW).]

2. Last known address. "Last known address" means that address provided by the occupant in the rental agreement or the address provided by the occupant in a subsequent written notice of a change of address. [PL 1989, c. 62 (NEW).]

2-A. Late fee. "Late fee" means any fee or charge assessed for an occupant's failure to pay rent when due. "Late fee" does not include interest on a debt, reasonable expenses incurred in the collection of unpaid rent or costs associated with the enforcement of any other remedy provided by statute or contract. [PL 2003, c. 274, §1 (NEW).]

3. Leased space. "Leased space" means the individual storage space at the self-service facility which is rented to an occupant under a rental agreement. [PL 1989, c. 62 (NEW).]

4. Occupant. "Occupant" means a person, a sublessee, successor or assignee, entitled to the use of a leased space at a self-service storage facility under a rental agreement. [PL 1989, c. 62 (NEW).]

5. Operator. "Operator" means the owner, operator, lessor or sublessor of a self-service storage facility, an agent or any other person authorized to manage the facility. "Operator" does not mean a warehouse operator, unless the operator issues a warehouse receipt, bill of lading or other document of title for the personal property stored. [RR 2023, c. 2, Pt. C, §26 (COR).]

5-A. Personal information. "Personal information" means information about a person that readily identifies that person or is closely associated with that person. "Personal information" includes, but is not limited to, social security numbers, credit or debit card information, bank account numbers, medical information or passport information. [PL 2009, c. 525, §1 (NEW).]

6. Personal property. "Personal property" means movable property, not affixed to land. Personal property includes, but is not limited to, goods, wares, merchandise, motor vehicles, watercraft, all-terrain vehicles, off-road vehicles, recreational vehicles and household items and furnishings. [PL 2011, c. 376, §3 (AMD).]

6-A. Reasonable belief. "Reasonable belief" is the actual knowledge or belief a prudent person would have without making an investigation that a leased space contains personal information relating to clients, customers or others with whom the occupant does business. [PL 2009, c. 525, §2 (NEW).]

7. Rental agreement. "Rental agreement" means any written agreement, which may be delivered and accepted electronically, that establishes or modifies the terms, conditions or rules concerning the use and occupancy of a self-service storage facility. [PL 2025, c. 164, §2 (AMD).]

8. Self-service storage facility. "Self-service storage facility" means any real property used for renting or leasing individual storage spaces under a written rental agreement in which the occupants themselves customarily store and remove their own personal property on a self-service basis. [PL 1989, c. 62 (NEW).]

9. Verified mail. "Verified mail" means any method of mailing that is offered by the United States Postal Service and provides evidence of mailing. [PL 2011, c. 376, §4 (NEW).]
10 M.R.S. § 2412 — ME Code / Title 10 / Part 6 / Chapter 501 / Section 2412
10 §2412. Registration of motor fuel dispensers
Status: in_force

It is unlawful to sell motor fuel from a commercial motor fuel dispenser without a certificate of registration. [PL 1991, c. 712, §3 (NEW); PL 1991, c. 712, §5 (AFF).]

1. Certificate of registration. The state sealer shall provide application forms and shall issue a certificate of registration upon receipt of a completed application accompanied by an annual fee as determined under subsection 5 . A certificate of registration expires on December 31st. The state sealer may issue a registration for a one-year, 2-year or 3-year period. Registrations for a period in excess of one year may only be issued with the agreement of or at the request of the applicant. The fee for a 2-year registration is 2 times the annual fee. The fee for a 3-year registration is 3 times the annual fee. [PL 2007, c. 539, Pt. GGGG, §1 (AMD).]

2. Local sealers account. The state sealer shall deposit all fees from applicants with commercial dispensers in municipalities with duly appointed local sealers into a separate, nonlapsing account, known as the local sealers account. Funds from this account may be used for costs associated with carrying out this subchapter. The state sealer shall deposit all other fees received under this section into the General Fund. [PL 1995, c. 665, Pt. T, §1 (AMD).]

3. Payment from local sealers account. Upon receiving verification from a local sealer that a registered fuel dispenser has been inspected and conforms to standards established for fuel dispensers, the state sealer shall pay to the local sealer an amount as determined under subsection 5 . [PL 2007, c. 539, Pt. GGGG, §2 (AMD).]

4. No additional fee. A state or local sealer may not assess a fee for periodic testing and sealing of retail motor fuel dispensers. [PL 1991, c. 712, §3 (NEW); PL 1991, c. 712, §5 (AFF).]

5. Rulemaking. The Commissioner of Agriculture, Conservation and Forestry shall adopt rules to establish a fee for issuing a certificate of registration under subsection 1 and the payment to a local sealer under subsection 3 . The fee and payment established in rule must be per dispensing nozzle certified or inspected. Notwithstanding Title 5, section 8071, subsection 3, paragraph B , rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 539, Pt. GGGG, §3 (NEW); PL 2011, c. 657, Pt. W, §6 (REV).]
10 M.R.S. § 1272 — ME Code / Title 10 / Part 3 / Chapter 208-A / Section 1272
10 §1272. Prohibition
Status: repealed

A business operating in this State may not display a social security number on a credit card, customer service card or debit card issued or distributed by that business on or after January 1, 1994. [PL 1993, c. 115, §1 (NEW).]

Notwithstanding this section, social security numbers may be used as identification for medical insurance, including health insurance, dental insurance or prescription drug coverage, except that a number other than a social security number must be used for insurance-related identification purposes upon the written request of an individual. [PL 1995, c. 134, §1 (NEW).] Revisor's Note: §1272. Usage of trade (As enacted by PL 1993, c. 683, Pt. B, §1 was REPEALED BY by PL 1995, c. 462, Pt. A, §21)
10 M.R.S. § 1346 — ME Code / Title 10 / Part 3 / Chapter 210-B / Section 1346
10 §1346. Short title
Status: in_force

This chapter may be known and cited as "the Notice of Risk to Personal Data Act." [PL 2005, c. 379, §1 (NEW); PL 2005, c. 379, §4 (AFF).]
10 M.R.S. § 9507 — ME Code / Title 10 / Part 13 / Chapter 1053 / Section 9507
10 §9507. Construction
Status: in_force

Except as otherwise specifically provided, nothing in this chapter may be construed to preempt, replace or otherwise negate the requirements of chapter 1051 . [PL 1999, c. 762, §2 (NEW).]
10 M.R.S. § 1603 — ME Code / Title 10 / Part 4 / Chapter 305 / Section 1603
10 §1603. Price
Status: in_force

The Maine Potato Commission shall have the authority to set prices on trademarked potatoes sold by licensed shippers or processors.
10 M.R.S. § 3415 — ME Code / Title 10 / Part 7 / Chapter 610 / Section 3415
10 §3415. Application
Status: in_force

This chapter shall apply only to such charges for medical or other services furnished to persons who were injured by reason of such accidents occurring on or after October 7, 1967. [PL 1973, c. 625, §57 (AMD).]
10 M.R.S. § 1099-B — ME Code / Title 10 / Part 2 / Chapter 110 / Section 1099-B
10 §1099-B. Waste Oil Furnace Loan Program
Status: in_force

1. Program established. There is established the Waste Oil Furnace Loan Program to be administered by the authority through approved lenders. The program subsidizes interest costs of loans made to eligible entities purchasing and properly installing qualified waste oil boilers and furnaces. The program subsidizes loan interest rates made by approved lenders to achieve an effective interest rate to borrowers of 3%. Loan amounts are limited to the purchase price of the boiler or furnace but may not exceed $5,000 for any boiler or furnace. The term of loans made under this subchapter may not exceed 5 years. [PL 1991, c. 255, §2 (AMD).]

2. Fund established. There is established the Waste Oil Furnace Loan Fund which is managed by the authority but held separate from other funds of the authority and used by the authority to carry out this subchapter. Payments to approved lenders equal to the present value of the difference between the total interest costs charged by the lenders over the terms of the loans and the interest costs paid by the borrowers at the program effective interest rate of 3% are charged to the fund. [PL 1989, c. 774, §4 (NEW).]

3. Lenders. Lenders may not participate in the program without the authority's approval. As a condition of approval by the authority, the lender must agree to originate and administer all loans made under the program and to receive the interest payment for loans made under the program from the authority in an amount equal to the present value of the interest due over the term of the loan. The lender shall determine the interest rate of the loan. [PL 1989, c. 774, §4 (NEW).]

4. Entities. Entities participating in the program are responsible for repayment of the principal borrowed plus 3% interest, subject to conditions established by the authority and the lenders. As a condition of the loan, entities must: A. Properly install the boiler or furnace and consent to post-installation inspection procedures established by the authority; and [PL 1989, c. 774, §4 (NEW).] B. Agree to burn only self-generated waste oil or waste oil that has the characteristics of specification waste oil as defined by rule of the Department of Environmental Protection. [PL 1989, c. 774, §4 (NEW).] [PL 1991, c. 255, §2 (AMD).]

5. Rulemaking. The authority shall adopt rules to carry out this subchapter no later than January 1, 1991. The rules must be adopted in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 , and must include: A. A list of approved lenders; [PL 1989, c. 774, §4 (NEW).] B. Procedures governing the transfer of money from the fund to the lenders; [PL 1989, c. 774, §4 (NEW).] C. Procedures to determine the amount charged to the fund for each loan; and [PL 1989, c. 774, §4 (NEW).] D. Loan applications, program evaluation or program administration forms and procedures that the authority considers necessary to implement this subchapter. [PL 1989, c. 774, §4 (NEW).] [PL 1989, c. 774, §4 (NEW).]
10 M.R.S. § 1499-G — ME Code / Title 10 / Part 3 / Chapter 226 / Section 1499-G
10 §1499-G. Disclaimer on promotional materials using Medicare, Medicaid or MaineCare
Status: in_force

1. Disclaimer. A person may not use any advertisement, solicitation, informational brochure, mailer or other promotional material using the terms "Medicare," "Medicaid" or "MaineCare" unless the material: A. Includes a disclaimer printed on the top and both front and back of the material in type size no smaller than the largest type size on the material stating "This is an advertisement and solicitation"; [PL 2023, c. 243, §1 (NEW).] B. Contains in a type size no smaller than the 2nd largest type size on the material stating "[Name of person sponsoring the promotional material] is a private company that is not Medicare, Medicaid or MaineCare and is not a governmental agency"; [PL 2023, c. 243, §1 (NEW).] C. Contains in a type size no smaller than the 2nd largest type size on the material any other disclaimer on the material; and [PL 2023, c. 243, §1 (NEW).] D. Does not use a type color for the disclaimer required in paragraph A that is in grayscale or other faded tone, or a font that does not mimic or is not similar to a font used in an official document from a state or federal agency. [PL 2023, c. 243, §1 (NEW).] [PL 2023, c. 243, §1 (NEW).]

2. Application. The requirements of subsection 1 do not apply to any informational brochure or other material distributed by a person that does not sell or profit from the sale of any insurance product. [PL 2023, c. 243, §1 (NEW).]

3. Rules. The Attorney General may adopt rules to implement this chapter. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 243, §1 (NEW).]

4. Violation. A person that fails to comply with subsection 1 commits a violation of the Maine Unfair Trade Practices Act. [PL 2023, c. 243, §1 (NEW).]
10 M.R.S. § 988 — ME Code / Title 10 / Part 2 / Chapter 110 / Section 988
10 §988. Financing assistance to natural resource enterprises
Status: in_force

The authority may provide financing assistance or participate in providing financing assistance to eligible persons under this section and section 997 in the following manner. [PL 1983, c. 519, §7 (NEW).]

1. General conditions. Financing assistance provided pursuant to this subchapter may be on such terms and conditions as may be agreed upon by the authority from time to time. These terms may include, but are not limited to, requirements as to prepayment, period of repayment, interest rate, rentals, project design and planning, security requirements and evidences of indebtedness. The authority may require a borrower to execute a note, loan agreement or other evidence of indebtedness and furnish additional assurances and guarantees, including insurance, reasonably related to protecting the security of the loan. [PL 1985, c. 344, §33 (AMD).]

2. Assured compliance. The authority may, by rule, provide for permitted assumptions of loans or for other transfers of interest in property financed by the authority to persons who are otherwise qualified to receive assistance under this chapter. In all other cases, the person receiving the financing assistance shall agree, in writing, to use the land or property so acquired only for the purposes specified in the application to or subsequent written agreement with the authority. These agreements shall be recorded in the registry of deeds for the county or counties in which the property is located. The authority, at its option, may declare immediately payable all amounts due the authority if all or a part of the land, facilities or other property involved is leased, sold or otherwise transferred to another person. [PL 1985, c. 344, §34 (AMD).]
10 M.R.S. § 1496-A — ME Code / Title 10 / Part 3 / Chapter 223-A / Section 1496-A
10 §1496-A. Short title
Status: in_force

This chapter may be known and cited as "the Cellular Telephone Customer Privacy Act." [PL 2005, c. 582, §1 (NEW).]
10 M.R.S. § 11 — ME Code / Title 10 / Part 1 / Chapter 1-A / Section 11
10 §11. Maine Jobs, Trade and Democracy Act
Status: in_force

1. Short title. This section may be known and cited as "the Maine Jobs, Trade and Democracy Act." [PL 2003, c. 699, §2 (NEW).]

2. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Commission" means the Citizen Trade Policy Commission established in Title 5, section 12004‑I, subsection 79‑A . [PL 2003, c. 699, §2 (NEW).] B. "Trade agreement" means any agreement reached between the United States Government and any other country, countries or other international political entity or entities that proposes to regulate trade among the parties to the agreement. "Trade agreement" includes, but is not limited to, the North American Free Trade Agreement, agreements with the World Trade Organization and the proposed Free Trade Area of the Americas. [PL 2003, c. 699, §2 (NEW).] [PL 2003, c. 699, §2 (NEW).]

3. Purposes. The commission is established to assess and monitor the legal and economic impacts of trade agreements on state and local laws, working conditions and the business environment; to provide a mechanism for citizens and Legislators to voice their concerns and recommendations; and to make policy recommendations designed to protect Maine's jobs, business environment and laws from any negative impact of trade agreements. [PL 2003, c. 699, §2 (NEW).]

4. Membership. The commission consists of the following members: A. The following 17 voting members: (1) Three Senators representing at least 2 political parties, appointed by the President of the Senate; (2) Three members of the House of Representatives representing at least 2 political parties, appointed by the Speaker of the House; (3) The Attorney General or the Attorney General's designee; (4) Four members of the public, appointed by the Governor as follows: (a) A small business person; (b) A small farmer; (c) A representative of a nonprofit organization that promotes fair trade policies; and (d) A representative of a Maine-based corporation that is active in international trade; (5) Three members of the public appointed by the President of the Senate as follows: (a) A health care professional; (b) A representative of a Maine-based manufacturing business with 25 or more employees; and (c) A representative of an economic development organization; and (6) Three members of the public appointed by the Speaker of the House as follows: (a) A person who is active in the organized labor community; (b) A member of a nonprofit human rights organization; and (c) A member of a nonprofit environmental organization. In making appointments of members of the public, the appointing authorities shall make every effort to appoint representatives of generally recognized and organized constituencies of the interest groups mentioned in subparagraphs (4), (5) and (6); and [PL 2003, c. 699, §2 (NEW).] B. The following 4 commissioners or the commissioners' designees of the following 4 departments and the president or the president's designee of the Maine International Trade Center who serve as ex officio, nonvoting members: (1) Department of Labor; (3) Department of Environmental Protection; (4) Department of Agriculture, Conservation and Forestry; and (5) Department of Health and Human Services. [PL 2003, c. 689, Pt. B, §6 (REV); PL 2007, c. 266, §1 (AMD); PL 2011, c. 657, Pt. W, §5 (REV).] [PL 2003, c. 689, Pt. B, §6 (REV); PL 2007, c. 266, §1 (AMD); PL 2011, c. 657, Pt. W, §5 (REV).]

5. Terms; vacancies; limits. Except for Legislators, commissioners and the Attorney General, who serve terms coincident with their elective or appointed terms, all members are appointed for 3-year terms. A vacancy must be filled by the same appointing authority that made the original appointment. Appointed members may not serve more than 2 terms. Members may continue to serve until their replacements are designated. A member may designate an alternate to serve on a temporary basis. [PL 2003, c. 699, §2 (NEW).]

6. Chair; officers; rules. The first-named Senate member and the first-named House of Representatives member are cochairs of the commission. The commission shall appoint other officers as necessary and make rules for orderly procedure. [PL 2003, c. 699, §2 (NEW).]

7. Compensation. Legislators who are members of the commission are entitled to receive the legislative per diem and expenses as defined in Title 3, section 2 for their attendance to their duties under this chapter. Other members are entitled to receive reimbursement of necessary expenses if they are not otherwise reimbursed by their employers or others whom they represent. [PL 2003, c. 699, §2 (NEW).]

8. Staff; funding. In accordance with section 945‑A , the Maine International Trade Center shall provide or arrange and manage staffing as necessary for the commission. The departments listed in subsection 4, paragraph B shall provide information and assistance to the commission when the expertise of the departments is relevant to the work for which assistance is requested by the commission. All funds appropriated, allocated or otherwise provided to support the commission, other than funds for per diem and expenses of legislative members, must be deposited in a separate staff support account within the Department of Economic and Community Development administered by the International Trade Director within the Department of Economic and Community Development. Funds in the account are nonlapsing. Funds in the account may be used by the International Trade Director for the purposes of funding the costs of the Maine International Trade Center in staffing the commission and of the assessment described in subsection 9, paragraph C . At the beginning of each fiscal year, and at any other time at the request of the cochairs of the commission, the International Trade Director shall provide to the commission an accounting of funds expended to support the work of the commission over the previous 12 months as well as funds available to support the work of the commission in the next 12 months. [PL 2021, c. 687, §1 (RPR).]

9. Powers and duties. The commission: A. Shall meet at least twice annually; [PL 2003, c. 699, §2 (NEW).] B. Shall hear public testimony and recommendations from the people of the State and qualified experts when appropriate at no fewer than 2 locations throughout the State each year on the actual and potential social, environmental, economic and legal impacts of international trade agreements and negotiations on the State; [PL 2003, c. 699, §2 (NEW).] C. Shall every 2 years conduct an assessment of the impacts of international trade agreements on Maine's state laws, municipal laws, working conditions and business environment. The assessment must be submitted and made available to the public as provided for in the annual report in paragraph D ; [PL 2007, c. 266, §2 (AMD).] D. Shall maintain active communications with and submit an annual report to the Governor, the Legislature, the Attorney General, municipalities, Maine's congressional delegation, the Maine International Trade Center, the Maine Municipal Association, the United States Trade Representative's Office, the National Conference of State Legislatures and the National Association of Attorneys General or the successor organization of any of these groups. The commission shall make the report easily accessible to the public by way of a publicly accessible site on the Internet maintained by the State. The report must contain information acquired pursuant to activities under paragraph B and may contain information acquired pursuant to activities under paragraph C ; [PL 2007, c. 266, §3 (AMD).] E. Shall maintain active communications with any entity the commission determines appropriate regarding ongoing developments in international trade agreements and policy; [PL 2003, c. 699, §2 (NEW).] F. May recommend or submit legislation to the Legislature; [PL 2003, c. 699, §2 (NEW).] G. May recommend that the State support, or withhold its support from, future trade negotiations or agreements; and [PL 2003, c. 699, §2 (NEW).] H. May examine any aspects of international trade, international economic integration and trade agreements that the members of the commission consider appropriate. [PL 2003, c. 699, §2 (NEW).] [PL 2007, c. 266, §§2, 3 (AMD).]

10. Accounting; outside funding. [PL 2021, c. 687, §2 (RP).]

11. Evaluation. By December 31, 2009, the commission shall conduct an evaluation of its activities and recommend to the Legislature whether to continue, alter or cease the commission's activities. [PL 2003, c. 699, §2 (NEW).]
10 M.R.S. § 9902 — ME Code / Title 10 / Part 15 / Chapter 1201 / Section 9902
10 §9902. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2011, c. 622, §1 (NEW).]

1. Declared state disaster or emergency. "Declared state disaster or emergency" means a disaster or emergency event for which a Governor's state of emergency proclamation has been issued pursuant to Title 37-B, section 742 or that the President of the United States has declared to be a major disaster or emergency. [PL 2011, c. 622, §1 (NEW).]

2. Disaster period. "Disaster period" means the period of time that begins no later than 10 days following the Governor's proclamation of a state of emergency or the declaration by the President of the United States of a major disaster or emergency, whichever occurs first, and that extends for a period of 60 calendar days following the end of the declared disaster or emergency as proclaimed by the Governor pursuant to Title 37-B, section 743 or the President of the United States or pursuant to law, whichever occurs first. [PL 2011, c. 622, §1 (NEW).]

3. Infrastructure. "Infrastructure" means: A. Property and equipment, including related support facilities that provide service to more than one customer or person, owned or used by a public utility as defined in Title 35-A, section 102, subsection 13 or by a communications service provider as defined in Title 35-A, section 9202, subsection 4 . "Infrastructure" includes, without limitation, real and personal property such as buildings, offices, power lines, poles, pipes, structures and equipment; and [PL 2011, c. 622, §1 (NEW).] B. Public roads and bridges. [PL 2011, c. 622, §1 (NEW).] [PL 2011, c. 622, §1 (NEW).]

4. Out-of-state business. "Out-of-state business" means a business entity: A. That does not have a presence in the State; [PL 2011, c. 622, §1 (NEW).] B. That does not conduct business in the State; and [PL 2011, c. 622, §1 (NEW).] C. Whose assistance in performing work in this State, such as repairing, renovating, installing or building infrastructure, rendering services or engaging in other business activities, related to a declared state disaster or emergency is requested by the State, a county, city, town or other political subdivision of the State or a registered business. [PL 2011, c. 622, §1 (NEW).] "Out-of-state business" includes a business entity that is affiliated with a registered business solely through common ownership as long as that business entity does not have any registrations, tax filings or nexus in the State prior to the declared state disaster or emergency. [PL 2011, c. 622, §1 (NEW).]

5. Out-of-state employee. "Out-of-state employee" means an individual who performs services for an out-of-state business in return for compensation and who, prior to the declared state disaster or emergency, was not a resident of this State. [PL 2011, c. 622, §1 (NEW).]

6. Registered business. "Registered business" means a business entity that is registered or licensed to do business in the State prior to the declared state disaster or emergency. [PL 2011, c. 622, §1 (NEW).]
10 M.R.S. § 1070 — ME Code / Title 10 / Part 2 / Chapter 110 / Section 1070
10 §1070. Leasehold or other interests of lessee taxable
Status: in_force

The interest of the lessee of any project is subject to taxation in the manner provided for fee interests in real estate and personal property in Title 36, sections 551 and 602 , subject to the provisions of Title 36, sections 655 and 656 . [PL 1983, c. 480, Pt. B, §14 (AMD).]
10 M.R.S. § 1013 — ME Code / Title 10 / Part 2 / Chapter 110 / Section 1013
10 §1013. Program established
Status: in_force

The authority shall administer a program of comprehensive, consolidated student financial assistance for Maine students and their families. The authority is authorized to carry out various programs making financial and other assistance available to borrowers, institutions, or both, to finance costs of attendance at institutions of higher education. The authority is further authorized to issue its bonds, lend the proceeds of the bonds and exercise any other power set forth in this subchapter for these purposes. In carrying out its responsibilities, the authority shall be responsible for administering: [PL 1989, c. 698, §10 (RPR).]

1. Maine State Grant Program. The Maine State Grant Program, pursuant to Title 20‑A, chapter 419‑A ; [PL 2001, c. 70, §1 (AMD).]

2. Teachers for Maine Program. The Teachers for Maine Program, as established in Title 20‑A, chapter 428 ; [PL 1997, c. 97, §1 (RPR).]

3. State Osteopathic Loan Fund. The State Osteopathic Loan Fund, as established in Title 20‑A, chapter 423 ; [PL 1989, c. 698, §10 (RPR).]

4. Postgraduate medical education program. The postgraduate medical education program, as established in Title 20‑A, chapter 421 ; [PL 1989, c. 698, §10 (RPR).]

5. Loan insurance programs. The Robert T. Stafford Loan Program, the Parent Loans to Undergraduate Students Program and the Supplemental Loans for Students Program pursuant to Title 20‑A, chapter 417, subchapter I ; [PL 1989, c. 698, §10 (RPR).]

6. Robert C. Byrd Honors Scholarship Program. The Robert C. Byrd Honors Scholarship Program, pursuant to Title 20‑A, chapter 417, subchapter II ; [PL 1989, c. 698, §10 (RPR).]

7. Paul Douglas Teacher Scholarship Program. The Paul Douglas Teacher Scholarship Program, pursuant to Title 20‑A, chapter 417, subchapter II ; [PL 1989, c. 698, §10 (RPR).]

8. Supplemental loan program. The supplemental loan program as established in Title 20‑A, chapter 417‑B ; [PL 1991, c. 603, §3 (AMD).]

9. Tuition waiver program. The tuition waiver program pursuant to Title 20‑A, chapter 429 ; [PL 1989, c. 559, §8 (NEW); PL 1989, c. 698, §10 (RPR).]

10. Student financial assistance counseling and outreach program. The student financial assistance counseling and outreach program, as established in Title 20‑A, chapter 430‑B ; [PL 1997, c. 97, §2 (AMD).]

11. Student Educational Enhancement Deposit Plan. [PL 1991, c. 824, Pt. B, §4 (RP).]

12. Maine Choice Program. [PL 1995, c. 462, Pt. A, §18 (RP).]

13. Higher Education Loan and Loan Insurance Program. The Higher Education Loan and Loan Insurance Program, as established in Title 20‑A, chapter 417‑C ; [PL 2013, c. 34, §3 (AMD).]

14. University of Maine System Scholarship Fund. [PL 2005, c. 683, Pt. A, §14 (RP).]

15. Scholarships for Maine Fund. The Scholarships for Maine Fund, as established in Title 20‑A, chapter 419‑C ; [PL 2001, c. 417, §11 (AMD).]

16. Maine Education Savings Program. The Maine Education Savings Program, as established in Title 20‑A, chapter 417‑E ; and [PL 2001, c. 417, §12 (AMD); PL 2017, c. 474, Pt. F, §9 (REV).]

17. Maine Dental Education Loan Program. The Maine Dental Education Loan Program as established in Title 20‑A, chapter 426 . [PL 2001, c. 417, §13 (NEW).]
10 M.R.S. § 1527-B — ME Code / Title 10 / Part 4 / Chapter 301-A / Section 1527-B
10 §1527-B. Expedited service
Status: in_force

The Secretary of State may provide an expedited service for the processing of documents in accordance with this chapter. If the service is provided, the Secretary of State shall establish by rule a fee schedule and governing procedures in accordance with the Maine Administrative Procedure Act. All fees collected as provided by this section must be deposited into a fund for use by the Secretary of State in providing an improved filing service. [PL 1991, c. 465, §12 (NEW).]
10 M.R.S. § 9091 — ME Code / Title 10 / Part 11 / Chapter 953 / Section 9091
10 §9091. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 104, Pt. B, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]

1. Mobile home. "Mobile home" means a structure, transportable in one or more sections, which: A. Is 8 body feet or more in width and 32 body feet or more in length; [PL 1987, c. 737, Pt. B, §1 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).] B. Is built on a permanent chassis; [PL 1987, c. 737, Pt. B, §1 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).] C. Is designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities; and [PL 1987, c. 737, Pt. B, §1 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).] D. Includes the plumbing, heating, air-conditioning and electrical systems contained in the structure. [PL 1987, c. 737, Pt. B, §1 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).] [PL 1987, c. 737, Pt. B, §1 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]

2. Mobile home park. "Mobile home park" means any parcel of land under single or common ownership or control which contains, or is designed, laid out or adapted to accommodate 2 or more mobile homes. [PL 1987, c. 737, Pt. B, §1 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]

3. Normal wear and tear. "Normal wear and tear" means that deterioration which occurs, without negligence, carelessness, accident or abuse of the premises or equipment by the tenant, members of the tenant's household or their invitees or guests. The term does not include sums or labor expended by the landlord in removing articles abandoned by the tenant, such as trash, from the premises. [PL 1987, c. 737, Pt. B, §1 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]

4. Security deposit. "Security deposit" means any advance or deposit of money, the primary function of which is to secure the performance of a rental agreement for a mobile home, including premises used solely for the storage or display of mobile homes. [PL 1987, c. 737, Pt. B, §1 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]

5. Tenant. "Tenant" means a mobile home owner who rents a parcel of land in a mobile home park. [PL 1987, c. 737, Pt. B, §1 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
10 M.R.S. § 3268 — ME Code / Title 10 / Part 7 / Chapter 603 / Section 3268
10 §3268. Action brought by labor organization
Status: in_force

No action brought by a labor organization under this chapter shall be settled, dismissed or disposed of without the approval of the court. [PL 1973, c. 551 (NEW).]
10 M.R.S. § 9406 — ME Code / Title 10 / Part 13 / Chapter 1051 / Section 9406
10 §9406. Construction and application
Status: in_force

This chapter must be construed and applied: [PL 1999, c. 762, §2 (NEW).]

1. Facilitation. To facilitate electronic transactions consistent with other applicable law; [PL 1999, c. 762, §2 (NEW).]

2. Reasonable practices. To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and [PL 1999, c. 762, §2 (NEW).]

3. General purpose. To effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. [PL 1999, c. 762, §2 (NEW).]
10 M.R.S. § 969-A — ME Code / Title 10 / Part 2 / Chapter 110 / Section 969-A
10 §969-A. Powers and duties of the authority
Status: in_force

The authority may, subject to any limitation of this chapter: [PL 1985, c. 344, §17 (NEW).]

1. Borrow. Borrow money or otherwise obtain credit in its own name; [PL 1985, c. 344, §17 (NEW).]

2. Lend. Lend money or otherwise extend credit to any person and exercise all powers of a lender or creditor; [PL 1985, c. 344, §17 (NEW).]

2-A. Interest subsidies; grants. Provide grants or interest rate subsidies on commercial loans to businesses, farms and nonprofit organizations and provide or participate in interest rate cap agreements and other agreements providing businesses with protection against interest rate fluctuations; [PL 1991, c. 511, Pt. A, §2 (AMD).]

3. Insure. Insure or guarantee performance of any loan agreement or other obligation, including taking all actions necessary to implement and administer a program of insurance for loans to students pursuing postsecondary education; [PL 2013, c. 34, §2 (AMD).]

4. Property. Acquire, use, improve or dispose of any interest in or type of real or personal property, including grant, purchase, sale, borrow, loan, lease, foreclosure, mortgage, assignment or other lawful means, with or without public bidding, and also including the assessment of fees, the receipt of reimbursements for expenses incurred in carrying out its purposes and the expenditure or investment of its funds; [PL 1985, c. 344, §17 (NEW).]

5. Loan transactions. Purchase, sell, service, pledge, invest in, hold, trade, accept as collateral or otherwise deal in, acquire or transfer, on such terms and conditions as the authority may specify, any loan, pass-through certificate, pledge including any pledge of revenue participation certificate, revenue obligation security or other mortgage-backed or mortgage-related security. Any such transaction may be conducted by public or private offering, with or without public bidding. In connection with the purchase or sale of a loan or of a beneficial interest or participation in a loan, the authority may enter into one or more agreements providing for the custody, control and administration of the loan. Any such agreement may provide that the authority, a financial institution or other person shall act as trustor, trustee or custodian under the agreement. Any such agreement may provide that, with respect to loans governed by the agreement, title to a loan, or to a beneficial interest or participation in a loan, is deemed to have been transferred on terms and to the extent specified in that agreement and that the effect of a sale of a beneficial interest or participation in a loan is the same as a sale of a loan. The authority may issue or cause to be issued certificates or other instruments evidencing the holder's fractional interest in a pool of loans, which interest may be undivided or limited to one or more specific loans. Whether or not the certificates or instruments are of such form or character as to be negotiable instruments under Title 11, article 3‑A , the certificates or instruments are negotiable instruments within the meaning of and for all the purposes of Title 11, article 3‑A , subject only to such registration requirements as the authority may establish. In connection with the exercise of the powers authorized in this subsection and those powers otherwise granted to the authority, the authority may create and operate a secondary market and warehousing facility or facilities for loans or the insured portion of loans that provide liquidity to lenders making loans; [PL 2003, c. 537, §16 (AMD); PL 2003, c. 537, §53 (AFF).]

6. Information. Obtain, develop or disseminate any information useful or convenient for carrying out any purpose or power of the authority, including any information pertaining to: A. Management or financing of any enterprise or project eligible for assistance from the authority; [PL 1985, c. 344, §17 (NEW).] B. Producing, processing or marketing of any product of any enterprise eligible for assistance from the authority; [PL 1985, c. 344, §17 (NEW).] C. Land use; [PL 1985, c. 344, §17 (NEW).] D. Other regulatory or assistance programs, resources or services; [PL 1985, c. 344, §17 (NEW).] E. Design and construction techniques; and [PL 1985, c. 344, §17 (NEW).] F. Any project receiving financial assistance from or through the authority, including, without limitation, by means of examination of books or records pertaining to the project. [PL 1985, c. 344, §17 (NEW).] The authority may conduct hearings, hear testimony under oath, administer oaths, issue subpoenas requiring the attendance of witnesses or the production of records or other things and may issue commissions for the examination of witnesses who are outside of the State or unable to attend or are excused from attendance; [PL 1985, c. 344, §17 (NEW).]

6-A. Matching service. Subject to the requirements and limitations of applicable law, establish and implement a program to assist the growth of business within the State by matching businesses seeking investment capital with investors seeking investment opportunities; [PL 1989, c. 552, §6 (NEW).]

7. Insurance. Procure insurance in aid of any of its corporate purposes; [PL 1985, c. 344, §17 (NEW).]

8. Nonprofit entity. In accordance with the limitations and restrictions of this chapter, cause any of its powers or duties to be carried out by one or more nonprofit organizations exempt from taxation under the Internal Revenue Code and organized, created or operated under the laws of this State; [PL 1989, c. 765, §1 (AMD).]

9. Certifications. Obtain any certification, warranty, affidavit or other representation necessary or useful for carrying out any of its powers or duties; [PL 1985, c. 344, §17 (NEW).]

10. Employees. Employ persons, including private legal counsel and financial experts, on either a temporary or permanent basis, in order to carry out any of its powers and duties. The authority shall obtain fidelity insurance coverage on behalf of its full-time employees. Employees of the authority shall not be subject to Title 5, chapters 71 and 372 . The members of the authority may by rulemaking pursuant to Title 5, chapter 375, subchapter II , delegate powers and duties of the authority to employees of the authority and each employee is fully authorized to act in the name and on behalf of the authority pursuant to any delegation; [PL 1989, c. 502, Pt. C, §3 (AMD).]

11. Sue; be sued. Sue or initiate or appear in any proceeding. The authority may be sued in accordance with Title 1, section 409 ; Title 5, chapter 375 ; or Title 14, chapter 741 ; [PL 1985, c. 344, §17 (NEW).]

12. Office. Maintain an office at a place designated by it within the State; [PL 1985, c. 344, §17 (NEW).]

13. Seal. Adopt an official seal and alter it at pleasure; [PL 1985, c. 344, §17 (NEW).]

14. Rules. Pursuant to Title 5, chapter 375 , adopt any rule, including its bylaws, necessary or useful for carrying out any of its powers or duties; [PL 1985, c. 344, §17 (NEW).]

14-A. Receive funds. Receive and accept from any source allocations, appropriations, loans, grants and contributions of money or other things of value to be held, used or applied to carry out this chapter, subject to the conditions upon which the loans, grants and contributions may be made, including, but not limited to, appropriations, allocations, loans, grants or gifts from any federal agency or governmental subdivision or the State and its agencies. In fiscal year 1992-93 only, the State Controller shall pay the authority's state allotment to the authority on July 1st and December 1st of that year. Effective July 1, 1993, the State Controller shall pay the authority's state allotment on the first day of each quarter to meet the estimated quarterly disbursement requirements of the authority for higher education programs. The authority shall submit a General Fund request for the fiscal year 1993-94 and fiscal year 1994-95 biennium in accordance with Title 5, section 1665 to support the administration of higher education programs; [PL 1991, c. 780, Pt. P, §1 (AMD).]

14-B. Invest funds. Invest funds received from any source for carrying out this chapter, and expend interest earnings on those funds as appropriate to implement this chapter, including use for program and administrative costs; [PL 1989, c. 698, §6 (NEW).]

14-C. Student loan secondary market. Take all actions necessary to implement and administer a student loan secondary market; [PL 2003, c. 455, §1 (NEW).]

15. Agreements. Make, modify and carry out any agreement necessary or useful for carrying out any of its powers, duties or purposes, including without limitation any construction agreement, purchase or acquisition agreement, loan or lease agreement, agreement conditioned upon the subleasing of the demised premises, partnership agreement, limited partnership agreement, joint venture agreement, participation agreement or agreement with leasing corporations or other financial intermediaries; and [PL 1985, c. 344, §17 (NEW).]

16. Other powers. Do any act or thing necessary or useful for carrying out any of its powers, duties or purposes. [PL 1985, c. 344, §17 (NEW).]
10 M.R.S. § 1398 — ME Code / Title 10 / Part 3 / Chapter 212-C / Section 1398
10 §1398. Duties of exchange facilitators; prohibited activities
Status: in_force

1. Duty to client. An exchange facilitator shall act as a custodian for all exchange funds, including, but not limited to, money, property, other consideration or instruments received by the person from, or on behalf of, a client, except funds received as the person's compensation. An exchange facilitator shall invest those exchange funds in investments that meet a prudent investor standard and that satisfy the investment goals of liquidity and preservation of principal. For purposes of this subsection, a prudent investor standard is violated if any of the following occurs: A. Exchange funds are knowingly commingled by the exchange facilitator with the operating accounts of the exchange facilitator; [PL 2009, c. 61, §1 (NEW).] B. Exchange funds are loaned or otherwise transferred to any person or entity, other than a financial institution, that is affiliated with or related to the exchange facilitator. This paragraph does not apply to the transfer of funds from an exchange facilitator to an exchange accommodation titleholder as defined in United States Internal Revenue Service Revenue Procedure 2003-37 in accordance with an exchange contract; or [PL 2009, c. 61, §1 (NEW).] C. Exchange funds are invested in a manner that does not provide sufficient liquidity to meet the exchange facilitator's contractual obligations to its clients and does not preserve the principal of the exchange funds. [PL 2009, c. 61, §1 (NEW).] Exchange funds are not subject to execution or attachment on any claim against the exchange facilitator. An exchange facilitator may not knowingly keep, or cause to be kept, any money in any bank, credit union, or other financial institution under a name designating the money as belonging to the client of any exchange facilitator, unless that money belongs to that client and was actually entrusted to the exchange facilitator by that client. [PL 2009, c. 61, §1 (NEW).]

2. Notice of change in control. An exchange facilitator shall notify all existing exchange clients whose relinquished property is located in this State, or whose replacement property held under a qualified exchange accommodation agreement is located in this State, of any change in control of the exchange facilitator. The notice must be provided within 10 business days of the effective date of the change in control by hand delivery, facsimile transmission, e-mail, overnight mail or first-class mail, and must be posted on the exchange facilitator's publicly accessible website for at least 90 days following the change in control. The notice must include the name, address and other contact information of the transferees. For purposes of this subsection, "change in control" means any transfer of more than 50% of the assets or ownership interests, directly or indirectly, of the exchange facilitator. [PL 2009, c. 61, §1 (NEW).]

3. Prohibitions. A person engaged in business as an exchange facilitator may not do any of the following: A. Make any material misrepresentations concerning any like-kind exchange transaction that are intended to mislead; [PL 2009, c. 61, §1 (NEW).] B. Pursue a continued or flagrant course of misrepresentation, or make false statements through advertising or otherwise; [PL 2009, c. 61, §1 (NEW).] C. Fail, within a reasonable time, to account for any money or property belonging to others that may be in the possession of, or under control of, the person; [PL 2009, c. 61, §1 (NEW).] D. Engage in any conduct constituting fraudulent or dishonest dealings; [PL 2009, c. 61, §1 (NEW).] E. Commit any crime involving fraud, misrepresentation, deceit, embezzlement, misappropriation of funds, robbery or theft; or [PL 2009, c. 61, §1 (NEW).] F. Materially fail to fulfill its contractual duties to a client to deliver property or funds to the client, unless that failure is due to circumstances beyond the control of the person engaging in business as an exchange facilitator. [PL 2009, c. 61, §1 (NEW).] [PL 2009, c. 61, §1 (NEW).]
10 M.R.S. § 255 — ME Code / Title 10 / Part 1 / Chapter 4 / Section 255
10 §255. Commission action upon petition (REALLOCATED TO TITLE 35, SECTION 3375)
Status: in_force

(REALLOCATED TO TITLE 35, SECTION 3375)
10 M.R.S. § 2504 — ME Code / Title 10 / Part 6 / Chapter 501 / Section 2504
10 §2504. Action by unlicensed persons
Status: in_force

A person may not assume the title "licensed public weighmaster," or any title of similar import, perform the duties or acts to be performed by a licensed public weighmaster, present as a licensed public weighmaster, issue any weight certificate, ticket, memorandum or statement for which a fee is charged, or engage in the full-time or part-time business of public weighing, unless the person holds a valid license as a licensed public weighmaster. "Public weighing," as used in this section, means the weighing for any person, upon request, of property, produce, commodities or articles other than those that the weigher or the weigher's employer, if any, is either buying or selling. [RR 2023, c. 2, Pt. C, §54 (COR).]
10 M.R.S. § 2402 — ME Code / Title 10 / Part 6 / Chapter 501 / Section 2402
10 §2402. Powers and duties
Status: in_force

The state sealer shall: [PL 1973, c. 91, §5 (RPR).]

1. Federal standards. Maintain traceability of the state standards to the National Bureau of Standards; [PL 1973, c. 91, §5 (NEW).]

2. Enforcement. Enforce this chapter; [PL 1973, c. 91, §5 (NEW).]

3. Regulations. Issue, in a manner consistent with the Maine Administrative Procedure Act, reasonable regulations for the enforcement of this chapter, which regulations shall have the force and effect of law; [PL 1977, c. 694, §176 (AMD).]

4. Standards. Establish standards of weight, measure or count, reasonable standards of fill and standards for the presentation of cost per unit information for any packaged commodity; [PL 1973, c. 91, §5 (NEW).]

5. Exemptions. Grant any exemptions from this chapter or any regulations promulgated pursuant thereto, when appropriate to the maintenance of good commercial practices within the State; [PL 1973, c. 91, §5 (NEW).]

6. Investigations. Conduct investigations to ensure compliance with this chapter; [PL 1973, c. 91, §5 (NEW).]

7. Delegation of responsibility. Delegate to appropriate personnel any of these responsibilities for the proper administration of the office of the state sealer; [RR 2023, c. 2, Pt. C, §49 (COR).]

8. Tests. Test annually the standards of weight and measure used by any city or county within the State and approve the same when found to be correct; [PL 1973, c. 91, §5 (NEW).]

9. Inspection -- sale. Inspect and test weights and measures kept, offered or exposed for sale; [PL 1973, c. 91, §5 (NEW).]

10. -- commercial use. Inspect and test to ascertain if they are correct, weights and measures commercially used: A. In determining the weight, measure or count of commodities or things sold, or offered or exposed for sale, on the basis of weight, measure or count; or [PL 1973, c. 91, §5 (NEW).] B. In computing the basic charge or payment for services rendered on the basis of weight, measure or count; [PL 1973, c. 91, §5 (NEW).] [PL 1973, c. 91, §5 (NEW).]

11. -- institutions. Test all weights and measures used in checking the receipt or disbursement of supplies in every institution for the maintenance of which funds are appropriated by the Legislature; [PL 1973, c. 91, §5 (NEW).]

12. Approval or rejection. Approve for use, and may mark, such weights and measures as the state sealer finds to be correct and shall reject and mark as rejected such weights and measures as the state sealer finds to be incorrect. Weights and measures that have been rejected may be seized, if not corrected within the time specified or if used or disposed of in a manner not specifically authorized. The state sealer shall condemn and may seize weights and measures found to be incorrect that are not capable of being made correct. This approval, rejection, specification or condemnation may not be considered to be licensing or an adjudicatory proceeding, as those terms are defined by the Maine Administrative Procedure Act; [RR 2009, c. 2, §20 (COR).]

13. Sampling. Weigh, measure or inspect packaged commodities kept, offered or exposed for sale, sold or in the process of delivery, to determine whether they contain the amounts represented and whether they are kept, offered or exposed for sale in accordance with this chapter or regulations promulgated pursuant thereto. In carrying out this section, the state sealer shall employ recognized sampling procedures such as are designated in National Bureau of Standards Handbook 67, "Checking Prepackaged Commodities;" [PL 1973, c. 91, §5 (NEW).]

14. Appropriate measure. Prescribe, by regulation adopted in a manner consistent with the Maine Administrative Procedure Act, the appropriate term or unit of weight or measure to be used, whenever the state sealer determines in the case of a specific commodity that an existing practice of declaring the quantity by weight, measure, numerical count or any combination thereof does not facilitate value comparisons by consumers or offers an opportunity for consumer confusion; [RR 2023, c. 2, Pt. C, §50 (COR).]

15. Variations. Allow reasonable variation from the stated quantity of contents which shall include those caused by loss or gain of moisture during the course of good distribution practice or by unavoidable deviations in good manufacturing practice only after the commodity has entered intrastate commerce; [PL 1973, c. 91, §5 (NEW).]

16. Personnel training. Provide for the weights and measures training of inspection personnel and shall establish minimum training requirements which shall be met by all municipal and state weights and measures inspection personnel in the State; [PL 1973, c. 91, §5 (NEW).]

17. Standards to enforcement. Prescribe the standards of weight and measure, additional equipment and methods of test and inspection to be employed in the enforcement of this chapter. The state sealer may prescribe or provide, or both, the official test and inspection forms used in the enforcement of this chapter; and [PL 1991, c. 712, §1 (AMD); PL 1991, c. 712, §5 (AFF).]

18. Registration of commercial motor fuel dispensers. Accept applications for the registration of motor fuel dispensers in accordance with section 2412 . [PL 1991, c. 712, §2 (NEW); PL 1991, c. 712, §5 (AFF).]
10 M.R.S. § 9002 — ME Code / Title 10 / Part 11 / Chapter 951 / Section 9002
10 §9002. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following words and terms shall have the following meanings. [PL 1977, c. 550, §1 (NEW).]

1. Board. "Board" means the Manufactured Housing Board. [PL 1977, c. 550, §1 (NEW).]

2. Dealer. "Dealer" means a person engaged in the sale, offering for sale, brokering or distribution of manufactured housing to a licensed dealer, developer dealer or consumer. [PL 2005, c. 344, §1 (AMD).]

2-A. Developer dealer. "Developer dealer" means a person who purchases state-certified manufactured housing from a licensed manufacturer or dealer for placement on property owned by the developer dealer and who offers the manufactured housing for sale to the initial purchaser of the manufactured housing. The developer dealer may not install such manufactured housing but may contract with the manufacturer or dealer for the installation of such manufactured housing. [PL 2005, c. 344, §2 (NEW).]

2-B. Educational facility. "Educational facility" means an academic institution providing education designed to provide career and technical training to its students through the construction of manufactured homes. "Educational facility" includes but is not limited to career or technical schools, high schools and postsecondary programs. [PL 2017, c. 210, Pt. B, §2 (NEW).]

3. Federal manufactured home construction and safety standard. "Federal manufactured home construction and safety standard" means the standard for the construction, design and performance of a manufactured home that meets the needs of the public including the need for quality, durability and safety and that has been duly adopted by the Federal Government pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended by the Manufactured Housing Improvement Act of 2000, 42 United States Code, Section 5401, et seq. [PL 2017, c. 210, Pt. B, §3 (AMD).]

4. H.U.D. "H.U.D." means United States Department of Housing and Urban Development, a federal governmental agency. [PL 1977, c. 550, §1 (NEW).]

5. Inspection agency. "Inspection agency" means an approved person or organization, public or private, determined by the board to be qualified by reason of facilities, personnel and demonstrated ability and independence of judgment to provide for inspection and approval of the design, construction or installation of manufactured housing in compliance with the standards and the rules adopted in accordance with this Act. [PL 2017, c. 210, Pt. B, §4 (AMD).]

6. Installation. "Installation" means: A. The placing of manufactured housing on a foundation or supports at a building site; and [PL 2017, c. 210, Pt. B, §5 (AMD).] B. The assembly and fastening of structural components of manufactured housing, including the completed roof system, as specified by the manufacturer's installation instructions and in accordance with the rules of the board. [PL 2001, c. 260, Pt. A, §1 (NEW).] For manufactured housing as defined in subsection 7, paragraphs A and C , "installation" also includes the connection to existing services, including but not limited to electrical, oil, gas, water, sewage and similar systems that are necessary for the use of the manufactured housing for dwelling purposes. [PL 2017, c. 210, Pt. B, §5 (AMD).]

6-A. Installer. "Installer" means a person engaged in the installation or servicing of state-certified manufactured housing. [PL 2005, c. 344, §3 (AMD).]

7. Manufactured housing. "Manufactured housing" means a structural unit or units designed to be used as a dwelling or dwellings and constructed in a manufacturing facility and then transported by the use of its own chassis or placement on an independent chassis to a building site. The term includes any type of building that is constructed at a manufacturing facility and then transported to a building site where it is utilized for housing and that may be purchased, sold, offered for sale or brokered by a licensee in the interim. For purposes of this Act, 3 types of manufactured housing are included. They are: A. HUD-code homes, which are those units constructed after June 15, 1976 that the manufacturer certifies are constructed in compliance with the HUD standard, meaning structures, transportable in one or more sections that, in the traveling mode, are 8 body feet or more in width and 40 body feet or more in length or, when erected on site, are 320 or more square feet, and are built on a permanent chassis and designed to be used as dwellings, with or without permanent foundations, when connected to the required utilities, including the plumbing, heating, air-conditioning and electrical systems contained therein; except that such term shall include any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of the United States Department of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 United States Code 5401, et seq; [PL 2005, c. 344, §4 (AMD).] B. State-certified modular homes, which are those units that the manufacturer certifies are constructed in compliance with this Act and rules, meaning structures, transportable in one or more sections, that are not constructed on a permanent chassis and are designed to be used as dwellings on foundations when connected to required utilities, including the plumbing, heating, air-conditioning or electrical systems contained therein. "Manufactured housing" does not include modular homes constructed at an educational facility by students pursuant to rules adopted by the board; [PL 2017, c. 210, Pt. B, §6 (AMD).] C. Pre-HUD-code homes, which are those units constructed prior to June 15, 1976, meaning structures, transportable in one or more sections, that are 8 body feet or more in width and are 32 body feet or more in length and are built on a permanent chassis and designed to be used as dwellings, with or without permanent foundations, when connected to the required utilities, including the plumbing, heating, air-conditioning or electrical systems contained therein. [PL 2005, c. 344, §4 (AMD).] [PL 2017, c. 210, Pt. B, §6 (AMD).]

8. Manufacturer. "Manufacturer" means any person engaged in manufacturing or producing manufactured housing and then selling it to a dealer. [PL 1977, c. 550, §1 (NEW).]

9. Mechanic. "Mechanic" means an individual engaged in the installation or servicing of HUD-code or pre-HUD-code homes. [PL 2005, c. 344, §5 (AMD).]

10. Mobile home. [PL 1981, c. 152, §6 (RP).]

11. Modular home. [PL 1981, c. 152, §7 (RP).]

12. Person. "Person" means an individual or entity, including but not limited to a corporation, partnership, firm, organization, company, homeowner, consumer or purchaser. [PL 2017, c. 210, Pt. B, §7 (NEW).]
10 M.R.S. § 363 — ME Code / Title 10 / Part 1 / Chapter 9 / Section 363
10 §363. Allocation of the state ceiling
Status: in_force

1. Formula and procedure. [PL 1987, c. 413, §4 (RP).]

1-A. Procedure. For each calendar year, the Legislature may establish a procedure for allocation of the entire amount of the state ceiling by allocating an amount of the state ceiling to the specific issuers designated in this section for further allocation by each specific issuer to itself or to other issuers for specific bond issues requiring an allocation of the state ceiling or for carryforward. This procedure supersedes the federal formula to the full extent that the United States Code, Title 26, authorizes the Legislature to vary the federal formula. Allocations may be reviewed by the Legislature periodically and unused allocations may be reallocated to other issuers; however, notwithstanding the existence of legislation allocating or reallocating all or any portion of the state ceiling, at any time during the period from September 1st to and including December 31st of any calendar year, and at any other time that the Legislature is not in session, a group consisting of a representative of each of the issuers specifically identified in subsections 4 , 5 , 6 , 7 , 8 and 8‑A ; and a representative of the Governor designated each year by the Governor may, by written agreement executed by no fewer than 5 of the 6 voting representatives, allocate amounts not previously allocated and reallocate unused allocations from one of the specific issuers designated in this section to another specific issuer for further allocation or carryforward, with respect to the state ceiling for that calendar year only. In no event may any issuer have more than one vote. If an issuer is allocated a portion of the state ceiling in more than one category, the written agreement must be executed by no fewer than 4 of the 6 voting representatives. Except for records containing specific and identifiable personal information acquired from applicants for or recipients of financial assistance, the records of the group of representatives described in this subsection are public records and the meetings of the group of representatives described in this subsection are public proceedings within the meaning of Title 1, chapter 13, subchapter 1 . [PL 2005, c. 425, §22 (AMD).]

2. Allocations by the Governor and the Legislature. [PL 1987, c. 413, §4 (RP).]

2-A. Recommendation of Governor and issuers. At any time action of the Legislature under subsection 1‑A is necessary or desirable, the Governor shall recommend to the appropriate committee of the Legislature a proposed allocation or reallocation of all or part of the state ceiling. To assist the Governor in making a recommendation of proposed allocations of the state ceiling on private activity bonds, the group of 7 representatives described in subsection 1‑A shall make a recommendation regarding allocation or reallocation of the state ceiling. In order to assist the group in making its recommendation and to assist the Governor and the Legislature, the Department of Administrative and Financial Services shall prepare an annual analysis of the State's economic outlook, prevailing interest rate forecasts related to tax-exempt financing by the issuers specifically identified in subsections 4 to 8 , the availability to those issuers of alternative financing from sources that do not require an allocation of the state ceiling and the relationship of these factors and various public policy considerations to the allocation or reallocation of the state ceiling. In recommending any allocation or reallocation of the state ceiling to the Legislature, the Governor shall consider the requests and recommendations of those issuers of bonds within the State designated in this section, the recommendations of the group of representatives described in subsection 1‑A and the annual analysis of the Department of Administrative and Financial Services. [PL 2021, c. 293, Pt. A, §15 (RPR).]

3. Emergency allocation. [PL 1987, c. 769, Pt. A, §41 (RP).]

4. Allocation to Maine State Housing Authority. That portion of the state ceiling allocated under this section to the category of bonds for housing or housing-related purposes must be allocated to the Maine State Housing Authority, which may further allocate that portion of the state ceiling to bonds for housing-related projects that require an allocation in order to qualify as tax-exempt bonds. Any further allocation or reallocation of any portion of the state ceiling from the Maine State Housing Authority to another specific issuer designated in this section must be done in accordance with the requirements in subsection 1‑A . [PL 1999, c. 728, §3 (AMD).]

5. Allocation to the Treasurer of State. That portion of the state ceiling allocated under this section to the category of general obligation bonds of the State must be allocated to the Treasurer of State, who may further allocate that portion of the state ceiling to bonds of the State requiring an allocation in order to qualify as tax-exempt bonds. Any further allocation or reallocation of any portion of the state ceiling from the Treasurer of State to another specific issuer designated in this section must be done in accordance with the requirements in subsection 1‑A . [PL 1999, c. 728, §3 (AMD).]

6. Allocation to the Finance Authority of Maine. That portion of the state ceiling allocated to the category of bonds that are limited obligations of the issuer payable solely from the revenues of the projects financed with the proceeds of the bonds, other than for housing-related projects or issues included in an issue of the Maine Municipal Bond Bank, as well as that portion of the state ceiling allocated to bonds authorized to be issued by the Finance Authority of Maine pursuant to Title 20‑A, chapter 417‑B , must be allocated to the Finance Authority of Maine, which may further allocate that portion of the state ceiling to bonds requiring an allocation in order to qualify as tax-exempt bonds. Any further allocation or reallocation of any portion of the state ceiling from the Finance Authority of Maine to another specific issuer designated in this section must be done in accordance with the requirements in subsection 1‑A . [PL 1999, c. 728, §4 (AMD).]

7. Allocation to the Maine Municipal Bond Bank. That portion of the state ceiling allocated to the category of bonds that are general obligations of issuers within the State, other than the State; that are included in bond issues of the Maine Municipal Bond Bank; or that are qualified redevelopment bonds as defined in the United States Code, Title 26, must be allocated to the Maine Municipal Bond Bank, which may further allocate that portion of the state ceiling to bonds requiring an allocation in order to qualify as tax-exempt bonds. Any further allocation or reallocation of any portion of the state ceiling from the Maine Municipal Bond Bank to another specific issuer designated in this section must be done in accordance with the requirements in subsection 1‑A . [PL 2023, c. 608, §2 (AMD).]

8. Additional allocation to the Finance Authority of Maine pursuant to Title 20-A, chapter 417-A. That portion of the state ceiling allocated to the issuance of bonds by the Finance Authority of Maine pursuant to Title 20‑A, chapter 417‑A must be allocated to the Finance Authority of Maine. A. Prior to issuing loans funded through an allocation of the state ceiling for the issuance of education loans under this section, an issuer or lender must provide to the appropriate agency within the Department of Professional and Financial Regulation examples of the disclosures to be made to loan recipients or obligors. The information must be provided to the Bureau of Financial Institutions if the issuer or lender is a financial institution or credit union established pursuant to state or federal law or to the Bureau of Consumer Credit Protection for all other issuers or lenders. This information must be provided to the appropriate agency within the Department of Professional and Financial Regulation upon request, or in the course of an examination of the issuer or lender by the agency, and must include a description of any interest rate or other discounts offered that clearly identifies all of the terms and conditions of obtaining any discount, a projection of the approximate number or percentage of loan obligors who are likely to benefit from the discounts and any other disclosures pursuant to guidelines established by the Bureau of Financial Institutions and the Bureau of Consumer Credit Protection for the issuance of education loans that would benefit from an allocation of the state ceiling. The Bureau of Financial Institutions and the Bureau of Consumer Credit Protection shall jointly adopt, to the extent allowed by law, rules to carry out the provisions of this paragraph by establishing uniform disclosure requirements and sanctions for noncompliance. Rules adopted pursuant to this paragraph are routine technical rules, as defined in Title 5, chapter 375, subchapter 2‑A . All information provided to the appropriate agencies within the Department of Professional and Financial Regulation must include the source of the information and the basis for any projections. [PL 2015, c. 170, §5 (AMD); PL 2015, c. 170, §30 (AFF).] B. [PL 1999, c. 443, §2 (NEW); MRSA T. 10 §363, sub-§8, ¶ B (RP).] B-1. All education loans made under the federal Higher Education Act of 1965, 20 United States Code, Chapter 28 that are purchased or originated with proceeds of tax-exempt bonds using a portion of the state ceiling on private activity bonds must be guaranteed by the state agency designated as administrator of federal guaranteed student loan programs pursuant to Title 20‑A, chapter 417, subchapter 1 , except that this requirement does not apply to serial loans of a borrower that are guaranteed by a different guarantee agency and acquired or financed with tax-exempt bond proceeds prior to the effective date of this paragraph. The state agency designated as administrator of federal guaranteed student loan programs pursuant to Title 20‑A, chapter 417, subchapter 1 shall use its best efforts to provide competitive rates for the guarantee function. [PL 2015, c. 170, §5 (AMD); PL 2015, c. 170, §30 (AFF).] [PL 2015, c. 170, §5 (AMD); PL 2015, c. 170, §30 (AFF).]

8-A. Allocations to issuer of bonds for purchase of education loans. That portion of the state ceiling allocated to the categories of bonds providing funds for the purposes of an entity designated pursuant to Title 20‑A, section 11407 , must be allocated to the entity designated pursuant to Title 20‑A, section 11407 . A. Prior to issuing loans funded through an allocation of the state ceiling for the issuance of education loans, an issuer or lender must provide to the appropriate agency within the Department of Professional and Financial Regulation examples of the disclosures to be made to loan recipients or obligors. The information must be provided to the Bureau of Financial Institutions, Department of Professional and Financial Regulation if the issuer or lender is a financial institution or credit union established pursuant to state or federal law or to the Bureau of Consumer Credit Protection, Department of Professional and Financial Regulation for all other issuers or lenders. This information must be provided to the appropriate agency within the Department of Professional and Financial Regulation upon request, or in the course of an examination of the issuer or lender by the agency, and must include a description of any interest rate or other discounts offered that clearly identifies all of the terms and conditions of obtaining any discount, a projection of the approximate number or percentage of loan obligors who are likely to benefit from the discounts and any other disclosures pursuant to guidelines established by the Bureau of Financial Institutions and the Bureau of Consumer Credit Protection for the issuance of education loans that would benefit from an allocation of the state ceiling. The Bureau of Financial Institutions and the Bureau of Consumer Credit Protection shall jointly adopt, to the extent allowed by law, rules to carry out the provisions of this paragraph by establishing uniform disclosure requirements and sanctions for noncompliance. Rules adopted pursuant to this paragraph are routine technical rules, as defined in Title 5, chapter 375, subchapter 2‑A . All information provided to the appropriate agencies within the Department of Professional and Financial Regulation must include the source of the information and the basis for any projections. [PL 2003, c. 112, §3 (NEW); PL 2007, c. 273, Pt. B, §5 (REV); PL 2007, c. 695, Pt. A, §47 (AFF).] B. [PL 2007, c. 520, §1 (RP).] [PL 2007, c. 520, §1 (AMD); PL 2007, c. 695, Pt. A, §47 (AFF).]

9. Use of carryforward. In the event that any issuer has made a carryforward election under the United States Code, Title 26, Section 146(f), as amended, the issuer shall use, to the extent possible and consistent with the purpose for which the carryforward was elected, the carryforward for issues subject to the state ceiling prior to allocating any portion of the state ceiling for the applicable calendar year to the issue. To the extent permitted by federal law, a group consisting of a representative of each of the issuers specifically identified in subsections 4 to 7 ; a representative of a corporation created pursuant to former Title 20, section 2237 and Title 20‑A, section 11407 ; and a representative of the Governor designated each year by the Governor may reallocate, by written agreement executed by no fewer than 4 of the 5 voting representatives, carryforward amounts from one of the specific issuers designated in this section to another specific issuer. [PL 1999, c. 728, §7 (AMD).]

10. Allocation for benefit of State. All of the allocation of the state ceiling must be used for a purpose that benefits individuals, communities or businesses in this State. For purposes of this subsection, a bond issuance is presumed to benefit individuals, communities or businesses in this State if it benefits business operations located in this State, residents of this State, students attending institutions of higher education in this State, residents of this State attending institutions of higher education outside this State, municipalities in this State or programs predominantly for the provision of benefits for residents of this State. A student eligible to receive the benefit of a portion of the state ceiling remains eligible for student loans notwithstanding any changes in residency or institution attended. [PL 2007, c. 520, §2 (AMD).]

11. Annual review. [PL 2017, c. 234, §2 (RP).]
10 M.R.S. § 9005-A — ME Code / Title 10 / Part 11 / Chapter 951 / Section 9005-A
10 §9005-A. Powers and duties
Status: in_force

The board shall administer and enforce the provisions of this chapter. [PL 2007, c. 402, Pt. D, §4 (NEW).]

The board shall propose, revise, adopt and enforce rules necessary to carry out this chapter in accordance with the provisions of Title 5, chapter 375, subchapter 2 . Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2 -A . The board may delegate the enforcement authority to employees. [PL 2007, c. 402, Pt. D, §4 (NEW).]
10 M.R.S. § 1310 — ME Code / Title 10 / Part 3 / Chapter 209-B / Section 1310
10 §1310. Additional requirements for persons subject to this chapter
Status: in_force

In addition to the compliance requirements of section 1309, subsection 1 , a person subject to this chapter shall comply with this section. [PL 2013, c. 228, §1 (NEW).]

1. Security freeze by consumer reporting agency; time in effect. A person subject to this chapter shall comply with the following provisions regarding security freezes. A. A consumer may place a security freeze on the consumer's consumer report as follows. (2) Prior to October 1, 2015, a consumer who has not been the victim of identity theft may place a security freeze on the consumer's consumer report by making a request in writing by certified mail to a consumer reporting agency. A consumer reporting agency may charge a fee of no more than $10 to a consumer for each security freeze, removal of a security freeze or temporary suspension of a security freeze for a period of time or for reissuing the same or a new personal identification number if the consumer fails to retain the original personal identification number provided by the agency under paragraph D . A consumer reporting agency may charge a fee of not more than $12 for a temporary suspension of a security freeze for a specific party. Beginning October 1, 2015, a consumer reporting agency may not charge a fee for placing, removing or suspending for a specific party or period of time a security freeze on a consumer report. B. Subject to the exceptions in paragraph M , when a security freeze has been placed on an account the consumer reporting agency may not: (1) Release the consumer report or any information from it without the express authorization of the consumer; or (2) Release information from a consumer report to a 3rd party without express authorization of the consumer. This subparagraph does not prevent a consumer reporting agency from advising a 3rd party that a security freeze is in effect with respect to the consumer report. [PL 2013, c. 228, §1 (NEW).] C. A consumer reporting agency shall place a security freeze on a consumer report no later than 5 business days after receiving a written request from the consumer. [PL 2013, c. 228, §1 (NEW).] D. The consumer reporting agency shall send a written confirmation of the security freeze to the consumer within 10 business days after receiving a written request from the consumer and shall provide the consumer with a personal identification number or password, other than the consumer's social security number, to be used by the consumer when providing authorization for the release of the consumer report to a specific party or for a period of time. [PL 2013, c. 228, §1 (NEW).] E. If a consumer wishes to allow access to a consumer report by a specific party or for a period of time while a security freeze is in place, the consumer may contact the consumer reporting agency, request that the security freeze be temporarily suspended and provide the following: (1) Proper identification; (2) The personal identification number or password provided by the consumer reporting agency pursuant to paragraph D ; and (3) The proper information regarding the specific party granted access or the time period for which the consumer report is to be available to users. [PL 2013, c. 228, §1 (NEW).] F. A consumer reporting agency may develop procedures involving the use of telephone, facsimile transmission, the Internet or other medium of electronic communications to receive and process a request from a consumer to temporarily suspend a security freeze on a consumer report pursuant to paragraph E in an expedited manner. A consumer reporting agency may not charge a fee to a consumer for use of these procedures in excess of those fees otherwise permitted under this section. [PL 2013, c. 228, §1 (NEW).] G. A consumer reporting agency that receives a request from a consumer to temporarily suspend a security freeze on a consumer report pursuant to paragraph E shall comply with the request no later than 3 business days after receiving the request. [PL 2013, c. 228, §1 (NEW).] H. A consumer reporting agency shall remove or temporarily suspend a security freeze placed on a consumer report only: (1) Upon consumer request pursuant to paragraph E or K ; or (2) If the security freeze was due to a material misrepresentation of fact by the consumer. If a consumer reporting agency intends to remove a security freeze from a consumer report pursuant to this subparagraph, the consumer reporting agency shall notify the consumer in writing prior to removing the security freeze. [PL 2013, c. 228, §1 (NEW).] I. If a 3rd party requests access to a consumer report on which a security freeze is in effect and this request is in connection with an application for credit or any other use and the consumer does not allow access to the consumer report for that specific party or period of time, the 3rd party may treat the application as incomplete. [PL 2013, c. 228, §1 (NEW).] J. If a consumer requests a security freeze pursuant to this subsection, the consumer reporting agency shall disclose to the consumer the processes of placing and temporarily lifting a security freeze and the process for allowing access to information from the consumer report for a specific party or period of time while the security freeze is in place. A consumer reporting agency shall provide a sample copy of the agency's disclosure form to the administrator at the annual registration or reregistration under section 1310‑A and any time there is a material change in the disclosure form required by this paragraph. [PL 2013, c. 228, §1 (NEW).] K. A security freeze must remain in place until the consumer requests that the security freeze be removed. A consumer reporting agency shall remove a security freeze within 3 business days of receiving a request for removal from a consumer who provides: (1) Proper identification; and (2) The personal identification number or password provided by the consumer reporting agency pursuant to paragraph D . [PL 2013, c. 228, §1 (NEW).] L. A consumer reporting agency shall require proper identification of the person making a request to place or remove a security freeze. [PL 2013, c. 228, §1 (NEW).] M. The provisions of this subsection, including the security freeze, do not apply to the use of a consumer report by: (1) A person or person's subsidiary, affiliate, agent or assignee with which the consumer has or, prior to assignment, had an account, contract or debtor-creditor relationship for the purposes of reviewing the account or collecting the financial obligation owing for the account, contract or debt or extending credit to a consumer with a prior or existing account, contract or debtor-creditor relationship, subject to the requirements of 15 United States Code, Section 1681b. For purposes of this subparagraph, "reviewing the account" includes activities related to account maintenance, monitoring, credit line increases and account upgrades and enhancements; (2) A subsidiary, affiliate, agent, assignee or prospective assignee of a person to whom access has been granted under paragraph E for purposes of facilitating the extension of credit or another permissible use; (3) A person acting pursuant to a court order, warrant or subpoena; (4) Child support enforcement officials when investigating a child support case pursuant to Title 19‑A or the federal Social Security Act, Title IV‑D; (5) The Department of Health and Human Services or its agents or assignees acting to investigate Medicaid fraud; (6) The Department of Administrative and Financial Services, Maine Revenue Services; municipal taxing authorities; the Secretary of State, Bureau of Motor Vehicles; or any of their agents or assignees, acting to investigate or collect delinquent taxes or assessments, including interest and penalties and unpaid court orders, or to fulfill any of their other statutory or charter responsibilities; (7) A person's use of credit information for prescreening as provided by the federal Fair Credit Reporting Act or this chapter; (8) A person for the sole purpose of providing a credit file monitoring subscription service to which the consumer has subscribed; (9) A consumer reporting agency for the sole purpose of providing a consumer with a copy of that consumer's report upon the consumer's request; and (10) The administrator pursuant to section 1310‑A . [PL 2013, c. 228, §1 (NEW).] [PL 2015, c. 139, §2 (AMD).]

1-A. Security freeze for a protected consumer. Beginning October 1, 2015, a person subject to this chapter shall comply with the following provisions regarding a security freeze for a protected consumer. A. A consumer reporting agency shall place a security freeze for a protected consumer if: (1) The consumer reporting agency receives a request from the protected consumer's representative for the placement of the security freeze under this subsection; and (2) The protected consumer's representative: (a) Submits the request to the consumer reporting agency at the address or other point of contact and in the manner specified by the consumer reporting agency; (b) Provides to the consumer reporting agency sufficient proof of identification of the protected consumer and the representative; (c) Provides to the consumer reporting agency sufficient proof of authority to act on behalf of the protected consumer; and (d) Pays to the consumer reporting agency any fee, as provided in paragraph H . [PL 2015, c. 139, §3 (NEW).] B. If a consumer reporting agency does not have a file pertaining to a protected consumer when the consumer reporting agency receives a request under this subsection, the consumer reporting agency shall create a record for the protected consumer. This record may not be created or used to consider the protected consumer's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living for any purpose listed in 15 United States Code, Section 1681b. [RR 2015, c. 1, §4 (COR).] C. Within 30 days after receiving a request that meets the requirements of this subsection, a consumer reporting agency shall place a security freeze for the protected consumer on the record created for the protected consumer or on the file pertaining to the protected consumer in the event that the consumer reporting agency already has a file pertaining to the protected consumer. [PL 2015, c. 139, §3 (NEW).] D. Unless a security freeze for a protected consumer is removed in accordance with this subsection, a consumer reporting agency may not release the protected consumer's consumer report, any information derived from the protected consumer's consumer report, or any record created for the protected consumer. [PL 2015, c. 139, §3 (NEW).] E. A security freeze for a protected consumer placed under this subsection remains in effect until: (1) The protected consumer or the protected consumer's representative requests the consumer reporting agency to remove the security freeze in accordance with this subsection; or (2) The security freeze is removed in accordance with paragraph F or I . [PL 2015, c. 139, §3 (NEW).] F. If a protected consumer or a protected consumer's representative wishes to remove a security freeze for the protected consumer, the protected consumer or the protected consumer's representative shall: (1) Submit a request for the removal of the security freeze to the consumer reporting agency at the address or other point of contact and in the manner specified by the consumer reporting agency; (2) Provide to the consumer reporting agency: (a) In the case of a request by the protected consumer: (i) Proof that the sufficient proof of authority for the protected consumer's representative to act on behalf of the protected consumer is no longer valid or that the protected consumer has attained the age of 16; and (ii) Sufficient proof of identification of the protected consumer; or (b) In the case of a request by the representative of a protected consumer: (i) Sufficient proof of identification of the protected consumer and the representative; and (ii) Sufficient proof of authority to act on behalf of the protected consumer; and (3) Pay to the consumer reporting agency any fee authorized in paragraph H . [PL 2015, c. 139, §3 (NEW).] G. Within 30 days after receiving a request that meets the requirements for removing a security freeze for a protected consumer, the consumer reporting agency shall remove the security freeze. [PL 2015, c. 139, §3 (NEW).] H. A consumer reporting agency may charge a reasonable fee, not exceeding $10 for each placement or removal of a security freeze for a protected consumer, except that a consumer reporting agency may not charge a fee for placement or removal of a security freeze for a protected consumer if: (1) The protected consumer or the protected consumer's representative: (a) Has obtained a report of alleged identity theft or fraud against the protected consumer; and (b) The representative provides a copy of the report to the consumer reporting agency; (2) The consumer reporting agency has a consumer report pertaining to the protected consumer; or (3) The protected consumer or the protected consumer's representative: (a) Receives a notice from an information broker or other person of a security breach as required by section 1348 ; and (b) Provides a copy of that notice to the consumer reporting agency. [PL 2015, c. 139, §3 (NEW).] I. A consumer reporting agency shall remove a security freeze for a protected consumer or delete a record of a protected consumer if the security freeze was placed or the record was created based on a material misrepresentation of fact by the protected consumer or the protected consumer's representative. [PL 2015, c. 139, §3 (NEW).] J. The provisions of this subsection do not apply to the use of a consumer report by: (1) A person administering a credit file monitoring subscription service to which the protected consumer has subscribed or to which a representative has subscribed on behalf of a protected consumer; (2) A consumer reporting agency for the sole purpose of providing the protected consumer or the protected consumer's representative a copy of the protected consumer's consumer report upon the request of the protected consumer or the protected consumer's representative; (3) An entity described in subsection 1, paragraph M , subparagraphs (3), (4), (5) and (10); or (4) A consumer reporting agency's database or file that consists of information concerning, and used for, one or more of the following: criminal record information, fraud prevention or detection, personal loss history information, and employment, tenant or background screening. [PL 2015, c. 139, §3 (NEW).] K. A person may not be held liable for any violation of this subsection if the person shows by a preponderance of the evidence that at the time of the alleged violation the person maintained reasonable procedures to ensure compliance with the provisions of this subsection. [PL 2015, c. 139, §3 (NEW).] For the purposes of this subsection, "record" means a compilation of information that identifies a protected consumer and is created by a consumer reporting agency solely for the purpose of complying with this subsection. [RR 2015, c. 1, §4 (COR).]

2. Duties of consumer reporting agency if security freeze is in place. If a security freeze is in place, a consumer reporting agency may not change any of the following official information in a consumer report without sending written confirmation of the change to the consumer within 30 days after the change is posted to the consumer's file: name, date of birth, social security number and address. Written confirmation is not required for technical modifications of a consumer's official information, including name and street abbreviations, complete spellings and transposition of numbers or letters. In the case of an address change, the written confirmation must be sent to the new address and the former address. [PL 2013, c. 228, §1 (NEW).]

3. Persons not required to place security freeze. The following persons are not required to place a security freeze pursuant to subsection 1 or 1‑A , except that any person that is not required to place a security freeze under the provisions of subsection 1 or 1‑A is subject to a security freeze placed by another consumer reporting agency from which it obtains information: A. A check services or fraud prevention services company that reports on incidents of fraud or issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers or similar methods of payment; [PL 2013, c. 228, §1 (NEW).] B. A deposit account information services company that issues reports regarding account closures due to fraud, overdrafts, automated teller machine abuse or similar negative information regarding a consumer to inquiring financial institutions for use only in reviewing that consumer's request for a deposit account at the inquiring financial institution; and [PL 2013, c. 228, §1 (NEW).] C. A consumer reporting agency that: (1) Acts only to resell credit information by assembling and merging information contained in a database of one or more consumer reporting agencies; and (2) Does not maintain a permanent database of credit information from which new consumer reports are produced. [PL 2013, c. 228, §1 (NEW).] [PL 2015, c. 139, §4 (AMD).]

4. Reporting of child support debts. Information regarding child support debt must be provided as required under this subsection. A. The Department of Health and Human Services, upon request of a consumer reporting agency, shall make available information regarding the amount of overdue child support owed by any parent. [PL 2013, c. 228, §1 (NEW).] B. Prior to making the information available to a requesting agency, the department shall provide the obligor parent with notice of the proposed action. The parent must be given 20 days in which to contest the accuracy of the information before the information may be made available. [PL 2013, c. 228, §1 (NEW).] C. The department may impose a fee upon the requesting agency in an amount not exceeding the actual cost of providing the information. [PL 2013, c. 228, §1 (NEW).] Nothing in this section prevents the department from voluntarily providing information to a consumer reporting agency regarding any individual who is indebted to the department for failure to pay child support. [PL 2013, c. 228, §1 (NEW).]

5. Solicitation of loans using prescreened trigger lead information from consumer report. Solicitation of loans using prescreened trigger lead information from consumer reports is subject to the requirements of this subsection. For the purposes of this subsection, "prescreened trigger lead information" means information in a consumer report provided to a nonaffiliated 3rd party by a consumer reporting agency that the agency has reason to believe will be used to solicit a loan or extension of credit. A. When using prescreened trigger lead information derived from a consumer report to solicit a consumer who has applied for a loan with another lender or loan broker, a lender or loan broker may not use unfair or deceptive practices described in paragraph B . [PL 2013, c. 228, §1 (NEW).] B. Without limitation, it is an unfair or deceptive practice to: (1) Fail to state in the initial phase of the solicitation from a lender or loan broker that the solicitor is not affiliated with the lender or loan broker with which the consumer initially applied; (2) Fail in the initial solicitation to conform to state and federal law relating to prescreened solicitations using consumer reports, including the requirement to make a firm offer of credit to the consumer; (3) Knowingly or negligently use information regarding consumers who have opted out of prescreened offers of credit or who have placed their contact information on the most current federal do-not-call registry; or (4) Solicit a consumer with offers of certain rates, terms and costs with intent to subsequently raise the rates or change the terms to the consumer's detriment. [PL 2013, c. 228, §1 (NEW).] [PL 2013, c. 228, §1 (NEW).]

6. Consumer mortgage reports. In any consumer credit transaction involving a consumer report relating to a loan to be secured by a first mortgage on an owner-occupied dwelling, whenever a user has requested such a report and because or partly because of information contained in the report adverse action is taken, the user shall provide a copy of the report to the consumer. This requirement does not apply if the consumer reporting agency provides a copy of the report to the consumer. [PL 2013, c. 228, §1 (NEW).]

7. Dissemination of consumer report information prohibited. Every user of a consumer report or an investigative consumer report is prohibited from disseminating to any other person, other than the consumer who is the subject of the report, any such report other than information contained in its own files as a result of its direct experience with the consumer. Except for information or records obtained directly or indirectly and with the consent of the individual to whom it relates, from a licensed physician, medical practitioner, hospital, clinic or other medical or medically related facility, a consumer reporting agency may not by contract or otherwise prohibit a user of any consumer report or investigative consumer report from disclosing the contents of the report to the consumer to whom it relates. A contractual provision in violation of this section is unenforceable. [PL 2013, c. 228, §1 (NEW).]

8. Medical expenses debts; court or administrative orders. A debt collector may report overdue medical expenses for a minor child to a consumer reporting agency, but only in the name of the responsible party identified in a court order or administrative order and only if the debt collector is notified orally or in writing of the existence of the order. In addition, a report may not be made until after the debt collector has notified, or made a good faith effort to notify, the responsible party of that party's obligation to pay the overdue medical expenses. Existing information regarding overdue medical expenses for a minor child in the name of a person other than the responsible party identified in a court order or administrative order is considered inaccurate information and is subject to correction. A debt collector or consumer reporting agency may request reasonable verification of the order, including a certified copy of the order. [PL 2013, c. 228, §1 (NEW).]

9. Nonliability. A person may not be held liable for any violation of this section if the person shows by a preponderance of the evidence that at the time of the alleged violation the person maintained reasonable procedures to ensure compliance with the provisions of this section. [PL 2013, c. 228, §1 (NEW).]
10 M.R.S. § 9063 — ME Code / Title 10 / Part 11 / Chapter 951 / Section 9063
10 §9063. Rules
Status: in_force

The commissioner is authorized to issue, amend and revoke rules as necessary to implement all procedures required of a state administrative agency pursuant to 24 Code of Federal Regulations, Paragraph 3282 and 42 United States Code, Sections 5401 to 5426, including the implementation of a consumer complaint handling process and the holding of hearings. In the event of a conflict between this chapter and the National Manufactured Housing Construction and Safety Standards Act of 1974 involving the state administrative agency program, the National Manufactured Housing Construction and Safety Standards Act of 1974 prevails. [PL 1995, c. 353, §2 (AMD).]
10 M.R.S. § 1527 — ME Code / Title 10 / Part 4 / Chapter 301-A / Section 1527
10 §1527. Cancellation; classification
Status: in_force

1. Cancellation required. The Secretary of State shall cancel from the register: A. After one year from the effective date of this chapter, all registrations under prior Acts which are more than 10 years old and not renewed in accordance with this chapter; [PL 1979, c. 572, §2 (NEW).] B. Any registration on file when the Secretary of State receives a voluntary request for cancellation from the registrant or the assignee of record. The cancellation must be in writing and recorded with the Secretary of State and accompanied by a filing fee of $10, payable to the Treasurer of State. The Secretary of State may prescribe a form for this purpose. The Secretary of State, upon the recording of a cancellation under this paragraph, shall issue an attested copy to the remitter of the instrument; [PL 2007, c. 535, Pt. A, §1 (AMD); PL 2007, c. 535, Pt. A, §7 (AFF).] C. All registrations granted under this chapter and not renewed in accordance with the chapter; [PL 1979, c. 572, §2 (NEW).] D. Any registration concerning which a court of competent jurisdiction shall find: (1) That the registered mark has been abandoned; (2) That the registrant is not the owner of the mark; (3) That the registration was granted improperly; (4) That the registration was obtained fraudulently; (5) That the registered mark is so similar, as to be likely to cause confusion or mistake or to deceive, to a mark registered by another person in the United States Patent and Trademark Office prior to the date of the filing of the application for registration by the registrant and not abandoned; except that, should the registrant prove that the registrant is the owner of a concurrent registration of the registrant's mark in the United States Patent and Trademark Office covering an area including this State, the registration may not be cancelled; or (6) That, in the case of a certification mark, the registrant does not control, or is not able legitimately to exercise control over, the use of the mark; engages in the production or marketing of any goods or services to which the certification mark is applied; permits the use of the certification mark for purposes other than to certify; or discriminately refuses to certify or to continue to certify the goods or services of any person who maintains the standards or conditions which the mark certifies; and [RR 2023, c. 2, Pt. C, §41 (COR).] E. When a court of competent jurisdiction shall order cancellation of a registration on any ground. [PL 1979, c. 572, §2 (NEW).] [RR 2023, c. 2, Pt. C, §41 (COR).]

2. Classification. The following general classes of goods and services are established for convenience of administration of this chapter, but not to limit or extend the applicant's or registrant's rights and a single application for registration of a mark may include any or all goods upon which, or services with which, the mark is actually being used. If the goods or services fall in more than one class, an additional fee in the amount prescribed in section 1522, subsection 2 , shall be paid for each additional class. The classes are as follows: A. Goods and services: (1) Chemical products used in industry, science, photography, agriculture, horticulture, forestry; artificial and synthetic resins; plastics in the form of powders, liquids or pastes, for industrial use; natural and artificial manures; fire extinguishing compositions; tempering substances for preserving foodstuffs; tanning substances and adhesive substances used in industry; (2) Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; coloring matters, dyestuffs; mordants; natural resins and metals in foil and powder form for painters and decorators; (3) Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions and dentifrices; (4) Industrial oils and greases, other than oils and fats and essential oils; lubricants; dust laying and absorbing compositions; fuels, including motor spirit and illuminants and candles, tapers, night lights and wicks; (5) Pharmaceutical, veterinary and sanitary substances; infants' and invalids' foods; plasters, material for bandaging; material for stopping teeth, dental wax, disinfectants and preparations for killing weeds and destroying vermin; (6) Unwrought and partly wrought common metals and their alloys; anchors, anvils, bells, rolled and cast building materials; rails and other metallic materials for railway tracks; chains, except driving chains for vehicles; nonelectric cables and wires; locksmiths' work; metallic pipes and tubes; safes and cash boxes; steel balls; horseshoes; nails and screws; other goods in nonprecious metal not included in other classes and ores; (7) Machines and machine tools; motors, except for land vehicles; machine couplings and belting, except for land vehicles; large size agricultural implements and incubators; (8) Hand tools and instruments; cutlery, forks and spoons and side arms; (9) Scientific, nautical, surveying and electrical apparatus and instruments, including wireless apparatus and instruments, photographic, cinematographic, optical, weighing, measuring, signaling, checking, supervision, lifesaving and teaching apparatus and instruments; coin or counterfreed apparatus; talking machines, cash registers; calculating machines and fire extinguishing apparatus; (10) Surgical, medical, dental and veterinary instruments and apparatus, including artificial limbs, eyes and teeth; (11) Installations for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes; (12) Vehicles and apparatus for locomotion by land, air or water; (13) Firearms; ammunition and projectiles; explosive substances and fireworks; (14) Precious metals and their alloys and goods in precious metals or coated therewith, except cutlery, forks and spoons and jewelry, precious stones, horological and other chronometric instruments; (15) Musical instruments, other than talking machines and wireless apparatus; (16) Paper, cardboard, articles of paper or of cardboard, not included in other classes; printed matter, newspapers and periodicals, books; bookbinding material; photographs; stationery, adhesive stationery materials; artists' materials; paint brushes; typewriters and office requisites, other than furniture; instructional and teaching material, other than apparatus; playing cards; printers' type and stereotype cliches; (17) Gutta percha, india rubber, balata and substitutes, articles made from these substances and not included in other classes; plastics in the form of sheets, blocks and rods, being for use in manufacture; materials for packing, stopping or insulating; asbestos, mica and their products and nonmetallic hose pipes; (18) Leather and imitations of leather, and articles made from these materials and not included in other classes; skins, hides; trunks and traveling bags, umbrellas, parasols and walking sticks and whips, harness and saddlery; (19) Building materials, natural and artificial stone, cement, lime, mortar, plaster and gravel; pipes of earthenware or cement; road-making materials; asphalt, pitch and bitumen; portable buildings; stone monuments and chimney pots; (20) Furniture, mirrors, picture frames and articles, not included in other classes, of wood, cork, reeds, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, celluloid, substitutes for all these materials or of plastics; (21) Small domestic utensils and containers, not of precious metals, or coated therewith; combs and sponges; brushes, other than paint brushes; brushmaking materials; instruments and material for cleaning purposes, steel wool; unworked or semiworked glass, excluding glass used in building and glassware, porcelain and earthenware, not included in other classes; (22) Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks; padding and stuffing materials, such as hair, kapok, feathers, seaweed and raw fibrous textile materials; (23) Yarns and threads; (24) Tissue piece goods; bed and table covers and textile articles not included in other classes; (25) Clothing, including boots, shoes and slippers; (26) Lace and embroidery, ribands and braid; buttons, press buttons, hooks and eyes, pins and needles and artificial flowers; (27) Carpets, rugs, mats and matting; linoleums and other materials for covering existing floors and nontextile wall hangings; (28) Games and playthings; gymnastic and sporting articles, except clothing and ornaments and decorations for Christmas trees; (29) Meats, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams; eggs, milk and other dairy products; edible oils and fats; preserves and pickles; (30) Coffee, tea, cocoa, sugar, rice, tapioca, sago, coffee substitutes; flour, and preparations made from cereals; bread, biscuits, cakes, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard, pepper, vinegar, sauces, spices and ice; (31) Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds; live plants and flowers; foodstuffs for animals and malt; (32) Beer, ale and porter; mineral and aerated waters and other nonalcoholic drinks and syrups and other preparations for making beverages; (33) Wines, spirits and liqueurs; (34) Tobacco, raw or manufactured; smokers' articles and matches; and (35) Merchandise not otherwise classified; (36) Advertising and business; (37) Insurance and financial; (38) Construction and repair; (39) Communication; (40) Transportation and storage; (41) Material treatment; (42) Education and entertainment; and (43) Services not otherwise classified. [PL 1997, c. 376, §6 (AMD).] [PL 1997, c. 376, §6 (AMD).]
10 M.R.S. § 176 — ME Code / Title 10 / Part 1 / Chapter 3 / Section 176
10 §176. Low-level Waste Siting Fund (REALLOCATED TO TITLE 38, SECTION 1477)
Status: in_force

(REALLOCATED TO TITLE 38, SECTION 1477)
10 M.R.S. § 3328 — ME Code / Title 10 / Part 7 / Chapter 606 / Section 3328
10 §3328. Request for injunction
Status: in_force

The plaintiff in an action that is brought to foreclose any of the liens that are provided for in this chapter may, in a proper case, and upon proper allegations, secure an injunction against the processor to restrain the doing of any acts on the part of the processor that are designed to or that would, in effect, remove any processed product in the possession of or under the control of the processor and upon which valid liens exist, beyond the process of the court, to plaintiff's injury. [RR 2023, c. 2, Pt. C, §79 (COR).]
10 M.R.S. § 2365-B — ME Code / Title 10 / Part 6 / Chapter 501 / Section 2365-B
10 §2365-B. Persons licensed to measure and scale wood
Status: in_force

Beginning September 1, 1985, there shall be at least one person licensed to measure and scale wood residing in each of the following 3 regions of the State: Aroostook County, Penobscot-Piscataquis Counties and Washington-Hancock Counties. [PL 1985, c. 501, Pt. B, §18 (NEW).]
10 M.R.S. § 1363 — ME Code / Title 10 / Part 3 / Chapter 211-A / Section 1363
10 §1363. Prohibited conduct
Status: in_force

The following are unfair methods of competition and unfair and deceptive practices. [PL 1993, c. 195, §1 (NEW).]

1. Damage to public. It is unlawful for a manufacturer, distributor or dealer to engage in an action that is arbitrary, in bad faith or unconscionable and that causes damage to another manufacturer, distributor or dealer or to the public. [PL 1993, c. 195, §1 (NEW).]

2. Coercion involving deliveries and orders. It is unlawful for a manufacturer or an officer, agent or other representative of a manufacturer to coerce or attempt to coerce a dealer or distributor: A. To order or accept delivery of goods or parts or accessories for goods or other commodities that the distributor or dealer has not voluntarily ordered; or [PL 1993, c. 195, §1 (NEW).] B. To order goods or a commodity for a person. [PL 1993, c. 195, §1 (NEW).] [PL 1993, c. 195, §1 (NEW).]

3. Certain interference in business. It is unlawful for a manufacturer or an officer, agent or other representative of a manufacturer: A. To coerce or attempt to coerce a distributor or dealer to enter into an agreement with that manufacturer or officer, agent or other representative or to act in a manner that is prejudicial to a distributor or dealer by threatening to cancel a franchise or a contractual agreement between the manufacturer and the distributor or dealer. However, notice in good faith to a distributor or dealer of violation of any terms or provisions of a franchise or contractual agreement does not constitute a violation of this chapter; [PL 1993, c. 195, §1 (NEW).] B. To cancel, terminate, fail to renew or refuse to continue a franchise relationship with a distributor or dealer, notwithstanding the terms, provisions or conditions of an agreement or franchise or the terms or provisions of a waiver, unless a manufacturer: (1) Has satisfied the notice requirement of section 1366 ; (2) Has acted in good faith as defined in this chapter; and (3) Has good cause for the cancellation, termination, nonrenewal or noncontinuance; or [PL 1993, c. 195, §1 (NEW).] C. To terminate, fail to renew or refuse to continue any franchise relationship with a distributor or dealer, notwithstanding the terms, provisions or conditions of an agreement or franchise or the terms or provisions of a waiver, without good cause. The manufacturer has good cause for a termination, cancellation, nonrenewal or noncontinuance as follows. (1) Failure by the distributor or dealer to comply with a provision of the franchise agreement that is reasonable and of material significance to the franchise relationship when the manufacturer first acquired actual or constructive knowledge of the failure not more than 180 days before the date on which written notification is given pursuant to section 1366 is good cause. (2) If the failure by the distributor or dealer, as set forth in subparagraph (1), relates to the performance by the distributor or dealer in sales or service, then good cause is the failure of the distributor or dealer to carry out effectively the performance provisions of the franchise when: (a) The distributor or dealer was notified by the manufacturer in writing of that failure, the notification stated that notice was provided of failure of performance pursuant to this section and the distributor or dealer was given a reasonable opportunity for a period of not less than 6 months to make good-faith efforts to carry out the performance provisions; (b) The failure continued within the period that began not more than 180 days before the date on which notification of termination, cancellation or nonrenewal was given pursuant to section 1366 ; and (c) The distributor or dealer has not substantially complied with reasonable performance criteria established by the manufacturer and communicated to the distributor or dealer. (3) There is good cause when the manufacturer and the dealer or distributor agree not to renew the franchise. (4) There is good cause when the manufacturer discontinues production or distribution of the franchise goods. [PL 1993, c. 195, §1 (NEW).] [PL 1993, c. 195, §1 (NEW).]
10 M.R.S. § 1348 — ME Code / Title 10 / Part 3 / Chapter 210-B / Section 1348
10 §1348. Security breach notice requirements
Status: in_force

1. Notification to residents. The following provisions apply to notification to residents by information brokers and other persons. A. If an information broker that maintains computerized data that includes personal information becomes aware of a breach of the security of the system, the information broker shall conduct in good faith a reasonable and prompt investigation to determine the likelihood that personal information has been or will be misused and shall give notice of a breach of the security of the system following discovery or notification of the security breach to a resident of this State whose personal information has been, or is reasonably believed to have been, acquired by an unauthorized person. [PL 2005, c. 583, §6 (NEW); PL 2005, c. 583, §14 (AFF).] B. If any other person who maintains computerized data that includes personal information becomes aware of a breach of the security of the system, the person shall conduct in good faith a reasonable and prompt investigation to determine the likelihood that personal information has been or will be misused and shall give notice of a breach of the security of the system following discovery or notification of the security breach to a resident of this State if misuse of the personal information has occurred or if it is reasonably possible that misuse will occur. [PL 2005, c. 583, §6 (NEW); PL 2005, c. 583, §14 (AFF).] The notices required under paragraphs A and B must be made as expediently as possible and without unreasonable delay, consistent with the legitimate needs of law enforcement pursuant to subsection 3 or with measures necessary to determine the scope of the security breach and restore the reasonable integrity, security and confidentiality of the data in the system. If there is no delay of notification due to law enforcement investigation pursuant to subsection 3 , the notices must be made no more than 30 days after the person identified in paragraph A or B becomes aware of a breach of security and identifies its scope. [PL 2019, c. 512, §2 (AMD).]

2. Notification to person maintaining personal information. A 3rd-party entity that maintains, on behalf of a person, computerized data that includes personal information that the 3rd-party entity does not own shall notify the person maintaining personal information of a breach of the security of the system immediately following discovery if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. [PL 2005, c. 583, §7 (AMD); PL 2005, c. 583, §14 (AFF).]

3. Delay of notification; criminal investigation by law enforcement. If, after the completion of an investigation required by subsection 1 , notification is required under this section, the notification required by this section may be delayed for no longer than 7 business days after a law enforcement agency determines that the notification will not compromise a criminal investigation. [PL 2009, c. 161, §3 (AMD); PL 2009, c. 161, §5 (AFF).]

4. Notification to consumer reporting agencies. If a person discovers a breach of the security of the system that requires notification to more than 1,000 persons at a single time, the person shall also notify, without unreasonable delay, consumer reporting agencies that compile and maintain files on consumers on a nationwide basis, as defined in 15 United States Code, Section 1681a(p). Notification must include the date of the breach, an estimate of the number of persons affected by the breach, if known, and the actual or anticipated date that persons were or will be notified of the breach. [PL 2005, c. 583, §8 (AMD); PL 2005, c. 583, §14 (AFF).]

5. Notification to state regulators. When notice of a breach of the security of the system is required under subsection 1 , the person shall notify the appropriate state regulators within the Department of Professional and Financial Regulation, or if the person is not regulated by the department, the Attorney General. [PL 2005, c. 583, §9 (AMD); PL 2005, c. 583, §14 (AFF).]
10 M.R.S. § 3606 — ME Code / Title 10 / Part 7 / Chapter 617 / Section 3606
10 §3606. Hemlock bark, cordwood and pulpwood
Status: in_force

A person who labors at cutting, peeling or hauling hemlock bark, or cutting, yarding or hauling cordwood, or cutting, peeling, yarding or hauling pulpwood or any wood used in the manufacture of pulpwood, or at cooking for persons engaged in such labor, has a lien thereon for the amount due for the person's personal labor and the services performed by the person's team, which takes precedence of all other claims, continues for 30 days after the contract is completed and may be enforced by attachment. [RR 2023, c. 2, Pt. C, §87 (COR).]
10 M.R.S. § 987 — ME Code / Title 10 / Part 2 / Chapter 110 / Section 987
10 §987. Standards for financing assistance
Status: in_force

In addition to the applicable provisions of section 986 , financing assistance provided pursuant to this subchapter shall not be provided for except upon a finding that the following criteria have been satisfied. [PL 1985, c. 344, §32 (AMD).]

1. Residence. If the person is seeking assistance for the purchase of agricultural land, the person is a resident of the State, or in the case of corporations, partnerships, joint ventures or other associations, the majority interest of the association shall be beneficially owned by residents of the State. If the person, corporation, partnership, joint ventures or other association is seeking assistance for some other purpose, a preference shall be given to residents. [PL 1983, c. 519, §7 (NEW).]

2. Location. The project is or will be located within the State. [PL 1985, c. 344, §32 (AMD).]

3. Experience. The person has sufficient education, training, ability and expertise in the type of natural resource enterprise for which financing assistance is requested. [PL 1983, c. 519, §7 (NEW).]

4. Access to resources. The person has or will have access to adequate resources in addition to the financing assistance provided under this subchapter to commence or continue the enterprise. [PL 1983, c. 519, §7 (NEW).]

5. Capital markets. [PL 1985, c. 344, §32 (RP).]

6. Agricultural land. If the financing assistance is for the acquisition of agricultural land, the person agrees in writing for such period as the authority shall specify to follow such soil conservation and related standards as the authority shall, by rule, adopt; not to convey the land without written permission of the authority and, in the case of farmland within the definition of Title 36, section 1102 , to apply and continue to elect to apply during the period of receipt of financing assistance for farm and open space classifications under Title 36, chapter 105, subchapter X . This agreement shall be recorded in the registry of deeds for the county or counties where the land is located. [PL 1985, c. 344, §32 (AMD).]

7. State policy. The natural resource enterprise will comply with enunciated state policy regarding soil conservation, environmental protection, agricultural development and similar state initiatives. In particular, all projects receiving financing assistance through the authority shall be in accordance with any plan adopted pursuant to section 984 and with the applicable planning, zoning, sanitary and building laws, ordinances and regulations of the State and of the locality in which the project is situated. [PL 1985, c. 344, §32 (AMD).]

8. Public benefit. The natural resource enterprise will provide for the betterment of the health and welfare of the inhabitants of the State and make a significant contribution to either the economic growth of the community or to the retention of agricultural land in production. For purposes of this section, the authority shall, by rule, adopt criteria defining the acceptable impact on employment, natural resource production, harvesting, marketing, land use and other factors. In reaching its determination in this regard, the authority shall be guided by the provisions of sections 981 and 982 . [PL 1985, c. 344, §32 (AMD).]
10 M.R.S. § 9048 — ME Code / Title 10 / Part 11 / Chapter 951 / Section 9048
10 §9048. Reciprocity
Status: in_force

1. Standards. If the board finds that the standards for the manufacture and inspection of manufactured housing prescribed by statute or regulation of another state or governmental agency meet the objectives of this chapter and the rules adopted pursuant to this chapter and are enforced satisfactorily by that other state or other governmental agency, or by their agents, the board may accept manufactured housing that has been certified by that other state or governmental agency as being in compliance with this chapter. The standards of another state are not considered to be satisfactorily enforced unless that other state provides for notification to the board of suspensions or revocations of approvals issued by that other state in a manner satisfactory to the board and so notifies the board. Acceptance of this notification does not remove the board's right to pursue remedies outlined in sections 9009 and 9011 . [PL 1993, c. 642, §29 (AMD).]

2. Suspension or revocation. Notwithstanding Title 5, section 10051 , the board may suspend or revoke the board's acceptance or certification, or both, of manufactured housing certified under the reciprocal provisions of this section, for the following causes: A. If the board determines that the standards for the manufacture and inspection of the manufactured housing of another state or governmental agency do not meet the objectives of this chapter and the rules adopted pursuant to this chapter; [PL 1993, c. 642, §29 (AMD).] B. The board determines that the standards for manufacture and inspection are not being enforced to the satisfaction of the board; or [PL 1981, c. 152, §14 (NEW).] C. The other state or governmental agency suspends or revokes its approval or certification. [PL 1981, c. 152, §14 (NEW).] [PL 1993, c. 642, §29 (AMD).]

3. Cooperation. In order to encourage reciprocity, the board shall cooperate with similar authorities in other jurisdictions, with national standards organizations and with model code procedures for testing, evaluating, approving and inspecting manufactured housing, and otherwise encouraging their production and acceptance. [PL 1981, c. 152, §14 (NEW).]

4. Agreement. The board shall not grant this reciprocity unless the recipient state enters into an agreement with the board whereby manufactured housing manufactured within Maine and regulated under the provisions of this chapter shall be deemed approved for sale in that recipient state. [PL 1981, c. 152, §14 (NEW).]

5. Formal agreements. The board, subject to the approval of the Commissioner of Professional and Financial Regulation, may enter into formal agreements with the agencies or authorities of other states, or other governmental agencies, or their agents, to carry out the purpose of this chapter. [PL 2007, c. 402, Pt. D, §10 (AMD).]
10 M.R.S. § 1213 — ME Code / Title 10 / Part 3 / Chapter 206 / Section 1213
10 §1213. Remedies
Status: in_force

A person likely to be damaged by a deceptive trade practice of another may be granted an injunction against it under the principles of equity and on terms that the court considers reasonable. Proof of monetary damage, loss of profits or intent to deceive is not required. Relief granted for the copying of an article shall be limited to the prevention of confusion or misunderstanding as to source. [PL 1969, c. 503 (NEW).]

The court in exceptional cases may award reasonable attorney's fees to the prevailing party. Costs or attorney's fees may be assessed against a defendant only if the court finds that the defendant has willfully engaged in a deceptive trade practice. [RR 2023, c. 2, Pt. C, §25 (COR).]

The relief provided in this section is in addition to remedies otherwise available against the same conduct under the common law or other statutes of this State. [PL 1969, c. 503 (NEW).]
10 M.R.S. § 9021 — ME Code / Title 10 / Part 11 / Chapter 951 / Section 9021
10 §9021. Licenses
Status: in_force

The board shall adopt rules governing qualifications for each category of license under its jurisdiction. [PL 1993, c. 642, §22 (NEW).]

1. Licenses required. Any person who engages in the business of manufacturing, brokering, distributing, selling, installing or servicing manufactured housing, regardless of the destination of the housing, must first obtain a license issued by the board. The board shall, within a reasonable time, issue a license to any person who intends to manufacture, sell, install or service manufactured housing in this State subject to filing and approval of an application. Any person who is licensed to conduct these activities by other state or federal law is exempt from this requirement when the law provides for specific authority to provide a particular service or preempts the requirement for such a license. Active licensees of the Real Estate Commission are exempt from the licensing requirement for selling or brokering used manufactured housing and new manufactured housing if such housing is sold or offered for sale by a licensee of the board. [PL 2017, c. 210, Pt. B, §14 (AMD).]

1-A. Initial training. All licensees and applicants for licensure must obtain initial training, including, but not limited to, the servicing and installation of manufactured housing. Applicants for initial licensure must complete the training before the board approves the application for licensure. [PL 2007, c. 402, Pt. D, §7 (AMD).]

2. License fees. [PL 2007, c. 402, Pt. D, §7 (RP).]

2-A. Fees. The Director of the Office of Professional and Occupational Regulation within the Department of Professional and Financial Regulation may establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes. The license fee to operate a manufactured housing community pursuant to subchapter 6 may not exceed a base fee of $60 plus an additional amount of up to $6 per manufactured home site. This fee must accompany each license application, including applications for manufactured housing community expansion and license renewal. The review and evaluation fees authorized by section 9083 may not exceed the actual cost of the review or evaluation. The fee for any inspection authorized by this chapter may not exceed the actual cost of the inspection. The fee for each warranty seal required by section 9006‑C, subsections 1 and 2 and each new dwelling unit required by section 9045 may not exceed $200. The fee for any other purpose authorized by this chapter may not exceed $200 annually. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2017, c. 210, Pt. B, §15 (AMD).]

3. License term. A license expires on the date set by the Commissioner of Professional and Financial Regulation pursuant to section 8003, subsection 4 for the licensing period for which the license was issued. A license may be renewed upon receipt of an application for renewal and the payment of the renewal fee as set pursuant to subsection 2‑A . A license may be renewed up to 90 calendar days after the date of expiration upon payment of a late fee in addition to the renewal fee. An applicant who submits an application for renewal more than 90 calendar days after the expiration date is subject to all requirements governing new applicants under this chapter. [PL 2009, c. 241, Pt. A, §5 (AMD).]

4. Renewals. A license may be renewed up to 90 days after the date of its expiration upon payment of a late fee in addition to the renewal fee as set under subsection 2‑A . If any licensee fails to renew within 90 days after expiration, that licensee is required to make a new application. [PL 2007, c. 402, Pt. D, §7 (AMD).]

5. Renewals. [PL 1981, c. 152, §13 (RP).]

6. Financial responsibility. The board may require bonding or other reasonable methods to ensure that manufacturers, dealers, developer dealers and others licensed under this chapter are financially responsible to fully comply with this chapter. [PL 2005, c. 344, §15 (AMD).]

7. Service of process. [PL 2013, c. 217, Pt. B, §3 (RP).]

8. Licensing penalties. [PL 2007, c. 402, Pt. D, §7 (RP).]

8-A. Denial or refusal to renew license; disciplinary action. In addition to the grounds enumerated in section 8003, subsection 5‑A, paragraph A , the board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by section 8003, subsection 5‑A for any of the following reasons: A. Accepting manufactured housing, directly or indirectly, from a manufacturer not licensed by the State pursuant to this chapter; [PL 2007, c. 402, Pt. D, §7 (NEW).] B. Selling or delivering, directly or indirectly, manufactured housing to a dealer or developer dealer not licensed by the State pursuant to this chapter; or [PL 2007, c. 402, Pt. D, §7 (NEW).] C. Violation of any of the provisions of chapter 213 . [PL 2007, c. 402, Pt. D, §7 (NEW).] [PL 2021, c. 676, Pt. A, §21 (AMD).]

9. Proof of sales tax registration. The board shall require that an applicant for a manufacturer, dealer or developer dealer license under this subchapter demonstrate that the applicant is registered with the State Tax Assessor for the collection of sales and use tax under Title 36, chapter 211 or that the applicant is not required to register under that chapter. [PL 2005, c. 344, §17 (AMD).]

10. License by endorsement. Notwithstanding any provision of this chapter to the contrary, the board, in accordance with section 8003‑H and any applicable rules adopted pursuant to that section, shall establish a process to issue a license by endorsement for each license authorized under this chapter that the board determines is appropriate for licensure by endorsement. An applicant may submit an application under the process established under this subsection or any other licensure process authorized in this chapter. [PL 2021, c. 642, §4 (NEW).]
10 M.R.S. § 1374 — ME Code / Title 10 / Part 3 / Chapter 212 / Section 1374
10 §1374. Lien
Status: in_force

1. Lien created. The operator of a self-service storage facility has a lien on all personal property stored within each leased space for rent, labor or other charges, and for expenses reasonably incurred in its sale, as provided in this Act. The lien attaches as of the date the occupant leases the space. [PL 2011, c. 376, §5 (AMD).]

2. Statement in rental agreement. The rental agreement must contain a statement, in bold type, advising the occupant: A. Of the existence of the lien; [PL 1989, c. 62 (NEW).] B. That property stored in the leased space may be sold to satisfy the lien if the occupant is in default; and [PL 1989, c. 62 (NEW).] C. That a sale will be held at the self-service storage facility where the personal property is stored or at the nearest suitable location or online. [PL 2025, c. 164, §5 (AMD).] [PL 2025, c. 164, §5 (AMD).]
10 M.R.S. § 1108 — ME Code / Title 10 / Part 3 / Chapter 201 / Section 1108
10 §1108. Final judgment or decree as prima facie evidence
Status: in_force

A final judgment or decree hereafter rendered in any civil or criminal proceeding brought by or on behalf of the State under the antitrust laws to the effect that a defendant has violated these laws shall be prima facie evidence against the defendant in any action or proceeding brought by any party against that defendant under such laws as to matters respecting which that judgment or decree would be an estoppel as between the parties thereto; provided that this section shall not apply to consent judgments or decrees entered before any testimony has been taken. Nothing contained in this section may be construed to impose any limitation on the application of collateral estoppel. [PL 1983, c. 340, §3 (NEW).]
10 M.R.S. § 1682 — ME Code / Title 10 / Part 4 / Chapter 308 / Section 1682
10 §1682. Rulemaking
Status: in_force

The Attorney General may adopt rules necessary to implement this chapter. [PL 1991, c. 836, §3 (NEW).]
10 M.R.S. § 9418 — ME Code / Title 10 / Part 13 / Chapter 1051 / Section 9418
10 §9418. Acceptance and distribution of electronic records by governmental agencies
Status: in_force

1. Option. Except as otherwise provided in section 9412, subsection 6 , each governmental agency of the State shall determine whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use and rely upon electronic records and electronic signatures. [PL 1999, c. 762, §2 (NEW).]

2. Specifics. To the extent that a governmental agency uses electronic records and electronic signatures under subsection 1 , the governmental agency, giving due consideration to security, may specify: A. The manner and format in which the electronic records must be created, generated, sent, communicated, received and stored and the systems established for those purposes; [PL 1999, c. 762, §2 (NEW).] B. If electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record and the identity of, or criteria that must be met by, any 3rd party used by a person filing a document to facilitate the process; [PL 1999, c. 762, §2 (NEW).] C. Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality and ability to be audited of electronic records; and [PL 1999, c. 762, §2 (NEW).] D. Any other required attributes for electronic records that are specified for corresponding nonelectronic records or reasonably necessary under the circumstances. [PL 1999, c. 762, §2 (NEW).] [PL 1999, c. 762, §2 (NEW).]

3. Not mandatory. Except as otherwise provided in section 9412, subsection 6 , this chapter does not require a governmental agency of the State to use or permit the use of electronic records or electronic signatures. [PL 1999, c. 762, §2 (NEW).]
10 M.R.S. § 2406 — ME Code / Title 10 / Part 6 / Chapter 501 / Section 2406
10 §2406. Inspection of packages
Status: in_force

The state sealer shall, from time to time, weigh or measure and inspect packages or amounts of commodities kept, offered or exposed for sale, sold or in the process of delivery, to determine whether the same contain the amounts represented and whether they be kept, offered or exposed for sale, or sold, in accordance with law. When such packages or amounts of commodities are found not to contain the amounts represented or are found to be kept, offered or exposed for sale in violation of law, the state sealer may order them off sale and may mark or stamp them as "illegal." These orders shall not be considered to be licensing or any adjudicatory proceeding, as those terms are defined by the Maine Administrative Procedure Act. No person shall sell, or keep, offer or expose for sale any package or amount of commodity that has been ordered off sale as provided in this section, unless and until such package or amount of commodity has been brought into full compliance with legal requirements, or dispose of any package or amount of commodity that has been ordered off sale and that has not been brought into compliance with legal requirements, in any manner, except with the specific approval of the state sealer. [PL 1977, c. 694, §180 (AMD).]
10 M.R.S. § 1185 — ME Code / Title 10 / Part 3 / Chapter 204 / Section 1185
10 §1185. Jurisdiction
Status: in_force

Any person who shall violate any provisions of this chapter shall be subject to the jurisdiction of the courts of this State, upon service of process in accordance with Title 14, chapter 203 , and consistent with the maximum limits of due process as decided by the United States Supreme Court. [PL 1975, c. 573 (NEW).]
10 M.R.S. § 1107 — ME Code / Title 10 / Part 3 / Chapter 201 / Section 1107
10 §1107. Investigation by Attorney General
Status: in_force

The Attorney General upon the Attorney General's own initiative or upon petition of 50 or more citizens of this State, shall investigate all seeming violations of sections 1102‑A and 1105 to 1107 , all contracts, combinations or conspiracies in restraint of trade or commerce, and all monopolies, and may require, by summons, the attendance and testimony of witnesses and the production of books and papers before the Attorney General relating to any such matter under investigation. The summons must be served in the same manner as summons for witnesses in criminal cases, and all provisions of law relating thereto apply to summonses issued under this section so far as they are applicable. All investigations or hearings thereunder or connected therewith to which witnesses are summoned or called upon to testify or to produce books, records or correspondence are confidential and must be held in the county where the act to be investigated is alleged to have been committed, or if the investigation is on petition it must be held in the county in which the petitioners reside. Books, records or correspondence produced in response to a summons issued under this section may be disclosed by the Attorney General with the consent of the producing party and in court pleadings or other papers filed in court. The expense of such investigation must be paid from the appropriation provided by Title 5, section 203 . [PL 2021, c. 182, §1 (AMD).]

If, upon investigation, it appears to the Attorney General that the laws of this State, including sections 1102-A or 1105 to 1107, have been violated in any respect, the Attorney General shall prosecute the guilty parties and present all available information bearing upon such apparent violation to the proper prosecuting officer of the United States. [PL 1991, c. 137, §4 (AMD).]

Any Justice of the Superior Court may by order, upon application of the Attorney General, compel the attendance of witnesses, the production of books and papers, including correspondence, and the giving of testimony, before the Attorney General in the same manner and to the same extent as before the Superior Court. Any failure to obey such order may be punishable by such court as a contempt. [PL 1991, c. 137, §4 (AMD).]
10 M.R.S. § 3651 — ME Code / Title 10 / Part 7 / Chapter 619 / Section 3651
10 §3651. Lien for wages; preference
Status: in_force

A person who digs, hauls or furnishes rock for the manufacture of lime has a lien on the lime for that person's personal service, and on the rock so furnished, for 30 days after the rock is manufactured into lime or until the lime is sold or shipped on board a vessel. A person who labors in quarrying or cutting and dressing granite in a quarry has a lien for that person's wages on all the granite quarried or cut and dressed in the quarry by that person or that person's co-laborers for 30 days after the granite is cut and dressed or until the granite is sold or shipped on board a vessel. A person who labors in mining, quarrying or manufacturing slate in a quarry has a lien for the wages of that person's labor on all slate mined, quarried or manufactured in the quarry by that person or that person's co-laborers for 30 days after the slate arrives at the port of shipment and until it has been shipped on board a vessel or laden in a car. The liens take precedence over all other claims and may be enforced by attachment within the times in this section. [RR 2023, c. 2, Pt. C, §90 (COR).]
10 M.R.S. § 1471 — ME Code / Title 10 / Part 3 / Chapter 217 / Section 1471
10 §1471. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings. [PL 1975, c. 770, §57 (NEW).]

1. Conspicuous. "Conspicuous or conspicuously" means that a term or clause is written or printed in a manner that so differentiates it from any accompanying matter that an ordinary person against whom it is to operate could be fairly presumed to have been made fully aware of the term or clause. [PL 1975, c. 770, §57 (NEW).]

2. Dealer. "Dealer" means and includes a natural person, firm, corporation, partnership and any other legal entity that is engaged in the business of selling, offering for sale or negotiating the sale of used motor vehicles, except auction businesses licensed by the Secretary of State and includes the officers, agents and employees thereof. "Dealer" also includes, but is not limited to, persons licensed to engage in the business of selling, offering for sale or negotiating the sale of used motor vehicles in states other than this State, finance companies and banks, except when the finance company or bank engages in the wholesale sale of a repossessed vehicle through an auction business licensed by the Secretary of State or to a vehicle dealer licensed by the Secretary of State, car rental companies and insurance companies that sell or transfer title to used motor vehicles within the State at licensed auction locations in this State or by any other means. "Dealer" does not include departments or agencies of the State when selling, offering for sale or negotiating the sale of used state-owned motor vehicles. [PL 1989, c. 198, §1 (AMD); PL 1989, c. 684, §1 (AMD).]

2-A. Extended service warranty. "Extended service warranty" means a service contract, not a warranty as that term is used in Title 11, Article 2 , that promises service in exchange for a fee and may also be referred to as "extended service contract." [PL 2005, c. 476, §1 (NEW).]

2-B. Livery service. "Livery service" means a service that for a fee arranges, schedules or procures a vehicle for rent or hire or provides a ride for hire. [PL 2015, c. 167, §1 (NEW).]

3. Mechanical defect. "Mechanical defect" means any defect, failure or malfunction of the mechanical system of a motor vehicle, including but not limited to the motor and transmission, electrical, hydraulic or suspension systems, and any defect, damage, failure or malfunction that affects the safety or normal use of a motor vehicle. [PL 1975, c. 770, §57 (NEW).]

4. Motor vehicle. "Motor vehicle" means any self-propelled vehicle designed primarily to transport not more than 14 individuals, except motorcycles as defined in Title 29‑A, section 101, subsection 38 , and any vehicles operated exclusively on a rail or rails. This definition is intended to include motor trucks that have a gross vehicle weight of not more than 10,000 pounds. [PL 1997, c. 393, Pt. A, §16 (AMD).]

5. Person. "Person" means and includes natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations and any other legal entities. [PL 1975, c. 770, §57 (NEW).]

6. Purchaser. "Purchaser" means any person who has obtained ownership of a used motor vehicle from a dealer by transfer, gift or purchase. [PL 1975, c. 770, §57 (NEW).]

6-A. Reconstructable motor vehicle. "Reconstructable motor vehicle" means a used motor vehicle that does not meet the inspection standards as set forth in Title 29‑A, section 1751 , and that is sold, offered for sale or negotiated for sale to a person other than another dealer for the purpose of transportation after repair or rebuilding. [PL 1995, c. 65, Pt. A, §19 (AMD); PL 1995, c. 65, Pt. A, §153 (AFF); PL 1995, c. 65, Pt. C, §15 (AFF).]

6-B. Seller. "Seller" means any person who sells a used motor vehicle to a dealer, including, but not limited to, individuals, other new or used motor vehicle dealers, motor vehicle manufacturers and insurance companies. [PL 1993, c. 112, §1 (NEW).]

6-C. Rideshare. "Rideshare" means a program, activity or action in which a person uses that person's private vehicle to transport a person for a fee. [PL 2015, c. 167, §1 (NEW).]

7. Used motor vehicle. "Used motor vehicle" means a motor vehicle that either has been once registered or is not covered by a manufacturer's new car warranty. [PL 1975, c. 770, §57 (NEW).]

7-A. Vehicle history report. "Vehicle history report" means a written or electronic report, record or document that describes or provides information on the service history of a vehicle. [PL 2015, c. 167, §1 (NEW).]

8. Warranty. Except as otherwise provided in this section, "warranty" has the same meaning in this chapter as in Title 11, Article 2 , and includes any expression or affirmation of a dealer's willingness or ability to repair the vehicle, or make it conform to other affirmations or expressions of its qualities, communicated in any manner to a purchaser at or before the agreement to sell. [PL 2005, c. 476, §2 (AMD).]