Resolve, To Amend Rules Regarding Proof of Ownership of Logging Equipment and Recruitment by Employers Employing Foreign Laborers To Operate Logging Equipment
Maine Legislature, Session 127, LD 0402
Committee: Labor, Commerce, Research and Economic Development
Sponsors: MARTIN

Legislative Document 
No. 402 
H.P. 268 
House of Representatives, February 12, 2015 
Resolve, To Amend Rules Regarding Proof of Ownership of Logging 
Equipment and Recruitment by Employers Employing Foreign 
Laborers To Operate Logging Equipment 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative MARTIN of Eagle Lake. 
Cosponsored by Representative: MARTIN of Sinclair. 
Preamble. Whereas, the Department of Labor submitted a provisionally adopted 
major substantive rule to the 126th Legislature for review during the First Regular 
Session of the 126th Legislature pursuant to the Maine Revised Statutes, Title 5, section 
8072; and 
Whereas, in accordance with Title 5, section 8072, the Joint Standing Committee on 
Labor, Commerce, Research and Development reviewed the provisionally adopted rule 
and the 126th Legislature finally passed a resolve authorizing final adoption of the 
provisionally adopted rule conditioned on certain changes being made to the rule; and 
Whereas, the resolve authorizing final adoption of the provisionally adopted rule 
did not become law; and 
Whereas, a provisionally adopted rule filed in accordance with Title 5, section 8072  
may not be finally adopted by an agency unless legislation authorizing adoption of the 
rule is enacted into law; and 
Whereas, pursuant to Title 5, section 8072, subsection 11, nothing in Title 5, section 
8072 requires the Legislature to use the legislative instrument produced pursuant to Title 
5, section 8072 to approve of a rule; and 
Whereas, this resolve directs the Department of Labor to amend its rule in 
conformance with the rule as approved by the 126th Legislature; now, therefore, be it 
Sec. 1.  Rule adoption.  Resolved:  That the Department of Labor shall amend its 
rule regarding proof of ownership of logging equipment and recruitment by employers 
employing foreign laborers to operate logging equipment in conformance with the 
provisionally adopted major substantive rule submitted to the 126th Legislature for 
review, except that the rule must incorporate the following changes that were authorized 
by the 126th Legislature: 
1.  The portion of the rule designated in the provisionally adopted rule as Section 
VI(A) must be amended to clarify that each foreign laborer may use only one type of 
equipment for an employer; and 
2.  The portion of the rule designated in the provisionally adopted rule as Section III 
must be amended to provide that a foreign laborer may not own any equipment used in 
the course of the employment, directly or indirectly, except as to equipment for which 
there is a prevailing rate established by the United States Department of Labor.  The 
penalty for violation of this requirement must be a fine of not less than $5,000 and not 
more than $25,000 assessed against the employer of that foreign laborer and collected by 
the Commissioner of Labor.  Additionally, the rule must state that, upon conviction of a 
violation of this requirement, the Commissioner of Labor may prohibit the employer from 
employing foreign laborers in the State for 2 years. 
The department is not required to hold hearings or undertake further proceedings 
prior to adoption of the rule in accordance with this section. 
The department shall implement the rule using existing resources; and be it further 
Sec. 2.  Expedited amendment process. Resolved:  That, notwithstanding the 
Maine Revised Statutes, Title 5, chapter 375, subchapters 2 and 2-A, the Department of 
Labor shall amend its rule regarding proof of ownership of logging equipment and 
recruitment by employers employing foreign laborers to operate logging equipment as 
provided in this resolve and shall file the amended rule with the Secretary of State. 
SUMMARY 
This resolve directs the Department of Labor to amend its rule regarding proof of 
ownership of logging equipment and recruitment by employers employing foreign 
laborers to operate logging equipment in conformance with the provisionally adopted 
major substantive rule submitted to the 126th Legislature for review, except that the rule 
must incorporate the changes that were authorized by the 126th Legislature.  The resolve 
provides that the department is not required to hold hearings prior to adoption of the rule 
and directs the department to implement the rule using existing resources.