10 M.R.S. § 1066 — ME Code / Title 10 / Part 2 / Chapter 110 / Section 1066
10 §1066. Rentals and revenues
Status: in_force

1. Provisions. Before issuing revenue obligation securities for any project, the municipal officers shall determine that there will at all times be revenues and funds sufficient: A. To pay the principal of and the interest of the securities as they become due and payable and, in their discretion, to create and maintain reserves for that purpose; and [PL 1985, c. 714, §37 (AMD).] B. To pay the cost of maintaining and repairing the project unless provision is made in a lease or other contract for maintenance and repair. [PL 1985, c. 714, §37 (AMD).] [PL 1985, c. 714, §37 (AMD).]

2. Sinking fund. All project rentals and other revenues, except those required in subsection 1, paragraph B , or to provide reserves for maintenance and repair may be set aside at regular intervals, as provided in the resolution, financial document or trust agreement and deposited to the credit of a sinking fund charged with payment of the interest and principal of the securities as they fall due, any necessary charges of paying agents for paying principal and interest, and the redemption price or the purchase price of securities retired by call or purchase. The use and disposition of moneys to the credit of the sinking fund shall be subject to regulations prescribed in the authorizing resolution, the trust agreement or applicable financial document. Except as may otherwise be provided in the resolution, financial document or trust agreement, the sinking fund shall be a fund for the benefit of all securities issued for the project or projects without distinction or priority of one over another. [PL 1985, c. 344, §90 (AMD).]

3. Trust funds. All moneys received under this subchapter are deemed trust funds, to be held and applied solely as provided in the subchapter. Any officer to whom, or any bank, trust company or other fiscal agent or trustee in which the moneys shall be paid shall act as trustee of the moneys and shall hold and apply them for the purposes of this subchapter, subject to regulations provided in the subchapter, authorizing resolution or trust agreement. [PL 1981, c. 476, §2 (NEW).]
10 M.R.S. § 1261 — ME Code / Title 10 / Part 3 / Chapter 208 / Section 1261
10 §1261. Transfer of recorded sounds for unlawful use; sale
Status: in_force

1. Transfers. Every person who knowingly and willfully transfers or causes to be transferred any sounds recorded on a phonograph record, disc, wire, tape, film or other article on which sounds are recorded, with intent to sell or cause to be sold, or to use or cause to be used for profit through public performance, such article on which such sounds are so transferred, without the consent of the owner, shall be punished by a fine of not less than $500 nor more than $5,000 for each such offense. [PL 1975, c. 88 (NEW).]

2. Advertising and sale. Every person who advertises, offers for sale or sells any article described in subsection 1 with the knowledge that the sounds thereon have been so transferred without the consent of the owner shall be punished by a fine of not less than $50 nor more than $500 for each such offense. [PL 1975, c. 88 (NEW).]

3. Definition of person and owner. As used in this section, "person" means any individual, partnership, corporation or association; and "owner" means the person who owns the master phonograph record, master disc, master tape, master file or other device used for reproducing recorded sounds on phonograph records, discs, tapes, films or other articles on which sound is recorded, and from which the transferred recorded sounds are directly or indirectly derived. [PL 1975, c. 88 (NEW).]

4. Civil remedies unaffected. This section shall neither enlarge nor diminish civil remedies of the State or of parties injured by practices prohibited by this section. [PL 1975, c. 88 (NEW).]

5. Application. This section does not apply to any person engaged in radio or television broadcasting who transfers or causes to be transferred any recorded sounds as described in subsection 1 , other than from the sound track of a motion picture, intended for, or in connection with, broadcast transmission or related uses or for archival purposes. This section does not apply to any person who transfers or causes to be transferred any recorded sounds as described in subsection 1 for private use and with no purpose of capitalizing commercially on such reproduction. [PL 1975, c. 88 (NEW).]
10 M.R.S. § 1026-T — ME Code / Title 10 / Part 2 / Chapter 110 / Section 1026-T
10 §1026-T. Innovation finance program
Status: in_force

1. Established. The authority may create and oversee a state innovation finance program, referred to in this section as "the program," to increase the supply of venture capital to the economy of the State by improving access by innovative businesses in this State to venture capital funds. Investment performance of the program may be partially guaranteed by refundable tax credits issued by the authority to the retirement system. This section does not mandate or require any investment by the retirement system or give the retirement system any economic development responsibilities, its sole responsibility being to safeguard, invest and increase retirement system assets consistent with its fiduciary duty to its members. [PL 2009, c. 633, §4 (NEW).]

2. Investment goal; guidelines. The goal of the program is to attract more venture capital to innovative businesses in this State by providing the retirement system with an incentive to invest in high-quality venture capital funds that evidence both a commitment to seeking investments in the State and the ability to produce favorable returns to minimize the risk of tax credit redemption. Consistent with this investment goal, the retirement system may, in the exercise of its discretion and consistent with its fiduciary duties to the beneficiaries of the retirement system, apply to the authority for approval under the program for proposed investments in venture capital funds. The authority may approve such a proposed venture capital fund investment under the program if it determines that the venture capital fund will give strong consideration to investing in businesses in this State that fall within the targeted technologies. In making this decision, the authority shall consider whether the venture capital fund: A. Will maintain at least a periodic presence in the State; [PL 2009, c. 633, §4 (NEW).] B. Will build linkages to, and accept referrals from, at least some of the organizations promoting the State's innovation economy, including the authority, the Maine Technology Institute under Title 5, section 15302 , the Small Enterprise Growth Fund under section 383 , the Department of Economic and Community Development, the Maine Patent Program under section 1921 , the University of Maine System and other venture capital investors within the State; [PL 2009, c. 633, §4 (NEW).] C. Will actively prospect for investments in the State; [PL 2009, c. 633, §4 (NEW).] D. Expresses a commitment to seek investments in businesses in this State that meet its investment criteria; and [PL 2009, c. 633, §4 (NEW).] E. Demonstrates the ability to make successful venture capital investments. [PL 2009, c. 633, §4 (NEW).] [PL 2009, c. 633, §4 (NEW).]

3. Investment restrictions. Investments under the program are governed by this subsection. A. The retirement system may not invest directly in individual businesses under this program but may invest only in venture capital funds that are managed to best achieve the purpose set out under subsection 2 . [PL 2009, c. 633, §4 (NEW).] B. No more than $4,000,000 of tax credits may be placed at risk with respect to any single commitment to a venture capital fund. [PL 2009, c. 633, §4 (NEW).] C. The retirement system may cooperate with the authority and other organizations promoting the State’s innovation economy by encouraging participating venture capital funds to consider investments in this State consistent with their investment strategies. The retirement system may at any time be relieved of this obligation by releasing the State from its obligations under all outstanding tax credit certificates issued under the program. [PL 2009, c. 633, §4 (NEW).] [PL 2009, c. 633, §4 (NEW).]

4. Refundable tax credits. The authority may issue to the retirement system certificates of up to $20,000,000 in refundable tax credits as provided by Title 36, section 5219‑EE to serve as partial security against a loss of capital under the program. Certificates must be issued to expire no later than July 1, 2028. A. Refundable tax credits as authorized by this subsection may be redeemed only as necessary to offset 80% of any realized loss of capital in the program. [PL 2009, c. 633, §4 (NEW).] B. A certificate of tax credits issued by the authority under this section is binding on the State and constitutes a solemn contractual commitment of the State protected under the contract clauses of the Constitution of Maine, Article I, Section 11 and the United States Constitution, Article I, Section 10. Once issued, as long as the retirement system is not in default under its agreement with the authority with respect to any certificate of tax credits, the certificate may not be modified, terminated or rescinded until the certificate expires, is redeemed or is released by the retirement system. [PL 2009, c. 633, §4 (NEW).] C. The authority shall register each refundable tax credit under this section with the Department of Administrative and Financial Services, Bureau of Revenue Services. The retirement system shall report annually to the authority on the status and valuation of investments secured by the certificate of tax credits and such other information as may be required pursuant to an agreement between the retirement system and the authority. The report must include details of capital calls and distributions. [PL 2009, c. 633, §4 (NEW).] D. A refundable tax credit allowed pursuant to this section is not a security under Title 32, chapter 135 . [PL 2009, c. 633, §4 (NEW).] E. On the final liquidation of a venture capital fund for which a certificate of tax credits has been issued, the retirement system shall notify the authority of termination of the investment and certify the amount of any loss. The authority may request such information or documentation from the retirement system as it determines reasonably necessary to confirm the amount of any loss and shall promptly certify any capital loss to the Department of Administrative and Financial Services, Bureau of Revenue Services. Upon submission by the authority, the bureau shall redeem registered credits as necessary to pay 80% of the loss certified by the authority up to a maximum payment of $4,000,000 with respect to any single venture capital fund investment or an aggregate loss under the program of $20,000,000. For purposes of this subsection, “loss” means the total amount of investment by the retirement system into the venture capital fund less the total value of all distributions received by the retirement system from such venture capital fund, as determined by the authority. [PL 2009, c. 633, §4 (NEW).] F. Nothing in this section may be construed to place the assets of the authority at risk. Except for those rights that relate to refundable tax credits, nothing in this section may be construed to create an obligation of the State or of any political subdivision of the State, and this section may not be construed to require or mandate the retirement system to make any investments under the program. [PL 2009, c. 633, §4 (NEW).] G. The authority may charge the retirement system reasonable fees for the cost of implementing and administering the program and any tax credits authorized by this section, not to exceed the authority’s out-of-pocket costs plus an annualized fee not to exceed 1% of the outstanding balance of tax credits. In addition, the authority may assess a reasonable program fee from gains received by the retirement system from investments under the program. Any such fees are subject to the approval of the retirement system and the authority. [PL 2009, c. 633, §4 (NEW).] [PL 2009, c. 633, §4 (NEW).]
10 M.R.S. § 975-A — ME Code / Title 10 / Part 2 / Chapter 110 / Section 975-A
10 §975-A. Disclosure and confidentiality of records
Status: in_force

1. Disclosure required. Notwithstanding subsections 2 and 3 and except as provided in paragraph F , the following shall be made available to any person upon request reasonably describing the records to which access is sought or, if no request is made, in any manner and at any time which the authority may determine: A. After filing of a written application or proposal for financial assistance or property transfer, in form specified by or acceptable to the authority: (1) Names of recipients of or applicants for financial assistance, including principals, where applicable; (2) Amounts, types and general terms of financial assistance provided to those recipients or requested by those applicants; (3) Descriptions of projects and businesses benefiting or to benefit from the financial assistance; (4) Names of transferors or transferees, including principals, of property to or from the authority, the general terms of transfer and the purposes for which transferred property will be used; (5) Number of jobs and the amount of tax revenues projected or resulting in connection with a project; (6) Upon the authority's satisfaction of its loan insurance liability, the amount of any loan insurance payments with respect to a loan insurance contract; and (7) Names of financial institutions participating in providing financial assistance and the general terms of that financial assistance; [PL 2003, c. 537, §17 (AMD); PL 2003, c. 537, §53 (AFF).] B. Any information pursuant to waiver deemed satisfactory by the authority; [PL 1985, c. 344, §25 (NEW).] C. Information which, as determined by the authority, has already been made available to the public; [PL 1985, c. 344, §25 (NEW).] D. Any information necessary to carry out section 1043 or 1063 ; [PL 1985, c. 344, §25 (NEW).] E. Information necessary to comply with Title 1, section 407, subsection 1 ; [PL 1985, c. 344, §25 (NEW).] F. Information or records specified in a written request signed by the chairs of a legislative committee must be provided to the legislative committee. The information or records may be used only for the lawful purposes of the committee and in any action arising out of any investigation conducted by it; and [RR 2023, c. 2, Pt. C, §5 (COR).] G. The annual report of the authority required pursuant to section 974 . [PL 1985, c. 344, §25 (NEW).] [RR 2023, c. 2, Pt. C, §5 (COR).]

2. Confidential information. The following records are designated as confidential for purposes of Title 1, section 402, subsection 3, paragraph A : A. Any record obtained or developed by the authority prior to receipt of a written application or proposal, in form specified by or acceptable to the authority, for financial assistance to be provided by or with the assistance of the authority or in connection with a transfer of property to or from the authority. After receipt by the authority of the application or proposal, a record pertaining to the application or proposal shall not be considered confidential unless it meets the requirements of other paragraphs of this subsection; [PL 1985, c. 344, §25 (NEW).] B. Any record obtained or developed by the authority which fulfills the following requirements: (1) A person, including the authority, to whom the record belongs or pertains has requested that the record be designated confidential; and (2) The authority has determined that information in the record gives the owner or a user an opportunity to obtain business or competitive advantage over another person who does not have access to the information, except through authority records, or that access to the information by others would result in a business or competitive disadvantage, loss of business or other significant detriment, other than loss or denial of financial assistance from the authority, in the case of a person other than the authority, to any person to whom the record belongs or pertains; [PL 1985, c. 344, §25 (NEW).] C. Any financial statement or tax return of an individual or any other record obtained or developed by the authority the disclosure of which would constitute an invasion of personal privacy, as determined by the authority; [PL 1985, c. 344, §25 (NEW).] D. Any record including any financial statement or tax return obtained or developed by the authority in connection with any monitoring or servicing activity by the authority pertaining to any financial assistance provided or to be provided by or with the assistance of the authority; [PL 1985, c. 344, §25 (NEW).] E. Any record obtained or developed by the authority which contains an assessment by a person who is not employed by the authority of the credit worthiness or financial condition of any person or project; [PL 1989, c. 552, §10 (AMD).] F. Any financial statement or business and marketing plan in connection with any project receiving or to receive financial assistance from the authority pursuant only to subchapter 3 or 4 , except section 1053, subsection 5 , if a person to whom the statement or plan belongs or pertains has requested that the record be designated confidential; and [PL 2021, c. 676, Pt. A, §15 (AMD).] G. Any record, including any financial statement, business plan or tax return obtained or developed by the authority in connection with the matching of potential investors with Maine businesses by the authority through its maintenance of a data base or other record keeping system. For purposes of this section, an application by a potential investor shall not be deemed to be an application for financial assistance. [PL 1989, c. 552, §11 (NEW).] [PL 2021, c. 676, Pt. A, §15 (AMD).]

3. Wrongful disclosure prohibited. No member, officer, employee, agent, other representative of the authority or other person may knowingly divulge or disclose records declared confidential by this section, except that the authority may, in its discretion, make or authorize any disclosure of information of the following types or under the following circumstances: A. Impersonal, statistical or general information; [PL 1985, c. 344, §25 (NEW).] B. If necessary in connection with processing any application for, obtaining or maintaining financial assistance for any person or in connection with acquiring, maintaining or disposing of property; [PL 1985, c. 344, §25 (NEW).] C. To a financing institution or credit reporting service; [PL 1985, c. 344, §25 (NEW).] D. Information necessary to comply with any federal or state law, including section 979 , or rule or with any agreement pertaining to financial assistance; [PL 1987, c. 697, §3 (AMD).] E. Information to the extent the authority deems the disclosure necessary to the sale or transfer of revenue obligation securities or to the sale or transfer of bonds of the State; [PL 1985, c. 344, §25 (NEW).] F. If necessary to assure collection of any obligation in which it has or may have an interest; [PL 1985, c. 344, §25 (NEW).] G. In any litigation or proceeding in which the authority has appeared, introduction for the record of any information obtained from records declared confidential by this section; and [PL 1985, c. 344, §25 (NEW).] H. Pursuant to a subpoena, request for production of documents, warrant or other order by competent authority, provided that any such order appears to have first been served on the person to whom the confidential information sought pertains or belongs and provided that any such order appears on its face or otherwise to have been issued or made upon lawful authority. [PL 1985, c. 344, §25 (NEW).] [PL 1987, c. 697, §3 (AMD).]

4. Records on effective date. Whether any record in the possession of the authority on the effective date of this section is confidential shall be determined pursuant to this section and not pursuant to the law in effect when the authority or any of its predecessors obtained any such record and any such record shall or may be disclosed or divulged to the extent required or permitted by this section. [PL 1985, c. 344, §25 (NEW).]
10 M.R.S. § 926 — ME Code / Title 10 / Part 2 / Chapter 107 / Section 926
10 §926. General conditions; dissolution
Status: in_force

The Maine Development Foundation shall operate as a not-for-profit organization consistent with its composition and broad public purposes. The following conditions shall apply to the operation or dissolution of the foundation. [PL 1977, c. 548, §1 (NEW).]

1. Net earnings of the foundation. No part of the net earnings of the foundation shall inure to the benefit of any corporator, officer, director or employee except that the foundation shall be authorized and empowered to pay reasonable compensation for services rendered, and otherwise hold, manage and dispose of its property in furtherance of the purposes of the foundation. [PL 1977, c. 548, §1 (NEW).]

2. Dissolution of foundation. Upon dissolution of the foundation, the corporators shall, after paying or making provision for the payment of all liabilities of the foundation, cause all of the remaining assets of the foundation to be transferred to the State. [PL 1977, c. 548, §1 (NEW).]
10 M.R.S. § 3603 — ME Code / Title 10 / Part 7 / Chapter 617 / Section 3603
10 §3603. Logs driven by contract
Status: in_force

A person who drives logs or lumber by contract with the owner or with any other person has a lien on those logs or lumber for the amount payable under the contract, which takes precedence of all other claims, except liens for labor, for stumpage and for towing, continues for 60 days after the logs or lumber arrive at the place of destination for sale or manufacture and may be enforced by attachment. When the contract is made with any person other than the owner of the logs or lumber, actual notice in writing must be given to the owner before work is begun, stating the terms of the contract. If the owner, at the time the notice is given to the owner or immediately thereafter, notifies the contractor in writing that the owner will not be responsible for the amount payable or to become payable under the contract, the contractor does not have a lien on the logs or lumber so driven. [RR 2023, c. 2, Pt. C, §86 (COR).]
10 M.R.S. § 9082 — ME Code / Title 10 / Part 11 / Chapter 951 / Section 9082
10 §9082. License required
Status: in_force

A person may not conduct, control, manage or operate, for compensation, directly or indirectly, any manufactured housing community unless licensed by the board. Licenses issued must be displayed in a place readily visible to customers or other persons using a licensed establishment. [PL 2017, c. 210, Pt. B, §29 (AMD).]

Any person desiring a license shall submit satisfactory evidence, in a form acceptable to the board, of that person's ability to comply with the minimum standards of this subchapter and all rules adopted under this subchapter. [PL 2017, c. 210, Pt. B, §29 (AMD).]

An applicant for a license to operate a manufactured housing community shall include the following information with the license application: [PL 2025, c. 365, §1 (NEW).]

1. Applicant's name. The applicant's legal name; [PL 2025, c. 365, §1 (NEW).]

2. Parent or subsidiary corporation. The legal name of all parent or subsidiary corporations of the applicant and companies owned by the applicant; [PL 2025, c. 365, §1 (NEW).]

3. Number of sites in manufactured housing community to be licensed. The number of sites in the manufactured housing community to be licensed; [PL 2025, c. 365, §1 (NEW).]

4. Number of sites in manufactured housing community occupied. The number of sites in the manufactured housing community occupied as of the date of the application, if any; [PL 2025, c. 365, §1 (NEW).]

5. Lot rent. The minimum and maximum lot rent in effect as of the date of the application, if any; [PL 2025, c. 365, §1 (NEW).]

6. Age or income requirements. Age or income requirements for homeowners living in the manufactured housing community; [PL 2025, c. 365, §1 (NEW).]

7. Seasonal. Whether the manufactured housing community is seasonal; and [PL 2025, c. 365, §1 (NEW).]

8. Common expenses. The most common expenses included in the calculation of rent and fees, such as pet fees, vehicle fees, ground maintenance costs, snow removal costs, trash pickup costs, laundry facility costs and the cost of providing additional storage. [PL 2025, c. 365, §1 (NEW).]
10 M.R.S. § 9009 — ME Code / Title 10 / Part 11 / Chapter 951 / Section 9009
10 §9009. Investigations; suspensions; revocations
Status: in_force

1. Investigations. The board is authorized to conduct any inspections and investigations as may be necessary to carry out its responsibilities under this chapter. Fees for inspection of manufactured housing that must be paid by the manufacturer, dealer, developer dealer, installer or mechanic whose actions or failure to act gave rise to the necessity of the inspection are set pursuant to section 9021, subsection 2‑A . The board is authorized to contract with local governments and private inspection organizations to carry out such inspection functions to the extent not prohibited by federal law, rule or regulation. [PL 2009, c. 241, Pt. A, §3 (AMD).]

2. Investigation of complaints; revocation or suspension of licenses. [PL 2007, c. 402, Pt. D, §5 (RP).]

3. Remedies for manufacturing and building system defects. The board staff may investigate any complaints made to the board of noncompliance with or violation of chapter 213 or a warranty applicable to the sale of manufactured housing. If the board finds, after hearing, that a manufacturer, dealer or developer dealer has sold, or is making available for sale, manufactured housing that poses a threat to public health or safety or has failed to comply with chapter 213 or an applicable warranty, express or implied, the board may order the manufacturer, dealer or developer dealer or any combination thereof to take appropriate corrective action. Corrective action may include, but is not limited to, reimbursing consumers for repairs that are covered by warranty and made by the consumer if the consumer notifies the dealer, developer dealer or manufacturer in writing of the defect within a reasonable time prior to undertaking the repairs and the board finds that the repairs are or were necessary to correct or prevent an imminent threat to health or safety or to the structure of the manufactured housing. The board may also revoke or suspend the license of the manufacturer, dealer, developer dealer or any combination thereof to prevent any future threat to public health or safety. Notwithstanding the provisions of section 8003, subsection 5‑A , revocations ordered by the board are subject to judicial review exclusively in the Superior Court in accordance with Title 5, chapter 375, subchapter 7 . This subsection applies to any new manufactured housing that is sold to a consumer after January 1, 1993. [PL 2017, c. 210, Pt. B, §12 (AMD).]

4. Remedies for installation defects. The board staff may investigate all complaints made to the board of noncompliance with or violation of chapter 213 or a warranty applicable to the installation of manufactured housing. If the board finds, after hearing, that the installation of manufactured housing poses a threat to public health or safety or does not comply with the board's installation standards, chapter 213 or any applicable warranty, the board may order the installer to take appropriate corrective action. Corrective action may include, but is not limited to, reimbursing consumers for repairs that are covered by warranty and made by the consumer if the consumer notifies the installer or mechanic in writing of the defect within a reasonable time prior to undertaking the repairs and the board finds that the repairs are or were necessary to correct or prevent an imminent threat to health or safety or to the structure of manufactured housing. The board may also revoke or suspend the installer's or mechanic's license to install manufactured housing to prevent any future threat to the public health or safety. Notwithstanding the provisions of Title 10, section 8003, subsection 5‑A , revocations ordered by the board are subject to judicial review exclusively in the Superior Court in accordance with Title 5, chapter 375, subchapter 7 . This subsection applies to any new manufactured housing that is sold to a consumer after January 1, 1993. [PL 2007, c. 402, Pt. D, §5 (AMD).]
10 M.R.S. § 3856 — ME Code / Title 10 / Part 7 / Chapter 627 / Section 3856
10 §3856. Service of summons on debtors and owners
Status: in_force

The summons and complaint shall be served as in other actions on persons named as personally liable for the plaintiff's claim. A copy of the summons and complaint and writ of attachment shall also be posted in some conspicuous place on the vessel attached and mailed to all owners whose identity and whereabouts are known if they have not been named as personally liable.
10 M.R.S. § 1074-A — ME Code / Title 10 / Part 2 / Chapter 110 / Section 1074-A
10 §1074-A. Recovery zone facility bonds
Status: in_force

1. Recovery zones; statewide designation. The Legislature finds that the entire State is experiencing significant poverty, unemployment, increasing rate of home foreclosures and general distress and, as a result, to the extent permitted by federal law, designates the entire State as a recovery zone as defined under 26 United States Code, Section 1400U‑1, as amended. [PL 2009, c. 517, §11 (NEW).]

2. Reallocation. To the extent permitted by federal law, the entire allocation to the counties of the State of the national recovery zone facility bond limitation established pursuant to 26 United States Code, Section 1400U‑1, as amended, and as described in Internal Revenue Service Notice 2009-50, Section 6.03 is reallocated to the authority, as long as one half of each such allocation is further reallocated by the authority to projects located within and identified by the county commissioners of the county to which such allocation was originally made, if so identified on or before June 1, 2010. The remaining one half of such allocations, together with any portion of an allocation initially subject to reallocation at the direction of the applicable county before June 1, 2010, but not so reallocated, may be reallocated by the authority for any project in any county of the State. Reallocations pursuant to this subsection are considered voluntary and affirmative waivers by the affected counties for the purposes of 26 United States Code, Section 1400U‑1 et seq. and any regulations or guidance provided by the United States Department of the Treasury, Internal Revenue Service thereunder. [PL 2009, c. 517, §11 (NEW).]
10 M.R.S. § 12 — ME Code / Title 10 / Part 1 / Chapter 1-A / Section 12
10 §12. Quorum
Status: in_force

For purposes of holding a meeting, a quorum is 9 members. A quorum must be present to start a meeting but not to continue or adjourn a meeting. For purposes of voting, a quorum is 7 voting members. [PL 2015, c. 400, §1 (AMD).]
10 M.R.S. § 1528 — ME Code / Title 10 / Part 4 / Chapter 301-A / Section 1528
10 §1528. Fraudulent registration
Status: in_force

A person who, for that person or on behalf of any other person, procures the filing or registration of any mark in the office of the Secretary of State under this chapter, by knowingly making any false or fraudulent representation or declaration, verbally or in writing, or by any other fraudulent means, is liable to pay all damages sustained in consequence of the filing or registration, to be recovered by or on behalf of the party injured in any court of competent jurisdiction. [RR 2023, c. 2, Pt. C, §42 (COR).]
10 M.R.S. § 1055 — ME Code / Title 10 / Part 2 / Chapter 110 / Section 1055
10 §1055. Revenue obligation securities for waste facilities, waste disposal services or recycling projects
Status: in_force

In addition to any other powers and for the purposes of this chapter and Title 38, chapter 24 , the authority may exercise powers and authority previously granted to the former Maine Waste Management Agency in Title 38, sections 2211 to 2222 . [PL 1995, c. 465, Pt. B, §5 (NEW); PL 1995, c. 465, Pt. C, §2 (AFF).]
10 M.R.S. § 1032 — ME Code / Title 10 / Part 2 / Chapter 110 / Section 1032
10 §1032. Capital reserve funds; obligation of State
Status: in_force

1. Capital reserve fund. The authority may create and establish one or more capital reserve funds and may pay into any such capital reserve fund any money appropriated and made available by the State for the purposes of any such fund and any other money available to the authority. For purposes of this section, the amount of any letter of credit, insurance contract, surety bond, indemnification agreement or similar financial undertaking available to be drawn on and applied to obligations to which money in any such fund may be applied shall be deemed to be and counted as money in the capital reserve fund. [PL 1987, c. 697, §9 (NEW).]

2. Application. Money in any capital reserve fund created pursuant to subsection 1 , except as provided in this section, must be used solely with respect to mortgage loans, repayment of which is secured by any such fund, for the payment of principal, accrued interest and costs and expenses chargeable to the mortgage loan, with respect to interest rate swap agreements benefiting eligible enterprises, and with respect to amounts borrowed by the authority to be used for direct loans from the authority to eligible businesses or students pursuing higher education when direct loans have been authorized by law. Money in any capital reserve fund may be used to pay all amounts due and payable, whether by acceleration or otherwise, under the contractual agreements pertaining to such mortgage loans, interest rate swap agreements and loans to the authority, including fees, commissions, indemnities, expenses and other amounts due. Money in excess of the reserve requirement established pursuant to subsection 4 may be transferred to other funds and accounts of the authority. [PL 1993, c. 410, Pt. EEEE, §2 (AMD).]

3. Security for loans. With respect to any loans that may be insured under this subchapter, interest rate swap agreements benefiting eligible enterprises and loans to the authority to be used for direct loans to eligible enterprises or students pursuing higher education, the authority may provide that such loans, interest rate swap agreements or loans to the authority must be secured by one or more capital reserve funds established pursuant to subsection 1 instead of or in addition to insurance provided under other sections of this subchapter. Limitations and requirements applicable to insurance under sections 1026‑A to 1028 are applicable to loans, but not interest rate swap agreements or loans to the authority, to which one or more capital reserve funds apply as if the loans were backed by insurance. Capital reserve funds may secure interest rate swap agreements pertaining to eligible enterprises that demonstrate the ability to honor the swap agreement as determined by the authority and that do not have as a principal element space for retail sales or professional office space, as defined by the authority. Any commitment with respect to a loan executed and delivered pursuant to this section is conclusive evidence of the eligibility of the loan for insurance and the validity of any such commitment or contract is incontestable in the hands of a lender, swap counterparty or lender to the authority except for fraud or misrepresentation on the part of the lender, swap counterparty or lender to the authority. Loans secured by capital reserve funds under this section are made legal investments for all insurance companies, trust companies, banks, investment companies, savings banks, savings and loan associations, executors, trustees and other fiduciaries, public and private pension or retirement funds and other persons. [PL 2003, c. 537, §46 (AMD); PL 2003, c. 537, §53 (AFF).]

4. Reserve requirement. The authority may provide that money in any such capital reserve fund shall not be withdrawn at any time in an amount that would reduce the amount of any such fund below an amount established by the authority with respect to the fund, except for the purpose of paying the amount due pursuant to the terms of any mortgage loan or interest rate swap agreement or loan to the authority, repayment of which is secured by any such fund. [PL 1989, c. 552, §15 (AMD).]

5. Appropriation. On or before December 1st, annually, the authority shall certify to the Governor the amount, if any, necessary to restore the amount in any capital reserve fund to which this section is stated in any written agreement of the authority to apply, to the reserve requirement established by the authority. The Governor shall pay directly from the State Contingent Account to any such fund as much of the amount as is available in that account and shall transmit directly to the Legislature certification and a statement of the amount, if any, remaining to be paid. The certified amount shall be appropriated and paid to the authority during the current state fiscal year. [PL 1987, c. 697, §9 (NEW).]

6. Obligations outstanding. The authority may not have at any one time outstanding obligations to which this section is stated in any agreement of the authority to apply in principal amount exceeding $150,000,000, less the amount of revenue obligation securities to which section 1053 is stated in the trust agreement or other document to apply. Amounts of revenue obligation securities that are not taken into account pursuant to section 1053, subsection 6 , may not be taken into account for purposes of determining the amount that may be outstanding under this section. Notwithstanding the foregoing, the authority may additionally have outstanding at any one time up to $3,500,000 of obligations relating to direct loans to students pursuing higher education. [PL 2003, c. 537, §47 (AMD); PL 2003, c. 537, §53 (AFF).]
10 M.R.S. § 9098 — ME Code / Title 10 / Part 11 / Chapter 953 / Section 9098
10 §9098. Security deposits
Status: in_force

1. Maximum security deposit. No lessor of a mobile home park lot may require a security deposit greater than 3 months' rent. [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. Return of security deposit. The following provisions apply to the retention and return of a security deposit. A. A security deposit or any portion of a security deposit may not be retained to pay for normal wear and tear. [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. A mobile home park operator shall return to a tenant the full security deposit deposited with the landlord by the tenant, with interest in accordance with subparagraph (4) or, if there is actual cause for retaining the security deposit or any portion of it, the mobile home park operator shall provide the tenant with a written statement, itemizing the reasons for the retention of the security deposit or any portion of it, within 21 days after the termination of the tenancy or the surrender and acceptance of the premises, whichever occurs first. (1) The written statement itemizing the reasons for the retention of any portion of the security deposit must be accompanied by a full payment of the difference between the security deposit and the amount retained. (2) The mobile home park operator is deemed to have complied with this section if the operator mails the statement and any payment required to the tenant's last known address. (3) Nothing in this section precludes the mobile home park operator from retaining the security deposit for nonpayment of rent or nonpayment of utility charges which the tenant was required to pay directly to the mobile home park operator. (4) The amount of interest that must be returned to a tenant must be either the amount that the mobile home park operator has earned on the security deposit if deposited in an individual segregated bank savings account or a reasonable amount of annual interest. For purposes of this subsection, "a reasonable amount of annual interest" means interest calculated at the Federal Reserve Bank, secondary market, annual interest rate on a 6-month certificate of deposit for each year in which the deposit has been held calculated as of the first business day of each year. [PL 2009, c. 128, §1 (AMD).] C. If a mobile home park operator fails to provide a written statement or to return the security deposit within the time specified in paragraph B , the park owner or operator forfeits the right to withhold any portion of the security deposit. [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 2009, c. 128, §1 (AMD).]

3. Wrongful retention; damages; burden of proof. The following provisions apply to the wrongful retention of a security deposit by a mobile home park operator. A. If the mobile home park operator fails to return the security deposit and provide the itemized statement within 21 days as specified in subsection 2, paragraph B , the tenant must notify the mobile home park operator of the intention to bring a legal action at least 7 days before commencing the action. If the mobile home park operator fails to return the entire security deposit within the 7-day period, it is presumed that the landlord is willfully and wrongfully retaining the security deposit. [PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD); PL 1989, c. 502, Pt. A, §32 (AMD).] B. A mobile home park operator who willfully retains a security deposit in violation of this chapter is liable for double the amount of that portion of the security deposit wrongfully withheld from the tenant, together with reasonable attorney's fees and court costs. [PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. B, §10 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).] C. In any court action brought by a tenant under this section, the mobile home park operator has the burden of proving that the operator's withholding of the security deposit, or any portion of it, was not wrongful. [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 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. B, §10 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD); PL 1989, c. 502, Pt. A, §32 (AMD).]

4. Return of security deposit to renter. Notwithstanding the definition of "tenant" in section 9091, subsection 5 , this section applies to a person who rents a mobile home and rents the mobile home park lot on which the mobile home is located and from whom a mobile home park operator collects a security deposit. [PL 1991, c. 661, §1 (NEW).]

5. Security deposits. During the term of a tenancy, a security deposit given to a mobile home park operator as part of a residential rental agreement may not be treated as an asset to be commingled with the assets of the landlord. All security deposits must be held in an account of a bank or other financial institution under terms that place the security deposit beyond the claim of creditors of the mobile home park operator, including a foreclosing mortgagee or trustee in bankruptcy, and that provide for transfer of the security deposit to a subsequent mobile home park operator. Upon the transfer of the mobile home park, the new operator shall assume all responsibility for maintaining and returning to tenants all security deposits accounted for and transferred. Upon request by a tenant, a landlord shall disclose the name of the financial institution and the account number where the security deposit is being held. A mobile home park operator may use a single escrow account to hold security deposits from all of the tenants of the mobile home park. [PL 2009, c. 128, §2 (NEW).]
10 M.R.S. § 1174-B — ME Code / Title 10 / Part 3 / Chapter 204 / Section 1174-B
10 §1174-B. Transportation damages
Status: in_force

1. Liability of a new dealer after acceptance. Notwithstanding the terms, provisions or conditions of any agreement or franchise, the new motor vehicle dealer is solely liable for damages to new motor vehicles after acceptance from the carrier and before delivery to the ultimate purchaser. [PL 1981, c. 331, §7 (NEW).]

2. Liability of manufacturer. Notwithstanding the terms, provisions or conditions of any agreement or franchise, the manufacturer is liable for all damages to motor vehicles before delivery to a carrier or transporter. [PL 1981, c. 331, §7 (NEW).]

3. Additional liability of dealer. The new motor vehicle dealer is liable for damages to new motor vehicles after delivery to the carrier only if the dealer selects the method of transportation, mode of transportation and the carrier. In all other instances, the manufacturer is liable for carrier-related new motor vehicle damage, except that the new motor vehicle dealer must annotate the bill of lading or other carrier document indicating damages observed at the time of delivery to the motor vehicle dealer, and that the dealer shall promptly notify the manufacturer of any concealed damage discovered after delivery. [PL 1981, c. 331, §7 (NEW).]
10 M.R.S. § 3325 — ME Code / Title 10 / Part 7 / Chapter 606 / Section 3325
10 §3325. Preference of liens
Status: in_force

The producer's lien is a preferred lien attached to the finished product in inventory and to the proceeds thereof to the full extent of the price of the raw product delivered to the processor and shall be preferred to all other liens, claims or encumbrances except for the liens or security interests of financial institutions chartered by the Federal Government or by any state of the United States, including, without limitation, trust companies, commercial banks, savings banks and savings and loan associations, and commercial finance companies and other institutional lenders, granted upon the inventory of a processor and all proceeds and products thereof to secure existing and future loans, advances and all other indebtedness of the processor to financial institutions, as described when such liens are granted to such financial institutions prior to notification by the producer to the commissioner of insufficient or no payment for the product delivered to the processor. [PL 1977, c. 1, §2 (RPR).]

If a financial institution described in this section forecloses upon its lien, the proceeds realized after foreclosure must be applied first to satisfy all producers' liens having priority over the lien of the financial institution and then to satisfy the lien of the financial institution. The balance of the proceeds, if any, must be remitted to the commissioner or the commissioner's designee for distribution to producers having liens approved by the commissioner under section 3324 in the order of their priority. Any surplus remaining after the distribution to producers must be remitted to the processor. [RR 2023, c. 2, Pt. C, §76 (COR).]
10 M.R.S. § 1484 — ME Code / Title 10 / Part 3 / Chapter 219 / Section 1484
10 §1484. Exemption
Status: in_force

This chapter does not apply to any person who provides to the owner or the lessee of a residence the labor or material for installing insulation in that residence if that person is not primarily engaged in the business of installing insulation and if that person does not advertise as, solicit as or present as a person who installs insulation. For the purposes of this section, the term "not primarily engaged in the business of installing insulation" means having gross receipts for the installation of insulation which do not exceed either $2,500 for all labor or $4,500 for all materials in any one calendar year. [RR 2023, c. 2, Pt. C, §35 (COR).]
10 M.R.S. § 1310-A — ME Code / Title 10 / Part 3 / Chapter 209-B / Section 1310-A
10 §1310-A. Administrative enforcement
Status: in_force

1. Authority. The administrator, within the limits provided by law, may: A. Receive and act on complaints, take action designed to obtain voluntary compliance with this chapter, refer complaints to the Department of Professional and Financial Regulation, Bureau of Financial Institutions pursuant to subsection 9 or refer cases to the Attorney General, who shall appear for and represent the administrator in court; [PL 2013, c. 228, §1 (NEW).] B. Counsel groups and persons on their rights and duties under this chapter; [PL 2013, c. 228, §1 (NEW).] C. Establish programs for the education of consumers with respect to the provisions of this chapter; [PL 2013, c. 228, §1 (NEW).] D. Make studies appropriate to effectuate the purposes and policies of this chapter and make the results available to the public; [PL 2013, c. 228, §1 (NEW).] E. Issue advisory rulings designed to clarify the applicability of any statutory provision of this chapter necessary or proper to effectuate its purposes; [PL 2013, c. 228, §1 (NEW).] F. Maintain a public file of all enforcement proceedings instituted and of their disposition, including all assurances of voluntary compliance accepted and their terms and the pleadings and briefs in all actions in which the administrator is a party; and [PL 2013, c. 228, §1 (NEW).] G. Require registration of consumer reporting agencies located in this State or serving users within this State through the nationwide mortgage licensing system and registry as defined in Title 9‑A, section 13‑102, subsection 8 . The administrator is authorized to participate in the nationwide mortgage licensing system and registry. In all cases, whether licensing is through the nationwide mortgage licensing system and registry, as defined in Title 9‑A, section 13‑102, subsection 8 , or otherwise, the administrator may establish, by rule, requirements for registration, including but not limited to: (1) Background checks for: (a) Criminal history through fingerprint or other databases; (b) Civil or administrative records; (c) Credit history; or (d) Any other information determined necessary by the nationwide mortgage licensing system and registry; (2) The payment of fees to apply for or renew registrations, except that the fee for an initial application may not exceed $500 and for a renewal may not exceed $500. If licensing is through the nationwide mortgage licensing system and registry, an applicant must also pay a nationwide mortgage licensing system and registry processing fee in an amount to be determined by the administrators of the nationwide mortgage licensing system and registry. Renewal applications received after the due date are subject to an additional fee of $100; (3) The setting or resetting as necessary of renewal or reporting dates; and (4) Other requirements for application for, amendment of or revocation of a registration or any other such activities as the administrator considers necessary. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 245, Pt. D, §4 (RPR).] [PL 2021, c. 245, Pt. D, §4 (AMD).]

2. Investigatory powers. The administrator has the following investigatory powers except in cases in which the Department of Professional and Financial Regulation, Bureau of Financial Institutions or the Attorney General has exclusive authority pursuant to subsection 9 . A. The administrator may annually investigate any person whom the administrator believes has engaged in conduct governed by this chapter, except that the administrator may, at any time, investigate any person the administrator believes to be a consumer reporting agency. If the administrator has reasonable cause to believe that any person has violated this chapter, the administrator may investigate that person at any time. During any investigation, the administrator may administer oaths or affirmations and, upon the administrator's own motion or upon request of any party, may subpoena witnesses, compel their attendance, adduce evidence and require the production of any matter that is relevant to the investigation, including the existence, description, nature, custody, condition and location of any books, documents or other tangible things and the identity and location of persons having knowledge of relevant facts, or any other matter reasonably calculated to lead to the discovery of admissible evidence. If the administrator finds a violation of this chapter, the administrator shall so notify all parties to the transactions involved. [PL 2013, c. 228, §1 (NEW).] B. If the records of a person under investigation are located outside this State, the person, at the administrator's option, may either make the original records or facsimiles of the record available to the administrator at a convenient location within this State or pay the reasonable and necessary expenses for the administrator or the administrator's representative to examine them at the place where the records are maintained. The administrator may designate representatives, including comparable officials of the state in which the records are located or federal officials, to inspect the records on the administrator's behalf. [PL 2013, c. 228, §1 (NEW).] C. The expenses of the administrator necessarily incurred in the examination of persons subject to this chapter must be chargeable to that person in the same manner and for the same expenses set forth in Title 9‑A, section 6‑106, subsection 6 , except that users of consumer reports may not be charged examination expenses unless the administrator finds a violation of this chapter. [PL 2013, c. 228, §1 (NEW).] [PL 2013, c. 228, §1 (NEW).]

3. Administrative enforcement orders. After notice and hearing, the administrator may order a person to cease and desist from engaging in violations of this chapter. The administrator may also order affirmative action designed to correct past or future violations of this chapter. Any hearing held under this subsection must be conducted in accordance with the procedures of Title 5, chapter 375, subchapter 4 . A respondent aggrieved by an order of the administrator may obtain judicial review of the order and the administrator may, through the Attorney General, obtain an order of the court for enforcement of its order in the Superior Court. The proceedings for review or enforcement must be initiated and conducted in accordance with Title 5, chapter 375, subchapter 7 . [PL 2013, c. 228, §1 (NEW).]

4. Assurance of discontinuance. If it is claimed that a person has engaged in conduct that could be subject to any order by the administrator, the administrator shall first attempt to negotiate an assurance in writing that the person will not engage in the same or similar conduct in the future, prior to initiating an enforcement order under subsection 3 . The assurance may include, but is not limited to, admissions of past specific acts by the person or that such acts violated this chapter or other statutes. A violation of an assurance of discontinuance is a violation of this chapter. [PL 2013, c. 228, §1 (NEW).]

5. Civil action. The administrator, through the Attorney General, may bring a civil action against a person to recover a civil penalty for knowingly violating this chapter or violating an assurance of discontinuance, and if the court finds that the defendant has engaged in a knowing violation of this chapter or a violation of an assurance of discontinuance, it may assess a civil penalty of not more than $5,000. If the defendant establishes by a preponderance of evidence that repeated violations were the result of a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such violation or error, a penalty may not be imposed under this subsection. [PL 2013, c. 228, §1 (NEW).]

6. Remedies not affected. The grant of powers to the administrator in this section does not affect remedies available to the Attorney General or to consumers under this chapter or under other principles of law or equity. [PL 2013, c. 228, §1 (NEW).]

7. Venue. The administrator, through the Attorney General, may bring actions or proceedings in a court in a county or division in which an act on which the action or proceeding is based occurred or in a county or division in which a respondent resides or transacts business. [PL 2013, c. 228, §1 (NEW).]

8. Bureau of Insurance. With respect to those examinations authorized by subsection 2, paragraph A , the administrator shall, where applicable, coordinate examinations for compliance with this chapter with examinations conducted by the Department of Professional and Financial Regulation, Bureau of Insurance for compliance with Title 24‑A . [PL 2013, c. 228, §1 (NEW).]

9. Bureau of Financial Institutions. When a supervised financial organization as defined in Title 9‑A, section 1‑301, subsection 38‑A is a person subject to this chapter and the Department of Professional and Financial Regulation, Bureau of Financial Institutions charters or regulates the supervised financial organization, the Bureau of Financial Institutions has exclusive authority pursuant to this chapter over the supervised financial organization. This authority is in addition to the authority of the Bureau of Financial Institutions in Title 9‑B . The Attorney General has authority to enforce the provisions of this chapter for any other supervised financial organization that is a person subject to this chapter. [PL 2013, c. 228, §1 (NEW).]
10 M.R.S. § 386 — ME Code / Title 10 / Part 1 / Chapter 13 / Section 386
10 §386. Eligible projects
Status: in_force

A qualifying venture fund or a qualifying small business may be eligible to receive financial assistance under the program. In order to be eligible for financial assistance under the program, a qualifying venture fund must meet the requirements of section 383, subsection 1‑B . In order to be eligible for financial assistance under the program, a qualifying small business must meet the following criteria. [PL 2021, c. 502, §6 (AMD).]

1. Engagement; involvement. The qualifying small business must be engaged in or involve at least one of the following: A. Marine science; [PL 1995, c. 699, §3 (NEW).] B. Biotechnology; [PL 1995, c. 699, §3 (NEW).] C. Manufacturing; [PL 1995, c. 699, §3 (NEW).] D. Export of goods or services to locations outside the State or activities that result in significant amounts of capital being imported into the State; [PL 1995, c. 699, §3 (NEW).] E. Software development; [PL 1995, c. 699, §3 (NEW).] F. Provision or development of environmental services or technologies; [PL 1995, c. 699, §3 (NEW).] G. Provision or development of financial or insurance products or services; [PL 1995, c. 699, §3 (NEW).] H. Production of value-added goods from natural resources; or [PL 1995, c. 699, §3 (NEW).] I. Other enterprises that the board determines will further the purposes and intent of the program, including, but not limited to, retail sales, tourism and agricultural production. [PL 1995, c. 699, §3 (NEW).] [PL 1995, c. 699, §3 (NEW).]

2. Growth; public benefit. The qualifying small business must demonstrate the potential for high growth and public benefit. [PL 1995, c. 699, §3 (NEW).]

3. Need for assistance. The qualifying small business must provide evidence of each of the following: A. Commitment of all reasonably available resources to the project; [PL 1995, c. 699, §3 (NEW).] B. A need for financial assistance from the fund to realize its projected growth and achievement of public benefits; and [PL 1995, c. 699, §3 (NEW).] C. [PL 1999, c. 504, §5 (RP).] [PL 1999, c. 504, §5 (AMD).]

4. Financing plan. The qualifying small business must submit a financing plan as part of an overall business plan. The proposed financing plan must include adequate mechanisms to monitor the accomplishment of the business plan as proposed. [PL 1995, c. 699, §3 (NEW).]

The disbursement may not be used to make distributions to or for the benefit of an owner of the business borrowing from the fund or a related entity. [PL 1995, c. 699, §3 (NEW).]
10 M.R.S. § 1169 — ME Code / Title 10 / Part 3 / Chapter 203-A / Section 1169
10 §1169. State motor vehicle dispute arbitration and mediation
Status: in_force

1. Neutral motor vehicle arbitration. All manufacturers shall submit to state-certified motor vehicle arbitration if arbitration is requested by the consumer within 3 years from the date of original delivery to the consumer of a motor vehicle or within the term of the express warranties, whichever comes first, and the State has accepted the application as making proper Maine Lemon Law claims. State-certified arbitration must be performed by one or more neutral arbitrators selected by the Department of the Attorney General operating in accordance with the rules adopted pursuant to this chapter. The Attorney General may contract with an independent entity to provide arbitration or the Attorney General's office may appoint neutral arbitrators. Each party to an arbitration is entitled to one rejection of a proposed arbitrator. [PL 2003, c. 337, §7 (AMD).]

2. Written findings. Each arbitration results in a written finding of whether the motor vehicle in dispute meets the standards set forth by this chapter for vehicles that are required to be replaced or refunded. This finding must be issued within 45 days of receipt by the Department of the Attorney General of a properly completed written request by a consumer for state-certified arbitration under this section. All findings of fact issuing from a state-certified arbitration must be taken as admissible evidence of whether the standards set forth in this chapter for vehicles required to be refunded or replaced have been met in any subsequent action brought by either party ensuing from the matter considered in the arbitration. The finding reporting date may be extended by 5 days if the arbitrator seeks an independent evaluation of the motor vehicle. In addition to the other remedies provided by this chapter, the arbitrator may award a consumer whose motor vehicle is required to be replaced or refunded reasonable witness fees for a professional motor vehicle mechanic or engineer who prepared a notarized report on the condition of the vehicle or who testified at the arbitration hearing on behalf of the consumer. [PL 1999, c. 212, §4 (AMD).]

3. Administered by Attorney General. The Department of the Attorney General shall promulgate rules governing the proceedings of state-certified arbitration which shall promote fairness and efficiency. These rules shall include, but are not limited to, a requirement of the personal objectivity of each arbitrator in the results of the dispute that that arbitrator will hear, and the protection of the right of each party to present its case and to be in attendance during any presentation made by the other party. [PL 1989, c. 570, §5 (NEW).]

4. Consumer arbitration relief. If a motor vehicle is found by state-certified arbitration to have met the standards set forth in section 1163, subsection 2 , for vehicles required to be replaced or refunded, and if the manufacturer of the motor vehicle is found to have failed to provide the refund or replacement as required, the manufacturer shall, within 21 days from the receipt of a finding, deliver the refund or replacement, including the costs and collateral charges set forth in section 1163, subsection 2 , or appeal the finding in Superior Court. For good cause, a manufacturer may seek from the Department of the Attorney General an extension of the time within which it must deliver to the consumer a replacement vehicle. [PL 1989, c. 570, §5 (NEW).]

5. Appeal of arbitration decision. An appeal by a manufacturer or the consumer of the arbitrator's findings may not be heard unless the petition for appeal is filed with the Superior Court of the county in which the sale occurred, within 21 days of issuance of the finding of the state-certified arbitration. The appeal must be a trial de novo. The arbitrator and the Department of the Attorney General may not be parties in any such appeal and may not be called as witnesses. The Department of the Attorney General may submit an amicus curiae brief. In the event that any state-certified arbitration resulting in an award of a refund or replacement is upheld by the court, recovery by the consumer may include continuing damages up to the amount of $25 per day for each day subsequent to the day the motor vehicle was returned to the manufacturer, pursuant to section 1163 , that the vehicle was out of use as a direct result of any nonconformity not issuing from owner negligence, accident, vandalism or any attempt to repair or substantially modify the vehicle by a person other than the manufacturer, its agent or authorized dealer, provided that the manufacturer did not make a comparable vehicle available to the consumer free of charge. In addition to any other recovery, any prevailing consumer must be awarded reasonable attorney's fees and costs. If the court finds that the manufacturer did not have any reasonable basis for its appeal or that the appeal was frivolous, the court shall double the amount of the total award to the consumer. [PL 1999, c. 212, §4 (AMD).]

6. Consumer's rights if arbitrator denies relief. The provisions of this chapter shall not be construed to limit or restrict in any way the rights or remedies provided to consumers under this chapter or any other state law. In addition, if any consumer is dissatisfied with any finding of state-certified arbitration, the consumer shall have the right to apply to the manufacturer's informal dispute settlement procedure, if the consumer has not already done so, or may appeal that finding to the Superior Court of the county in which the sale occurred, within 21 days of the decision. [PL 1989, c. 570, §5 (NEW).]

7. Disclosure of consumer lemon law rights. A clear and conspicuous disclosure of the rights of the consumer under this chapter shall be provided by the manufacturer to the consumer along with ownership manual materials. The form and manner of these notices shall be prescribed by rule of the Department of the Attorney General. The notice disclosures shall not include window stickers. [PL 1989, c. 570, §5 (NEW).]

8. Manufacturer's failure to abide by arbitrator's decision. The failure of a manufacturer either to abide by the decision of state-certified arbitration or to file a timely appeal shall entitle any prevailing consumer who has brought an action to enforce this chapter to an award of no less than 2 times the actual award, unless the manufacturer can prove that the failure was beyond the manufacturer's control or can show it was the result of a written agreement with the consumer. [PL 1989, c. 570, §5 (NEW).]

9. Consumer request for information. Upon request from the consumer, the manufacturer or dealer shall provide a copy of all repair records for the consumer's motor vehicle and all reports relating to that motor vehicle, including reports by the dealer or manufacturer concerning inspection, diagnosis or test-drives of that vehicle and any technical reports, bulletins or notices issued by the manufacturer regarding the specific make and model of the consumer's new motor vehicle as it pertains to any material, feature, component or the performance of the motor vehicle. [PL 1989, c. 570, §5 (NEW).]

10. Penalties. It shall be prima facie evidence of an unfair trade practice under Title 5, chapter 10 , for a manufacturer, within 21 days of receipt of any finding in favor of the consumer in state-certified arbitration, to fail to appeal the finding and not deliver a refund or replacement vehicle or not receive from the Department of the Attorney General an extension of time for delivery of the replacement vehicle. [PL 1989, c. 570, §5 (NEW).]

11. Arbitration and mediation account. To defray the costs incurred by the Department of the Attorney General in resolving consumer new and used motor vehicle disputes through the lemon law arbitration program and, for vehicles that do not qualify for arbitration, the consumer mediation service, the following fees are imposed. A. A $1 lemon law arbitration program fee must be collected by the authorized new car dealer from the purchaser as part of each new motor vehicle sale agreement. [PL 1993, c. 415, Pt. K, §2 (NEW).] B. A $1 consumer mediation service fee must be collected by the used car dealer from the purchaser as part of each used motor vehicle sale agreement. [PL 1993, c. 415, Pt. K, §2 (NEW).] The Secretary of State shall adopt rules to implement this subsection. The rules must provide that the fees imposed by this subsection must be forwarded annually by the dealer or its successor to the Secretary of State and deposited in the General Fund. At the end of each fiscal year, the Department of the Attorney General shall prepare a report listing the money generated by these fees during the fiscal year and the expenses incurred in administering its consumer dispute resolution programs. [PL 1993, c. 415, Pt. K, §2 (RPR).]
10 M.R.S. § 1475 — ME Code / Title 10 / Part 3 / Chapter 217 / Section 1475
10 §1475. Disclosure of information
Status: in_force

1. Written disclosure statement. No dealer may sell, negotiate the sale of, offer for sale or transfer any used motor vehicle, including any used motor vehicle transferred to another dealer, unless the dealer affixes to the vehicle a conspicuous written statement containing the information required by subsection 2‑A . [PL 1991, c. 824, Pt. A, §16 (AMD).]

2. Required contents of disclosure statement. [PL 1989, c. 878, Pt. F, §2 (RP).]

2-A. Required contents of disclosure statement. The statement required by subsection 1 must contain a complete description of the motor vehicle to be sold, including, but not limited to: A. The make, model, model year and any identification or serial numbers of the motor vehicle; [PL 1989, c. 878, Pt. F, §3 (NEW).] B. The dealer's duty to disclose promptly the name and address of the previous owner of the motor vehicle, or dealer, upon the request of any person, the principal use to which the motor vehicle was put by that owner, such as personal transportation, police car, daily rental car, taxi, rideshare, livery service or other descriptive term, and the type of sale or other means by which the person acquired the motor vehicle, such as trade-in, sheriff's sale, repossession, auction or other descriptive term, to the extent that such information is reasonably available to the person; [PL 2015, c. 167, §2 (AMD).] C. A statement identifying any and all mechanical defects known to the dealer at the time of sale; [PL 1989, c. 878, Pt. F, §3 (NEW).] D. A statement identifying the type of damage, if any, that the vehicle has sustained, such as fire, water or substantial collision damage, if that information is known to the dealer; [PL 1989, c. 878, Pt. F, §3 (NEW).] E. A statement, if applicable, that implied warranties with respect to the vehicle are excluded or modified. Nothing in this paragraph may be construed to affect the requirements of Title 11, section 2‑316 ; [PL 1989, c. 878, Pt. F, §3 (NEW).] F. A statement, if applicable, disclosing that the vehicle was returned to the manufacturer, its agent or authorized dealer, for its nonconformity with express warranties. The statement must identify the nature of the nonconformities; [PL 1995, c. 269, §2 (AMD).] G. If the vehicle is repossessed, a statement identifying this fact; [PL 2015, c. 167, §3 (AMD).] H. The dealer's duty to disclose conspicuously in writing the dealer's policy in relation to the return of deposits received from any person. A dealer shall require that a person making a deposit sign the form on which the disclosure appears ; and [PL 2015, c. 167, §4 (AMD).] I. A dealer that provides to a consumer a vehicle history report prepared by a person other than the dealer has no liability for inaccuracies in the vehicle history report if the dealer makes the following disclosure: "[Name of dealer] is pleased to provide you a courtesy copy of a service history report for the vehicle you are considering purchasing. [Name of dealer] makes no representation as to the accuracy of this service history report." [PL 2015, c. 167, §5 (NEW).] The Bureau of Motor Vehicles may adopt rules related to this section, including, but not limited to, rules establishing uniform disclosure forms and stickers. The Bureau of Motor Vehicles may include in any rule establishing uniform disclosure forms and stickers any information that the Federal Trade Commission requires to be disclosed on a sticker pursuant to the Motor Vehicle Trade Regulation Rule, 16 Code of Federal Regulations, Part 455, except that the Bureau of Motor Vehicles may not include in any uniform disclosure form or sticker information from the Federal Trade Commission rule that conflicts in any manner with the information required by this section. Any dealer who offers for sale to the consuming public a repossessed vehicle that has been obtained by the dealer through any transaction other than a retail sale and who meets the warranty and disclosure requirements of section 1474 and subsection 1 and this subsection has no other liability under this chapter, except for any additional warranties negotiated between the dealer and the consumer. The dealer must require the buyer to sign and date the disclosure statement, provide the buyer with a copy of the signed and dated statement and maintain a copy of the signed and dated statement for 3 years following the sale of the vehicle. [PL 2015, c. 167, §§2-5 (AMD).]

3. Written statement. A dealer shall obtain from the seller of a used motor vehicle a written statement containing the following information: A. The make, model, model year and any identification or serial numbers of the motor vehicle; [PL 1995, c. 625, Pt. A, §16 (RPR).] B. The name and address of the seller, the principal use to which the motor vehicle was put by the seller, such as personal transportation, police car, daily rental car, taxi, rideshare, livery service or other descriptive term; [PL 2015, c. 167, §6 (AMD).] C. A statement identifying any and all mechanical defects known to the seller at the time of sale; and [PL 1995, c. 625, Pt. A, §16 (RPR).] D. A statement identifying the type of damage, if any, that the vehicle has sustained, such as fire, water or substantial collision damage, if such information is known to the seller. [PL 1995, c. 625, Pt. A, §16 (RPR).] Any dealer who offers for sale to consumers a repossessed vehicle that has been obtained by the dealer through any transaction other than a retail sale is not subject to the provisions of this subsection. A dealer is not subject to the provisions of this subsection if that dealer offers for sale to consumers a used motor vehicle that has been obtained by the dealer through an auction located outside the State at which buyers are limited to licensed dealers and the seller of the used motor vehicle is neither a resident of this State nor a dealer licensed in this State, if the dealer clearly discloses on the written disclosure statement required by subsections 1 and 2‑A that the vehicle was acquired at an out-of-state auction and that historical information regarding mechanical defects and substantial damage is not available. The seller of the used motor vehicle shall sign and date this written statement and the dealer who buys the vehicle shall maintain a record of it for 2 years following the sale of the motor vehicle. As used in subsection 2‑A and this subsection, "substantial collision damage" means any damage to a motor vehicle from a collision when the costs of repair of that damage, at the time of repair, including replacement of mechanical and body parts, exceed $3,000. [PL 2015, c. 167, §6 (AMD).]

4. Lemon law buybacks. If a vehicle has been the subject of a complaint pursuant to chapter 203‑A or any state's new motor vehicle lemon law that protects consumers from motor vehicles that do not conform to all manufacturer express warranties and that complaint was either filed in court or accepted for state-certified arbitration and the manufacturer subsequently purchased back the vehicle, either as the result of a court or arbitration order or voluntary settlement: A. The dealer must disclose this fact, if known, when disclosing any defects pursuant to subsection 2‑A ; and [PL 1993, c. 112, §3 (NEW).] B. The manufacturer must disclose this fact when selling the vehicle to a dealer and completing the statement required by subsection 3 . [PL 1993, c. 112, §3 (NEW).] [PL 1993, c. 112, §3 (NEW).]

5. Extended service warranty arbitration location. An extended service warranty that was sold in this State for a motor vehicle registered in this State that includes a clause indicating that arbitration is required must require the location of the arbitration to be in this State. [PL 2005, c. 476, §3 (NEW).]
10 M.R.S. § 1495-F — ME Code / Title 10 / Part 3 / Chapter 222 / Section 1495-F
10 §1495-F. Powers of administrator
Status: in_force

1. Examinations. The administrator shall establish a program of regular examinations of payroll processors subject to the provisions of this chapter. The regular examinations must be conducted not less frequently than every 18 months. The administrator may, in the administrator's discretion, use an audit report of a payroll processor performed by the processor or another party to supplement or substitute for the administrator's own regular examination. In addition, the administrator may, at any time, conduct a special examination or investigation of any payroll processor the administrator believes has engaged in conduct that is a violation of any provision in this chapter. For purposes of both routine and special examinations and investigations, the payroll processor shall give the administrator free and reasonable access to the offices, places of business and records of the payroll processor, and the administrator may make and procure copies of those records, books, documents or other materials without employing the subpoena powers provided by subsection 2 . For purposes of both routine and special examinations and investigations, and in addition to reviewing for compliance with other provisions of this chapter, the administrator may review the safety and soundness of the payroll processor, including but not limited to an examination of its assets and liabilities and its investments of employer funds to ensure that the payroll processor is utilizing prudent investment practices with respect to those funds. [PL 2003, c. 668, §6 (NEW); PL 2003, c. 668, §12 (AFF).]

2. Subpoenas. For the purposes of this section, the administrator may administer oaths or affirmations and, upon the administrator's own motion or upon request of any party, may subpoena witnesses, compel their attendance, adduce evidence and require the production of any matter that is relevant to an examination or investigation, including the existence, description, nature, custody, condition and location of any books, documents or other material and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of admissible evidence. [PL 2003, c. 668, §6 (NEW); PL 2003, c. 668, §12 (AFF).]

3. Inspection of records. If the payroll processor's records are located outside this State, that payroll processor, at the administrator's option, shall either make the records available to the administrator at a convenient location within the State or allow the administrator or the administrator's representatives to inspect them at the place where the records are maintained. The administrator may designate representatives, including comparable officials of the state in which the records are located, to inspect them on the administrator's behalf. [PL 2003, c. 668, §6 (NEW); PL 2003, c. 668, §12 (AFF).]

3-A. Accounting standards and escrow requirement. To facilitate the administrator's compliance examination responsibilities, a payroll processor shall maintain a trust account for client funds in accordance with generally accepted accounting principles, international accounting standards or other recognized accounting standards. A payroll processor may not commingle funds held on behalf of its clients with the payroll processor's operating funds. [PL 2011, c. 308, §6 (NEW).]

4. Maintenance of records. A payroll processor shall maintain records of its payroll processing service activity in conformity with generally accepted accounting principles and practices and in a manner that will enable the administrator to determine whether the payroll processor is complying with the provisions of this chapter. The records need not be kept in the place of business where the activity took place if the administrator is given free access to the records, wherever located. All records relating to payroll processing services must be maintained for at least 6 years from the end of the fiscal year in which the activity took place. [PL 2003, c. 668, §6 (NEW); PL 2003, c. 668, §12 (AFF).]

5. Enforcement. If an individual without lawful excuse fails to obey a subpoena or to give testimony when directed to do so by the administrator or obstructs the proceedings by any means, whether or not in the presence of the administrator, that individual is guilty of contempt. The administrator, through the Attorney General, may file a complaint in the Superior Court of the county in which an act on which the complaint is based was performed or in which the individual resides or transacts business setting forth the facts constituting the contempt and requesting an order returnable in not less than 2 days nor more than 5 days directing the individual to show cause before the court why the individual should not be punished for contempt. If the court determines that the individual has committed any alleged contempt, the court shall punish the offender for contempt. [PL 2003, c. 668, §6 (NEW); PL 2003, c. 668, §12 (AFF).]

6. Expenses. At the discretion of the administrator, the expenses of the administrator necessarily incurred in the examination or investigation of any payroll processor engaged in conduct governed by this chapter may be charged to that payroll processor. That payroll processor may be assessed for the actual expenses incurred by the administrator, including, but not limited to, travel expenses and the proportionate part of the salaries and expenses of examiners engaged in the examination or investigation. Notice of any assessment of those costs must be given to the payroll processor by the administrator as soon as feasible after the close of the examination or investigation and the payroll processor must have the time specified by the administrator to pay the assessment, which may not be less than 30 days. [PL 2003, c. 668, §6 (NEW); PL 2003, c. 668, §12 (AFF).]

7. Rules. The administrator may adopt reasonable rules governing payroll processors in accordance with this chapter. These rules are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2003, c. 668, §6 (NEW); PL 2003, c. 668, §12 (AFF).]
10 M.R.S. § 9045 — ME Code / Title 10 / Part 11 / Chapter 951 / Section 9045
10 §9045. New unit and inspection fees
Status: in_force

A fee for each new dwelling unit that is installed in the State and fees for inspection of manufactured housing that must be paid by the manufacturer, dealer, developer dealer, installer or mechanic whose actions or failure to act gave rise to the necessity of the inspection are set under section 9021, subsection 2-A . [PL 2007, c. 402, Pt. D, §9 (RPR).]

1. Fee for new units. [PL 2007, c. 402, Pt. D, §9 (RP).]

2. Fee for inspection. [PL 2007, c. 402, Pt. D, §9 (RP).]
10 M.R.S. § 2754 — ME Code / Title 10 / Part 6 / Chapter 501 / Section 2754
10 §2754. Presumptive evidence
Status: in_force

Whenever there shall exist a weight or measure or weighing or measuring device in or about any place in which or from which buying or selling is commonly carried on, there shall be a rebuttable presumption that such weight or measure or weighing or measuring device is regularly used for the business purposes of that place. [PL 1973, c. 91, §12 (NEW).]
10 M.R.S. § 8003-F — ME Code / Title 10 / Part 9 / Chapter 901 / Section 8003-F
10 §8003-F. Disposition of fees
Status: in_force

All money received by the Office of Professional and Occupational Regulation on behalf of a board or commission listed in section 8001, subsection 38 or by the Office of Professional and Occupational Regulation to perform the regulatory functions listed in section 8001, subsection 38 must be paid to the Treasurer of State and credited to the account for that board, commission or regulatory function within the budget of the Office of Professional and Occupational Regulation. [PL 1999, c. 687, Pt. C, §12 (NEW); PL 2011, c. 286, Pt. B, §5 (REV).]

Money received by the Office of Professional and Occupational Regulation on behalf of a board or commission listed in section 8001, subsection 38 or by the Office of Professional and Occupational Regulation to perform the regulatory functions listed in section 8001, subsection 38 must be used for the expenses of administering its statutory responsibilities, including, but not limited to, the costs of conducting investigations, taking testimony, procuring the attendance of witnesses, all legal proceedings initiated for enforcement and administering the office. [PL 1999, c. 687, Pt. C, §12 (NEW); PL 2011, c. 286, Pt. B, §5 (REV).]

Any balance of these fees may not lapse but must be carried forward as a continuing account to be expended for the same purposes in the following fiscal years. [PL 1999, c. 687, Pt. C, §12 (NEW).]
10 M.R.S. § 1131 — ME Code / Title 10 / Part 3 / Chapter 202-A / Section 1131
10 §1131. Limitation on requests for certain types of identification
Status: in_force

No person accepting a negotiable instrument as payment in full or in part for goods or services may require the payor to use a bank credit card as a form of identification if the payor does not possess a bank credit card. This section does not limit the other reasonable forms of identification a payee may require before accepting a negotiable instrument. [PL 1987, c. 244 (NEW).]
10 M.R.S. § 1293 — ME Code / Title 10 / Part 3 / Chapter 208-B / Section 1293
10 §1293. Warranty obligations
Status: in_force

1. Payment of warranty claim. Whenever a supplier and a dealer enter into an agreement providing consumer warranties, the supplier shall pay any warranty claim made by the dealer for warranty parts or service within 30 days after its receipt and approval. The supplier shall approve or disapprove a warranty claim within 30 days after its receipt. If a claim is not specifically disapproved in writing within 30 days after its receipt, it is deemed to be approved and payment must be made by the supplier within 30 days. A. A dealer that performs warranty work as provided for in this section must be compensated for the dealer's labor in an amount that is not less than the reasonable and customary amount of time required to complete such work, expressed in hours and fractions of hours, multiplied by the dealer's established hourly labor rate. Prior to filing a claim for warranty work, the dealer shall notify the supplier of the dealer's hourly retail labor rate. [PL 2005, c. 317, §1 (NEW).] B. A dealer that performs warranty work as provided for in this section must be compensated for parts used in fulfilling such warranty work in an amount that is not less than the dealer's costs for such parts plus 20% or the supplier's suggested retail price for such parts, whichever is greater, plus all freight and handling charges applicable to such parts, to reimburse the dealer's reasonable costs of doing business and providing such warranty service on behalf of the supplier. If the warranty work is provided on behalf of the supplier on a product sold by a nonservicing dealer, the compensation for parts used in fulfilling such warranty work must be at an amount that is not less than the supplier's suggested list price or dealer's cost plus 30%, whichever is greater, plus freight and handling charges applicable to such parts. [PL 2011, c. 236, §15 (AMD); PL 2011, c. 236, §18 (AFF).] [PL 2011, c. 236, §15 (AMD); PL 2011, c. 236, §18 (AFF).]

2. Indemnity. Whenever a supplier and a dealer enter into a dealer agreement, the supplier shall indemnify and hold harmless the dealer against any judgment for damages arising from breach of warranty or rescission of the sale by the supplier. [PL 1995, c. 462, Pt. A, §22 (NEW); PL 1995, c. 462, Pt. A, §23 (AFF).]
10 M.R.S. § 1434 — ME Code / Title 10 / Part 3 / Chapter 214-A / Section 1434
10 §1434. Prohibited conduct
Status: in_force

The following acts are unfair methods of competition and unfair and deceptive practices. It is unlawful for any: [PL 1997, c. 427, §2 (NEW).]

1. Damage to public. Manufacturer or recreational vehicle dealer to engage in any action that is arbitrary, in bad faith or unconscionable and causes damage to any manufacturer or dealer parties or to the public; [PL 1997, c. 427, §2 (NEW).]

2. Coercion involving deliveries and orders. Manufacturer or officer, agent or other representative of that manufacturer to coerce or attempt to coerce any recreational vehicle dealer: A. To order or accept delivery of any recreational vehicle, appliances, equipment, parts or accessories for a recreational vehicle or any other commodity or commodities not required by law that the recreational vehicle dealer has not voluntarily ordered, or to order or accept delivery of any recreational vehicle with special features, appliances, accessories or equipment not included in the list price of the recreational vehicle if such price exists, as publicly advertised by the manufacturer; or [RR 2009, c. 2, §17 (COR).] B. To order for any person any parts, accessories, equipment, machinery, tools, appliances or any other commodity; [PL 1997, c. 427, §2 (NEW).] [RR 2009, c. 2, §17 (COR).]

3. Certain interference in dealer's business. Manufacturer or officer, agent or other representative of that manufacturer: A. To refuse to deliver in reasonable quantities and within a reasonable time after receipt of a dealer's order to any recreational vehicle dealer having a dealer agreement or contractual arrangement for the retail sale of new recreational vehicles sold or distributed by that manufacturer any recreational vehicles that are covered by that dealer agreement or contract and specifically publicly advertised by that manufacturer to be available for delivery in a reasonable time, except that the failure to deliver any recreational vehicle is not a violation of this chapter if that failure is due to an act of God or work stoppage or delay due to a strike or labor difficulty, shortage of materials, freight embargo or other cause over which the manufacturer or any of its agents has no control; [PL 1997, c. 427, §2 (NEW).] B. To coerce or attempt to coerce any recreational vehicle dealer to enter into any agreement with a manufacturer or an officer, agent or other representative of that manufacturer or to do any other act prejudicial to that dealer by threatening to cancel any dealer agreement or any contractual agreement existing between the manufacturer and that dealer. Notice in good faith to any recreational vehicle dealer of that dealer's violation of any terms or provisions of that dealer agreement or contractual agreement or insisting in good faith on the dealer's compliance with the terms or provisions of the dealer agreement or any other contractual agreement does not constitute a violation of this chapter; [PL 1997, c. 427, §2 (NEW).] C. To resort to or use any false or misleading advertisement in connection with the manufacturer's business as a manufacturer or an officer, agent or other representative of that manufacturer or to force any dealer to participate in any advertising campaign or contest, or to purchase any unnecessary or unreasonable quantities of promotional materials, display devices or display decorations or materials at the expense of the new recreational vehicle dealer; [RR 2009, c. 2, §18 (COR).] D. To offer to sell or to sell any new recreational vehicle at a lower price than the price offered to any other recreational vehicle dealer for the same model vehicle similarly equipped or to utilize any device, including but not limited to sales promotion plans or programs, that results in that lower price. This paragraph does not apply to the following: (1) Sales to a recreational vehicle dealer for resale to any unit of the Federal Government; (2) Any manufacturer or any of its agents offering to sell or selling new recreational vehicles to all recreational vehicle dealers at an equal price; (3) Sales by a manufacturer to any unit of the Federal Government; and (4) Sales to a recreational vehicle dealer who buys a specified number of new recreational vehicles if the same offer is available to all recreational vehicle dealers; [PL 1997, c. 640, §1 (AMD).] E. To offer to sell or lease or to sell or lease any new recreational vehicle to any person, except a wholesaler or distributor, at a lower price than the price offered and charged to a recreational vehicle dealer for the same model vehicle similarly equipped or to utilize any device that results in that lower price. This paragraph does not apply to the sale or lease by a manufacturer to the Federal Government or any agency of the Federal Government; [PL 1997, c. 427, §2 (NEW).] F. To offer to sell or to sell parts or accessories to any new recreational vehicle dealer for use in that dealer's own business for the purpose of replacing or repairing the same or a comparable part or accessory at a lower price than the price charged for that part or accessory to any other new recreational vehicle dealer for similar parts or accessories for use in the dealer's own business. This paragraph does not prohibit a manufacturer from offering incentives providing unit discounts based on the number of recreational vehicle parts and accessories sold as long as the incentive is offered to all dealers meeting the same terms and conditions of that incentive; [PL 1997, c. 640, §2 (AMD).] G. To prevent or attempt to prevent by contract or otherwise any recreational vehicle dealer from changing the capital structure of that person's dealership or the means by or through which the dealer finances the operation of the person's dealership if the dealer at all times meets any reasonable capital standards agreed to between the dealer and the manufacturer and if that change by the dealer does not result in a change in the executive management control of the dealership; [PL 1997, c. 427, §2 (NEW).] H. To prevent or attempt to prevent by contract or otherwise any recreational vehicle dealer or any officer, partner or stockholder of any recreational vehicle dealer from selling or transferring any part of the interest of those persons to any other person or party. A dealer, officer, partner or stockholder may not sell, transfer or assign the rights under the dealer agreement or power of management or control without the consent of the manufacturer. The manufacturer may not unreasonably withhold that consent; [PL 1997, c. 427, §2 (NEW).] I. To obtain money, goods, services, anything of value or any other benefit from any other person with whom the recreational vehicle dealer does business, on account of or in relation to a transaction between the recreational vehicle dealer and the other person, unless that benefit is promptly accounted for and transmitted to the recreational vehicle dealer; [PL 1997, c. 427, §2 (NEW).] J. To compete with a recreational vehicle dealer operating under an agreement or dealer agreement from the manufacturer in a relevant market area that has been determined exclusively by equitable principles. A manufacturer is not considered to be competing when operating a dealership either temporarily for a reasonable period not to exceed 2 years or in a bona fide relationship in which an independent person has made a significant investment subject to loss in the dealership and can reasonably expect to acquire full ownership of the dealership on reasonable terms and conditions; [PL 2009, c. 562, §17 (AMD).] K. To require a recreational vehicle dealer to assent to a release assignment, novation, waiver or estoppel that relieves any person from liability imposed by this chapter; [PL 1997, c. 427, §2 (NEW).] L. To require any new recreational vehicle dealer to refrain from participation in the management of, investment in or the acquisition of any other line of new recreational vehicle or related product; [PL 1997, c. 427, §2 (NEW).] M. To require any new recreational vehicle dealer to change the location of the new recreational vehicle dealership or during the course of the agreement to make any substantial alterations to the dealership premises if the change or alteration is unreasonable; [PL 1997, c. 427, §2 (NEW).] N. To cancel, terminate, fail to renew or refuse to continue any dealer agreement with a licensed new recreational vehicle dealer, notwithstanding the terms, provisions or conditions of any agreement or the terms or provisions of any waiver, unless a manufacturer has: (1) Satisfied the notice requirement of paragraph Q ; (2) Acted in good faith as defined in section 1432, subsection 12 ; and (3) Good cause for the cancellation, termination, nonrenewal or noncontinuance; [PL 1997, c. 427, §2 (NEW).] O. To cancel, terminate, fail to renew or refuse to continue any dealer agreement with a licensed new recreational vehicle dealer, notwithstanding the terms, provisions or conditions of any agreement or the terms or provisions of any waiver unless good cause exists. Good cause exists for the purposes of a termination, cancellation, nonrenewal or noncontinuance when: (1) There is a failure by the new recreational vehicle dealer to comply with a provision of the dealer agreement that is both reasonable and of material significance to the contractual relationship as long as compliance on the part of the new recreational vehicle dealer is reasonably possible and the manufacturer first acquired actual or constructive knowledge of the failure not more than 180 days prior to the date on which notification is given pursuant to paragraph Q ; (2) The failure by the new recreational vehicle dealer, described in subparagraph (1), relates to the performance of the new recreational vehicle dealer in sales or service, then good cause is defined as the failure of the new recreational vehicle dealer to effectively carry out the performance provisions of the dealer agreement if: (a) The new recreational vehicle dealer was apprised 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 new recreational vehicle dealer was afforded a reasonable opportunity for a period of not less than 6 months to exert 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 of notification of termination, cancellation or nonrenewal was given pursuant to paragraph Q; and (c) The new recreational vehicle dealer has not substantially complied with reasonable performance criteria established by the manufacturer and communicated to that dealer; (3) The dealer and the manufacturer or distributor agree not to renew the dealer agreement; or (4) The manufacturer discontinues production or distribution of the recreational vehicle product in this State and, in the case of termination or cancellation, discontinues advertising that product within this State; [PL 1997, c. 427, §2 (NEW).] P. To cancel, terminate, fail to renew or refuse to continue any contractual relationship with a licensed new recreational vehicle dealer, notwithstanding the terms, provisions or conditions of any agreement or dealer agreement or the terms or provisions of any waiver, based on any of the following conditions, which do not constitute good cause: (1) The change of ownership of the new recreational vehicle dealer's dealership. This subparagraph does not authorize any change in ownership that has the effect of the sale of rights under the dealer agreement without the manufacturer's or distributor's written consent. This consent may not be unreasonably withheld. The burden of establishing the reasonableness is on the manufacturer or distributor; (2) The fact that the new recreational vehicle dealer unreasonably refused to purchase or accept delivery of any new recreational vehicle, parts, accessories or any other commodity or services not ordered by the new recreational vehicle dealer, except that the manufacturer may require that the dealer stock a reasonable supply of parts or accessories required to perform campaign, recall or warranty work and that this provision is not intended to modify or supersede any requirement of the dealer agreement that dealers market a representative line of those recreational vehicles that the manufacturer is publicly advertising; (3) The fact that the new recreational vehicle dealer owns, has an investment in, participates in the management of, or holds a license for, the sale of another make or line of new recreational vehicle or that the new recreational vehicle dealer has established another make or line of new recreational vehicle in the same dealership facilities as those of the manufacturer as long as the new recreational vehicle dealer maintains a reasonable line of credit for each make or line of new recreational vehicle and that the new recreational vehicle dealer remains in substantial compliance with reasonable facilities requirements of the manufacturer; (4) The fact that the new recreational vehicle dealer sells or transfers ownership of the dealership or sells or transfers capital stock in the dealership to the new recreational vehicle dealer's designated family member. The manufacturer shall give effect to that change in the ownership in the dealership. This subparagraph does not authorize any changes in ownership that have the effect of the sale of the dealership without the manufacturer's written consent. This consent may not be unreasonably withheld. The burden of establishing the reasonableness is on the manufacturer; or (5) The manufacturer has the burden of proof under paragraph N for showing that it has acted in good faith, that the notice requirements have been complied with and that there was good cause for the dealer agreements termination, cancellation, nonrenewal or noncontinuance; [PL 1997, c. 427, §2 (NEW).] Q. To cancel, terminate, fail to renew or refuse to continue any dealership relationship with a licensed new recreational vehicle dealer, notwithstanding the terms, provisions or conditions of any agreement or dealer agreement or the terms or provisions of any waiver, without first providing notification of the termination, cancellation, nonrenewal or noncontinuance to the new recreational vehicle dealer as follows: (1) Notification must be in writing and delivered personally or by certified mail to the new recreational vehicle dealer and contain: (a) A statement of intent to terminate the dealer agreement, cancel the dealer agreement, not continue the dealer agreement or not to renew the dealer agreement; (b) A statement of the reasons for the termination, cancellation, noncontinuance or nonrenewal; and (c) The date on which the termination, cancellation, noncontinuance or nonrenewal takes effect; (2) Notification may not be less than 90 days prior to the effective date of the termination, cancellation, noncontinuance or nonrenewal; or (3) Notification may not be less than 15 days prior to the effective date of the termination, cancellation, noncontinuance or nonrenewal with respect to any of the following: (a) Insolvency of the new recreational vehicle dealer or filing of any petition by or against the new recreational vehicle dealer under any bankruptcy or receivership law; (b) The business operations outlined by the dealer agreement have been abandoned or closed for 14 consecutive business days unless the closing is due to an act of God, a strike or labor difficulty; (c) Conviction of or plea of nolo contendere of a recreational vehicle dealer or one of its principal owners of any Class A, Class B or Class C crime, as defined in Title 17‑A , in which a sentence of imprisonment of 60 days or more is imposed under Title 17‑A, sections 1603 and 1604 ; (d) Revocation of the recreational vehicle dealer's license pursuant to Title 29‑A, section 903 ; or (e) A determination that there was a material fraudulent misrepresentation by the dealer to the manufacturer, distributor or wholesaler; or [PL 2019, c. 113, Pt. C, §6 (AMD).] R. To cancel, terminate, fail to renew or refuse to continue any dealer agreement with a licensed new recreational vehicle dealer without providing fair and reasonable compensation to the licensed new recreational vehicle dealer for: (1) All unsold and unaltered new model recreational vehicle inventory of the current model year and the previous model year purchased from the manufacturer; (2) Unused supplies and parts purchased from the manufacturer or its approved sources; (3) Equipment and furnishings purchased from the manufacturer or its approved sources; (4) Special tools purchased from the manufacturer or its approved sources; and (5) Facilities, if the involuntary termination, cancellation, noncontinuance or nonrenewal is due to a failure of performance of the new recreational vehicle dealer in sales or service and: (a) The new recreational vehicle dealer is leasing the dealership facilities from a lessor other than the manufacturer, the manufacturer shall pay the new recreational vehicle dealer a sum equivalent to the prorated portion of rent attributable to the manufacturer's terminated line for the unexpired term of the lease or one year's rent, whichever is less; or (b) The new recreational vehicle dealer owns the facilities, the manufacturer shall pay the new recreational vehicle dealer a sum equivalent to the prorated portion of the reasonable rental value of the facilities attributable to the manufacturer's terminated line for one year. The fair and reasonable compensation for the items listed in subparagraphs (1) to (5) may not be less than the acquisition price and must be paid by the manufacturer within 90 days of the effective date of the termination, cancellation, noncontinuance or nonrenewal. In lieu of any injunctive relief or any other damages, if the manufacturer fails to prove there was good cause for the termination, cancellation, noncontinuance or nonrenewal or if the manufacturer fails to prove that it acted in good faith, the manufacturer shall pay the new recreational vehicle dealer fair and reasonable compensation for the attributable value of the dealership as an ongoing business to the manufacturer's terminated line; and [PL 1997, c. 640, §3 (AMD).] [PL 2019, c. 113, Pt. C, §6 (AMD).]

4. Dealer violations. Recreational vehicle dealer: A. To require a purchaser of a new recreational vehicle, as a condition of sale and delivery of the new recreational vehicle, to also purchase special features, appliances, equipment, parts or accessories not desired or requested by the purchaser. The requirements of this paragraph must be conveyed by the recreational vehicle dealer to the purchaser prior to the consummation of the purchase; [PL 1997, c. 427, §2 (NEW).] B. To represent and sell as a new recreational vehicle any recreational vehicle that has been used and operated for demonstration purposes or is otherwise a used recreational vehicle; [PL 1997, c. 427, §2 (NEW).] C. To resort to or use any false or misleading advertisement in connection with that dealer's business as a recreational vehicle dealer; or [PL 1997, c. 427, §2 (NEW).] D. To fail to disclose conspicuously in writing the recreational vehicle dealer's policy relating to the return of a deposit received from any person. A dealer shall require that a person making a deposit sign the form on which the disclosure appears. [PL 1997, c. 427, §2 (NEW).] [PL 1997, c. 427, §2 (NEW).]
10 M.R.S. § 1413 — ME Code / Title 10 / Part 3 / Chapter 214 / Section 1413
10 §1413. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings. [PL 1979, c. 503, §2 (NEW).]

1. ASHRAE. "ASHRAE" means the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc. [PL 2003, c. 151, §1 (AMD).]

1-A. ASHRAE Standard 62-2001. [PL 2013, c. 120, §2 (RP).]

1-B. ASHRAE Standard 90.1, 2001. [PL 2013, c. 120, §3 (RP).]

2. BTU. "BTU" means British Thermal Unit which is the amount of thermal energy required to raise one pound of water one degree Fahrenheit. [PL 1979, c. 503, §2 (NEW).]

3. Change of use. [PL 2013, c. 120, §4 (RP).]

4. Commission. "Commission" means the Public Utilities Commission. [PL 2005, c. 350, §1 (AMD).]

5. Conditioned floor area. "Conditioned floor area" means the floor area within the building which is actively heated or cooled by a heating, ventilating or air conditioning system. [PL 1979, c. 503, §2 (NEW).]

6. Conditioned space. "Conditioned space" means space within the building which is actively heated or cooled by a heating, ventilating or air conditioning system. [PL 1979, c. 503, §2 (NEW).]

7. Commissioner. [PL 2005, c. 350, §2 (RP).]

7-A. Geothermal heat pump. "Geothermal heat pump" means a central heating or central cooling system that pumps heat to or from the ground. [PL 2011, c. 300, §1 (NEW).]

8. Gross floor area. "Gross floor area" means the total area of all floors within the conditioned space, including the floor area of heated basements, measured from exterior faces of exterior walls or the centerline of walls separating buildings. The floor areas of unconditioned spaces, such as unheated basements, garages and attics shall not be included in the gross floor area. [PL 1979, c. 503, §2 (NEW).]

9. Heat loss. "Heat loss" means the amount of heat transferred annually from the conditioned space to the outside or to an unconditioned space by means of conduction and infiltration as calculated by the method described in this chapter. [PL 1979, c. 503, §2 (NEW).]

9-A. Industrial building. [PL 2013, c. 120, §5 (RP).]

10. Infiltration. "Infiltration" means the uncontrolled movement of air into and out of the conditioned space through cracks and interstices in the building envelope. [PL 1979, c. 503, §2 (NEW).]

11. Manual of Accepted Practices. [PL 2003, c. 644, §2 (RP).]

12. Commercial building. [PL 2013, c. 120, §6 (RP).]

13. Person. "Person" means any natural person, firm, partnership, association, corporation or governmental entity. [PL 1979, c. 503, §2 (NEW).]

13-A. Primary heating system. "Primary heating system" means a heating system with a rated maximum heat output that is greater than 50% of the design heating load of the building or the unit. [PL 1991, c. 275, §1 (NEW); PL 1991, c. 275, §§4, 5 (AFF).]

14. Public building. [PL 2013, c. 120, §7 (RP).]

14-A. Remodeling. "Remodeling" means the addition to an existing building of new conditioned space that is heated electrically or the conversion of existing space from nonelectric heat to electric heat. [PL 1991, c. 275, §1 (NEW); PL 1991, c. 275, §§4, 5 (AFF).]

15. Renovation. "Renovation" means the reconstruction, removal or replacement of any portion or element of an existing building that affects the heat loss or gain of the building, illumination of the building or the heating, ventilating or air conditioning system of the building when the total cost of the renovation exceeds 75% of the assessed value of the building, but does not include normal maintenance and repair. [PL 1991, c. 275, §2 (AMD); PL 1991, c. 275, §§4, 5 (AFF).]

16. Residential building. [PL 2013, c. 120, §8 (RP).]
10 M.R.S. § 9097 — ME Code / Title 10 / Part 11 / Chapter 953 / Section 9097
10 §9097. Terms of rental agreement
Status: in_force

1. Eviction of tenant. A tenancy may be terminated by a park owner or operator only for one or more of the following reasons: A. Nonpayment of rent, utility charges or reasonable incidental service charges, except that no action for possession may be maintained if, prior to the expiration of a notice to quit, the tenant pays or tenders all arrearages due plus 5% of the outstanding rent or a maximum of $5 as liquidated damages; [PL 1997, c. 27, §1 (AMD).] B. Failure of the tenant or the tenant's cohabitees, guests or invitees to comply with local ordinances or state or federal law, rules or regulations relating to mobile homes or mobile home parks, as long as the tenant first is given written notice of failure to comply with those restrictions and a reasonable opportunity to comply with the restrictions; [PL 1997, c. 27, §1 (AMD).] C. Damage by the tenant or the tenant's cohabitees, guests or invitees to the demised property, except for reasonable wear and tear; [PL 1997, c. 27, §1 (AMD).] D. Repeated conduct of the tenant or the tenant's cohabitees, guests or invitees upon the mobile home park premises that disturbs the peace and quiet or safety of other tenants in the mobile home park; [PL 1997, c. 27, §1 (AMD).] E. Failure of the tenant or the tenant's cohabitees, guests or invitees to comply with reasonable written rules of the mobile home park as established by the park owner or operator in the rental agreement at the beginning of the tenancy or as subsequently amended, as long as the tenant first is given written notice of failure to comply and a reasonable opportunity to comply with those rules; [PL 1997, c. 27, §1 (AMD).] F. Condemnation or change of use of the mobile home park, as long as, in the case of change of use, one year's notice is given in writing to the tenant, unless at the beginning of the tenancy the tenant is given notice of the scheduled change of use; [PL 1997, c. 27, §1 (AMD).] G. Renovation or reconstruction of any portions of the park, if: (1) In the case of a temporary eviction, the park owner or operator: (a) Gives affected tenants 30 days' notice in writing, unless the temporary eviction is necessary to correct conditions posing an immediate threat to one or more tenants' health or safety; and (b) Pays the removal and relocation costs of tenants, except for those tenants who agree otherwise in a signed writing separate from the lease; or (2) In the case of a permanent eviction, other than an eviction due to reconstruction or renovation required by a federal, state or local governmental body, of one or more mobile homes currently located in the park, the park owner or operator: (a) Gives each tenant one year's notice in writing; or (b) To each tenant for whose home the park owner has found a reasonable alternative location acceptable to the tenant, gives 6 months' written notice and pays removal and relocation costs; [PL 1989, c. 662 (RPR).] H. Under terms and expressed conditions in the original lease or rental agreement that is entered into by the tenant and landlord; or [PL 1997, c. 27, §1 (AMD).] I. Violation by a tenant or the tenant's cohabitees, guests or invitees of paragraph A , B or E , 3 or more times in a 12-month period, notwithstanding the fact that the tenant in each case corrected the violation after being notified of the violation by the park owner or operator. For purposes of termination under this paragraph, the tenant or the tenant's cohabitees, guests or invitees must have engaged in at least 3 separate instances of misconduct. [PL 1997, c. 27, §1 (AMD).] [PL 1997, c. 27, §1 (AMD).]

1-A. Retaliation. The court may not order the termination of any tenancy if the tenant proves that the eviction action is primarily in retaliation for: A. The tenant's participation in establishing, or membership in, an organization concerned with landlord-tenant relationships; or [PL 1989, c. 650 (NEW).] B. The tenant's assertion of any right under this chapter. [PL 1989, c. 650 (NEW).] [PL 1989, c. 650 (NEW).]

1-B. Abandoned mobile home or manufactured housing. Manufactured housing that is abandoned or unclaimed by a tenant following the tenant's eviction in accordance with this section and section 9097‑B must be disposed of by a mobile home park owner or operator as follows. For purposes of this subsection, "manufactured housing" includes all housing described in section 9002, subsection 7 located in a land lease community or mobile home park. A. After a mobile home park owner or operator obtains a judgment for forcible entry and detainer, the mobile home park owner or operator shall send written notice by first-class mail, with proof of mailing, to the last known address of the tenant with a copy to the lienholder, if known. The notice must set forth the mobile home park owner's or operator's intent to dispose of the manufactured housing. The notice must advise the tenant and lienholder, if known, that if the tenant or lienholder does not respond to the notice within 14 calendar days the mobile home park owner or operator may dispose of the property as set forth in this subsection. If the tenant or lienholder does respond to the notice, the tenant or lienholder shall take possession of the property within 21 calendar days. Subsection 2‑B applies with respect to the rights and responsibilities of the lienholder. [PL 2011, c. 127, §1 (NEW).] B. If a tenant or lienholder claims ownership of the manufactured housing within 14 calendar days after the notice under paragraph A is sent, the tenant or lienholder shall take possession of the property within 21 calendar days of claiming ownership. If the tenant or lienholder timely claims the property but is not able to move the property within 21 days due to weather or posted road conditions, the mobile home park owner or operator shall allow the tenant or lienholder to remove the property after the 21-day period but the mobile home park owner or operator may charge for any additional costs incurred as a result of the delay. [PL 2011, c. 127, §1 (NEW).] C. If a tenant or lienholder does not claim ownership of the property within 14 calendar days after the notice under paragraph A is sent or fails to take possession of the property after claiming ownership pursuant to paragraph B , the mobile home park owner or operator may take one or more of the following actions: (1) Condition the release of the property to the tenant or lienholder upon payment of all rental arrearages, damages, costs of legal fees and costs of storage; (2) Sell any property for a reasonable fair market price and apply all proceeds to rental arrearages, damages, costs of storage, marketing expenses, legal fees and outstanding taxes. Any balance must be sent to the tenant's or lienholder's last known mailing address and, if returned to the sender, the balance must be forwarded to the Treasurer of State; and (3) Dispose of any property that has no reasonable fair market value. [PL 2011, c. 127, §1 (NEW).] [PL 2011, c. 127, §1 (NEW).]

2. Notice. A tenancy in a mobile home park may be terminated only by: A. The tenant giving at least 45 days' notice of termination to the park owner; or [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. The park owner entitled under subsection 1 to the mobile home space giving at least 45 days' notice of termination in writing to the tenant. If the landlord or the landlord's agent has made at least 3 witnessed good faith efforts made on 3 separate days to serve the tenant, service may be accomplished by both mailing the notice by first class mail to the tenant's last known address and by leaving the notice at the tenant's space in the park. (1) In cases where the reason for eviction is nonpayment of rent, the tenancy may be terminated by 30 days' notice given in the same manner provided that the notice for eviction contains notice of the amount owed and a statement indicating that the tenant can negate the effect of the notice of termination as it applies to rent arrearage if the tenant pays the full amount of rent due before the expiration of the notice. (2) In cases in which the reason for eviction is one listed in subsection 1, paragraph B , C , D , E , H or I , the 45 days' notice of termination must refer to relevant provisions of the lease or mobile home park rules and must state the reasons for the termination. [PL 1993, c. 211, §1 (AMD).] [PL 1993, c. 211, §1 (AMD).]

2-A. Notice to lienholders. [PL 1999, c. 207, §2 (RP).]

2-B. Responsibilities of park operator and lienholder. The responsibilities of the mobile home park operator and the holder of a lien on the tenant's mobile home are as follows. A. In the event the park operator moves to evict a tenant and there is a lien on the tenant's home, if the holder of the lien has provided the park operator with a notice of the lien and the notice includes the lienholder's mailing address, then prior to evicting the tenant who resides in that mobile home, the park operator shall give notice of the eviction in writing by certified mail to the lienholder at the time the park operator serves the tenant with a notice to quit. Following receipt of this notice from the park operator, the lienholder shall: (1) Declare, in writing and by certified mail, to the park operator that the lienholder intends to take possession of the mobile home and assume tenancy in the park. The lienholder shall pay to the park operator: (a) Any arrearage for rent and other recurring monthly fees owed the park operator by the tenant at the time of issuance of the notice to quit; (b) Rent and other charges that become due subsequent to issuance of the notice to quit. Rent and charges imposed pursuant to this division may not exceed 3 months of those rents and charges; and (c) Rent and other charges that become due subsequent to the issuance of a forcible entry and detainer or, if no forcible entry and detainer is issued, following abandonment by the tenant or possession of the home by the lienholder; or (2) Declare, in writing and by certified mail, to the park operator that the lienholder intends to take possession of the mobile home but not assume tenancy in the park. The lienholder also shall: (a) Pay to the park operator any arrearage for rent and other recurring monthly fees owed the park operator by the tenant at the time of issuance of the notice to quit; and (b) Remove the mobile home from the mobile home park. The arrearage for which the lienholder is responsible may not exceed 3 months rent and recurring fees. [PL 1999, c. 207, §3 (NEW).] B. In the event that the holder of a lien on a mobile home in a mobile home park intends to repossess that home, the holder of the lien shall provide the park operator with a notice that it holds a lien, which notice must include the lienholder's mailing address and shall: (1) Give notice in writing and by certified mail to the park operator of the lienholder's intent to repossess and that the lienholder intends to leave the mobile home in the park and assume tenancy in the park. The lienholder also shall pay to the park operator any arrearage for rent and other recurring monthly fees owed the park operator by the tenant at the time it takes possession of the mobile home and all rent and other charges that become due subsequent to the time it takes possession of the mobile home; or (2) Give notice in writing and by certified mail to the park operator of the lienholder's intent to repossess and that it does not intend to leave the mobile home nor assume tenancy in the park. The lienholder also shall pay to the park operator any arrearage for rent and other recurring monthly fees owed the park operator by the tenant at the time it takes possession of the mobile home and all rent and other charges that become due subsequent to the time it takes possession of the mobile home until the lienholder physically removes the mobile home from the park. The arrearage for which the lienholder is responsible may not exceed 3 months rent and other recurring fees. [PL 1999, c. 207, §3 (NEW).] Notwithstanding this subsection, the lienholder and the park operator may agree to an alternative arrangement if they so choose. [PL 1999, c. 207, §3 (NEW).]

3. Fees. The owner of a mobile home park or the owner's agents may not charge any fees to tenants other than charges for rent, utilities, reasonable incidental service charges, entrance fees or security deposits, unless otherwise provided for in the original lease or agreement. The owner of a mobile home park or the owner's agents may not charge any entrance fee, regardless of what that fee is called, to a tenant who is moving into a mobile home currently in the mobile home park that is greater than 2 times the amount of the monthly rent. [PL 2005, c. 156, §1 (AMD).]

4. Rules. A mobile home park owner may adopt reasonable rules governing the conduct of tenants, if the rules are reasonably related to preserving the order and peace of other tenants and the mobile home park. A park rule may not be unreasonable, unfair or unconscionable. Any rule or change in rent that does not apply uniformly to all park tenants creates a rebuttable presumption that the rule or change in rent is unfair unless the rule or change in rent is made by majority vote of all the members in a resident-owned cooperative. Any park rule that does not comply with this section is void. For purposes of this subsection, "resident-owned cooperative" means a corporation or other legal entity that owns the mobile home park, the ownership interest in which is held only by residents of the mobile home park. [PL 1991, c. 738 (AMD).]

5. Tenant to be given copy of rules and applicable laws. Before any rental agreement is entered into, the owner must provide each tenant who resides in the park and all prospective tenants with: A. A written copy of the rules of the mobile home park; 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).] B. A written copy of this chapter. [PL 1989, c. 104, Pt. B, §5 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).] [PL 1989, c. 104, Pt. B, §5 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]

6. Enforcement. In addition to any other remedy under this chapter, any mobile home park resident may sue to enforce any provision of this section and the court may award damages or grant injunctive or other appropriate relief. [PL 1989, c. 104, Pt. B, §6 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]

7. Waiver prohibited. No lease or rental agreement, oral or written, may contain any provision by which the tenant waives any rights under this chapter. Any such waiver is contrary to public policy and unenforceable. [PL 1989, c. 104, Pt. B, §7 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]

8. Written or oral rental agreement. Nothing in this section may be construed to permit a park owner or operator to vary the terms of a written or oral rental agreement without the express written consent of the tenant. [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).]

9. Rental agreements involving children. [PL 1989, c. 104, Pt. B, §8 (RP); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]

10. Discrimination against tenants with children prohibited. Discrimination against any tenant with children is prohibited in accordance with Title 5, chapter 337 . [PL 2005, c. 683, Pt. B, §7 (AMD).]

11. Breach of warranty of habitability as an affirmative defense. In an action brought by a mobile home park owner to terminate a rental agreement on the ground that the tenant is in arrears in the payment of rent, the tenant may raise, as a defense, any alleged violation of the implied warranty and covenant of habitability provided that: A. The tenant gave the mobile home park owner, or the owner's agent has received, actual notice of the alleged violation while the tenant was current in rental payments; [PL 1989, c. 687 (NEW).] B. The park owner or operator unreasonably failed under the circumstances to take prompt, effective steps to repair or remedy the condition; and [PL 1989, c. 687 (NEW).] C. The condition was not caused by the tenant or another person acting under the tenant's control. [PL 1989, c. 687 (NEW).] Upon finding that the leased premises is not fit for human habitation, the court shall permit the tenant either to terminate the rental agreement without prejudice or to reaffirm the rental agreement and the court shall assess against the tenant an amount equal to the reduced fair rental value of the property for the period during which rent is owed. The reduced amount of rent owed is to be paid on a pro rata basis, unless the parties agree otherwise, and payments are due at the same intervals as rent for the current rental period. The mobile home park owner may not charge the tenant for the full rental value of the property until the property is fit for human habitation. [PL 1989, c. 687 (NEW).]

12. Application; mobile homes owned by park. If a park owner or operator owns a mobile home in the mobile home park and rents that mobile home, termination of the tenancy is governed by the terms of the lease. If there is no lease agreement, the tenancy is a tenancy at will and termination is governed by Title 14, section 6002 . [PL 1999, c. 287, §1 (NEW).]
10 M.R.S. § 1100-T — ME Code / Title 10 / Part 2 / Chapter 110 / Section 1100-T
10 §1100-T. Tax credit certificates
Status: in_force

1. Legislative findings; authorization. The Legislature finds that the growth of new and existing small businesses in the State results in increased job opportunities for Maine residents, produces more spending in the State and increases municipal tax bases. Businesses that export their products or services out of the State bring capital into the State and help to develop export markets for Maine products. Small new and existing businesses can provide significant economic benefits to the State if they can obtain sufficient seed equity financing to carry them from start-up through the initial development phases of a business. The jobs created by such businesses tend to pay higher wages and offer more benefits than other businesses; however, the per capita level of private venture capital investment in businesses located in the State is substantially below the national average and the average of the other New England states. In order to encourage the increased availability of risk equity capital to enterprises that have the potential for rapid growth and that bring capital into the State, the authority is authorized to issue certificates of eligibility for the seed capital investment tax credit permitted by Title 36, section 5216‑B , subject to the requirements of this section. This program is known as the Maine Seed Capital Tax Credit Program. [PL 2011, c. 454, §1 (AMD).]

1-A. Private venture capital fund. As used in this section, "private venture capital fund" means a professionally managed pool of capital organized to make equity or equity-like investments in unrelated private companies using capital derived from multiple limited partners or members at least half of which, measured in dollar commitments, are unaffiliated and unrelated, and includes any venture capital fund licensed by the United States Small Business Administration. The authority may require such information as may be necessary or desirable for determining whether an entity qualifies as a private venture capital fund. An entity that otherwise qualifies as a private venture capital fund may elect not to be treated as a private venture capital fund for purposes of this section with respect to any investment. [PL 2013, c. 438, §2 (AMD).]

2. Eligibility for tax credit certificate for individuals and entities other than venture capital funds. The authority shall adopt rules in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 , to implement the program. Without limitation, the requirements for eligibility for a tax credit certificate include the following. A. For investments made in tax years beginning before January 1, 2012, a tax credit certificate may be issued in an amount not more than 40% of the amount of cash actually invested in an eligible Maine business in any calendar year or in an amount not more than 60% of the amount of cash actually invested in any one calendar year in an eligible Maine business located in a high-unemployment area, as determined by rule by the authority. For investments made in tax years beginning on or after January 1, 2012, a tax credit certificate may be issued to an investor other than a private venture capital fund in an amount not more than 60% of the amount of cash actually invested in an eligible Maine business in any calendar year. For investments made in tax years beginning on or after January 1, 2014, a tax credit certificate may be issued to an investor other than a private venture capital fund in an amount not more than 50% of the amount of cash actually invested in an eligible Maine business in any calendar year. For investments made on or after April 1, 2020, a tax credit certificate may be issued to an investor other than a private venture capital fund in an amount not more than 40% of the amount of cash actually invested in an eligible Maine business in any calendar year. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 616, Pt. LL, §1 (AMD).] B. The Maine business must be determined by the authority to be a manufacturer or a value-added natural resource enterprise; must provide a product or service that is sold or rendered, or is projected to be sold or rendered, predominantly outside of the State; must be engaged in the development or application of advanced technologies; or must be certified as a visual media production company under Title 5, section 13090‑L . The business must certify that the amount of the investment is necessary to allow the business to create or retain jobs in the State. [PL 2013, c. 438, §3 (AMD).] C. Aggregate investment eligible for tax credits may not be more than $5,000,000 for any one business as of the date of issuance of a tax credit certificate. Beginning with investments made on or after April 1, 2020, aggregate investment eligible for tax credits may not be more than $3,500,000 for any one business as of the date of issuance of a tax credit certificate and not more than $2,000,000 for any calendar year. Notwithstanding the other provisions of this paragraph, with respect to a business that was approved by the authority as an eligible business under this subsection before April 1, 2020, the aggregate investment eligible for tax credits may not be more than $5,000,000 for that business as of the date of the issuance of the tax credit certificate, and the $2,000,000 annual limitation does not apply. [PL 2021, c. 412, §1 (AMD).] D. The investment with respect to which any individual is applying for a tax credit certificate may not be more than an aggregate of $500,000 in any one business in any 3 consecutive calendar years, except that this paragraph does not limit other investment by any applicant for which that applicant is not applying for a tax credit certificate and except that, if the entity applying for a tax credit certificate is a partnership, limited liability company, S corporation, nontaxable trust or any other entity that is treated as a flow-through entity for tax purposes under the federal Internal Revenue Code but not as a private venture capital fund, the aggregate limit of $500,000 applies to each individual partner, member, stockholder, beneficiary or equity owner of the entity and not to the entity itself. [PL 2013, c. 438, §3 (AMD).] E. For investments made in tax years beginning before January 1, 2014, the business receiving the investment must have annual gross sales of $3,000,000 or less. For investments made in tax years beginning on or after January 1, 2014, the business receiving the investment must have annual gross sales of $5,000,000 or less. The operation of the business must be a substantial professional activity of at least one of the principal owners, as determined by the authority. The principal owner and the principal owner's spouse are not eligible for a credit for investment in that business. A tax credit certificate may not be issued to a parent, sibling or child of a principal owner if the parent, sibling or child has any existing ownership interest in the business. [RR 2023, c. 2, Pt. C, §11 (COR).] F. The investment must be expended on plant, equipment, research and development, or working capital for the business or such other business activity as may be approved by the authority. [PL 1987, c. 854, §§2, 5 (NEW).] G. The authority shall establish limits on repayment of the investment. The investment must be at risk in the business. [PL 1991, c. 854, Pt. A, §10 (AMD).] H. The investors qualifying for the credit must each own less than 1/2 of the business. [PL 2011, c. 454, §4 (AMD).] I. The business receiving the investment may not be in violation of the requirements of subsection 7 . [PL 2019, c. 616, Pt. LL, §3 (AMD).] [RR 2023, c. 2, Pt. C, §11 (COR).]

2-A. Eligibility of private venture capital funds for tax credit certificate. The authority shall adopt rules in accordance with the Maine Administrative Procedure Act to implement application of the program to investment in a private venture capital fund. This subsection does not apply to credits claimed for tax years beginning on or after January 1, 2012. The requirements for eligibility for a tax credit certificate for investment in a private venture capital fund include the following. A. For investments made in tax years beginning before January 1, 2012, a tax credit certificate may be issued to an individual who invests in a private venture capital fund in an amount that: (1) Is not more than 40% of the amount of cash actually invested in or unconditionally committed to a private venture capital fund in any calendar year by the individual or entity, except that with respect to fund investments that are made in eligible businesses that are located in a high unemployment area, as determined by rule of the authority under subsection 2 , the tax credit certificate may not be more than 60% of the cash actually invested in or unconditionally committed to a private venture capital fund in any calendar year by the individual or entity; and (2) Does not exceed 40% of the amount of cash invested by the fund in eligible businesses, except that with respect to fund investments that are made in eligible businesses that are located in a high unemployment area, as determined by rule of the authority under subsection 2, a tax credit certificate may not be more than 60% of the cash invested by the fund in any calendar year in such businesses; provided that the authority may issue tax credit certificates in an amount not to exceed 20% of the amount of cash actually invested in or unconditionally committed to a private venture capital fund in any calendar year if the authority determines that the private venture capital fund is located in this State, is owned and controlled primarily by residents of this State and has designated investing in eligible businesses of this State as a major investment objective. The credit may be revoked to the extent that the private venture capital fund does not make investments eligible for the tax credit in an amount sufficient to qualify for the credits within 3 years after the date of the tax credit certificates. Notwithstanding any revocation pursuant to this subparagraph, each investor remains eligible for tax credit certificates for eligible investments as and when made by the private venture capital fund. The aggregate amount of credits issued to investors in a fund may not exceed 40% of the amount of cash invested by the fund in eligible businesses, except that with respect to fund investments in eligible businesses that are located in a high unemployment area, the aggregate amount of tax credits issued to investors in a fund may not exceed 60% of the cash invested by the fund in eligible businesses. [PL 2011, c. 454, §5 (AMD).] B. As used in this subsection, unless the context otherwise indicates, an "eligible business" means a business located in the State that: (1) Is a manufacturer; (2) Is engaged in the development or application of advanced technologies; (3) Provides a product or service that is sold or rendered, or is projected to be sold or rendered, predominantly outside of the State; (4) Brings capital into the State, as determined by the authority; or (5) Is certified as a visual media production company under Title 5, section 13090‑L . [PL 2019, c. 616, Pt. LL, §4 (AMD).] C. Aggregate investment eligible for tax credits may not be more than $5,000,000 for any one business for any one private venture capital fund as of the date of issuance of a tax credit certificate. [PL 2003, c. 451, Pt. E, §4 (AMD).] D. The investment with respect to which any individual or entity is applying for a tax credit certificate may not be more than an aggregate of $500,000 in any one eligible business invested in by a private venture capital fund in any 3 consecutive calendar years, except that this paragraph does not limit other investment by any applicant for which that applicant is not applying for a tax credit certificate and except that, if the entity applying for a tax credit certificate is a partnership, limited liability company, S corporation, nontaxable trust or any other entity that is treated as a flow-through entity for tax purposes under the federal Internal Revenue Code, the aggregate limit of $500,000 or $200,000, as applicable, applies to each individual partner, member, stockholder, beneficiary or equity owner of the entity and not to the entity itself. This paragraph does not limit other investment by any applicant for which that applicant is not applying for a tax credit certificate. [PL 2003, c. 451, Pt. E, §4 (AMD).] E. Each business receiving an investment from a private venture capital fund, if the investment is used as the basis for the issuance of a tax credit certificate, must have annual gross sales of $3,000,000 or less and the operation of the business must be the full-time professional activity of the principal owner, as determined by the authority. The principal owner and principal owner's spouse, if any, are not eligible for a credit for investment in that business or for an investment by the private venture capital fund in that business. A tax credit certificate may not be issued to a parent, sibling or child of a principal owner if the parent, sibling or child has any existing ownership interest in that business or for an investment by the private venture capital fund in that business. [RR 2023, c. 2, Pt. C, §12 (COR).] F. Each investment received by a business from a private venture capital fund, which investment is used as the basis for the issuance of a tax credit certificate, must be expended on plant maintenance and construction, equipment, research and development or working capital for the business or on such other business activity as may be approved by the authority. [PL 1997, c. 774, §1 (AMD).] G. The authority shall establish limits on repayment of the investment by an individual in and the investments made by a private venture capital fund, which investment is used as the basis for the issuance of a tax credit certificate. The investments must be at risk in the private venture capital fund and the business, respectively. [PL 1997, c. 774, §1 (AMD).] H. The investors in a private venture capital fund are not entitled to the credit for collective ownership in excess of 50% of any business. An investor in a private venture capital fund determined by the authority to be a principal owner of a business and the principal owner's spouse, if any, are not entitled to a credit with respect to investment in that business, nor are the principal owner's parents, siblings or children entitled to a credit if they have any existing ownership interest in the business. [PL 2001, c. 446, §2 (AMD); PL 2001, c. 446, §6 (AFF).] [RR 2023, c. 2, Pt. C, §12 (COR).]

2-B. Eligibility of private venture capital funds for tax credit certificate until July 1, 2001. [PL 1999, c. 752, §2 (NEW); PL 1999, c. 752, §6 (AFF); MRSA T. 10 §1100-T, sub-§2-B (RP).]

2-C. Eligibility of private venture capital funds for refundable tax credit certificate. This subsection applies to investments by private venture capital funds in eligible businesses made in tax years beginning on or after January 1, 2012. The authority shall adopt routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A to implement application of the program to investments in eligible businesses by private venture capital funds. The requirements for eligibility for a tax credit certificate for an investment by a private venture capital fund include the following. A. For investments made in tax years beginning on or after January 1, 2012, a tax credit certificate may be issued to a private venture capital fund in an amount that is not more than 50% of the amount of cash actually invested in an eligible business. For investments made on or after April 1, 2020, a tax credit certificate may be issued to a private venture capital fund in an amount that is not more than 40% of the amount of cash actually invested in an eligible business. The tax credit certificate may be revoked and the credit recaptured pursuant to Title 36, section 5216‑B, subsection 5 to the extent that the authority determines that the eligible business for which the tax credit certificate was issued moves substantially all of its operations and assets outside of the State during the period ending 4 years after an investment, except in the case of an arm's length, fair value acquisition approved by the authority. A private venture capital fund that received the 20% credit certificate under subsection 2‑A, paragraph A , subparagraph (2) for an investment is not eligible for a tax credit certificate under this subsection for that investment. [PL 2019, c. 616, Pt. LL, §5 (AMD).] B. As used in this subsection, unless the context otherwise indicates, "eligible business" means a business located in the State that has certified that the amount of the investment is necessary to allow the business to create or retain jobs in the State and that, as determined by the authority: (1) Is a manufacturer or a value-added natural resource enterprise; (2) Is engaged in the development or application of advanced technologies; (3) Provides a product or service that is sold or rendered, or is projected to be sold or rendered, predominantly outside of the State; or (5) Is certified as a visual media production company under Title 5, section 13090‑L . [PL 2019, c. 616, Pt. LL, §6 (AMD).] C. Aggregate investment eligible for tax credit certificates, including investments under this subsection and under subsection 2 , may not be more than $5,000,000 for any one eligible business. Beginning with investments made on or after April 1, 2020, aggregate investment eligible for tax credit certificates, including investments under this subsection and under subsection 2 , may not be more than $3,500,000 for any one eligible business in total and not more than $2,000,000 for any calendar year. Notwithstanding the other provisions of this paragraph, with respect to a business that was approved by the authority as an eligible business under this subsection before April 1, 2020, the aggregate investment eligible for tax credits may not be more than $5,000,000 for that business as of the date of the issuance of the tax credit certificate, and the $2,000,000 annual limitation does not apply. [PL 2021, c. 412, §2 (AMD).] D. The investment with respect to which any private venture capital fund is applying for a tax credit certificate may not be more than the lesser of an amount equal to $500,000 times the number of investors in the private venture capital fund and an aggregate of $4,000,000 in any one eligible business invested in by a private venture capital fund in any 3 consecutive calendar years. For investments made on or after April 1, 2020, the investment with respect to which any private venture capital fund is applying for a tax credit certificate may not be more than the lesser of an amount equal to $500,000 times the number of investors in the private venture capital fund and an aggregate of $3,500,000 in any one eligible business invested in by a private venture capital fund, but investments in a business that was approved by the authority as an eligible business under this subsection before April 1, 2020 with respect to which any private venture capital fund is applying for a tax credit certificate may not be more than the lesser of an amount equal to $500,000 times the number of investors in the private venture capital fund and an aggregate of $4,000,000 for that eligible business. This paragraph does not limit other investment by an applicant for which that applicant is not applying for a tax credit certificate. A private venture capital fund must certify to the authority that it will be in compliance with these limitations. The tax credit certificate issued to a private venture capital fund may be revoked and any credit taken recaptured pursuant to Title 36, section 5216‑B, subsection 5 if the fund is not in compliance with this paragraph. [PL 2021, c. 412, §3 (AMD).] E. For investments made in tax years beginning before January 1, 2014, an eligible business receiving an investment from a private venture capital fund, which investment is used as the basis for the issuance of a tax credit certificate, may not have annual gross sales of more than $3,000,000. For investments made in tax years beginning on or after January 1, 2014, an eligible business receiving an investment from a private venture capital fund, which investment is used as the basis for the issuance of a tax credit certificate, may not have annual gross sales of more than $5,000,000. The operation of the business must be a substantial professional activity of one or more individuals who are not managers of the private venture capital fund, as determined by the authority. A tax credit certificate may not be issued to a private venture capital fund if a manager of the fund is a principal owner of the eligible business or a spouse, parent, sibling or child of a principal owner and if the spouse, parent, sibling or child has any existing ownership interest in the business. A private venture capital fund must certify to the authority that it will be in compliance with these limitations. The tax credit certificate issued to a private venture capital fund may be revoked and any credit taken recaptured pursuant to Title 36, section 5216‑B, subsection 5 if the fund is not in compliance with this paragraph. [PL 2013, c. 438, §4 (AMD).] F. An investment received by an eligible business from a private venture capital fund for which the investment is used as the basis for the issuance of a tax credit certificate must be expended on plant maintenance and construction, equipment, research and development or working capital for the business or on such other business activity as may be approved by the authority. [PL 2011, c. 454, §6 (NEW).] G. The authority shall establish limits on repayment of the investments made by a private venture capital fund for which the investments are used as the basis for the issuance of tax credit certificates. The investments must be at risk in the private venture capital fund and the eligible business, respectively. [PL 2011, c. 454, §6 (NEW).] H. A private venture capital fund is not entitled to the credit if it owns in excess of 50% of the eligible business, except that, if the private venture capital fund is issued a tax credit certificate and later makes an additional investment that increases its ownership to more than 50%, the existing tax credit certificate remains valid and is not subject to revocation due to the ownership percentage as long as there was no intent to take controlling ownership at the time of the initial qualified investment. [PL 2011, c. 454, §6 (NEW).] [PL 2021, c. 412, §§2, 3 (AMD).]

3. Priority. The authority may reserve $500,000 in tax credit authorization for "natural resource enterprises," as defined in section 963‑A, subsection 41 . [PL 1995, c. 462, Pt. A, §19 (AMD).]

4. Total of credits authorized. The authority may issue tax credit certificates to investors eligible pursuant to subsections 2 , 2‑A and 2‑C in an aggregate amount not to exceed $2,000,000 up to and including calendar year 1996, $3,000,000 up to and including calendar year 1997, $5,500,000 up to and including calendar year 1998, $8,000,000 up to and including calendar year 2001, $11,000,000 up to and including calendar year 2002, $14,000,000 up to and including calendar year 2003, $17,000,000 up to and including calendar year 2004, $20,000,000 up to and including calendar year 2005, $23,000,000 up to and including calendar year 2006, $26,000,000 up to and including calendar year 2007 and $30,000,000 up to and including calendar year 2013, in addition to which, the authority may issue tax credit certificates to investors eligible pursuant to subsections 2 , 2‑A and 2‑C in an annual amount not to exceed $675,000 for investments made between January 1, 2014 and December 31, 2014, $4,000,000 for investments made in calendar year 2015, $5,000,000 for investments made in calendar years 2016 to 2019, $15,000,000 for investments made in calendar year 2020, $13,500,000 for investments made in calendar years 2021 and 2022, $15,000,000 for investments made in calendar years 2023 to 2026 and $10,000,000 each year for investments made in calendar years beginning with 2027. The authority may provide that investors eligible for a tax credit under this section in a year when there is insufficient credit available are entitled to take the credit when it becomes available subject to limitations established by the authority by rule. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 442, §1 (AMD).]

5. Revocation of tax credit certificate. The authority may revoke a tax credit certificate if any representation to the authority in connection with the application for the certificate proves to have been false when made or if the applicant violates any conditions established by the authority and stated in the tax credit certificate. The revocation may be in full or in part as the authority may determine. The authority shall specify the amount of credit being revoked and shall send notice of the revocation to the investor and to the State Tax Assessor. [PL 1987, c. 854, §§2, 5 (NEW).]

6. Reports. [PL 2019, c. 616, Pt. LL, §10 (RP).]

7. Reports. The following reports are required regarding activities under this section. A. A business eligible to have investors receive a tax credit under this section shall report to the authority, in a manner determined by the authority, the following information regarding that business's activities in the State over the calendar year in which the investment occurred and for each additional year for which a credit is claimed: (1) The total amount of private investment received by the eligible business from each investor eligible to receive a tax credit; (2) The total number of persons employed by the eligible business as of December 31st; (3) The total number and geographic location of jobs created and retained by the eligible business stated separately for all jobs in the State and for those jobs that would not have been created or retained in the absence of the credit; (4) Total annual payroll of the eligible business stated separately for all employees in the State and for those employees who would not have been employed in the absence of the credit; and (5) Total sales revenue of the eligible business stated separately within and outside the State. [PL 2019, c. 616, Pt. LL, §11 (NEW).] B. An investor eligible for a tax credit under this section shall notify the authority when a business that received an investment from that investor eligible for a credit under this section ceases operations and the likely reasons for the cessation of business. [PL 2019, c. 616, Pt. LL, §11 (NEW).] C. The authority shall report annually to the joint standing committee of the Legislature having jurisdiction over taxation matters and to the Office of Program Evaluation and Government Accountability on all activity under this section during the prior calendar year. The authority shall identify in its report businesses receiving investments eligible for a credit under this section and the authority's determination as to whether the investments would have been made in the absence of the credit. [PL 2019, c. 616, Pt. LL, §11 (NEW).] [PL 2019, c. 616, Pt. LL, §11 (NEW).]
10 M.R.S. § 1189 — ME Code / Title 10 / Part 3 / Chapter 204 / Section 1189
10 §1189. Hearings
Status: in_force

The board shall hold a hearing on the merits of a complaint within 120 days of the filing of the complaint. The hearing must be conducted pursuant to rules established by the board. A decision must be issued within 30 days of the completion of the hearing. The board shall determine the location of hearings. [PL 2003, c. 356, §12 (NEW).]
10 M.R.S. § 1120 — ME Code / Title 10 / Part 3 / Chapter 201-A / Section 1120
10 §1120. Owner exclusion
Status: in_force

This chapter does not apply to contracts for the purchase of materials by a person performing work on that person's own real property. [PL 1993, c. 461, §1 (NEW).]
10 M.R.S. § 1241 — ME Code / Title 10 / Part 3 / Chapter 206-B / Section 1241
10 §1241. Short title
Status: in_force

This chapter may be known and cited as the "Personal Sports Mobile Business Practices Act." [PL 1997, c. 473, §3 (NEW).]
10 M.R.S. § 1656 — ME Code / Title 10 / Part 4 / Chapter 307 / Section 1656
10 §1656. Trade names not imitated
Status: in_force

It is unlawful for any person, firm or corporation to disguise or camouflage the person's, firm's or corporation's own equipment by imitating the design, symbol or trade name of the equipment under which recognized brands of internal combustion engine fuels, lubricating oils and similar products are generally marketed. [RR 2023, c. 2, Pt. C, §45 (COR).]
10 M.R.S. § 4012 — ME Code / Title 10 / Part 7 / Chapter 631 / Section 4012
10 §4012. Priority
Status: in_force

A security interest perfected in accordance with Title 11 has priority over any lien created or referred to by this Title unless the person claiming the lien has possession of the goods subject to the lien. [PL 1965, c. 306, §3 (NEW).]
10 M.R.S. § 1212 — ME Code / Title 10 / Part 3 / Chapter 206 / Section 1212
10 §1212. Deceptive trade practices
Status: in_force

1. Lists. A person engages in a deceptive trade practice when, in the course of the person's business, vocation or occupation, the person: A. Passes off goods or services as those of another; [PL 1969, c. 503 (NEW).] B. Causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval or certification of goods or services; [PL 1969, c. 503 (NEW).] C. Causes likelihood of confusion or of misunderstanding as to affiliation, connection or association with, or certification by, another; [PL 1969, c. 503 (NEW).] D. Uses deceptive representations or designations of geographic origin in connection with goods or services; [PL 1969, c. 503 (NEW).] E. Represents that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have, or that a person has a sponsorship, approval, status, affiliation or connection that the person does not have; [RR 2023, c. 2, Pt. C, §24 (COR).] F. Represents that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used or secondhand; [PL 1973, c. 625, §53 (AMD).] G. Represents that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another; [PL 1969, c. 503 (NEW).] H. Disparages the goods, services or business of another by false or misleading representation of fact; [PL 1969, c. 503 (NEW).] I. Advertises goods or services with intent not to sell them as advertised; [PL 1969, c. 503 (NEW).] J. Advertises goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity; [PL 1969, c. 503 (NEW).] K. Makes false or misleading statements of fact concerning the reasons for, existence of or amounts of, price reductions; or [PL 1969, c. 503 (NEW).] L. Engages in any other conduct that similarly creates a likelihood of confusion or of misunderstanding. [RR 2023, c. 2, Pt. C, §24 (COR).] [RR 2023, c. 2, Pt. C, §24 (COR).]

2. Complaint. In order to prevail in an action under this chapter, a complainant need not prove competition between the parties or actual confusion or misunderstanding. [PL 1969, c. 503 (NEW).]

3. Application. This section does not affect unfair trade practices otherwise actionable at common law or under other statutes of this State. [PL 1969, c. 503 (NEW).]
10 M.R.S. § 9088 — ME Code / Title 10 / Part 11 / Chapter 951 / Section 9088
10 §9088. Municipal inspections
Status: in_force

Notwithstanding any other provisions of this subchapter, the board may issue a license to a manufactured housing community on the basis of an inspection performed by an inspector who works for and is compensated by the municipality in which the establishment is located, but only if the following conditions have been met. [PL 2017, c. 210, Pt. B, §37 (AMD).]

1. Adopted rules; code of standards. The municipality involved has adopted a set of rules, ordinances or other code of standards for the establishments which has been approved by the board and which is consistent with the rules used by the board for the issuance of the licenses in effect at the time of inspection. [PL 1983, c. 553, §17 (NEW).]

2. Qualified to make inspections. No municipally employed sanitarians may make inspections under the provisions of this subchapter, unless certified as qualified by the Commissioner of Health and Human Services. [PL 1983, c. 553, §17 (NEW); PL 2003, c. 689, Pt. B, §7 (REV).]

3. Inspection to ascertain intent. The board may from time to time inspect the municipally inspected establishment to ascertain that the intent of these statutes is being followed. [PL 1983, c. 553, §17 (NEW).]

4. Inspection reports. The municipalities shall furnish the board copies of its inspection reports relating to the inspections on a monthly basis. [PL 1983, c. 553, §17 (NEW).]

5. Charge. Municipalities may not charge the board for performing those inspections. [PL 1983, c. 553, §17 (NEW).]

6. License fee. [PL 2025, c. 428, §2 (RP).]

7. Licenses. Licenses issued under this section shall be displayed, renewed and in every other way treated the same as licenses issued under this subchapter on the basis of inspection by the board. [PL 1983, c. 553, §17 (NEW).]

8. Certification. Certification of municipally employed sanitarians shall be in accordance with standards set by the Commissioner of Health and Human Services and shall be for a period of 3 years. [PL 1983, c. 553, §17 (NEW); PL 2003, c. 689, Pt. B, §7 (REV).]
10 M.R.S. § 1480 — ME Code / Title 10 / Part 3 / Chapter 217-A / Section 1480
10 §1480. Disclosure statement required
Status: in_force

A person may not provide both mold assessment and remediation services on a building project unless the person has provided to the owner of the building or the owner's agent a signed disclosure statement regarding the potential for conflict of interest in providing both mold assessment and remediation services. For purposes of this section, "person" means an individual, a partnership, a corporation or any other legal entity. [PL 2007, c. 355, §1 (NEW).]
10 M.R.S. § 4011 — ME Code / Title 10 / Part 7 / Chapter 631 / Section 4011
10 §4011. Discharge
Status: in_force

All liens named herein may be discharged by tender of the sum due made by the debtor or owner of the property or the debtor's or owner's agents. [RR 2023, c. 2, Pt. C, §106 (COR).]
10 M.R.S. § 1701 — ME Code / Title 10 / Part 4 / Chapter 309 / Section 1701
10 §1701. Trademarks
Status: in_force

The Maine Sardine Council, by rule adopted in a manner consistent with the Maine Administrative Procedure Act, may develop and register trademarks and regulate the use of the State of Maine trademark when used in the processing and sale of Maine sardines. [PL 1993, c. 585, §3 (AMD).]
10 M.R.S. § 9094 — ME Code / Title 10 / Part 11 / Chapter 953 / Section 9094
10 §9094. Restrictions on sale or removal of mobile homes
Status: in_force

1. Park acting as agent; advertising. No mobile home park owner or operator may: A. Exact a commission or fee with respect to the price realized by the seller of the mobile home unless the park owner or operator has acted as agent for the mobile home owner in the sale under a written contract; [PL 1989, c. 104, Pt. B, §3 (NEW); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).] B. Require as a condition of tenancy or continued tenancy that a mobile home owner designate the park owner or operator or any other individual or agent to act as agent for the mobile home owner in the sale of the mobile home; or [PL 1989, c. 104, Pt. B, §3 (NEW); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).] C. Restrict in any manner the reasonable advertising for sale of any mobile home in that park, except that the mobile home owner shall notify the park owner or operator before placing a "for sale" sign or other form of advertising within the mobile home park. [PL 1989, c. 104, Pt. B, §3 (NEW); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).] [PL 1989, c. 104, Pt. B, §3 (RPR); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]

2. Rules. No mobile home park owner or operator may require a mobile home to be removed from the park except pursuant to a rule contained in the written copy of park rules given to the tenant under section 9097, subsection 4 . The rules shall clearly describe the standards under which the park owner or operator may require a tenant to remove a mobile home from the park. A. These standards shall specify, but are not limited to, fair and reasonable rules governing the conditions of: (1) Protective exterior coating or siding; (2) Roof; (3) Windows and doors; (4) Plumbing, heating and electrical systems; (5) Anchoring system; (6) Skirting around the base; (7) Steps and handrails; (8) Porches, decks or other additions to the home and the exterior structure; (9) Width of home, if less than 11 feet, 6 inches; (10) Aesthetic appearance; (11) Smoke detectors wired into the electrical system; and (12) Other aspects of the structural safety or soundness of the home. [PL 1989, c. 104, Pt. B, §3 (RPR); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).] B. The park owner or operator has the burden of proof to show that the mobile home does not meet the standards of the rules adopted under this subsection. [PL 1989, c. 104, Pt. B, §3 (RPR); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).] B-1. [PL 1989, c. 678, §1 (NEW); MRSA T. 10 §9094, sub-§2, ¶ B-1 (RP).] B-2. At the time of sale or change in the principal occupant of a mobile home, the mobile home park owner or operator may require the owner of the home, if built before June 15, 1976, to provide evidence that the home meets the Manufactured Housing Board's standard for used manufactured housing. The mobile home owner may demonstrate compliance with the standard by providing the park owner or operator with a report signed by the following persons and indicating that the home complies with the standard's specifications regarding those aspects of the home inspected: (1) A licensed electrician who inspected the home's electrical system; (2) A person licensed to repair the home's heating system who inspected the home's heating system; and (3) A certified professional engineer who inspected the home for safety and structural soundness. Signature of the report may not be construed for any purpose as an endorsement that the home meets provisions of the standard other than those for which the inspection was conducted. A park owner who receives a signed report indicating that the home complies may not require removal of a home under this section on the basis of fire safety or the safety of the home. [PL 1993, c. 642, §39 (NEW).] C. No aesthetic standard may be applied against the mobile home if the standard relates to physical characteristics such as size, except as provided in paragraph A, subparagraph (9), original construction materials or color which cannot be changed without undue financial hardship to the mobile home owner. [PL 1989, c. 104, Pt. B, §3 (NEW); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).] D. Neither age of the mobile home nor the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, United States Code, Title 42, Chapter 70, shall by themselves be a sufficient standard for a park owner or operator to require removal of a mobile home. [PL 1989, c. 104, Pt. B, §3 (NEW); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).] E. No mobile home park owner or operator may be liable for any claim or any damages of any kind arising from the presence in the park of a mobile home manufactured before June 15, 1976. [PL 1989, c. 104, Pt. B, §3 (NEW); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).] F. The Manufactured Housing Board, in conjunction with the State Fire Marshal, the Department of the Attorney General, representatives of the manufactured housing industry, representatives of mobile home park owners or operators and representatives of mobile home owners and tenants, shall develop recommendations concerning the standards for rules covered by this subsection. The recommendations shall include standards designed to ensure the safety of the mobile home and its occupants, while being objective and measurable to provide for enforcement. The recommendations shall be made to the joint standing committees of the Legislature having jurisdiction over legal affairs and business legislation by January 15, 1990. [PL 1989, c. 104, Pt. B, §3 (NEW); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).] F-1. The Manufactured Housing Board shall adopt rules under Title 5, chapter 375 , establishing a used manufactured home standard no later than December 1, 1990. The standard must cover all equipment and installations in the construction, the plumbing, heat-producing and electrical systems and fire safety of used manufactured homes that are designed to be used as dwellings. The standard must seek to ensure that used manufactured homes do not present an imminent and unreasonable risk of death or serious personal injury. [PL 1989, c. 678, §2 (NEW).] F-2. The Manufactured Housing Board shall report to the joint standing committee of the Legislature having jurisdiction over legal affairs on the implementation of paragraph B‑1 and any changes to the used manufactured home standard no later than January 1, 1992. [PL 1989, c. 678, §2 (NEW).] G. [PL 1989, c. 678, §3 (RP).] [PL 1993, c. 642, §39 (AMD).]

3. Buyer's right of rescission. The buyer of a mobile home located in a mobile home park may rescind the contract for the purchase of the mobile home within 30 days of execution of the contract if: A. At the time of entering into the contract, the seller or the seller's agent represented to the buyer or the buyer's agent that the mobile home may remain in that mobile home park; and [PL 1989, c. 104, Pt. B, §3 (NEW); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).] B. The buyer is not permitted to keep the mobile home in that mobile home park or the buyer is not accepted as a tenant in that mobile home park. [PL 1989, c. 104, Pt. B, §3 (NEW); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).] [PL 1989, c. 104, Pt. B, §3 (NEW); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]

4. Interference with sale. A mobile home park owner may not unreasonably interfere with or discourage a tenant's attempt to sell a mobile home situated on a park lot. [PL 1997, c. 213, §1 (NEW).]
10 M.R.S. § 1110 — ME Code / Title 10 / Part 3 / Chapter 201 / Section 1110
10 §1110. Requirements for price protection and prepaid contracts
Status: in_force

1. Contract and solicitation requirements. A contract for the retail sale of home heating oil, kerosene or liquefied petroleum gas that offers a guaranteed price plan, including a prepaid contract and any other similar term, must be in writing and the terms and conditions of the price plan must be disclosed. The disclosure of terms and conditions must be in plain language, must immediately follow the language concerning the price or service that could be affected and must be printed in no less than 12-point boldface type of uniform font. A solicitation for the retail sale of home heating oil, kerosene or liquefied petroleum gas that offers a guaranteed price plan that could become a contract upon a response from a consumer, including a prepaid contract and any other similar term, must be in writing and the terms and conditions of that offer must be disclosed in plain language. [PL 2005, c. 632, §1 (NEW).]

1-A. Registration. A home heating oil, kerosene or liquefied petroleum gas dealer who offers prepaid contracts under this section shall register the dealer’s intent to offer such contracts with the Commissioner of Professional and Financial Regulation by June 30th of each year. Registration must be on a form provided by the commissioner, accompanied by a fee of $100. Fees received under this subsection must be used by the commissioner to administer this section. Any balance of these funds does not lapse but must be carried forward to be expended for the same purpose in the following fiscal year. [PL 2011, c. 574, §1 (NEW).]

1-B. Report. A home heating oil, kerosene or liquefied petroleum gas dealer who offers prepaid contracts under this section shall file an annual report with the Commissioner of Professional and Financial Regulation by October 31st of each year demonstrating how the dealer has satisfied the requirements of this section, including how the prepaid contracts are secured. The report must be made on a form provided by the commissioner. The form must conspicuously bear the warning that making a false statement on the form is a Class D crime under Title 17‑A, section 453 . The report must be signed by the dealer. If the dealer is a corporation, the report must be signed by either the president or an officer of the corporation and must include a list of all of the members of the board of directors of the corporation. The commissioner may not charge a fee for the form or for filing the report. [PL 2011, c. 574, §1 (NEW).]

2. Security for prepaid contracts required; options. A home heating oil, kerosene or liquefied petroleum gas dealer may not enter into a prepaid contract to provide home heating oil, kerosene or liquefied petroleum gas to a consumer unless that dealer has obtained and maintains in accordance with subsection 3 any one of the following: A. Heating oil, kerosene or liquefied petroleum gas contracts or other similar commitments that allow the dealer to purchase, at a fixed price, heating oil, kerosene or liquefied petroleum gas in an amount not less than 75% of the maximum number of gallons that the dealer is committed to deliver pursuant to all prepaid contracts entered into by the dealer; [PL 2005, c. 632, §1 (NEW).] B. A surety bond in an amount not less than 50% of the total amount of funds paid to the dealer by consumers pursuant to all prepaid heating oil, kerosene or liquefied petroleum gas contracts entered into by the dealer; or [PL 2005, c. 632, §1 (NEW).] C. A letter of credit in an amount not less than 100% of the total amount of funds paid to the dealer by consumers pursuant to all prepaid heating oil, kerosene or liquefied petroleum gas contracts entered into by the dealer. [PL 2005, c. 632, §1 (NEW).] [PL 2005, c. 632, §1 (NEW).]

3. Maintenance of security. A dealer shall maintain the amount of futures contracts or other similar commitments, the amount of the surety bond or the letter of credit required by subsection 2 for the period of time for which the prepaid home heating oil, kerosene or liquefied petroleum gas contracts are effective, except that the amount of the futures contracts or surety bond may be reduced during such period of time to reflect any amount of home heating oil, kerosene or liquefied petroleum gas already delivered to and paid for by the consumer. [PL 2005, c. 632, §1 (NEW).]

4. Disclosure; additional contract requirements. A prepaid home heating oil, kerosene or liquefied petroleum gas contract must indicate: A. The amount of funds paid by the consumer to the dealer under the contract; [PL 2005, c. 632, §1 (NEW).] B. The maximum number of gallons of home heating oil, kerosene or liquefied petroleum gas committed by the dealer for delivery to the consumer pursuant to the contract; and [PL 2005, c. 632, §1 (NEW).] C. That the performance of the prepaid contract is secured by one of the options set forth in subsection 2 . [PL 2005, c. 632, §1 (NEW).] [PL 2005, c. 632, §1 (NEW).]

5. Reimbursement provision required. A prepaid home heating oil, kerosene or liquefied petroleum gas contract must provide that the contract price of any undelivered home heating oil, kerosene or liquefied petroleum gas owed to the consumer under the contract at the end date of the contract must be reimbursed to the consumer not later than 30 days after the end date of the contract unless the parties to the contract agree otherwise. [PL 2005, c. 632, §1 (NEW).]

6. Enforcement. The Commissioner of Professional and Financial Regulation shall refer to the Attorney General for investigation any dealer that has filed a registration form under subsection 1‑A and has failed to file a report demonstrating how the contracts are secured pursuant to subsection 1‑B . [PL 2011, c. 574, §2 (NEW).]

7. Prosecution. The Attorney General may prosecute a person making a false statement on the report required by subsection 1‑B for unsworn falsification under Title 17‑A, section 453 and may prosecute failure to file the report required by subsection 1‑B as an unfair trade practice. [PL 2011, c. 574, §2 (NEW).]

8. Unfair trade practice. A violation of any of the requirements of this section is a violation of the Maine Unfair Trade Practices Act. [PL 2011, c. 574, §2 (NEW).]

9. Rules. The Commissioner of Professional and Financial Regulation may adopt rules to carry out the purposes of this section. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 574, §2 (NEW).]
10 M.R.S. § 1651 — ME Code / Title 10 / Part 4 / Chapter 307 / Section 1651
10 §1651. Description of marks filed
Status: in_force

All persons or corporations engaged in the sale of kerosene, refined petroleum, gasoline or other burning or illuminating oils or fluids, in cans of a capacity of not less than 5 gallons, with their names or other marks or devices branded, stamped, engraved, etched, impressed or otherwise produced upon such cans or anything connected therewith or appertaining thereto, may file in the office of the town or city clerk, in which their principal place of business is situated, a description of the names and marks used by them, and cause the same to be published once a week for 3 successive weeks in any newspaper of general circulation in the county in which the notice may have been filed. [PL 1987, c. 667, §5 (AMD).]
10 M.R.S. § 2651 — ME Code / Title 10 / Part 6 / Chapter 501 / Section 2651
10 §2651. Registration; certificates
Status: in_force

A person wishing to be registered as a dealer or repairer shall make application to the state sealer upon forms provided by the state sealer, furnishing such pertinent information as may be required, and each application must be accompanied by an annual fee of $25. Upon approval, the state sealer shall issue to the applicant a registration certificate that expires on December 31st, or in the manner provided in the Maine Administrative Procedure Act, whichever is later, unless sooner suspended or revoked under section 2655. A registration may be issued 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. [RR 2023, c. 2, Pt. C, §59 (COR).]
10 M.R.S. § 1202 — ME Code / Title 10 / Part 3 / Chapter 205 / Section 1202
10 §1202. Definitions
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

As used in this chapter, unless the context otherwise indicates, the following terms shall have the following meanings. [PL 1979, c. 541, Pt. A, §92 (NEW).]

1. Cost to the retailer. "Cost to the retailer" shall mean the invoice cost of the merchandise to the retailer within 30 days prior to the date of sale, or the replacement cost of the merchandise to the retailer within 30 days prior to the date of sale, in the quantity last purchased, whichever is lower; less all trade discounts except customary discounts for cash; to which shall be added: A. Freight charges not otherwise included in the cost of the merchandise, B. Cartage to the retail outlet if performed or paid for by the retailer, which cartage cost shall be deemed to be 3/4 of 1% of the cost of the merchandise to the retailer, unless said retailer claims and proves a lower cartage cost, and C. A markup to cover in part the cost of doing business, which markup in the absence of proof of a lesser cost shall be 6% of the total cost at the retail outlet.

2. Cost to the wholesaler. "Cost to the wholesaler" shall mean the invoice cost of the merchandise to the wholesaler within 30 days prior to the date of sale, or the replacement cost of the merchandise to the wholesaler within 30 days prior to the date of sale, in the quantity last purchased, whichever is lower; less all trade discounts except customary discounts for cash; to which shall be added: A. Freight charges not otherwise included in the cost of the merchandise, B. Cartage to the retail outlet if performed or paid for by the wholesaler, which cartage cost shall be deemed to be 3/4 of 1% of the cost of the merchandise to the wholesaler, unless said wholesaler claims and proves a lower cartage cost, C. A markup to cover in part the cost of doing business, which markup in the absence of proof of a lesser cost shall be 2% of the total cost at the wholesale establishment, and D. (TEXT EFFECTIVE UNTIL 1/05/26) Sales made by a cigarette distributor to a licensed wholesale dealer or to the operator of 15 or more vending machines shall not be subject to a markup of 2% as stated in paragraph C , but such sales shall be subject to full trade discount only. D. (TEXT EFFECTIVE 1/05/26) Sales made by a cigarette distributor to a licensed wholesale dealer are not subject to a markup of 2% as stated in paragraph C , but such sales are subject to full trade discount only. [PL 2025, c. 367, §1 (AMD); PL 2025, c. 367, §20 (AFF).] [PL 2025, c. 367, §1 (AMD); PL 2025, c. 367, §20 (AFF).]

3. Combined price of 2 or more items. Where 2 or more items are advertised, offered for sale or sold at a combined price, the price of each such item shall be determined in the manner set forth in subsections 1 and 2 .

4. Bona fide costs. "Cost to the retailer" and "cost to the wholesaler" as defined in said subsections 1 and 2 shall mean bona fide costs. Sales to consumers, retailers and wholesalers at prices which cannot be justified by existing market conditions within this State shall not be used as a basis for computing replacement costs with respect to sales by retailers and wholesalers.

5. Retail sale; wholesale sale. "Sell at retail," "sales at retail" and "retail sale" shall mean and include any transfer of title to tangible personal property for a valuable consideration made, in the ordinary course of trade or in the usual prosecution of the seller's business, to the purchaser for consumption or use other than resale or further processing or manufacturing. The terms "sell at wholesale," "sales at wholesale" and "wholesale sale" shall mean and include any such transfer of title to tangible personal property for the purpose of resale or further processing or manufacturing. In this and in subsection 4 the above terms shall include any such transfer of property where title is retained by the seller as security for the payment of the purchase price.

6. Retailer. "Retailer" shall mean and include every person, copartnership, corporation or association engaged in the business of making sales at retail within this State. In the case of a retailer engaged in the business of making sales both at retail and at wholesale, such term shall be applied only to the retail portion of such business.

7. Wholesaler. "Wholesaler" shall mean and include every person, copartnership, corporation or association engaged in the business of making sales at wholesale within this State. In the case of a wholesaler engaged in the business of making sales both at wholesale and at retail, such term shall be applied only to the wholesale portion of such business.

8. Costs to be added. When a retailer sells at retail any merchandise that is the product of the retailer's own manufacture or that has been purchased by the retailer at the purchase price or prices available to wholesalers, in the absence of proof of a lesser cost, both the wholesale markup of 2% and the retail markup of 6% to cover in part the cost of doing business, as provided in subsections 1 and 2, must be added in determining the cost to the retailer of such merchandise. [RR 2023, c. 2, Pt. C, §17 (COR).]

9. Sub-jobber. "Sub-jobber" shall mean and include a wholesaler who purchases cigarettes at wholesale for the purpose of resale to retail dealers, and who maintains a regularly established place of business where stocks of cigarettes are kept for sale and whose sales are chiefly to other persons for resale.
10 M.R.S. § 1250-D — ME Code / Title 10 / Part 3 / Chapter 206-B / Section 1250-D
10 §1250-D. Public policy
Status: in_force

Any contract or part of a contract or practice under a contract in violation of any provision of this chapter is against public policy and is void and unenforceable. Any existing contract or part of a contract or practice under a contract in violation of any provision of this chapter is against public policy and is void and unenforceable to the extent that it is in conflict with this chapter. [PL 1997, c. 473, §3 (NEW).]
10 M.R.S. § 1415-G — ME Code / Title 10 / Part 3 / Chapter 214 / Section 1415-G
10 §1415-G. Electric heating systems; subsidized housing
Status: in_force

1. Residential construction, remodeling and renovation. During the construction, remodeling or renovation of a multifamily residential structure, a person may not install electric resistance space heating equipment as the primary heating system if that construction, remodeling or renovation is funded in whole or in part by public funds, guarantees or bond proceeds unless: A. The person obtains a waiver from the commission in accordance with subsection 2 ; or [PL 2019, c. 306, §1 (NEW).] B. The structure meets a standard for calculated heat load established by the commission by rule or order. [PL 2019, c. 306, §1 (NEW).] For purposes of this section, "multifamily residential structure" means a residential structure with more than one dwelling unit and "electric resistance space heating equipment" does not include electric thermal storage space heating equipment, a high‑performance air source heat pump that satisfies minimum heating performance standards of the Efficiency Maine Trust or a geothermal heat pump. [PL 2019, c. 306, §1 (RPR).]

2. Waiver. After written petition from a building owner, the commission shall grant a waiver from subsection 1 if the building design conforms to the residential standards set forth in subsection 3 or 4 . A waiver granted by the commission under this subsection must be in writing and state the commission's reason for granting the waiver. [PL 2005, c. 350, §11 (AMD).]

3. Residential standards; electric heat. If the commission grants a waiver under subsection 2 , the building owner shall renovate the building or construct a new building so that the entire building conforms to the minimum energy efficiency standards established in this section. If a waiver is granted under subsection 2 for a building to be remodeled or a building that receives an addition, only the remodeled portion of the building or the addition must conform to the following minimum energy efficiency standards. A. All ceilings that face an outdoor or unheated space must be insulated to an R-value of 57 or greater. [PL 1991, c. 275, §3 (NEW); PL 1991, c. 275, §§4, 5 (AFF).] B. All walls that face an outdoor or unheated space must be insulated to an R-value of 38 or greater. [PL 1991, c. 275, §3 (NEW); PL 1991, c. 275, §§4, 5 (AFF).] C. All floors over unheated spaces must be insulated to an R-value of 25 or greater. [PL 1991, c. 275, §3 (NEW); PL 1991, c. 275, §§4, 5 (AFF).] D. Slab-on-grade floors must have perimeter insulation of either: (1) R-15 when the insulation extends downward from the top of the slab to the design frost line; or (2) R-15 when the insulation extends around the perimeter and horizontally or diagonally beneath or away from the slab for a distance equivalent to the depth of the frost line. [PL 1991, c. 275, §3 (NEW); PL 1991, c. 275, §§4, 5 (AFF).] E. All foundation walls adjacent to a heated space must be insulated from the top of the foundation to the frost line to an R-value of 19 or greater. [PL 1991, c. 275, §3 (NEW); PL 1991, c. 275, §§4, 5 (AFF).] F. All windows and glass in doors, when the glass in the door constitutes 1/3 or more of the door area, must have a total window unit R-value of 2.5 or greater. [PL 1991, c. 275, §3 (NEW); PL 1991, c. 275, §§4, 5 (AFF).] G. All exterior doors must be insulated or equipped with a storm door. [PL 1991, c. 275, §3 (NEW); PL 1991, c. 275, §§4, 5 (AFF).] H. All new construction and renovation must comply with infiltration and ventilation standards established by the commission. [PL 2005, c. 350, §11 (AMD).] [PL 2005, c. 350, §11 (AMD).]

4. Performance-based compliance. The commission may waive the requirements of subsection 3 for any building if the commission determines that the building's calculated annual energy consumption is not greater than the annual energy consumption of a similar building constructed in accordance with subsection 3 . [PL 2013, c. 120, §11 (AMD).]

5. Violation. A building owner who violates this section or rules adopted under this section commits a civil violation for which a fine of not less than $100 nor more than 5% of the value of construction must be adjudged. [PL 2005, c. 350, §11 (AMD).]

6. Notification. An agency, municipality or granting authority that provides a housing subsidy as described in this section must notify the commission that the application complies with the residential energy requirements of this section. Notification must be in a form prescribed by rule by the commission. [PL 2005, c. 350, §11 (AMD).]
10 M.R.S. § 1310-E — ME Code / Title 10 / Part 3 / Chapter 209-B / Section 1310-E
10 §1310-E. Jurisdiction of courts; limitation of actions
Status: in_force

An action to enforce liability created under this chapter may be brought in any court of competent jurisdiction within 2 years from the date on which the liability arises, except that when a defendant has materially and willfully misrepresented any information required under this chapter to be disclosed to an individual and the information so misrepresented is material to the establishment of the defendant's liability to that individual under this chapter, the action may be brought at any time within 2 years after the discovery by the individual of the misrepresentation. [PL 2013, c. 228, §1 (NEW).]
10 M.R.S. § 1215 — ME Code / Title 10 / Part 3 / Chapter 206 / Section 1215
10 §1215. Uniformity of interpretation
Status: in_force

This chapter shall be construed to effectuate its general purpose to make uniform the law of those states which enact it. [PL 1969, c. 503 (NEW).]
10 M.R.S. § 1117 — ME Code / Title 10 / Part 3 / Chapter 201-A / Section 1117
10 §1117. Prepayment or advance payment
Status: in_force

This chapter in no way may be construed to prohibit an owner, contractor or subcontractor from making advance payments, progress payments or from prepaying if agreements or other circumstances make those payments appropriate. All such payments must be made promptly and are subject to the interest, penalty and other provisions of this chapter. [PL 1993, c. 461, §1 (NEW).]
10 M.R.S. § 1394 — ME Code / Title 10 / Part 3 / Chapter 212-B / Section 1394
10 §1394. Arbitration service providers
Status: in_force

1. Providers of consumer arbitrations. Beginning January 1, 2011, a provider shall collect, publish at least quarterly and make available to the public in a computer-searchable format, which must be available on the publicly accessible website of the provider, if any, and on paper upon request, all of the following information for each consumer arbitration with which the provider was involved: A. The name of the nonconsumer party, if the nonconsumer party is a corporation or other business entity; [PL 2009, c. 572, §7 (NEW).] B. The type of dispute involved, such as goods, banking, wireless communications, health care, debt collection and employment; [PL 2009, c. 572, §7 (NEW).] C. If the dispute involved employment, the amount of the employee's annual wage divided into the following ranges: (1) Less than $100,000; (2) From $100,000 to $250,000; or (3) More than $250,000; [PL 2009, c. 572, §7 (NEW).] D. Whether the consumer was the prevailing party; [PL 2009, c. 572, §7 (NEW).] E. The number of times a business that is a party to the consumer arbitration had previously been a party to a mediation or arbitration in which the provider was involved; [PL 2009, c. 572, §7 (NEW).] F. Whether the consumer was represented by an attorney; [PL 2009, c. 572, §7 (NEW).] G. The dates the provider received the demand for arbitration, the arbitrator was appointed and the disposition of the arbitration was rendered; [PL 2009, c. 572, §7 (NEW).] H. The type of disposition of the arbitration, including withdrawal, abandonment, settlement, award after hearing, award without hearing, default and dismissal without hearing; [PL 2009, c. 572, §7 (NEW).] I. The amount of the claim and the amount of any award or relief granted; [PL 2009, c. 572, §7 (NEW).] J. The name of the arbitrator, the amount of the arbitrator's fee for the arbitration and the percentage of the arbitrator's fee allocated to each party; and [PL 2009, c. 572, §7 (NEW).] K. Whether the provider has or within the preceding year had a financial interest in a party or the legal representation of a party in the arbitration or a party or legal representative of a party in the arbitration has or within the preceding year had a financial interest in the provider. [PL 2009, c. 572, §7 (NEW).] Once the information is published and made available, it must remain available for at least 5 years. If the information required by this subsection is available in a computer-searchable format and downloadable for free on the provider's publicly accessible website, the provider may charge a requestor for the cost of copying the information on paper. If the information required by this subsection is not available for free on the provider's publicly accessible website, the provider may not charge a requestor for the information in paper form. [PL 2009, c. 572, §7 (NEW).]

2. Notice to Attorney General; links on website. A provider that provides arbitration services in this State shall notify the consumer protection division of the Office of the Attorney General in writing of any website upon which the information required under subsection 1 is posted. The provider shall inform the consumer protection division of the Office of the Attorney General if it discontinues the use of any website previously reported. The Attorney General shall include the links to the providers on the Attorney General’s publicly accessible website. [PL 2009, c. 572, §7 (NEW).]

3. Liability in providing information. A provider has no liability for collecting, publishing or distributing the information required under subsection 1 . [PL 2009, c. 572, §7 (NEW).]
10 M.R.S. § 4006 — ME Code / Title 10 / Part 7 / Chapter 631 / Section 4006
10 §4006. Appearance by owner
Status: in_force

In a lien action, when the labor or materials were not furnished by a contract with the owner of the property affected, the owner may voluntarily appear and become a party to the action. If the owner does not so appear, such notice of the action as the court orders must be given to the owner and the owner then becomes a party to the action. Any person interested in the article as owner, mortgagee or otherwise may appear and defend. Questions of fact at the instance of either party must be submitted to a jury on an issue framed under the direction of the court. [RR 2023, c. 2, Pt. C, §103 (COR).]
10 M.R.S. § 3258 — ME Code / Title 10 / Part 7 / Chapter 603 / Section 3258
10 §3258. Determination of amount; jury trial
Status: in_force

The court shall determine the amount for which each lienor has a lien upon the property by jury trial, if either party so requests in complaint or answer; otherwise in such manner as the court shall direct. Such determination shall be conclusive as to the fact and amount of the lien, subject to appeal as in other actions. Any lienor may contest another lienor's claim upon issues framed under direction of the court.