An Act To Require Registration by Residential Construction Contractors
Maine Legislature, Session 122, LD 2089
Committee: Business, Research and Economic Development

Legislative Document 
No. 2089 
H.P.1477 
House of Representatives, March 22, 2006 
An Act To Require Registration by Residential Construction 
Contractors 
Reported by Representative SMITH of Monmouth for the Joint Standing Committee on 
Business, Research and Economic Development pursuant to loint Order 2006, H.P. 1434. 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed under loint Rule 218. 
Printed on recycled paper 
77/~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 32 MRS A c. 134 is enacted to read: 
CHAPTER 134 
RESIDENTIAL CONSTRUCTION CONTRACTOR 
REGISTRATION ACT 
§15301. Short title 
This chapter may be known and cited as "the Residential Construction Contractor 
Registration Act. " 
§15302. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
I. Department. "Department" means the Department of Professional and Financial 
Regulation. 
2. Person. "Person" means any natural person, corporation, partnership or other 
business entity. 
3. Registrant. "Registrant" means a person who applies to be or is registered under 
this chapter. 
4. 
Residential construction contractor. 
"Residential construction contractor" 
means a person who: 
A. 
Undertakes, offers to undertake or submits a bid to build, alter or repair a 
residential structure; 
B. For compensation, and with or without the intent to sell a residential structure, 
arranges to build, alter or repair a residential structure; or 
C. Purchases or owns property and, for compensation, builds or arranges for the 
building of one or more residential structures on that property. 
For purposes of this subsection, "build, alter or repair" includes roofing work and window 
replacement. 
5. Residential construction contracts. "Residential construction contracts" does 
not include contracts with subcontractors or suppliers of materials or services. 
6. Residential structure. "Residential structure" means a dwelling with 3 or fewer 
living units and garages, if any. Buildings used for commercial or business purposes are 
not subject to this chapter. 
§15303. Scope 
This chapter applies only to residential construction contractors who enter into 
residential construction contracts totaling more than $10,000 in the aggregate in a 
calendar year. 
Page I - 122LR3230(1)-1 
§15304. Exemptions 
The following persons are exempt from this chapter: 
1. Architects and engineers. Architects and professional engineers licensed under 
chapters 3-A and 19, respectively; 
2. Oil and solid fuel technicians; propane and natural gas technicians. Oil and 
solid fuel technicians and propane and natural gas technicians licensed under chapters 33 
and 130, respectively; 
3. Manufactured housing licensees. Manufacturers and dealers of manufactured 
housing licensed under Title 10, chapter 951; and 
4. Electricians and plumbers. Electricians and plumbers licensed under chapters 
and 49, respectively. 
§15305. Registration required 
A person shall register with the department in the manner described in this chapter 
before acting as a residential construction contractor. 
A person may not act as a 
residential construction contractor in the absence of a current, valid registration. 
§15306. Registration process 
The following provisions govern the registration process for residential construction 
contractors. 
1. 
Electronic format. 
The entire registration process must be conducted 
electronically via the Internet. This includes but is not limited to application, renewal and 
payment by the registrant; all correspondence and notices relating to registration; and 
issuance of registration. 
2. Application. The department shall prescribe the form of electronic applications. 
The registrant shall supply the following information and shall certify that all information 
provided is true, accurate and complete: 
A. 
The name, physical address, postal address and telephone number of the 
registrant; 
B. If the registrant is an individual, the registrant's social security number and date of 
birth; 
C. If the registrant is an entity other than an individual, the registrant's employer 
identification number and the name of the individual authorized to file the application 
on behalf of the registrant; 
D. The registrant's electronic mail address; 
E. The uniform resource locator of any business-related website maintained by or for 
the benefit of the registrant; 
F. Information for the 10-year period immediately preceding application relating to 
any criminal convictions, guilty pleas or no contest pleas of the registrant or any 
officer, director or general partner of the registrant, including convictions, guilty 
pleas or no contest pleas in a military court; 
I 
G. Infonnation for the 10-year period immediately preceding application relating to 
any criminal convictions, guilty pleas or no contest pleas of the registrant or any 
officer, director or general partner of the registrant relating to fraud, false statement 
or omission, wrongful taking of property, bribery or perjury or conspiracy to commit 
any of these crimes, including any such convictions, guilty pleas or no contest pleas 
in a military court; 
H. Infonnation for the 10-year period immediately preceding application relating to 
any bankruptcy petitions filed by or against the registrant, any business with which 
the registrant was associated or any officer, director or general partner of the 
registrant; 
1. Infonnation relating to any outstanding judgments or liens against the registrant, 
any business with which the registrant was associated or any officer, director or 
general partner of the registrant; 
1. Infonnation relating to any customer complaints, arbitration proceedings, judicial 
proceedings, disciplinary proceedings or license nonrenewal proceedings that are 
pending or that have been brought in the last 10 years against the registrant, any 
business with which the registrant was associated or any officer, director or general 
partner of the registrant; 
K. A description of the business structure of the registrant; 
L. If the registrant is a corporation or limited liability company, the date and state of 
incorporation and the names, physical addresses, postal addresses and telephone 
numbers of individuals with the authority to bind the organization; 
M. If the registrant is a partnership or limited liability partnership, the state where the 
partnership agreement is filed; 
N. The number of persons employed by the registrant; 
O. 
Infonnation relating to workers' compensation msurance purchased by the 
registrant; and 
P. Infonnation relating to employees leased by the registrant. 
3. 
Public posting of applications. 
The department shall post completed 
applications on a publicly accessible website. 
4. Criminal history record check. The department shall request a criminal history 
record check pursuant to Title 25, section 1541, subsection 6 upon receipt of an 
application from any individual registrant who has not previously registered under this 
chapter. The department may, in its discretion, request a criminal history record check 
upon receipt of a subsequent application or with respect to a registrant other than an 
individual or an officer, director or general partner of any such registrant. The cost of a 
criminal history record check requested pursuant to this subsection must be paid by the 
registrant. 
5. Registration term; renewal. All registrations issued pursuant to this chapter 
expire on 1 anuary 31 st of each year. 
A registrant may apply for renewal of the 
registration by providing the infonnation described in subsection 2. 
§15307. Change of electronic mail address; communication via electronic mail 
A registrant shall immediately notify the department of any change of electronic mail 
address. 
§15308. Written contract and change order 
Residential construction contractors shall use a written contract and change order that 
contains the contract provisions specified in Title 10, section 1487 when they enter into 
residential construction contractors. 
§15309. Complaints 
The following provIsiOns govern complaints concerning residential construction 
contractors. 
1. Electronic complaint process. The department shall establish and maintain a 
mechanism for the electronic filing, processing and public posting of complaints against 
residential construction contractors via the Internet as described in this section. 
2. Complaint and response. A complaint filed electronically under subsection 
must be forwarded to the relevant registrant via electronic mail with a request that the 
registrant electronically submit a response within 30 days of the date of mailing. 
3. Public posting of complaint and response. Upon expiration of the 30-day 
response period under subsection 2, the department shall post the complaint on a publicly 
accessible website along with the registrant's response or, if no response was timely 
submitted, a notation to that effect. The department, in its sole discretion, may remove 
extraneous or scandalous matter or inappropriate language from the complaint and 
response, if any, and may paraphrase complaints and responses. 
4. Finality of posting. Notwithstanding Title 5, sections 10003 and 10005, the 
posting of a complaint and response by the department pursuant to subsection 3 is not 
subject to the requirements of Title 5, chapter 375, subchapters 4 and 6, and no hearing 
by the department or in District Court is required. 
§15310. Penalties 
The following provisions govern penalties for residential construction contractors. 
1. Failure to register. A person that acts as a residential construction contractor 
subject to this chapter without registering as a residential construction contractor pursuant 
to this chapter commits a Class D crime. Failure to register constitutes an unfair trade 
practice under Title 5, chapter 10. 
2. Expired registration. A residential construction contractor subject to this chapter 
that engages in any activity under this chapter without a current, valid registration 
commits a Class D crime. 
Unregistered practice subsequent to initial registration 
constitutes an unfair trade practice under Title 5, chapter 10. 
3. Failure to use written contract. A residential construction contractor subject to 
this chapter that fails to use a written contract and change order that contains the specific 
contract provisions of Title 10, section 1487 commits a civil violation for which a fine of 
no less than $1,000 and no more than $10,000 may be adjudged per occurrence. Failure 
to use a written contract and change order constitutes an unfair trade practice under Title 
5, chapter 10. 
4. False information. A person that submits false information to the department in 
the course of applying for or renewing a registration pursuant to this chapter commits a 
Class D crime. The submission of false information in the registration process constitutes 
an unfair trade practice under Title 5, chapter 10. 
§15311. Fees 
The following provisions govern fees. 
1. Registration and renewal fee. A registration fee of $100 must be paid by a 
registrant in an electronic format acceptable to the department upon application under 
section 15306. A separate registration fee must be paid for each annual registration 
period. 
2. Complaint or other information filing fee. A fee of $10 must be paid by 
consumers in an electronic format acceptable to the department for each complaint filing 
under section 15309 regarding a residential construction contractor made with the 
department. 
SUMMARY 
This bill requires residential construction contractors to register with the Department 
of Professional and Financial Regulation to provide consumers with access to relevant 
financial and business information regarding registered contractors, requires use of a 
model contract and change order contract and provides for a public complaint process 
that would be conducted electronically over the Internet.