5 M.R.S. § 1764-A — ME Code / Title 5 / Part 4 / Chapter 153 / Section 1764-A
5 §1764-A. Improvement of energy efficiency in state-funded construction
Status: in_force

1. Definition. For purposes of this section, "substantially renovated" means any renovation for which the cost exceeds 50% of the building's current value prior to renovation. [PL 2003, c. 497, §1 (NEW); PL 2003, c. 497, §5 (AFF).]

2. Rules. The Bureau of General Services, in consultation with the Public Utilities Commission, shall by rule require that all planning and design for the construction of new or substantially renovated state-owned or state-leased buildings and buildings built with state funds, including buildings funded through state bonds or the Maine Municipal Bond Bank: A. Involve consideration of architectural designs and energy systems that show the greatest net benefit over the life of the building by minimizing long-term energy and operating costs; [PL 2003, c. 497, §1 (NEW); PL 2003, c. 497, §5 (AFF).] B. Include an energy-use target that exceeds by at least 20% the energy efficiency standards in effect for commercial and institutional buildings pursuant to the Maine Uniform Building and Energy Code under Title 10, chapter 1103 ; and [PL 2017, c. 475, Pt. C, §1 (AMD).] C. Include a life-cycle cost analysis that explicitly considers cost and benefits over a minimum of 30 years and that explicitly includes the public health and environmental benefits associated with energy-efficient building design and construction, to the extent they can be reasonably quantified. [PL 2003, c. 497, §1 (NEW); PL 2003, c. 497, §5 (AFF).] Rules adopted pursuant to this section apply to all new or substantially renovated state-owned or state-leased buildings and buildings built with state funds, including buildings funded through state bonds or the Maine Municipal Bond Bank, regardless of whether the planning and design for construction is subject to approval by the department. Rules adopted pursuant to this section may provide for exemptions, waivers or other appropriate consideration for buildings with little or no energy usage, such as unheated sheds or warehouses. The Bureau of General Services shall adopt rules pursuant to this section by July 1, 2004. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2017, c. 475, Pt. C, §1 (AMD).]

3. Approval. A state agency responsible for approving the construction of a new or substantially renovated state-owned or state-leased building and buildings built with state funds, including buildings funded through state bonds or the Maine Municipal Bond Bank, may not grant such approval unless the agency or other entity or organization proposing the construction can show that it has duly considered the most energy-efficient and environmentally efficient designs suitable in accordance with rules adopted pursuant to this section. [PL 2013, c. 424, Pt. A, §2 (AMD).]
5 M.R.S. § 17852-A — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17852-A
5 §17852-A. Computation of benefit for certain correctional facility employees
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Client" has the same meaning as in Title 34‑A, section 1001, subsection 1‑A . [PL 2017, c. 460, Pt. K, §1 (NEW).] B. "Closure" means the removal of all clients from a correctional facility pursuant to legislation enacted into law approving the removal of all clients. [PL 2017, c. 460, Pt. K, §1 (NEW).] C. "Correctional facility" has the same meaning as in Title 34‑A, section 1001, subsection 6 . [PL 2017, c. 460, Pt. K, §1 (NEW).] [PL 2017, c. 460, Pt. K, §1 (NEW).]

2. Correctional facility employees. Notwithstanding section 17852 and any other provision of law, the service retirement benefit for a member for whom funding has been received under subsection 6 is computed as provided in subsection 3 if the member: A. Has creditable service of 25 years or more; [PL 2017, c. 460, Pt. K, §1 (NEW).] B. Has not reached what would be the member's normal retirement age absent this section; [PL 2017, c. 460, Pt. K, §1 (NEW).] C. Was employed in a correctional facility at the time legislation approving the closure of that correctional facility was enacted and that correctional facility is located more than 100 miles from the nearest correctional facility; and [PL 2017, c. 460, Pt. K, §1 (NEW).] D. Retires as a direct result of the closure of the correctional facility described in paragraph C . [PL 2017, c. 460, Pt. K, §1 (NEW).] [PL 2017, c. 460, Pt. K, §1 (NEW).]

3. Benefit. The amount of the service retirement benefit for a member qualified under subsection 2 is 1/50 of the member's average final compensation multiplied by the number of years of creditable service. [PL 2017, c. 460, Pt. K, §1 (NEW).]

4. Certification and calculation of required funding. Within 5 days of a closure of a correctional facility, the Commissioner of Corrections shall provide certification of the closure and the date of enactment and the chapter of the law approving the closure to the retirement system. The retirement system shall determine the required funding for service retirement benefits under subsection 3 for all members who meet the conditions of subsection 2 and shall provide the determined amount to the Commissioner of Administrative and Financial Services, the Commissioner of Corrections and the joint standing committee of the Legislature having jurisdiction over retirement matters. [PL 2017, c. 460, Pt. K, §1 (NEW).]

5. Increase in employer contribution. Upon receipt of the determined required funding from the retirement system pursuant to subsection 4 , the Department of Administrative and Financial Services shall assess a one-time increase in the Department of Corrections' employer contribution rate provided for in section 17253 to fully fund the determined amount. [PL 2017, c. 460, Pt. K, §1 (NEW).]

6. Receipt of funding. The service retirement benefit for a member who meets the conditions of subsection 2 is paid under subsection 3 only if the retirement system has received the funding from the additional assessment provided for in subsection 5 or received an appropriation from the Legislature for the required funding under subsection 4 . [PL 2017, c. 460, Pt. K, §1 (NEW).]
5 M.R.S. § 1829 — ME Code / Title 5 / Part 4 / Chapter 155-A / Section 1829
5 §1829. Federal surplus property
Status: in_force

The Department of Administrative and Financial Services is designated as the state agency to receive and distribute federal surplus property that may become available for distribution to eligible recipients within this State. The department, through the Bureau of General Services, may acquire, warehouse, allocate and distribute surplus government property to all recipients within the State who have been or who may later be designated as eligible to receive such surplus property by the Congress of the United States or any other federal official empowered to make such determination. The Commissioner of Administrative and Financial Services may enter into cooperative agreements with any duly authorized federal official to carry out the purposes of this section. [PL 2005, c. 386, Pt. H, §10 (NEW).]

Upon transfer of surplus property to an eligible recipient, the Commissioner of Administrative and Financial Services shall charge and receive from that recipient money sufficient to cover the acquisition, warehousing, handling, administrative and delivery costs chargeable to that property. The commissioner shall employ and assign such supervisory and clerical personnel as may be necessary to carry out this section, subject to the Civil Service Law. [PL 2005, c. 386, Pt. H, §10 (NEW).]
5 M.R.S. § 245 — ME Code / Title 5 / Part 1 / Chapter 11 / Section 245
5 §245. No ex officio duties
Status: in_force

The State Auditor may not serve in an ex officio capacity on any administrative board or commission or have any financial interest in the transactions of any department, institution or agency of the State Government. The State Auditor may not be responsible for the collection of any money belonging to the State or for the handling or custody of any state funds. [RR 2023, c. 2, Pt. B, §38 (COR).]
5 M.R.S. § 13063-L — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13063-L
5 §13063-L. Application process
Status: in_force

1. Process established. The department shall adopt rules establishing an application process for fund grants for the purposes set forth in section 13063‑K, subsection 2 . In establishing the application process, the department shall consult with business experts involved with microenterprises in the State. [PL 2001, c. 471, Pt. A, §7 (NEW).]

2. Process requirements. The application process must be competitive. An applicant shall specify whether a grant is sought for microenterprise technical assistance or training or a combination thereof. In making grants, the department shall give priority to applications that: A. Are joint applications by 2 or more community-based organizations or otherwise provide for cooperation among community-based organizations; [PL 2001, c. 471, Pt. A, §7 (NEW).] B. Target aid to low-income individuals; or [PL 2001, c. 471, Pt. A, §7 (NEW).] C. Target aid to areas of high unemployment or to underserved areas of the State. [PL 2001, c. 471, Pt. A, §7 (NEW).] The department may establish additional criteria for assessing applications for fund grants. [PL 2001, c. 471, Pt. A, §7 (NEW).]
5 M.R.S. § 19502 — ME Code / Title 5 / Part 24 / Chapter 511 / Section 19502
5 §19502. Designation
Status: in_force

The Governor shall designate an agency, independent of any state or private agency that provides treatment, services or habilitation to persons with disabilities, to serve as the protection and advocacy agency for persons with disabilities. [PL 2001, c. 357, §3 (AMD).]
5 M.R.S. § 1812-B — ME Code / Title 5 / Part 4 / Chapter 155 / Section 1812-B
5 §1812-B. Purchasing of paper and paper products
Status: in_force

1. Purchase of paper and paper products with recycled material content. Subject to subsection 3 , the Chief Procurement Officer shall provide that of the total dollar amount spent in each fiscal year on paper and paper products purchased by the State: A. On or after October 1, 1989, not less than 15% must be spent on paper and paper products with recycled material content; [PL 2023, c. 516, Pt. B, §8 (AMD).] B. On or after October 1, 1991, not less than 30% must be spent on paper and paper products with recycled material content; and [PL 2023, c. 516, Pt. B, §8 (AMD).] C. On or after October 1, 1993, not less than 50% must be spent on paper and paper products with recycled material content. [PL 2023, c. 516, Pt. B, §8 (AMD).] [PL 2023, c. 516, Pt. B, §8 (AMD).]

2. Federal guidelines and cooperative purchases. To qualify as having recycled material content, paper or paper products must have recycled material content that meets or exceeds the standards established for that paper or paper product category in Table 1 of the Guideline for Federal Procurement of Paper and Paper Products, 40 Code of Federal Regulations, Part 250. The Chief Procurement Officer shall determine whether paper or a paper product qualifies. The Chief Procurement Officer may join with other states in making cooperative requests for bids to supply paper and paper products. [PL 2023, c. 516, Pt. B, §8 (AMD).]

3. Bids; price preference. A person who submits a bid for a contract to supply paper or paper products shall certify the percentage and nature of any recycled material content in the product subject to bid. Bids offering paper or paper products with recycled material content that are within 10% of the lowest bid that meets all other specifications may receive up to a 10% price preference. Any bids to supply paper or paper products with recycled material content that exceed by more than 10% the low bid that meets all other specifications may not be considered. If no bids are received on a request for bids that offer paper or paper products with recycled material content, the Chief Procurement Officer may award the contract to a bidder whose paper or paper product has substandard percentages of or no recycled material content. [PL 2023, c. 516, Pt. B, §8 (AMD).]
5 M.R.S. § 4 — ME Code / Title 5 / Part 1 / Chapter 1 / Section 4
5 §4. Dedimus justices
Status: in_force

1. Appointment; term. The Governor may appoint in each county persons who are designated as dedimus justices, before whom the oath required by the Constitution of Maine to qualify civil officers may be taken and subscribed. A person appointed under this subsection shall exercise that person's powers and duties and is commissioned to act within and for each county for a term of 7 years. A person already designated as a dedimus justice prior to October 1, 2025 is exempt from the 7-year term. [PL 2025, c. 273, §1 (NEW).]

2. Change of information of dedimus justice. Within 30 calendar days of the occurrence of any of the following changes to a dedimus justice's status or information previously submitted, a dedimus justice shall submit written notice to the Governor and the Secretary of State: A. A change of the dedimus justice's name by court order or marriage; [PL 2025, c. 273, §1 (NEW).] B. A change of the dedimus justice's residence or mailing address; or [PL 2025, c. 273, §1 (NEW).] C. A change of the dedimus justice's e-mail address or telephone number. [PL 2025, c. 273, §1 (NEW).] [PL 2025, c. 273, §1 (NEW).]

3. Resignation. A dedimus justice may resign the dedimus justice's commission at any time by submitting written notice to the Governor and the Secretary of State of the intent to resign. The resignation is effective as of the date of the written notice. Upon resignation, a dedimus justice shall return the dedimus justice's certificate of commission to the Secretary of State. [PL 2025, c. 273, §1 (NEW).]
5 M.R.S. § 1825-N — ME Code / Title 5 / Part 4 / Chapter 155 / Section 1825-N
5 §1825-N. Support to suppliers of goods and services
Status: in_force

The Chief Procurement Officer shall provide to bidders and contractors resources to assist with compliance with the state purchasing code of conduct established in this subchapter. These resources must include a list, easily accessed by the public, of bidders and vendors who have adopted the state purchasing code of conduct. [PL 2023, c. 516, Pt. B, §34 (AMD).]
5 M.R.S. § 17110 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17110
5 §17110. Custodial care of securities
Status: in_force

1. Contract or agreement. The board may enter into a contract or agreement with any national bank, trust company or safe deposit company for custodial services for the securities belonging to any fund of the retirement system and other related services. A. A contracting bank performing services under a contract or agreement pursuant to this section shall comply with Title 9‑B, section 473 . [PL 1997, c. 398, Pt. L, §3 (AMD).] B. The contracting bank shall give assurance of proper safeguards, which are usual to contracts such as these. [PL 1985, c. 801, §§5, 7 (NEW).] C. The contracting bank shall furnish insurance protection satisfactory to both parties. [PL 1985, c. 801, §§5, 7 (NEW).] D. All contracts or agreements entered into between the board and the custodian bank, trust company or safe deposit company selected by the board must have the approval of a majority of the board. [PL 1993, c. 410, Pt. L, §25 (AMD).] [PL 1997, c. 398, Pt. L, §3 (AMD).]

2. Payment for services. The board may arrange for the payment of services rendered under this section: A. By cash payments to be charged pro rata to the income of the several funds of the retirement system; [PL 1985, c. 801, §§5, 7 (NEW).] B. By an agreement for a compensating deposit balance with the bank in question in lieu of the cash payment under paragraph A ; or [PL 1985, c. 801, §§5, 7 (NEW).] C. By some combination of the methods of payment in paragraphs A and B . [PL 1985, c. 801, §§5, 7 (NEW).] [PL 1985, c. 801, §§5, 7 (NEW).]

3. Withdrawal or deposit. The chief executive officer, or another person or persons designated to the custodian by the board, may withdraw securities from or deposit securities with the custodian as circumstances may require, except that all withdrawals or delivery instructions must bear the written approval of 2 other persons duly authorized by a resolution of the board. [PL 1985, c. 801, §§5, 7 (NEW); PL 2021, c. 548, §45 (REV).]
5 M.R.S. § 13208 — ME Code / Title 5 / Part 18-A / Chapter 393 / Section 13208
5 §13208. Interest of public officials, directors or employees
Status: in_force

1. Present or past interest in property. If a public official, member of the board of directors or employee of the corporation presently owns or controls, or owned or controlled within the preceding 2 years, a direct or an indirect interest in property known to be included or planned to be included in a corporation activity, that public official, trustee or employee shall disclose this fact immediately in writing to the board of directors and the disclosure must be entered in the board's minutes. [PL 2021, c. 631, §1 (NEW).]

2. Recusal. A public official, member of the board of directors or employee of the corporation with an interest in property under this section may not participate in an action by the corporation affecting that property. [PL 2021, c. 631, §1 (NEW).]

3. Violation. A violation of this section is a Class E crime. [PL 2021, c. 631, §1 (NEW).]
5 M.R.S. § 1734 — ME Code / Title 5 / Part 4 / Chapter 152 / Section 1734
5 §1734. Self-insurance fund limitation
Status: in_force

The self-insurance fund may not exceed 2% of the then current value of all state-insured or self-insured retention property protected by the self-insurance fund as determined by the State Controller. [PL 2017, c. 284, Pt. O, §7 (AMD).]

If the self-insurance fund reaches or exceeds the maximum amount specified in this section, payments to the self-insurance fund, as specified in section 1733 , must cease and any excess must be transferred into the General Fund not later than the end of the first quarter of the next fiscal year. [PL 1993, c. 470, §6 (AMD).]

Payments to the self-insurance fund may not begin again until such time as the amount in the self-insurance fund drops below the maximum amount specified in this section. [PL 1993, c. 470, §6 (AMD).]
5 M.R.S. § 1745 — ME Code / Title 5 / Part 4 / Chapter 153 / Section 1745
5 §1745. Advertisement for sealed proposals; bonds
Status: in_force

The trustees, commissioners or other persons in charge of any public improvement in an amount in excess of $100,000, which is subject to chapters 141 to 155 shall, after consultation with the Director of the Bureau of General Services, advertise for sealed proposals not less than 2 weeks in such papers as the Governor may direct. The last advertisement must be at least one week before the time named in the advertisement for the closing of such bids. Sealed proposals for any public improvements must be addressed to the trustees, commissioners or such other persons having the construction in charge and remain sealed until opened at the time and place stated in the advertisement or as the Governor may direct. [PL 2011, c. 691, Pt. B, §12 (AMD).]

If a public improvement has been properly advertised in accordance with this chapter, and no proposals have been received from a qualified person who has been bonded in accordance with the requirements of Title 14, section 871 , the Director of the Bureau of General Services is authorized to accept proposals from persons that are not bonded in accordance with the requirements of Title 14, section 871 . The Director of the Bureau of General Services is authorized to set reasonable standards to ensure the interest of the State in the consideration of persons mentioned in this paragraph. [PL 2011, c. 691, Pt. B, §12 (AMD).]
5 M.R.S. § 17206 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17206
5 §17206. Statement of account
Status: in_force

The chief executive officer shall furnish to each member of the retirement programs of the retirement system, upon request, a statement showing the amount of accumulated contributions to the member's credit in the member's individual account in the Members' Contribution Fund. [PL 2007, c. 491, §90 (AMD); PL 2021, c. 548, §45 (REV).]
5 M.R.S. § 19007 — ME Code / Title 5 / Part 21 / Chapter 431 / Section 19007
5 §19007. Cost of administration
Status: in_force

Any cost of administering this chapter may be prorated among the political subdivisions joining this plan. A revolving fund is established from which costs of administration shall be paid and to which shall be credited the amounts billed to and received from the political subdivisions in the plan. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 17058 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17058
5 §17058. Information for administrative or judicial proceedings
Status: in_force

If information regarding the availability, calculation or value of any benefit is required for an administrative or judicial proceeding, the party seeking the information must file written questions requesting that information with the chief executive officer. The chief executive officer, or the chief executive officer's designee, shall make a certified response to those questions within 30 days and the certified response is admissible as evidence in any administrative or judicial proceeding. A subpoena or other form of discovery directed at obtaining the information may not be issued nor may employees of the retirement system be required to testify on the subjects covered by the certified response unless there is an express finding by an administrative agency or a court that there is a compelling necessity to permit further discovery or to require testimony. [PL 1991, c. 580, §3 (NEW); PL 2021, c. 548, §45 (REV).]
5 M.R.S. § 18653-A — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18653-A
5 §18653-A. Funds
Status: in_force

All assets in the group life insurance program may be combined for investment purposes. The assets attributable to employers of participating local district participants in the group life insurance program may not be combined with the assets attributable to other group life insurance participants for benefit purposes. Premiums for retiree group life insurance coverage under section 18661, subsection 2 , and interest and dividends attributable to those premiums, may not be used to provide benefits for participants who are not retirees. [PL 2017, c. 475, Pt. A, §6 (AMD).]
5 M.R.S. § 7064 — ME Code / Title 5 / Part 17-A / Chapter 372 / Section 7064
5 §7064. Filling of positions
Status: in_force

Positions in the classified service must be filled by original appointment, promotion, transfer, reinstatement or demotion in accordance with policies and procedures developed by the officer. These policies and procedures must provide for the direct hire of positions in the classified service where appropriate. [RR 2023, c. 1, Pt. B, §34 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]

1. Objective. In developing policies and procedures for filling positions, the officer must be guided by the principle of filling each position as efficiently and expeditiously as possible. The officer shall strive to fill each position in 30 days and no later than 45 days from the date a request to fill a position has been received from a state agency. [RR 2023, c. 1, Pt. B, §35 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]

2. Eligibility of unclassified employees for classified service. In addition to any other provisions in this chapter, unclassified employees listed in section 931, subsection 1, paragraph H , and other unclassified employees, except those cited in section 931, subsection 1, paragraphs A to G , and paragraphs I and J , and in sections 932 to 953, are eligible for appointment to the classified service on the same basis as other members of the classified service. [PL 2003, c. 177, §1 (AMD).]

Notwithstanding any provision of this section to the contrary, a permanent, classified employee who accepts appointment to a major policy-influencing position listed in section 931 and in sections 932 to 952 retains, for the duration of the appointment, promotion, transfer and demotion rights consistent with this section. [RR 2015, c. 2, §2 (COR).]
5 M.R.S. § 20010 — ME Code / Title 5 / Part 25 / Chapter 521 / Section 20010
5 §20010. Opioid Use Disorder Prevention and Treatment Fund
Status: in_force

1. Fund established. The Opioid Use Disorder Prevention and Treatment Fund, referred to in this section as "the fund," is established for the purpose of supporting opioid use disorder analysis, prevention and treatment and is administered by the department. The fund consists of: A. Money received from proceeds from the registration fee under Title 32, section 13800‑C ; [PL 2019, c. 536, §1 (NEW).] B. Money received from proceeds from the fee under Title 32, section 13724 , less $325, which may be retained by the Department of Professional and Financial Regulation; and [PL 2019, c. 536, §1 (NEW).] C. Appropriations, allocations and contributions from private and public sources. [PL 2019, c. 536, §1 (NEW).] The fund must be held separate and apart from all other money, funds and accounts. Eligible investment earnings credited to the assets of the fund become part of the assets of the fund. Any unexpended balances remaining in the fund at the end of any fiscal year do not lapse and must be carried forward to the next fiscal year. [PL 2019, c. 536, §1 (NEW).]

2. Uses of fund proceeds. The proceeds of the fund must be used for the following purposes: A. Opioid use disorder prevention services; [PL 2019, c. 536, §1 (NEW).] B. Opioid use disorder treatment services, including: (1) Inpatient and outpatient treatment programs and facilities, including short-term and long-term residential treatment programs and sober living facilities; (2) Treating substance use disorder for the underinsured and uninsured; and (3) Research regarding opioid use disorder prevention and treatment; [PL 2019, c. 536, §1 (NEW).] C. The department's reasonable expenses in administering the fund; and [PL 2019, c. 536, §1 (NEW).] D. The Maine Board of Pharmacy's reasonable expenses in administering Title 32, section 13800‑C and in providing the report required under Title 32, section 13800‑C . [PL 2019, c. 536, §1 (NEW).] The department shall award grants and contracts from proceeds of the fund to persons and organizations to carry out the purposes of the fund. [PL 2019, c. 536, §1 (NEW).]
5 M.R.S. § 32 — ME Code / Title 5 / Part 1 / Chapter 2 / Section 32
5 §32. Jury trial; common-law rights
Status: in_force

Any action brought under this chapter may be heard by a jury. Nothing in this chapter may be construed to derogate any common-law rights of an employee. [PL 1985, c. 167 (NEW).]
5 M.R.S. § 3107 — ME Code / Title 5 / Part 8 / Chapter 310 / Section 3107
5 §3107. Governmental cooperation; temporary reassignment of governmental employees
Status: in_force

Any department, agency, authority, board, commission or other instrumentality of the State or other governmental unit may assist in the gathering of information, reports and data that relate to state policy planning and development. Upon request by the director, the Governor may assign to the office on a temporary basis personnel from any other state department or agency needed for a project assigned to the office. [PL 2019, c. 383, §7 (RPR).]
5 M.R.S. § 12002-D — ME Code / Title 5 / Part 18 / Chapter 379 / Section 12002-D
5 §12002-D. Compensation and expenses of excluded boards
Status: in_force

Sections 12002‑A , 12002‑B and 12002‑C governing the payment of compensation and reimbursement of expenses to boards subject to this chapter do not apply to boards that are excluded from this chapter, as described in section 12002, subsection 1, paragraphs A to G . Compensation and reimbursement of expenses of boards excluded by section 12002, subsection 1 are governed by this section. [PL 2023, c. 665, §1 (AMD).]

The members of a board excluded from this chapter who are not otherwise compensated for their time serving on the board by their employer or the entity they represent may be compensated in an amount not to exceed the legislative per diem for their time and reimbursed for expenses, including meals and refreshments provided during the meeting of the board, to the extent that the department or agency of State Government with which the board is associated has sufficient money in the budget of the department or agency to provide the compensation and reimburse the expenses. The associated department or agency shall determine the amount and manner of compensation provided to members of the board. [PL 2023, c. 665, §1 (AMD).]
5 M.R.S. § 18052 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 18052
5 §18052. Nature of policy
Status: in_force

1. Limitation. All provisions of a policy or policies purchased under section 18051 shall be subject to the limitations of Title 24‑A, sections 2601 to 2628 . [PL 1985, c. 801, §§ 5, 7 (NEW).]

2. No reduction of benefits. No provisions of a policy or policies purchased under section 18051 may reduce the benefits granted under this subchapter. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 455 — ME Code / Title 5 / Part 1 / Chapter 18 / Section 455
5 §455. Uses of the trust fund
Status: in_force

1. Funds available. The board may utilize available funds as follows. A. The board may use income for the purposes of this section. [PL 1981, c. 711, §2 (NEW).] B. The board may use the principal if approved by the Legislature and the Governor. [PL 1981, c. 711, §2 (NEW).] [PL 1981, c. 711, §2 (NEW).]

2. Uses. Funds may be used as follows: A. To purchase and develop land or other real property interests for park and recreational uses; [PL 1981, c. 711, §2 (NEW).] B. To purchase wildlife habitats, marine habitats and unique natural areas; [PL 2025, c. 469, §4 (AMD); PL 2025, c. 469, §44 (AFF).] C. To restore the quality of marine waters, lakes, rivers and streams; or [PL 2025, c. 469, §4 (AMD); PL 2025, c. 469, §44 (AFF).] D. To restore the quality of lands, geographic and topological features and soils. [PL 2025, c. 469, §4 (NEW); PL 2025, c. 469, §44 (AFF).] [PL 2025, c. 469, §4 (AMD); PL 2025, c. 469, §44 (AFF).]
5 M.R.S. § 1668 — ME Code / Title 5 / Part 4 / Chapter 149 / Section 1668
5 §1668. Temporary curtailment of allotments
Status: in_force

Whenever it appears to the Commissioner of Administrative and Financial Services that the anticipated income and other available funds of the State will not be sufficient to meet the expenditures authorized by the Legislature, the commissioner shall so report in writing to the Governor, and shall send a copy of the report to the President of the Senate and the Speaker of the House and the majority and minority leaders of the Senate and House. After receiving the report, the Governor may temporarily curtail allotments equitably so that expenditures will not exceed the anticipated income and other available funds. No allotment may be terminated pursuant to this section. Any curtailment of allotments must, insofar as practicable, be made consistent with the intent of the Legislature in authorizing these expenditures. [PL 1991, c. 780, Pt. Y, §49 (AMD).]

The Governor shall immediately upon the curtailment of any allotment, notify the President of the Senate and the Speaker of the House and the majority and minority leaders of the Senate and House of the specific allotments curtailed, the extent of curtailment of each allotment and the effect of each curtailment on the objects and purposes of the program so affected. [PL 1975, c. 771, §77-A (NEW).]
5 M.R.S. § 25001 — ME Code / Title 5 / Part 31 / Chapter 631 / Section 25001
5 §25001. Commission established
Status: in_force

The Permanent Commission on the Status of Racial, Indigenous and Tribal Populations, established by section 12004‑J, subsection 19 and referred to in this chapter as "the commission," is an independent commission. The commission shall promote, implement and coordinate programs that create and improve opportunities and incorporate the goal of eliminating disparities for historically disadvantaged racial, indigenous and tribal populations in the State. [PL 2021, c. 436, §4 (AMD).]
5 M.R.S. § 13090-K — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13090-K
5 §13090-K. Tourism Marketing Promotion Fund
Status: in_force

1. Fund established. The Tourism Marketing Promotion Fund is established in the Department of Economic and Community Development, Office of Tourism as a nonlapsing dedicated account. [PL 2001, c. 439, Pt. UUUU, §1 (NEW).]

2. Source of fund. On July 1st of each year, the State Controller shall transfer to the Tourism Marketing Promotion Fund an amount, as certified by the State Tax Assessor, that is equivalent to 5% of the 8% tax and 5% of the 9% tax imposed on tangible personal property and taxable services pursuant to Title 36, section 1811 for the first 6 months of the immediately prior fiscal year after the reduction for the transfer to the Local Government Fund as described by Title 30‑A, section 5681, subsection 5 and the transfers to the sales tax funds pursuant to Title 36, section 1815 . On October 1st of each year, the State Controller shall transfer to the Tourism Marketing Promotion Fund an amount, as certified by the State Tax Assessor, that is equivalent to 5% of the 8% tax and 5% of the 9% tax imposed on tangible personal property and taxable services pursuant to Title 36, section 1811 for the last 6 months of the immediately prior fiscal year after the reduction for the transfer to the Local Government Fund and the transfers to the sales tax funds pursuant to Title 36, section 1815 . The tax amount must be based on actual sales for that fiscal year and may not consider any accruals that may be required by law. The amount transferred from General Fund sales and use tax revenues does not affect the calculation for the transfer to the Local Government Fund. [PL 2023, c. 613, Pt. B, §1 (RPR).]

3. Restrictions. A minimum of 10% of the funds received by the Tourism Marketing Promotion Fund in accordance with subsection 2 must be used for regional marketing promotion and regional special events promotion. [PL 2001, c. 439, Pt. UUUU, §1 (NEW).]
5 M.R.S. § 13090-D — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13090-D
5 §13090-D. Historical marker program (REALLOCATED FROM TITLE 5, SECTION 13080-P)
Status: in_force

(REALLOCATED FROM TITLE 5, SECTION 13080-P)

1. Historical markers. The Director of the Office of Tourism may erect historical markers or signs on any highway. No more than 10 historical markers may be erected in one year. Markers that would interfere with reasonable use of highways may not be erected. [PL 2003, c. 198, §8 (AMD).]

2. Review council. The Director of the Office of Tourism shall consult with the Maine Historic Preservation Commission and the Department of Transportation on the historical marker program. Before erecting any marker, the director shall secure the Maine Historic Preservation Commission's approval of the marker, the marker's location and the marker's wording. The Maine Historic Preservation Commission shall obtain, or cause to be obtained, as needed, information on the event to be commemorated and on the appropriate location for the marker, including consulting historians and holding public hearings. [PL 2003, c. 198, §8 (AMD).]

3. Municipal permission. Municipal officers may permit the erection of monuments, tablets and markers by individuals or societies on public highways or other public grounds, in places and of a character as may be approved by the municipal officers, to indicate the occurrence of historic events and matters of public interest, as long as the markers do not interfere with reasonable use of the highways or other public places. [RR 1995, c. 2, §11 (RAL).]

4. Cooperative agreements. The Maine Historic Preservation Commission may enter into cooperative agreements with any municipality or historical society to erect a historical marker on any highway. The agreement must provide for reasonable sharing of the initial expense and for the municipality or society to maintain and care for the marker. [RR 1995, c. 2, §11 (RAL).]

5. Damages. If a person's property is damaged by the erection of a monument, tablet or marker, that person may apply to the municipal officers within 6 months after the erection to assess and recover damages. [RR 1995, c. 2, §11 (RAL).]

6. Change of location. A person whose rights or interests are affected by the location of a monument, tablet or marker may, within 60 days after the approval of the municipal officers, petition the municipal officers for a change of location and, after notice to parties and hearing, the municipal officers may alter or revoke approval to use the location. [RR 1995, c. 2, §11 (RAL).]

7. Petition to court. If the municipal officers neglect or refuse after 30 days to decide upon any petition addressed to them or if a party whose interests are affected by the decision is dissatisfied with the decision, the dissatisfied petitioner or party may apply to the Superior Court for relief within 60 days of the decision. [RR 1995, c. 2, §11 (RAL).]

8. Return; record; fees. The municipal officers shall, within 30 days, decide upon every petition presented to them and upon every location approved under this section, and shall cause this information to be recorded by the town clerk. The fees of the municipal officers and town clerk must be paid by the petitioner. [RR 1995, c. 2, §11 (RAL).]
5 M.R.S. § 18201 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18201
5 §18201. Local district participation
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

A local district may contract for the participation of its employees in the Participating Local District Retirement Program under this chapter any time before the date the board puts into operation the consolidated retirement plan for participating local districts under chapter 427 . After the date on which the consolidated plan described in chapter 427 is put into operation, a local district may contract for participation only under the consolidated plan. [PL 2007, c. 491, §182 (AMD).]

1. Local districts that are not municipalities. For a local district that is not a municipality, as that term is defined in Title 1, section 72, subsection 13 , the executive body of the district must approve participation and must file with the board a duly certified copy of the resolution approving the participation and the extent of the benefits which are to apply and setting the date of establishment as provided under subsection 4 . [PL 1985, c. 801, §§5, 7 (NEW).]

2. Local districts that are municipalities. For a local district that is a municipality, as that term is defined in Title 1, section 72, subsection 13 , the legislative body of the municipality must approve participation and must file with the board a record of the vote of the legislative body, certified by the clerk of the municipality, approving the participation and the extent of the benefits which are to apply and setting the date of establishment as provided under subsection 4 . [PL 1985, c. 801, §§5, 7 (NEW).]

3. (TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 1991, c. 619, §18) Exempt employees. The local district shall designate in its approval any class of employees that the district determines to be exempt from this Part. [PL 1991, c. 619, §11 (AMD); PL 1991, c. 619, §18 (AFF).]

3. (TEXT EFFECTIVE ON CONTINGENCY: See PL 1991, c. 619, §18) Exempt employees. The local district shall designate in its approval any class of employees, otherwise provided for by local pension provisions, who are exempt from this Part. [PL 1985, c. 801, §§5, 7 (NEW).]

3-A. Compliance with federal law. The local district is responsible for compliance with 26 Code of Federal Regulations, Part 31, with Section 401 of the United States Internal Revenue Code and with other relevant federal law and rules with respect to its employees, including employees to whom section 18252‑A applies. [PL 1997, c. 709, §1 (NEW).]

4. Date of establishment. The date when the participation of the employees of a participating local district begins shall be set by the district. This date, which shall be no later than 6 months after the date of approval, shall be considered as the date of establishment for a participating local district under section 17101, subsection 3 . [PL 1985, c. 801, §§5, 7 (NEW).]

5. Clarification of certified actions. The chief administrative officer of the participating local district may clarify in writing any ambiguity in the certified action, and the retirement system may rely on that clarification. [PL 2025, c. 221, §32 (NEW).]
5 M.R.S. § 13070-O — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13070-O
5 §13070-O. Evaluation of economic development proposals
Status: in_force

1. Criteria. An economic development proposal must: A. Have a program name that accurately describes the nature of the program; [PL 1999, c. 768, §5 (NEW).] B. Have specific stated objectives, such as the number of jobs to be created or retained, the wage levels and benefits associated with those jobs or a project with significant value to the State or a community within the State; [PL 1999, c. 768, §5 (NEW).] C. Specify a method to measure whether the objectives of the program have been met; [PL 1999, c. 768, §5 (NEW).] D. Require that a business that receives benefits under the program report on the use of the benefits received; [PL 1999, c. 768, §5 (NEW).] E. Require that the appropriate joint standing committee of the Legislature review the program at specific and regular intervals; [PL 1999, c. 768, §5 (NEW).] F. Provide incentives for a business to meet objectives of the program and, when incentives are provided in anticipation of contractual performance, penalties for a business that does not meet the objectives of the program; [PL 2007, c. 434, §4 (AMD).] G. Provide a cost analysis of the program based on at least a 10-year period; [PL 2007, c. 434, §5 (AMD).] H. Have a clearly defined public purpose; [PL 2007, c. 434, §6 (NEW).] I. In addition to standard data, report performance data specific to its goals and objectives annually to the entity that is assigned to coordinate the State's portfolio of economic development programs; and [PL 2007, c. 434, §7 (NEW).] J. Require that a business that receives benefits under the program have a business statement that includes the requirements of section 13070‑J, subsection 2‑A . [PL 2017, c. 264, §12 (AMD).] [PL 2017, c. 264, §12 (AMD).]

2. Review of criteria. The department shall review each economic development proposal and any information relevant to the proposal and shall report to the joint standing committee of the Legislature having jurisdiction over the proposal on the extent to which the proposal meets the criteria specified in subsection 1 . [PL 1999, c. 768, §5 (NEW).]
5 M.R.S. § 1971 — ME Code / Title 5 / Part 4 / Chapter 163 / Section 1971
5 §1971. Chief Information Officer; appointment; qualifications
Status: in_force

The Commissioner of Administrative and Financial Services shall appoint the Chief Information Officer. The Chief Information Officer must be a qualified professional person who shall: [PL 2005, c. 12, Pt. SS, §9 (RPR).]

1. Policy-making information. Direct, coordinate and oversee information technology policy making, planning, architecture and standardization; and [PL 2005, c. 12, Pt. SS, §9 (NEW).]

2. Provide services. Direct and oversee the provision of information technology and enterprise services in data processing and telecommunications throughout State Government. [PL 2005, c. 12, Pt. SS, §9 (NEW).]
5 M.R.S. § 7052 — ME Code / Title 5 / Part 17-A / Chapter 372 / Section 7052
5 §7052. Appointments and promotions
Status: in_force

Appointments to and promotions in the classified service must be made according to merit and fitness, from eligible lists developed by the officer pursuant to procedures and policies established by the officer. A person may not be appointed, transferred, promoted or reduced as an officer, clerk or employee or laborer in the classified service in any manner or by any means other than those prescribed by law or rule pursuant to this chapter. [RR 2023, c. 1, Pt. B, §23 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]
5 M.R.S. § 885 — ME Code / Title 5 / Part 2 / Chapter 67 / Section 885
5 §885. Selection of firms
Status: in_force

The advisory council shall select up to 7 firms for participation by state employees as the result of investigation and competitive bidding, as outlined in chapter 155 . The advisory council may, at any time after the evaluation and study of new programs, replace any previously selected firm with another firm through the process of competitive bidding. Participants in the plan retain the right to continue to invest with a previously selected firm with which they have already established an account in the State of Maine plan. Any firm selected by the advisory council in accordance with this section must be a registered investment advisor under the federal Investment Company Act of 1940 or a bank or insurance company authorized to receive or manage contributions as part of a tax-deferred arrangement under this chapter. [PL 1997, c. 204, §6 (AMD).]

Any county, city, town or other political subdivision wishing to make use of any material relating to evaluation, or competitive bidding compiled by the advisory council, may receive copies on request. [PL 1997, c. 204, §6 (AMD).]
5 M.R.S. § 5302 — ME Code / Title 5 / Part 14 / Chapter 341 / Section 5302
5 §5302. Denial, suspension, revocation or other discipline of licensees because of criminal record
Status: in_force

1. Reasons for disciplinary action. Licensing agencies may refuse to grant or renew, or may suspend, revoke or take other disciplinary action against any occupational license, registration or permit on the basis of the criminal history record information relating to convictions denominated in section 5301, subsection 2 , but only if the licensing agency determines that the applicant, licensee, registrant or permit holder so convicted has not been sufficiently rehabilitated to warrant the public trust. The applicant, licensee, registrant or permit holder shall bear the burden of proof that there exists sufficient rehabilitation to warrant the public trust. [PL 1989, c. 84, §2 (AMD).]

2. Reasons to be stated in writing. The licensing agency shall explicitly state in writing the reasons for a decision which prohibits the applicant, licensee, registrant or permit holder from practicing the profession, trade or occupation if that decision is based in whole or in part on conviction of any crime described in section 5301, subsection 2 . [PL 1989, c. 84, §2 (AMD).]
5 M.R.S. § 1992 — ME Code / Title 5 / Part 4 / Chapter 163 / Section 1992
5 §1992. Office of Geographic Information Systems established
Status: in_force

The Office of Geographic Information Systems is established within the Office of Information Technology. [PL 2005, c. 12, Pt. SS, §16 (NEW).]
5 M.R.S. § 17856 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17856
5 §17856. Interchangeable benefits for law enforcement officers
Status: in_force

Any service retirement benefits earned by a law enforcement officer under this article which are substantially similar or equal are interchangeable. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 4594 — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4594
5 §4594. Standards for facilities constructed or altered between January 1, 1982 and January 1, 1984
Status: in_force

1. Facilities attested. This section applies for the following facilities: A. Any building or facility constructed specifically as a place of public accommodation on or after January 1, 1982 but before January 1, 1984, or when the estimated total costs for remodeling or enlarging an existing building exceeds $250,000 and the remodeling or enlarging is begun after January 1, 1982 but before January 1, 1984; and [PL 2011, c. 322, §2 (AMD).] B. Any building or facility constructed specifically as a place of employment on or after January 1, 1982 but before January 1, 1984, or when the estimated total costs for remodeling or enlarging an existing building exceed $100,000 and the remodeling or enlarging is begun after January 1, 1982 but before January 1, 1984. [PL 2011, c. 322, §2 (AMD).] [PL 2011, c. 322, §2 (AMD).]

2. Application. Facilities subject to this section must meet the requirements of the 1981 standards of construction adopted pursuant to Title 25 , former chapter 331, to implement the following 4 parts of the American National Standards Institute's "Specification for Making Buildings and Facilities Accessible to and Usable by Physically Handicapped People," (ANSI A 117.1-1980): A. 4.3 Accessible Route; [PL 1981, c. 334, §3 (NEW).] B. 4.13 Doors; [PL 1981, c. 334, §3 (NEW).] C. 4.17 Toilet Stalls; [PL 1987, c. 390, §2 (AMD).] D. 4.29.3 Tactile Warnings on doors to Hazardous Areas; and [PL 1987, c. 390, §2 (AMD).] E. Parking spaces for use by persons with physical disability in adequate number, pursuant to section 4593, subsection 1, paragraph E . [PL 1991, c. 99, §24 (AMD).] [PL 2011, c. 613, §15 (AMD); PL 2011, c. 613, §29 (AFF).]
5 M.R.S. § 17601 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17601
5 §17601. Information from departments
Status: in_force

1. State employees. The head of each department shall submit to the board, on behalf of the employee: A. A statement showing the name, title, compensation, sex, date of birth and length of service of each member of the State Employee and Teacher Retirement Program in that department and any other information required to administer this Part in the format specified by the chief executive officer; and [PL 2007, c. 491, §92 (AMD); PL 2021, c. 548, §45 (REV).] B. A statement giving whatever information regarding other employees in that department the board may require. [PL 1985, c. 801, §§ 5, 7 (NEW).] [PL 2007, c. 491, §92 (AMD); PL 2021, c. 548, §45 (REV).]

2. Teachers. Each superintendent or chief administrator of a public school shall submit the information set out in subsection 1 to the board for all teachers, except substitute teachers who elect not to become members of the retirement system pursuant to section 17652, subsection 6 . [PL 2007, c. 305, §1 (AMD).]
5 M.R.S. § 11003 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 11003
5 §11003. Service
Status: in_force

1. Petition served. The petition for review shall be served by certified mail, return receipt requested, upon: A. The agency; [PL 1977, c. 551, §3 (NEW).] B. All parties to the agency proceeding; and [PL 1977, c. 551, §3 (NEW).] C. The Attorney General. [PL 1977, c. 551, §3 (NEW).] [PL 1977, c. 551, §3 (NEW).]

2. Certification. Upon request, the agency shall certify to the petitioner the names and addresses, as disclosed by its records, of all parties to the proceeding in which the decision sought to be reviewed was made, and service upon parties so certified shall be sufficient. [PL 1977, c. 551, §3 (NEW).]
5 M.R.S. § 7053 — ME Code / Title 5 / Part 17-A / Chapter 372 / Section 7053
5 §7053. Intermittent employees
Status: in_force

It is the policy of the State to permit all employees of the State to participate to the fullest extent possible in the benefits of the civil service system for classified and unclassified employees. This policy shall be extended to full-time, part-time, intermittent and all other categories of employees. [PL 1985, c. 785, Pt. B, §38 (NEW).]

The State Human Resources Officer shall, not later than July 1, 1986, adopt rules to assure the attainment of this policy for intermittent employees. At a minimum, the rules must: [RR 1997, c. 2, §15 (COR); PL 2023, c. 412, §3 (REV).]

1. Define intermittent positions. Define intermittent positions and must in the definition limit the use of any position to employment for not more than 1040 hours in any consecutive 12-month period; [PL 1995, c. 502, Pt. F, §3 (AMD).]

2. Eligibility provisions. Provide that a person who has been employed in an intermittent position for more than 1,040 hours shall: A. Be eligible to accrue and use vacation and sick leave days at the same rate, pro rata, as full-time state employees; [PL 1985, c. 785, Pt. B, §38 (NEW).] B. Be eligible to receive holiday pay at the same rate, pro rata, at the same rate as full-time state employees, provided that the intermittent employee works on the days before and after the holiday; [PL 1985, c. 785, Pt. B, §38 (NEW).] C. Be eligible to receive an increase in salary to the next step on the same basis as full-time employees, that is, after completing 2,080 hours of work; [PL 1985, c. 785, Pt. B, §38 (NEW).] D. Be considered a classified employee for the purposes of: (1) Eligible registers; (2) Classification of positions; (3) The compensation plan; (4) Promotion in the classified service; (5) Provisional, emergency, exceptional and temporary appointments; (6) Probationary period; (7) Transfer; (8) Reinstatement; (9) Demotion; (10) Suspension, layoff and dismissal; (11) Leave of absence and resignation; (12) Personnel records; (13) In-service training; (14) Service ratings; and (15) Certification of payrolls; [PL 1985, c. 785, Pt. B, §38 (NEW).] E. Be eligible to participate on a pro rata basis in the retirement program for state employees; and [PL 1985, c. 785, Pt. B, §38 (NEW).] F. Be eligible to participate in health and hospitalization insurance programs at rates of participation reduced to reflect the less than full-time status; and [PL 1985, c. 785, Pt. B, §38 (NEW).] [PL 1985, c. 785, Pt. B, §38 (NEW).]

3. Restricted application. This section shall not apply if provided pursuant to Title 26, chapter 9‑B . [PL 1985, c. 785, Pt. B, §38 (NEW).]
5 M.R.S. § 17807 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17807
5 §17807. Persons retired under earlier law
Status: in_force

1. Benefits continued. All benefits payable to former employees retired under the Public Laws of 1933, chapter 1, sections 227 to 233, as they existed immediately before July 1, 1942, shall be continued and paid in the future from the Retirement Allowance Fund at the full amounts stipulated under those sections before July 1, 1942. [PL 1985, c. 801, §§ 5, 7 (NEW).]

2. Additional amounts. Any additional funds required to continue the benefits under subsection 1 shall be provided by an increase in the accrued liability contribution payable to the Retirement Allowance Fund. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 18353 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18353
5 §18353. Service credit for back contributions
Status: in_force

Upon complete payment of the back contributions under section 18305‑B , the member must be granted service credit for the period of time for which the contributions have been made. Upon making partial payment of the back contributions under section 18305‑B , the member must be granted service credit on a pro rata basis in accordance with rules adopted by the board. [PL 2009, c. 474, §42 (AMD).]

1. Entitlement to service credit. [PL 1989, c. 95, §11 (RP).]

2. Retirement benefit effective before completion of payment. [PL 1989, c. 95, §11 (RP).]
5 M.R.S. § 20004-A — ME Code / Title 5 / Part 25 / Chapter 521 / Section 20004-A
5 §20004-A. Departments and agencies responsible for cooperation in implementation
Status: in_force

All departments and agencies in State Government are required to cooperate with the department in its implementation and administration of this chapter. [PL 2011, c. 657, Pt. AA, §15 (AMD).]
5 M.R.S. § 241 — ME Code / Title 5 / Part 1 / Chapter 11 / Section 241
5 §241. State Auditor
Status: in_force

The State Auditor is the chief administrator of the Office of the State Auditor. The State Auditor must be elected by the Legislature by a joint ballot of the Senators and Representatives in convention and holds office for a term of 4 years or until a successor is elected and qualified. The State Auditor shall exercise such powers and perform such duties as are set forth in this chapter. In the event the office of State Auditor becomes vacant because of death, resignation, removal or other cause, the deputy auditor shall perform the administrative and statutory duties of the State Auditor until the appointment of a person to fill such vacancy. The appointment of a person to fill such vacancy must be made immediately by the President of the Senate or, if that office is vacant, by the Speaker of the House, and the person appointed holds that office until the Legislature meets in regular or special session and either confirms the appointment of the person or chooses another person to fill the office during the unexpired term. [PL 2025, c. 287, §1 (AMD).]

A person elected to the office of State Auditor must hold certification related to accounting, auditing or financial analysis or hold a degree in business for finance from an accredited postsecondary educational institution. If a person elected to the office of State Auditor fails to become so qualified within 2 years of being sworn into office, that person is ineligible for reelection as State Auditor. [PL 2025, c. 287, §1 (AMD).]
5 M.R.S. § 19133 — ME Code / Title 5 / Part 22 / Chapter 439 / Section 19133
5 §19133. Program implementation and oversight
Status: in_force

The cabinet shall initiate, implement and oversee programs, policies and services consistent with the purposes of this chapter. [PL 2019, c. 450, §8 (AMD).]

1. Communities for Children. [PL 2019, c. 450, §8 (RP).]

2. Effectiveness indicators. [PL 2019, c. 450, §8 (RP).]

3. Safe homes. [PL 2019, c. 450, §8 (RP).]

4. Civil and caring school environments. [PL 2019, c. 450, §8 (RP).]

5. Supportive communities. [PL 2019, c. 450, §8 (RP).]

6. Reducing suicide. [PL 2019, c. 450, §8 (RP).]

7. Access to information and referral. [PL 2019, c. 450, §8 (RP).]

8. Service coordination. [PL 2019, c. 450, §8 (RP).]

9. Ensuring services. [PL 2019, c. 450, §8 (RP).]

10. Local case review and resolution; pooled funds. [PL 2019, c. 450, §8 (RP).]
5 M.R.S. § 212 — ME Code / Title 5 / Part 1 / Chapter 10 / Section 212
5 §212. Penalties
Status: in_force

A person upon whom a notice is served pursuant to section 211 shall comply with the terms thereof unless otherwise provided by the order of a court of this State. Any person who fails to appear, or with intent to avoid, evade or prevent compliance, in whole or in part, with any civil investigation under this section, removes from any place, conceals, withholds or destroys, mutilates, alters or by any other means falsifies any documentary material in the possession, custody or control of any person subject of any such notice, or knowingly conceals any relevant information, shall be subject to a civil penalty of not more than $5,000 payable to the State to be recovered in a civil action. [PL 1977, c. 696, §35 (AMD).]

Whenever a person fails to comply with any notice served upon that person under section 211, or whenever satisfactory copying or reproduction of any such material cannot be done and the person refuses to surrender the material, the Attorney General may file, in the Superior Court of the county in which the person resides or has that person's principal place of business or of Kennebec County, if the person is a nonresident or does not have a principal place of business in this State, and serve upon the person or in the same manner as provided in section 211 a petition for an order of the court for the enforcement of this section. Any disobedience of any final order entered under this section by any court must be punished as a contempt thereof. [RR 2023, c. 2, Pt. B, §37 (COR).]
5 M.R.S. § 12014 — ME Code / Title 5 / Part 18 / Chapter 379 / Section 12014
5 §12014. Powers and duties
Status: in_force

1. Duties. Each board shall have the following duties: A. Keep minutes of all meetings and record all actions; [PL 1983, c. 814 (NEW).] B. Limit all activities of the board to the confines of its authorization; and [PL 1983, c. 814 (NEW).] C. Observe that a majority of the members of the board shall constitute a quorum unless otherwise specified. [PL 1983, c. 814 (NEW).] [PL 1983, c. 814 (NEW).]
5 M.R.S. § 18452 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18452
5 §18452. Computation of benefit
Status: in_force

1. Member in service. The total amount of the service retirement benefit for members qualified under section 18451, subsection 1 equals: A. One-fiftieth of the member's average final compensation multiplied by the number of years of membership service; and [RR 2023, c. 2, Pt. B, §146 (COR).] B. If the member has prior service, 1/50 of the member's average final compensation multiplied by the number of years of prior service, except that the number of years of prior service used in this computation may not exceed 25 years unless the participating local district has made the election provided under section 18352, subsection 2. [RR 2023, c. 2, Pt. B, §146 (COR).] [RR 2023, c. 2, Pt. B, §146 (COR).]

2. Member not in service. The amount of the service retirement benefit for members qualified under section 18451, subsection 2 , shall be computed in accordance with subsection 1 . [PL 1985, c. 801, §§5, 7 (NEW).]

3. Member with creditable service of 25 years or more. The amount of the service retirement benefit for members qualified under section 18451, subsection 3 is computed in accordance with subsection 1 , except that: A. The amount arrived at under subsection 1 is reduced by applying to that amount the percentage that a life annuity due at 60 years of age bears to the life annuity due at the age of retirement. [PL 2013, c. 391, §11 (AMD).] B. For the purpose of making the computation under paragraph A , the board-approved tables of annuities in effect at the date of the member's retirement is used. [PL 2013, c. 391, §11 (AMD).] The amount of the service retirement benefit for members qualified under section 18451‑A is computed in accordance with subsection 1 , except that any benefit reduction for retiring prior to 60 years of age for members qualified under section 18451‑A, subsection 1 or prior to 65 years of age for members qualified under section 18451 -A, subsection 2 must be contained in the plan provisions adopted by rule pursuant to section 18801 that provide for the payment of the full actuarial cost of retiring prior to 60 years of age or 65 years of age as applicable. [PL 2017, c. 392, §8 (AMD).]
5 M.R.S. § 3206 — ME Code / Title 5 / Part 8 / Chapter 310-B / Section 3206
5 §3206. Contracts; agreements
Status: in_force

The office may employ expert and professional consultants, contract for services as the director determines necessary within the limits of the funds provided and consistent with the powers and duties of the office and enter into agreements with the Federal Government and other agencies and organizations that promote the objectives of this chapter. [PL 2023, c. 643, Pt. DD, §2 (NEW).]
5 M.R.S. § 13038 — ME Code / Title 5 / Part 18-A / Chapter 381 / Section 13038
5 §13038. Contracts with subcenters
Status: in_force

The administrative unit shall contract with each small business development center designated by the administrative unit within 90 days following the completion of the administrative unit contract with the commission. In completing and approving the annual contract for each small business development center, the administrative unit must involve all center directors. [PL 1989, c. 875, Pt. L, §§2, 4 (NEW).]
5 M.R.S. § 1815 — ME Code / Title 5 / Part 4 / Chapter 155 / Section 1815
5 §1815. Requisitions required
Status: in_force

Except as otherwise provided in chapters 141 to 154 and this chapter and the rules and regulations adopted under those chapters and this chapter, services, supplies, materials and equipment may be purchased by or furnished to the State or any department or agency thereof only upon requisition to the Chief Procurement Officer. The Chief Procurement Officer, or the officer's authorized representative, shall examine each requisition submitted to the officer by any department or agency of the State and may revise it as to quantity, quality or estimated cost after consultation with the department or agency concerned. [PL 2023, c. 516, Pt. B, §11 (AMD).]
5 M.R.S. § 8004 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 8004
5 §8004. Matters pending not affected
Status: in_force

The Maine Administrative Procedure Act shall not apply to: [PL 1977, c. 694, §34 (NEW).]

1. Adjudicatory proceedings. Adjudicatory proceedings commenced by filing of an application, request for a hearing, agency notice of a hearing or otherwise in accordance with preexisting law, prior to July 1, 1978; [PL 1977, c. 694, §34 (NEW).]

2. Licensing proceedings. Licensing proceedings commenced by filing an application for a license, or renewal or reissuance thereof, or by notice of agency proceedings affecting an existing license, prior to July 1, 1978; or [PL 1977, c. 694, §34 (NEW).]

3. Judicial review. Judicial review of any of the foregoing. [PL 1977, c. 694, §34 (NEW).]

4. Collective bargaining. State personnel rules negotiated as part of any collective bargaining agreement. [PL 1977, c. 694, §34 (NEW).]
5 M.R.S. § 18603 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18603
5 §18603. Computation of benefit
Status: in_force

1. Surviving spouse; no dependent children. If the qualifying member is survived by a spouse and no dependent child, the surviving spouse shall be paid 2/3 of the average final compensation of the qualifying member. [PL 1985, c. 801, §§ 5, 7 (NEW).]

2. Surviving spouse having care of dependent children. If the qualifying member is survived by a spouse who has the care of the dependent child or dependent children of the qualifying member, the surviving spouse shall be paid an annual sum equal to the average final compensation of the qualifying member. [PL 1985, c. 801, §§ 5, 7 (NEW).]

3. Surviving spouse not having care of dependent children. If the qualifying member is survived by a spouse who does not have the care of the dependent child or dependent children of the qualifying member, the surviving spouse shall share with the dependent child or dependent children an annual sum equal to the average final compensation of the qualifying member, the benefit to be divided equally among the surviving spouse and the dependent child or dependent children. [PL 1985, c. 801, §§ 5, 7 (NEW).]

4. No surviving spouse. If no spouse survives the qualifying member, the dependent child or dependent children shall be paid an annual sum equal to the average final compensation of the qualifying member. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 13057 — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13057
5 §13057. Commissioner; appointment
Status: in_force

The commissioner shall be appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over economic development matters and legislation and to confirmation by the Legislature. The commissioner shall serve at the pleasure of the Governor. [PL 1987, c. 534, Pt. A, §§ 17, 19 (NEW).]

1. Qualifications. The commissioner shall be a person with background, experience and interest in the areas of community and economic development. [PL 1987, c. 534, Pt. A, §§ 17, 19 (NEW).]
5 M.R.S. § 18-A — ME Code / Title 5 / Part 1 / Chapter 1 / Section 18-A
5 §18-A. Conflict of interest; contract with the State
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "State entity" means any office, department, agency, authority, commission, board, institution, hospital or other instrumentality of the State. [PL 2001, c. 203, §2 (NEW).] B. "Executive employee" has the same meaning as set forth in section 19, subsection 1, paragraph D except that "executive employee" includes employees of and members serving with the National Guard and employees of the University of Maine System, the Maine Maritime Academy and the state community colleges. [PL 2001, c. 203, §2 (NEW); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).] [PL 2001, c. 203, §2 (NEW); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]

2. Prohibition. An executive employee may not have any direct or indirect pecuniary interest in or receive or be eligible to receive, directly or indirectly, any benefit that may arise from any contract made on behalf of the State when the state entity that employs the executive employee is a party to the contract. [PL 2001, c. 203, §2 (NEW).]

3. Violative contract void. Any contract made in violation of this section is void. [PL 2001, c. 203, §2 (NEW).]

4. Exemptions. This section does not apply: A. To purchases by the Governor under authority of Title 1, section 814 ; [PL 2001, c. 203, §2 (NEW).] B. To contracts made with a corporation that has issued shares to the public for the general benefit of that corporation; [PL 2021, c. 332, §2 (AMD).] C. If an exemption is approved by the Director of the Bureau of General Services within the Department of Administrative and Financial Services or the director's designee based upon one of the following and if the director gives notice of the granting of this exemption to all parties bidding on the contract in question with a statement of the reason for the exemption and if an opportunity is provided for any party to appeal the granting of the exemption: (1) When the private entity or party that proposes to contract with the State and that employs the executive employee, based upon all relevant facts, is the only reasonably available source to provide the service or product to the State, as determined by the director; or (2) When the director determines that the amount of compensation to be paid to the private entity or party providing the service or product to the State is de minimis; or [PL 2021, c. 332, §2 (AMD).] D. To a contract by an employee organization to provide agency services under section 1816‑B . [PL 2021, c. 332, §2 (NEW).] [PL 2021, c. 332, §2 (AMD).]
5 M.R.S. § 17701-B — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17701-B
5 §17701-B. Member contributions on and after July 1, 1993
Status: in_force

Notwithstanding sections 17701 and 17701‑A , on and after July 1, 1993 all members shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made at a rate of 7.65% of earnable compensation except as otherwise provided in this Part. [PL 2007, c. 491, §104 (AMD).]
5 M.R.S. § 1710-I — ME Code / Title 5 / Part 4 / Chapter 151-B / Section 1710-I
5 §1710-I. Staffing
Status: in_force

The committee may receive staff assistance from the Department of Administrative and Financial Services and, at the discretion of the Legislature, the Office of Fiscal and Program Review. The committee may also utilize other professionals having revenue forecasting, economic and fiscal expertise. [PL 2021, c. 293, Pt. A, §4 (NEW).]
5 M.R.S. § 10002 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 10002
5 §10002. Expiration
Status: in_force

Except as otherwise provided in this subchapter, when a licensee has made timely and sufficient application for renewal of a license, the existing license shall not expire until the application has been finally determined by the agency. [PL 1977, c. 551, §3 (NEW).]
5 M.R.S. § 149 — ME Code / Title 5 / Part 1 / Chapter 7 / Section 149
5 §149. Signature of outgoing Treasurer of State valid
Status: in_force

The facsimile signature of the Treasurer of State who is leaving office is valid until new signature plates for the signing of checks have been obtained for the Treasurer of State's successor. [RR 2023, c. 2, Pt. B, §25 (COR).]
5 M.R.S. § 17755 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17755
5 §17755. Disability retirement service credit
Status: in_force

A beneficiary shall receive service credit for the purpose of determining benefits under this Part for the period following termination of service for which the beneficiary receives disability retirement benefits under subchapter V, articles 3 and 3‑A . [PL 1989, c. 409, §§6, 12 (AMD).]
5 M.R.S. § 3103 — ME Code / Title 5 / Part 8 / Chapter 310 / Section 3103
5 §3103. Director
Status: in_force

The Director of the Office of Policy Innovation and the Future is appointed by the Governor and serves at the pleasure of the Governor. [PL 2021, c. 293, Pt. A, §10 (NEW).]
5 M.R.S. § 18252-B — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18252-B
5 §18252-B. Requirements for plan provided by district employer for employees to whom section 18252-A applies
Status: in_force

The plan provided by the participating local district employer for employees to whom section 18252‑A applies must meet the following requirements. [PL 1997, c. 709, §4 (NEW).]

1. Internal Revenue Code. The plan must meet the requirements of United States Internal Revenue Code, Section 401(a) for defined contribution plans or United States Internal Revenue Code, Section 457 for deferred compensation plans, or both. [PL 1997, c. 709, §4 (NEW).]

2. Employer contribution. The employer must contribute as a percentage of compensation on behalf of each employee in each pay period an amount not less than the amount the employer would be required to pay if the employee were covered under the United States Social Security Act, not including the Medicare portion of the payment, consistent with applicable contribution limits of federal law. [RR 2015, c. 2, §5 (COR).]

3. Employee contribution. The employee must contribute as a percentage of compensation in each pay period an amount not less than the employee would have been required to contribute as of the employee's date of hire had the employee been a member under the Participating Local District Retirement Program under the so-called "Regular Plan A" of the consolidated plan for participating local districts, consistent with applicable contribution limits of federal law. [PL 2021, c. 548, §35 (AMD).]

4. Education. The employer must provide for employees to whom section 18252‑A applies an education program that meets the requirements of federal law for such programs for the plan that the employer provides. [PL 1997, c. 709, §4 (NEW).]

5. Disability benefits. For employees who become covered under the plan, the employer must provide a disability benefit program, the cost of which must be paid by the employer. At a minimum, that program must establish eligibility criteria, provide coverage for physical and mental disabilities and provide a level of benefits at least equal to 60% of the employee's annual compensation. [PL 1997, c. 709, §4 (NEW).]

6. Change or termination of plan. Except with respect to current employees covered under the plan and with respect to persons receiving benefits under the plan, the employer may change or terminate the plan at any time, to the extent that change or termination is not prohibited by other law. The employer may allow current employees covered under the plan the choice to instead be covered under the changed plan. A. Section 18252‑A, subsection 1, paragraph A applies to an employee hired or rehired by the employer after the employer changes the plan. [PL 1997, c. 709, §4 (NEW).] B. If, after plan termination, the employer no longer provides a plan under this section, an employee hired or rehired after termination of the plan must be a member under the Participating Local District Retirement Program. [PL 2007, c. 491, §197 (AMD).] C. [PL 2009, c. 474, §34 (RP).] [PL 2009, c. 474, §34 (AMD).]
5 M.R.S. § 9059 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 9059
5 §9059. Record
Status: in_force

1. Record. In an adjudicatory proceeding, the agency shall make a record consisting of: A. All applications, pleadings, motions, preliminary and interlocutory rulings and orders; [PL 1977, c. 551, §3 (NEW).] B. Evidence received or considered; [PL 1977, c. 551, §3 (NEW).] C. A statement of facts officially noticed; [PL 1977, c. 551, §3 (NEW).] D. Offers of proof, objections and rulings thereon; [PL 1977, c. 551, §3 (NEW).] E. Proposed findings and exceptions, if any; [PL 1977, c. 551, §3 (NEW).] F. The recommended decision, opinion or report, if any, by the presiding officer; [PL 1977, c. 551, §3 (NEW).] G. The decision of the agency; and [PL 1977, c. 551, §3 (NEW).] H. All staff memoranda submitted to the members of the agency or other presiding officers by agency staff in connection with their consideration of the case, except memoranda of counsel to the agency. [PL 1977, c. 551, §3 (NEW).] [PL 1977, c. 551, §3 (NEW).]

2. Hearings recorded. The agency shall record all hearings in a form susceptible to transcription. Portions of the record as required and specified in subsection 1 may be included in the recording. The agency shall transcribe the recording when necessary for the prosecution of an appeal. [PL 1977, c. 551, §3 (NEW).]

3. Record; copies. The agency shall make a copy of the record, including recordings made pursuant to subsection 2 , available at its principal place of operation, for inspection by any person during normal business hours; and shall make copies of the record, copies of recordings or transcriptions of recordings available to any person at actual cost. Notwithstanding the provisions of this subsection, the agency shall withhold, obliterate or otherwise prevent the dissemination of any portions of the record which are made confidential by state or federal statute, but shall do so in the least restrictive manner feasible. [PL 1977, c. 551, §3 (NEW).]

4. Decision on the record. All material, including records, reports and documents in the possession of the agency, of which it desires to avail itself as evidence in making a decision, shall be offered and made a part of the record and no other factual information or evidence shall be considered in rendering a decision. [PL 1977, c. 551, §3 (NEW).]

5. Documentary evidence. Documentary evidence may be incorporated in the record by reference when the materials so incorporated are made available for examination by the parties before being received in evidence. [PL 1977, c. 551, §3 (NEW).]
5 M.R.S. § 18352 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18352
5 §18352. Service credit for prior service
Status: in_force

1. Determination. Service credit for prior service may be allowed in accordance with section 18358 . [PL 1985, c. 801, §§ 5, 7 (NEW).]

2. Election by district. A participating local district may elect to include for all employees of the district service credit for prior service in excess of 25 years. [PL 1985, c. 801, §§ 5, 7 (NEW).]

3. Verification of prior service. Upon verification of the length of service rendered before the applicable date of establishment of the retirement system for a particular member, the board shall grant service credit for that service. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 13036 — ME Code / Title 5 / Part 18-A / Chapter 381 / Section 13036
5 §13036. Contract with administrative unit
Status: in_force

The commission shall contract with the administrative unit to provide services as described in this chapter. [PL 1989, c. 875, Pt. L, §§2, 4 (NEW).]

1. Contract provisions. The contract must contain the policies and procedures for the implementation and oversight of the Small Business Development Center Program. The contract must include, but is not limited to: A. The percentage of state funds to be allocated to the small business development center subcenters; [PL 1989, c. 875, Pt. L, §§2, 4 (NEW).] B. The percentage of state funds to be allocated for administrative purposes; [PL 1989, c. 875, Pt. L, §§2, 4 (NEW).] C. The percentage of state funds to be allocated for statewide services; [PL 1989, c. 875, Pt. L, §§2, 4 (NEW).] D. The percentage of state funds to be allocated for small business research; [PL 1989, c. 875, Pt. L, §§2, 4 (NEW).] E. Evaluation and reporting requirements for the subcenters and the administrative unit; and [PL 1989, c. 875, Pt. L, §§2, 4 (NEW).] F. Any other provisions necessary for the implementation of this chapter. [PL 1989, c. 875, Pt. L, §§2, 4 (NEW).] [PL 1989, c. 875, Pt. L, §§2, 4 (NEW).]

2. Annual plan. The commission shall require the administrative unit to develop an annual plan. This plan must include, but is not limited to: A. The types of services to be provided by the Small Business Development Center Program; [PL 1989, c. 875, Pt. L, §§2, 4 (NEW).] B. The means by which services will be delivered; [PL 1989, c. 875, Pt. L, §§2, 4 (NEW).] C. Special services to be provided and the reasons these services are needed; [PL 1989, c. 875, Pt. L, §§2, 4 (NEW).] D. The location and identity of the organizations providing the regional services; and [PL 1989, c. 875, Pt. L, §§2, 4 (NEW).] E. Any other information considered by the commission to be necessary and pertinent to the mission of the program. [PL 1989, c. 875, Pt. L, §§2, 4 (NEW).] [PL 1989, c. 875, Pt. L, §§2, 4 (NEW).]

3. Evaluation and reporting requirements. The commission shall establish evaluation and reporting requirements for the subcenter and the administrative unit. These requirements, at a minimum, must include: A. The types, numbers and profiles of businesses served statewide and by each subcenter; [PL 1989, c. 875, Pt. L, §§2, 4 (NEW).] B. The types and numbers of training programs offered through statewide services and by each subcenter; [PL 1989, c. 875, Pt. L, §§2, 4 (NEW).] C. An evaluation of the programs and services including the criteria by which the evaluations are made; and [PL 1989, c. 875, Pt. L, §§2, 4 (NEW).] D. Any other requirements the commission considers necessary to effectively evaluate the Small Business Development Center Program. [PL 1989, c. 875, Pt. L, §§2, 4 (NEW).] [PL 1989, c. 875, Pt. L, §§2, 4 (NEW).]
5 M.R.S. § 17809 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17809
5 §17809. Incorrect records
Status: in_force

If any error in any record of the retirement system results in a member or beneficiary receiving more or less from the system than the member or beneficiary would have been entitled to receive had the record been correct, payments must, as far as practicable, be adjusted so that the actuarial equivalent of the benefit to which the member or beneficiary was correctly entitled is paid. [RR 2023, c. 2, Pt. B, §114 (COR).]
5 M.R.S. § 7063 — ME Code / Title 5 / Part 17-A / Chapter 372 / Section 7063
5 §7063. Examinations
Status: in_force

Any examinations for positions in the classified service shall relate to those matters which will fairly test the capacity and fitness of the persons examined to discharge the duties of the office or employment for which they apply. For the purpose of sections 7062 and 7063 , "competitive test" means any written examination, evaluation of training and experience, service rating, oral board or other device used to measure an applicant's knowledge, skills and abilities or to provide a relative ranking for certification purposes. [PL 1985, c. 785, Pt. B, §38 (NEW).]

The officer shall determine the character, type and content of examination for admission to the classified service; the time and place for holding examinations; the form of application blanks for admission to the examination to be filed by applicants; the minimum requirements for admission to the examination; and the value of each phase of the tests used in determining the average rating of the applicant. The officer may adjust initial test results only to eliminate questions that are proven not relevant to the purposes of the test or that have a bias that is prohibited by state or federal law. Once a minimum final earned rating is established for a particular test, it may not be changed. [RR 2023, c. 1, Pt. B, §31 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]

Public notice of every examination or test must be given in the manner prescribed by rules drawn up by the officer. [RR 2023, c. 1, Pt. B, §32 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]

1. Examination content. In developing examinations for classifications, the examinations shall be constructed to test the most current knowledge, skills and use of equipment required in each classification. [PL 1985, c. 785, Pt. B, §38 (NEW).]

2. Administration of tests. The officer may establish policies and procedures to allow departments and agencies of State Government to administer the tests and to interview persons taking the tests. [RR 2023, c. 1, Pt. B, §33 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]

3. Applicant and examination results. Any applicant, upon the applicant's request, shall be provided with the applicant's strengths, weaknesses and areas in need of improvement as determined from a test score or interview. [PL 1985, c. 785, Pt. B, §38 (NEW).]

4. Objectives of testing. In addition to determining the merit of applicants for positions in the classified service on a fair and just basis, it shall also be an objective to administer tests as often as possible to establish registers of eligible persons with sufficient numbers of names of persons who are currently interested in employment in each classification and thereby reduce to a minimum the length of time to fill positions. [PL 1985, c. 785, Pt. B, §38 (NEW).]

5. Educational requirements; experience. No application for a position in State Government may be rejected solely because the applicant lacks educational qualifications. Acceptable equivalent combinations of appropriate experience, including verifiable uncompensated experience, or education may be substituted for formal educational qualifications, except where the educational qualifications are reflected in necessary registrations, such as to practice law, medicine or engineering or where the educational requirements are set as standards by federal agencies making grants-in-aid or otherwise contributing to state programs. [PL 1985, c. 785, Pt. B, §38 (NEW).]
5 M.R.S. § 4582-A — ME Code / Title 5 / Part 12 / Chapter 337 / Section 4582-A
5 §4582-A. Unlawful housing discrimination on the basis of disability
Status: in_force

It is unlawful housing discrimination, in violation of this Act: [PL 1989, c. 779 (NEW).]

1. Modifications. For any owner, lessor, sublessor, managing agent or other person having the right to sell, rent, lease or manage a housing accommodation or any of their agents to refuse to permit, at the expense of a person with physical or mental disability, reasonable modifications of existing premises occupied or to be occupied by that person if the modifications may be necessary to give that person full enjoyment of the premises, except that, with a rental, the landlord, when it is reasonable to do so, may condition permission for a modification on the renter's agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted; [PL 2011, c. 613, §13 (AMD); PL 2011, c. 613, §29 (AFF).]

2. Accommodations. For any owner, lessor, sublessor, managing agent or other person having the right to sell, rent, lease or manage a housing accommodation or any of their agents to refuse to make reasonable accommodations in rules, policies, practices or services when those accommodations are necessary to give a person with physical or mental disability equal opportunity to use and enjoy the housing; or [PL 2011, c. 613, §13 (AMD); PL 2011, c. 613, §29 (AFF).]

3. Assistance animals. For any owner, lessor, sublessor, managing agent or other person having the right to sell, rent, lease or manage a housing accommodation or any of their agents to refuse to permit the use of an assistance animal or otherwise discriminate against an individual with a physical or mental disability who uses an assistance animal at the housing accommodation unless it is shown by defense that the assistance animal poses a direct threat to the health or safety of others or the use of the assistance animal would result in substantial physical damage to the property of others or would substantially interfere with the reasonable enjoyment of the housing accommodation by others. The use of an assistance animal may not be conditioned on the payment of a fee or security deposit, although the individual with a physical or mental disability is liable for any damage done to the premises or facilities by such an assistance animal. [PL 2015, c. 457, §3 (AMD).]
5 M.R.S. § 20022 — ME Code / Title 5 / Part 25 / Chapter 521 / Section 20022
5 §20022. Information dissemination
Status: in_force

As part of its comprehensive prevention and treatment program, the department shall operate an information clearinghouse and oversee, support and coordinate a resource center within the Department of Education. The information clearinghouse and resource center constitute a comprehensive reference center of information related to the nature, prevention and treatment of substance use disorder. In fulfillment of the requirement of this section, the resource center may be located within the Department of Education and may operate there pursuant to a memorandum of agreement between the departments. Information must be available for use by the general public, political subdivisions, public and private nonprofit agencies and the State. [PL 2017, c. 407, Pt. A, §34 (AMD).]

Functions of the information clearinghouse and resource center may include, but are not limited to: [PL 1991, c. 601, §15 (AMD).]

1. Research. Conducting research on the causes and nature of drugs, substance use or people who are dependent on drugs or alcohol; [PL 2017, c. 407, Pt. A, §34 (AMD).]

2. Information collection. Collecting, maintaining and disseminating knowledge, data and statistics related to drugs, substance use and substance use disorder prevention; [PL 2017, c. 407, Pt. A, §34 (AMD).]

3. Educational materials. Preparing, publishing and disseminating educational materials; and [PL 1989, c. 934, Pt. A, §3 (NEW).]

4. Treatment facilities. Maintaining an inventory of the types and quantity of substance use prevention facilities, programs and services available or provided under public or private auspices to persons with substance use disorder and drug users. This function includes the unduplicated count, locations and characteristics of persons receiving treatment, as well as the frequency of admission and readmission and the frequency and duration of treatment of those persons. The inventory must include the amount, type and source of resources for substance use disorder prevention. [PL 2017, c. 407, Pt. A, §34 (AMD).]
5 M.R.S. § 2021 — ME Code / Title 5 / Part 4 / Chapter 164 / Section 2021
5 §2021. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2023, c. 681, §1 (NEW).]

1. Chief Information Officer. "Chief Information Officer" has the same meaning as in section 1972, subsection 2 . [PL 2023, c. 681, §1 (NEW).]

2. Foreign adversary. "Foreign adversary" means a foreign government or foreign nongovernment person whom the United States Secretary of Commerce has determined, pursuant to 15 Code of Federal Regulations, Section 7.4 (2024), has engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or the security and safety of United States persons. [PL 2023, c. 681, §1 (NEW).]

3. Foreign adversary business entity. "Foreign adversary business entity" means any type of organization, entity or enterprise engaged in commerce, whether operated for profit, that is organized under the laws or rules of a foreign adversary, directly or indirectly owned or controlled by a foreign adversary or domiciled within the geographic borders of a foreign adversary. [PL 2023, c. 681, §1 (NEW).]

4. Local governmental entity. "Local governmental entity" means any local government, political subdivision or school district and any other public or private agency, person, partnership, corporation or business entity acting on behalf of any local governmental entity. [PL 2023, c. 681, §1 (NEW).]

5. State agency. "State agency" means the State, or any department, agency, board, commission or other body of State Government, including publicly funded institutions of higher education. [PL 2023, c. 681, §1 (NEW).]
5 M.R.S. § 1828 — ME Code / Title 5 / Part 4 / Chapter 155-A / Section 1828
5 §1828. Sales of surplus property to educational institutions, qualifying nonprofit organizations, fire departments and state employees
Status: in_force

1. Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Educational institution" means: (1) Any public elementary or secondary school; (2) Any elementary or secondary private school approved for tuition whose school enrollment is at least 60% publicly funded students as determined by the previous school year's October to April average enrollment; (3) Any nonpublic postsecondary school; or (4) Any applied technology region. [PL 2005, c. 386, Pt. H, §10 (NEW).] B. "Qualifying nonprofit organization" means: (1) A public or private nonprofit entity that owns or operates a project or facility for the homeless; or (5) A nonprofit organization that has been determined to be exempt from taxation under the United States Internal Revenue Code of 1986, Section 501(c). [PL 2017, c. 310, §1 (AMD).] C. "Fire department" means a department required to report to the State Fire Marshal pursuant to Title 25, section 2395 . [PL 2005, c. 386, Pt. H, §10 (NEW).] D. "State employee" means an employee in the unclassified or classified service under chapters 71 and 372 . [PL 2021, c. 499, §2 (NEW).] [PL 2021, c. 499, §2 (AMD).]

2. Surplus property. Pursuant to this chapter and rules adopted under section 1813 , the Department of Administrative and Financial Services through the Bureau of General Services shall allow private sales of surplus property to: A. [PL 2017, c. 310, §2 (RP).] B. Homeless shelter sponsors; [PL 2011, c. 9, §2 (AMD).] C. Educational institutions; and [PL 2011, c. 9, §2 (AMD).] D. [PL 2017, c. 310, §2 (RP).] E. Nonprofit organizations that have been determined to be exempt from taxation under the United States Internal Revenue Code of 1986, Section 501(c). [PL 2017, c. 310, §2 (NEW).] [PL 2017, c. 310, §2 (AMD).]

3. Computers to fire departments. Notwithstanding any requirement of this chapter or rules adopted pursuant to this chapter, a fire department may purchase one personal computer from the Department of Administrative and Financial Services, Bureau of General Services to be used for reporting to the State Fire Marshal as required under Title 25, section 2395 . The Bureau of General Services may charge a fire department only reasonable administrative and handling costs of no more than $35 for the purchase of a personal computer under this subsection. [PL 2005, c. 386, Pt. H, §10 (NEW).]

4. Office equipment to state employees. Notwithstanding any requirement of this chapter or rules adopted pursuant to this chapter, the Department of Administrative and Financial Services, Bureau of General Services shall allow private sales of office equipment to state employees for the purpose of furnishing those employees' home offices to facilitate their working remotely from home. The Bureau of General Services shall establish the price of office equipment for private sale to state employees in the same manner and at the same price as for public sale pursuant to section 1813, subsection 6 . State employees who purchase office equipment pursuant to this subsection accept the property without warranties or guarantees, either expressed or implied. For purposes of this subsection, “office equipment” means equipment and furniture used for business or professional purposes, including but not limited to desktop and laptop computers, monitors, printers, miscellaneous computer components, desks, tables, chairs and filing cabinets. The Department of Administrative and Financial Services may further define “office equipment” in rulemaking. Rules adopted pursuant to this subsection are routine technical rules as defined in chapter 375, subchapter 2‑A . [PL 2021, c. 499, §3 (NEW).]
5 M.R.S. § 17924 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17924
5 §17924. Qualification for benefit
Status: in_force

1. Qualification. Except as provided in subsection 2 , a member qualifies for a disability retirement benefit if disabled while in service and, for a member who by election remains covered under this section as written prior to its amendment by Public Law 1991, chapter 887, section 7, before normal retirement age. A. [PL 1991, c. 887, §7 (RP).] B. [PL 1991, c. 887, §7 (RP).] [PL 1997, c. 384, §7 (AMD).]

2. Exception. A member with fewer than 5 years of creditable service preceding that member's last date in service is not eligible for a disability retirement benefit if the disability is the result of a physical or mental condition that existed before the member's membership in a retirement program of the Maine Public Employees Retirement System, unless the disability is a result of, or has been substantially aggravated by, an injury or accident received in the line of duty but from events or circumstances not usually encountered within the scope of the member's employment. [PL 2025, c. 221, §26 (AMD).]

3. Qualification of a disabled veteran. Subject to the provisions in subsections 1 and 2 , if a member applying for a disability retirement benefit is receiving disability compensation from the United States Department of Veterans Affairs for a service-connected disability based on a determination of individual unemployability pursuant to 38 Code of Federal Regulations, Section 4.16, it is presumed that the member is disabled under section 17921, subsection 1 . This presumption may be rebutted only by evidence not considered by the United States Department of Veterans Affairs in making the individual unemployability determination. Notwithstanding section 17922 , this subsection applies to any application for a disability retirement benefit made by a member on or after October 1, 2018. [PL 2017, c. 384, §1 (NEW).]
5 M.R.S. § 20075 — ME Code / Title 5 / Part 25 / Chapter 521 / Section 20075
5 §20075. Certification; recertification
Status: in_force

All providers of the evaluation, intervention and treatment components of the Driver Education and Evaluation Programs must be certified by the department pursuant to section 20005 , section 20024 , section 20073‑B and this subchapter. The certification period for individual providers and agencies is 2 years. The department shall adopt rules requiring continuing education for recertification. [PL 2011, c. 657, Pt. AA, §50 (AMD).]
5 M.R.S. § 15305 — ME Code / Title 5 / Part 19 / Chapter 407 / Section 15305
5 §15305. Limitation of powers
Status: in_force

The institute may not enter into contracts, obligations or commitments of any kind on behalf of the State or any of its agencies, nor does it have the power of eminent domain or any other power not provided to business corporations generally. Bonds, notes and other evidences of indebtedness of the institute may not in any way be a debt or liability of the State or constitute a pledge of the faith and credit of the State. The institute may not expend more than 10% of funds appropriated per biennium by the State for management and related operating costs of the institute. [PL 2013, c. 225, §1 (AMD).]
5 M.R.S. § 1825-C — ME Code / Title 5 / Part 4 / Chapter 155 / Section 1825-C
5 §1825-C. Rulemaking
Status: in_force

The Chief Procurement Officer shall adopt rules under this subchapter governing the purchase of services, the awarding of grants or contracts and the procedure by which aggrieved persons may appeal award decisions made by a department or agency of State Government. These rules must be adopted in accordance with the Maine Administrative Procedure Act and apply to all departments and agencies of State Government subject to the authority of the Department of Administrative and Financial Services as set forth in this chapter. [PL 2023, c. 516, Pt. B, §23 (AMD).]
5 M.R.S. § 948 — ME Code / Title 5 / Part 2 / Chapter 71 / Section 948
5 §948. Department of Public Safety
Status: in_force

1. Major policy-influencing positions. The following positions are major policy-influencing positions within the Department of Public Safety. Notwithstanding any other provision of law, these positions and their successor positions are subject to this chapter: A. Chief, Bureau of State Police; [PL 1983, c. 729, §4 (NEW).] B. [PL 2003, c. 20, Pt. R, §5 (RP).] C. Director, Office of State Fire Marshal; [PL 1983, c. 729, §4 (NEW).] D. Director, Maine Criminal Justice Academy; [PL 1983, c. 729, §4 (NEW).] E. Assistant to the Commissioner for Public Information; [PL 1983, c. 729, §4 (NEW).] F. [PL 2003, c. 20, Pt. R, §6 (RP).] G. Deputy Chief, Bureau of State Police; [PL 2009, c. 317, Pt. A, §1 (AMD).] H. Director, Bureau of Highway Safety; [PL 1989, c. 648, §1 (AMD).] I. Director, Maine Drug Enforcement Agency; [PL 1995, c. 560, Pt. C, §1 (AMD); PL 1995, c. 560, Pt. C, §4 (AFF).] J. [PL 2009, c. 317, Pt. A, §1 (RP).] K. Two majors, Bureau of State Police; [PL 2009, c. 317, Pt. A, §1 (AMD).] L. Director, Maine Emergency Medical Services; and [PL 2011, c. 633, §1 (AMD).] M. Director, Bureau of Consolidated Emergency Communications. [PL 2011, c. 633, §2 (AMD).] N. [PL 2011, c. 633, §3 (RP).] [PL 2011, c. 633, §§1-3 (AMD).]
5 M.R.S. § 1641 — ME Code / Title 5 / Part 4 / Chapter 148-A / Section 1641
5 §1641. Legislative findings and intent
Status: in_force

The Legislature finds that the many social service needs of the citizens of this State are varied and often complex. State Government agencies have been organized to provide the most efficient delivery system possible to meet these social service needs. The Legislature recognizes that any governmental structure requires a coordinated and cooperative effort on the part of the various state agencies to ensure that the social services programs of the State adequately meet the social services needs of the citizens and to avoid needless duplication of effort on the part of these agencies. [PL 1985, c. 96 (RPR).]

The Legislature further finds that, because of the complexity of the social service needs of the citizens and the multiplicity of funding sources available to meet those needs, it is difficult to gain a complete understanding of the overall scope of the social service system and of the specific programs within that system. Without this understanding, the legislative and executive branches of government are hindered in their efforts to provide a coordinated social services program. [PL 1985, c. 96 (NEW).]

It is the intent of this chapter to make available the necessary factual and fiscal information that will assist the Governor, the executive agencies, the Legislature, the recipients of social services, the providers of social services and the general public in reviewing and evaluating the overall scope of the social services system in this State and in participating on an informed basis in developing public policy concerning the social services needs of our citizens. [PL 1985, c. 96 (NEW).]
5 M.R.S. § 305 — ME Code / Title 5 / Part 1 / Chapter 14-A / Section 305
5 §305. Report
Status: in_force

The commission shall report biennially to the Joint Standing Committee of the Legislature which is assigned jurisdiction over the subject of State Government facts and recommendations relating to the work and needs of the commission. The report shall list the construction projects initiated, completed and proposed during the next biennium in the Capitol Area since the last report. The commission shall recommend such revisions of the plan as from time to time become necessary or desirable for the orderly development of the Capitol Area. [PL 1979, c. 598, §2 (AMD).]
5 M.R.S. § 7081 — ME Code / Title 5 / Part 17-A / Chapter 372 / Section 7081
5 §7081. Membership; term; compensation
Status: in_force

The State Civil Service Appeals Board, established by section 12004‑B, subsection 4 , shall be composed of 5 members with experience in personnel management or labor relations. No more than 3 members of the board may be of the same political party. No member may be a state employee. [PL 1989, c. 503, Pt. B, §24 (AMD).]

Each member shall be appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over State Government and to confirmation by the Legislature. [PL 1985, c. 785, Pt. B, §38 (NEW).]

One member of the appeals board must be designated by the Governor as chair. Except as otherwise provided by law, each member must be appointed for a term of 4 years and until the member's successor has been appointed and qualified. Any vacancy must be filled for the unexpired portion of the term by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over state government matters and to confirmation by the Legislature. [RR 2023, c. 2, Pt. B, §71 (COR).]

The members of the board shall be compensated as provided by chapter 379 . [PL 1985, c. 785, Pt. B, §38 (NEW).]
5 M.R.S. § 19005 — ME Code / Title 5 / Part 21 / Chapter 431 / Section 19005
5 §19005. Contribution Fund
Status: in_force

The "Contribution Fund," as established, shall consist of and there shall be deposited in the fund: All contributions, interest and penalties collected under section 19004 ; all money appropriated thereto under this chapter; any property or securities and earnings thereof acquired through the use of money belonging to the fund; interest earned upon any money in the fund; and all sums recovered upon the bond of the custodian or otherwise for losses sustained by the fund and all other money received for the fund from any other source. All money in the fund shall be mingled and undivided. Subject to this chapter, the state agency is vested with full power, authority and jurisdiction over the fund, including all money and property or securities belonging thereto. The state agency shall invest the fund pursuant to section 17153, subsection 3 and credit all interest and income earned in excess of that needed, for the purposes set forth in this section, to the expense fund of the state agency, to be used to prepare and, if approved by the Legislature, implement a portable and integrated retirement plan for participating local districts and to defray the cost of administration for those districts that participated in the social security system through the Maine Public Employees Retirement System. The state agency may perform any and all acts whether or not specifically designated, which are necessary to the administration of the Contribution Fund and are consistent with this chapter. [PL 1989, c. 77, §1 (AMD); PL 2007, c. 58, §3 (REV).]

The Contribution Fund shall be established and held separate and apart from any other funds or money of the State and shall be used and administered exclusively for the purpose of this chapter. Subject to this section, withdrawals from the fund shall be made for, and solely for, payment of amounts required to be paid to the Secretary of the Treasury pursuant to an agreement entered into under section 19003 ; and refunds of overpayments, not otherwise adjustable, made by a political subdivision or instrumentality. [PL 1989, c. 77, §1 (AMD).]

From the Contribution Fund the custodian of the fund shall pay to the Secretary of the Treasury such amounts and at such time or times as may be directed by the state agency in accordance with any agreement entered into under section 19003 and the Social Security Act. [PL 1985, c. 801, §§ 5, 7 (NEW).]

The Treasurer of State shall be ex officio treasurer and custodian of the Contribution Fund and shall administer such fund in accordance with this chapter and the directions of the state agency and shall pay all warrants drawn upon it in accordance with this section and with such regulations as the state agency may prescribe pursuant thereto. [PL 1985, c. 801, §§ 5, 7 (NEW).]

There are authorized to be appropriated biannually to the Contribution Fund, in addition to the contributions collected and paid into the Contribution Fund under section 19004 , to be available for the purposes of the 2nd and 3rd paragraphs of this section until expended, such additional sums as are found to be necessary in order to make the payments to the Secretary of the Treasury which the State is obligated to make pursuant to an agreement entered into under section 19003 . [PL 1985, c. 801, §§ 5, 7 (NEW).]

The state agency shall submit to each regular session of the Legislature, at least 90 days in advance of the beginning of each session, an estimate of the amounts authorized to be appropriated to the Contribution Fund by the preceding paragraph of this section for the next appropriation period. [PL 1985, c. 801, §§ 5, 7 (NEW).]
5 M.R.S. § 51 — ME Code / Title 5 / Part 1 / Chapter 3 / Section 51
5 §51. Interpreters; payment
Status: in_force

When personal or property interest of a person who does not speak English is the subject of a proceeding before an agency or a court, the presiding officer of the proceeding shall either appoint a qualified interpreter or utilize a professional telephone-based interpretation service. Payment by the State for an interpreter in civil matters is within the discretion of the agency or court to the extent that payment by the State is not already required by law. [PL 1993, c. 675, Pt. A, §1 (NEW).]
5 M.R.S. § 19131 — ME Code / Title 5 / Part 22 / Chapter 439 / Section 19131
5 §19131. Children's Cabinet
Status: in_force

1. Establishment. The Children's Cabinet, referred to in this chapter as the "cabinet," is established to promote and support active, vigorous and frequent interdepartmental collaboration on children and youth policy development and program implementation supporting the provision of services for Maine families, children and youth that are planned, managed and delivered in an integrated manner to support and enhance educational opportunities, self-sufficiency, safety, economic stability, health and well‑being. [PL 2019, c. 450, §4 (AMD).]

2. Membership. The cabinet consists of the following members: A. The Commissioner of Corrections; [PL 1999, c. 785, §3 (NEW).] B. The Commissioner of Education; [PL 1999, c. 785, §3 (NEW).] C. The Commissioner of Health and Human Services; [PL 2005, c. 397, Pt. A, §7 (AMD).] D. [PL 2005, c. 397, Pt. A, §8 (RP).] E. The Commissioner of Public Safety; [PL 2003, c. 576, §2 (AMD).] F. The Commissioner of Labor; and [PL 2003, c. 576, §3 (NEW).] G. At the discretion of the Governor, a member of the public, appointed by the Governor. [PL 2003, c. 576, §3 (NEW).] [PL 2005, c. 397, Pt. A, §§7, 8 (AMD).]

3. Chair. The Governor shall appoint one of the members serving pursuant to subsection 2, paragraphs A to F to serve as chair of the cabinet. The term of the chair is one year. [PL 2019, c. 450, §5 (AMD).]

4. Meetings. The cabinet shall meet at least 4 times per year. [PL 2019, c. 450, §6 (NEW).]
5 M.R.S. § 203 — ME Code / Title 5 / Part 1 / Chapter 9 / Section 203
5 §203. Appropriations
Status: in_force

1. Expenses charged to appropriation. Such sum as may be appropriated for the purposes of this chapter may be expended under the direction of the Attorney General. The Attorney General shall, at the request of any state department, make or cause to be made investigations in behalf of the department and the Attorney General shall prosecute any case to such extent as may seem advisable with all the rights, powers and privileges of district attorneys. The expense of any such investigation and of any prosecution that results from the investigation is charged to this appropriation. [PL 1991, c. 9, Pt. G, §1 (NEW).]

2. Legal services to agency with dedicated revenue. Notwithstanding any other provision of law, when the Attorney General provides legal services to any board or state agency that is financed in whole or in part by dedicated or federal revenues, the Attorney General may bill the board or agency at a reasonable rate determined by the Attorney General. An account may be established by the Attorney General for receipt of these revenues. Attorneys in the Office of the Attorney General may be paid in whole or in part from these accounts or in part from a General Fund account. After reimbursement to an account in the Office of the Attorney General is made, the remaining balance must be deposited in the General Fund. [PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 528, Pt. X, §1 (AMD); PL 1991, c. 591, Pt. X, §1 (AMD).]

3. Allocation of work. Notwithstanding any other provision of law, the Attorney General has discretion to allocate legal work among the attorneys in the Department of the Attorney General without reference to position counts contained in any appropriation. If the provisions of this section are used to seek reimbursement for legal services for which there is specific appropriation, the Attorney General shall keep time records demonstrating the amount of legal services performed for which reimbursement is sought. The Attorney General shall submit a quarterly report detailing the manner in which legal work has been allocated among attorneys in that office pursuant to this subsection to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over audit and program review. [PL 1991, c. 9, Pt. G, §1 (NEW).]
5 M.R.S. § 1753 — ME Code / Title 5 / Part 4 / Chapter 153 / Section 1753
5 §1753. Employment of owner's representative
Status: in_force

An owner's representative may be employed to facilitate the construction of a school project under Title 20‑A, chapter 609 . For purposes of this section, "owner" means the school building committee. [PL 1993, c. 606, §2 (NEW).]

1. Representative's relationship to owner. The owner's representative may be an employee of the Bureau of General Services, an employee of the owner or an independent contractor. The owner's representative's responsibility is to act as an advisor to the owner. It is the responsibility of the owner's representative to facilitate open communications among all parties, to help to avoid adversarial interactions and to promote a sense of trust and teamwork in order to accomplish the smooth execution of the project and to see that the project is completed at the lowest possible cost and highest degree of quality and workmanship that are consistent with the plans and specifications for the project. [PL 1993, c. 606, §2 (NEW).]

2. Owner's representative qualifications. The owner's representative must be hired by the owner through an open advertising and interview process and is subject to final approval by the Director of the Bureau of General Services. [PL 1993, c. 606, §2 (NEW).]

3. Representative's responsibilities. The responsibilities of the owner's representative are, without limitation, to: A. Prepare for and attend meetings with the owner or a committee representing the owner, prepare minutes of those meetings, maintain a noncommercial history of the building project, submit comments on the budget for the project and maintain project files; [PL 1993, c. 606, §2 (NEW).] B. Provide guidance to the owner in the selection of an architect or an engineer in accordance with the architect and engineering services procurement process as administered by the Bureau of General Services; [PL 1993, c. 606, §2 (NEW).] C. Attend a preplanning orientation with the owner, architect and engineer; [PL 1993, c. 606, §2 (NEW).] D. Attend and participate in meetings with the owner, architect and engineer concerning space requirements, design considerations, cost-containment strategies, energy efficiency considerations, any special requirements and also the review of schematic designs and preliminary and final plans; [PL 1993, c. 606, §2 (NEW).] E. Assist the owner in securing the necessary governmental permits or approvals; [PL 1993, c. 606, §2 (NEW).] F. Assist the owner in reviewing bid responses; [PL 1993, c. 606, §2 (NEW).] G. Assist the owner in contract negotiations; and [PL 1993, c. 606, §2 (NEW).] H. Meet with the owner regularly to review and discuss project progress. [PL 1993, c. 606, §2 (NEW).] The owner may expand or reduce the scope of the owner's representative's responsibilities through a contract, so long as that contract conforms to the overall relationship established in subsection 1 . [PL 1993, c. 606, §2 (NEW).]

4. Owner's representative an allowable cost. For purposes of this section, the owner's representative is a subsidizable cost eligible for subsidy in accordance with Title 20‑A, sections 15672 and 15901 only if the local unit pays 50% of the costs of the employment of an owner's representative. [PL 2005, c. 683, Pt. B, §1 (AMD).]

5. Report required. A school unit employing an owner's representative under this section shall provide a report to the Bureau of General Services describing the effectiveness of an owner's representative to a project. The Bureau of General Services shall provide the joint standing committee of the Legislature having jurisdiction over state and local government matters with an annual report on the employment of an owner's representative, including the written comments from each school unit that has chosen to employ an owner's representative under this section. [PL 1997, c. 186, §1 (AMD).]

6. Sunset. [PL 1997, c. 186, §2 (RP).]
5 M.R.S. § 7-B — ME Code / Title 5 / Part 1 / Chapter 1 / Section 7-B
5 §7-B. Use of state vehicles for commuting
Status: in_force

Notwithstanding section 7‑A , a state-owned or state-leased vehicle may not be used by any employee to commute between home and work, except for those vehicles authorized and assigned to employees of the Baxter State Park Authority and of the Department of Defense, Veterans and Emergency Management, Military Bureau as designated by the Commissioner of Defense, Veterans and Emergency Management; to the director or deputy director or duty officer of the Maine Emergency Management Agency within the Department of Defense, Veterans and Emergency Management; to employees of the Department of Corrections designated by the Commissioner of Corrections; and to law enforcement officials within the following organizational units: Bureau of State Police; Maine Drug Enforcement Agency; Office of the State Fire Marshal; Bureau of Motor Vehicles; Bureau of Marine Patrol; the forest protection unit within the Bureau of Forestry; Bureau of Warden Service; Bureau of Parks and Lands; Office of Cannabis Policy; Bureau of Alcoholic Beverages and Lottery Operations; and the investigation division and the Medicaid fraud control unit within the Office of the Attorney General. [PL 2023, c. 412, Pt. EE, §3 (AMD).]
5 M.R.S. § 11116 — ME Code / Title 5 / Part 18 / Chapter 377-A / Section 11116
5 §11116. Limitation
Status: in_force

1. Debt obligations. A joint standing committee may not review an agency rule which is part of official action towards issuance or securing repayment of bonds, notes or other debt obligations of the State, its instrumentalities or political subdivisions. [PL 1981, c. 524, §15 (NEW).]

2. Review on committee's own motion. This chapter shall not limit a committee from reviewing a rule on its own motion. [PL 1981, c. 524, §15 (NEW).]

3. Failure to review. The failure of a committee to review a rule or to recommend modification or termination is not an implied legislative authorization of its substantive or procedural lawfulness and shall not be considered for any purpose in a judicial proceeding. No legislative review of a rule may supersede the judicial review granted in section 8058 or 11001 . [PL 1981, c. 524, §15 (NEW).]