reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 9: DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › Chapter 901: DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 10 §8003-F. Disposition of fees

§8003-F. Disposition of fees
All money received by the Office of Professional and Occupational Regulation on behalf of a board or commission listed in section 8001, subsection 38 or by the Office of Professional and Occupational Regulation to perform the regulatory functions listed in section 8001, subsection 38 must be paid to the Treasurer of State and credited to the account for that board, commission or regulatory function within the budget of the Office of Professional and Occupational Regulation.   [PL 1999, c. 687, Pt. C, §12 (NEW); PL 2011, c. 286, Pt. B, §5 (REV).]
Money received by the Office of Professional and Occupational Regulation on behalf of a board or commission listed in section 8001, subsection 38 or by the Office of Professional and Occupational Regulation to perform the regulatory functions listed in section 8001, subsection 38 must be used for the expenses of administering its statutory responsibilities, including, but not limited to, the costs of conducting investigations, taking testimony, procuring the attendance of witnesses, all legal proceedings initiated for enforcement and administering the office.   [PL 1999, c. 687, Pt. C, §12 (NEW); PL 2011, c. 286, Pt. B, §5 (REV).]
Any balance of these fees may not lapse but must be carried forward as a continuing account to be expended for the same purposes in the following fiscal years.   [PL 1999, c. 687, Pt. C, §12 (NEW).]
SECTION HISTORY
PL 1999, c. 687, §C12 (NEW). PL 2011, c. 286, Pt. B, §5 (REV).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 9: DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › Chapter 901: DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 10 §8003-G. Duty to require certain information from applicants and licensees

§8003-G. Duty to require certain information from applicants and licensees
The Office of Professional and Occupational Regulation, referred to in this subsection as "the office," including the licensing boards and commissions and regulatory functions within the office, shall require:   [PL 2007, c. 621, §4 (NEW); PL 2011, c. 286, Pt. B, §5 (REV).]
1.  Respond to inquiries.
All applicants for license renewal to respond to all inquiries set forth on renewal forms; and
[PL 2007, c. 621, §4 (NEW).]
2.  Report in writing.
All licensees and applicants for licensure to report in writing to the office no later than 10 days after the change or event, as the case may be:
A. Change of name or address;   [PL 2007, c. 621, §4 (NEW).]
B. Criminal conviction;   [PL 2007, c. 621, §4 (NEW).]
C. Revocation, suspension or other disciplinary action taken in this or any other jurisdiction against any occupational or professional license held by the applicant or licensee; or   [PL 2007, c. 621, §4 (NEW).]
D. Any material change in the conditions or qualifications set forth in the original application for licensure submitted to the office.   [PL 2007, c. 621, §4 (NEW).]
[PL 2007, c. 621, §4 (NEW).]
SECTION HISTORY
PL 2007, c. 621, §4 (NEW). PL 2011, c. 286, Pt. B, §5 (REV).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 9: DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › Chapter 901: DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 10 §8003-H. Licensure by endorsement

§8003-H. Licensure by endorsement
Notwithstanding any provision of chapter 951 or Title 32 to the contrary that pertains to the regulatory functions of the Office of Professional and Occupational Regulation, referred to in this section as "the office," or that governs the licensing boards and commissions within the office, the office, including the licensing boards and commissions within the office, shall establish a process to issue a license by endorsement to an applicant who presents proof of licensure by another jurisdiction of the United States as long as the other jurisdiction maintains substantially equivalent license requirements for the licensed profession or occupation and as long as:   [PL 2021, c. 642, §3 (AMD).]
1.  Good standing.
The applicant is in good standing in all jurisdictions in which the applicant holds or has held a license. For purposes of this subsection, "good standing" means that the applicant does not have a complaint, allegation or investigation pending, does not have a license that is suspended or subject to practice restrictions and has never surrendered a license or had a license revoked;
[PL 2021, c. 167, §10 (NEW); PL 2021, c. 289, §1 (NEW).]
2.  No cause for denial.
No cause for denial of a license exists under section 8003, subsection 5‑A, paragraph A or under any other law; and
[PL 2021, c. 167, §10 (NEW); PL 2021, c. 289, §1 (NEW).]
3.  Fee.
The applicant pays the fee, if any, pursuant to section 8003, subsection 5‑A, paragraph D.
[PL 2021, c. 167, §10 (NEW); PL 2021, c. 289, §1 (NEW).]
The office, or a licensing board or commission within the office, may require an applicant to pass a jurisprudence examination if such an examination is required to be passed for licensure pursuant to law or rule of the office, licensing board or commission.   [PL 2021, c. 167, §10 (NEW); PL 2021, c. 289, §1 (NEW).]
The office, including the licensing boards and commissions within the office, shall adopt rules to implement this section. Rules adopted pursuant to this paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A.   [PL 2021, c. 167, §10 (NEW); PL 2021, c. 289, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 167, §10 (NEW). PL 2021, c. 289, §1 (NEW). PL 2021, c. 642, §3 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 9: DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › Chapter 901: DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 10 §8004. Annual reports

§8004. Annual reports
Notwithstanding any other provision of law, all annual reports or statements required of bureaus and offices within the department must be submitted to the commissioner not later than August 1st of each year and must summarize the operations and financial position of the bureau or office for the preceding fiscal year ending June 30th. After reviewing such reports and statements, the commissioner shall compile them into a report for submission to the Governor, together with such analysis as the Governor may direct.   [PL 1999, c. 687, Pt. C, §13 (AMD).]
SECTION HISTORY
PL 1975, c. 767, §9 (NEW). PL 1999, c. 687, §C13 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 9: DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › Chapter 901: DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 10 §8004-A. Legislative reports

§8004-A. Legislative reports
The Director of the Office of Professional and Occupational Regulation shall report annually to the joint standing committee of the Legislature having jurisdiction over professional and occupational regulation on the status of licensing fees and fee caps.   [PL 2011, c. 691, Pt. A, §4 (AMD).]
SECTION HISTORY
PL 2001, c. 323, §10 (NEW). PL 2011, c. 286, Pt. B, §5 (REV). PL 2011, c. 691, Pt. A, §4 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 9: DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › Chapter 901: DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 10 §8005. Compliance with support orders; license qualifications and conditions

§8005. Compliance with support orders; license qualifications and conditions
In addition to other qualifications for licensure or registration and conditions for continuing eligibility to hold a license as prescribed by the various acts of bureaus, boards or commissions that compose or are affiliated with the department, applicants for licensure or registration, licensees renewing their licenses and existing licensees must also comply with the requirements of Title 19‑A, section 2201.   [PL 1995, c. 694, Pt. D, §7 (AMD); PL 1995, c. 694, Pt. E, §2 (AFF).]
SECTION HISTORY
PL 1993, c. 410, §V1 (NEW). PL 1995, c. 694, §D7 (AMD). PL 1995, c. 694, §E2 (AFF).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 9: DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › Chapter 901: DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 10 §8005-A. Licensees not in compliance with court-ordered fine, fee or restitution; license qualifications and conditions

§8005-A. Licensees not in compliance with court-ordered fine, fee or restitution; license qualifications and conditions
In addition to other qualifications for licensure or registration and conditions for continuing eligibility to hold a license as required by bureaus, boards and commissions within or affiliated with the department, applicants for licensure or registration, licensees renewing their licenses and existing licensees may not hold any such license when there has been a court-ordered suspension of that license as provided by Title 14, sections 3141 and 3142.   [PL 2003, c. 193, §1 (NEW).]
SECTION HISTORY
PL 2003, c. 193, §1 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 9: DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › Chapter 901: DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 10 §8007. Board member candidate information

§8007. Board member candidate information
The Commissioner of Professional and Financial Regulation or the chief staff administrator for an occupational and professional regulatory board shall work with the Executive Department to prepare general information regarding the purpose of an occupational and professional regulatory board and the role, responsibility and perspective of a member of an occupational and professional regulatory board, including a public member. The material must also include information specific to the board for which the individual is a prospective member, including but not limited to the time commitment, remuneration and any other pertinent details.   [PL 1993, c. 600, Pt. A, §12 (NEW).]
This information must be provided to all new candidates for membership on an occupational and professional regulatory board and to members seeking reappointment in order to fully inform the candidate or member about the nature of the position. Prior to gubernatorial appointment or reappointment, the candidate or member shall sign a statement indicating that the candidate or member has read the material and is prepared to properly discharge the duties of a member of an occupational and professional regulatory board. Failure to sign this statement disqualifies the candidate or member for appointment or reappointment on a board.   [PL 1993, c. 600, Pt. A, §12 (NEW).]
SECTION HISTORY
PL 1993, c. 600, §A12 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 9: DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › Chapter 901: DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 10 §8008. Purpose of occupational and professional regulatory boards

§8008. Purpose of occupational and professional regulatory boards
The sole purpose of an occupational and professional regulatory board is to protect the public health and welfare. A board carries out this purpose by ensuring that the public is served by competent and honest practitioners and by establishing minimum standards of proficiency in the regulated professions by examining, licensing, regulating and disciplining practitioners of those regulated professions. Other goals or objectives may not supersede this purpose.   [PL 1993, c. 600, Pt. A, §12 (NEW).]
SECTION HISTORY
PL 1993, c. 600, §A12 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 9: DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › Chapter 901: DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 10 §8009. Standardized terms

§8009. Standardized terms
Notwithstanding any other provision of law, upon expiration of a professional or occupational licensing board member's term, that member serves until a successor is appointed and qualified. The successor's term commences at the expiration of the preceding term, regardless of the date of appointment. A vacancy occurring prior to the expiration of a specified term must be filled by appointment of a similarly qualified individual as a replacement. The replacement member serves for the remainder of the unexpired term, regardless of the date of appointment.   [PL 2013, c. 217, Pt. A, §2 (AMD).]
SECTION HISTORY
PL 2007, c. 402, Pt. C, §6 (NEW). PL 2013, c. 217, Pt. A, §2 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 9: DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › Chapter 901: DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 10 §8010. Quorum; chair

§8010. Quorum; chair
Notwithstanding any provision of law to the contrary, a majority of the members serving on a board or commission under section 8001, subsection 38 constitutes a quorum. The board or commission shall elect its chair.   [PL 2013, c. 246, Pt. A, §1 (NEW).]
Revisor's Note: §8010. Veterans and military spouses (As enacted by PL 2013, c. 311, §1, was repealed by PL 2013, c. 424, Pt. D, §1)
SECTION HISTORY
PL 2013, c. 246, Pt. A, §1 (NEW). PL 2013, c. 311, §1 (NEW). PL 2013, c. 424, Pt. D, §1 (RP). PL 2013, c. 424, Pt. D, §3 (AFF).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 10: COMMERCE AND INDUSTRY › Chapter 903: DEPARTMENT OF COMMERCE AND INDUSTRY (REPEALED) › 10 §8101. Department; commissioner (REPEALED)

§8101. Department; commissioner
(REPEALED)
SECTION HISTORY
PL 1971, c. 481 (NEW). PL 1971, c. 584, §2 (AMD). PL 1977, c. 78, §32 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 11: HOUSING › Chapter 951: MANUFACTURED HOUSING ACT › Subchapter 1: GENERAL PROVISIONS › 10 §9003. Manufactured Housing Board

§9003. Manufactured Housing Board
1.  Established.
The Manufactured Housing Board, established by Title 5, section 12004-A, subsection 22, consists of 9 members appointed by the Governor.
[PL 2007, c. 402, Pt. D, §1 (AMD).]
2.  Composition of board; terms of members.
The members of the board include:
A. [PL 1997, c. 727, Pt. C, §2 (RP).]
B. Three public members, as defined in Title 5, section 12004-A, at least one of whom lives in manufactured housing;   [PL 2007, c. 402, Pt. D, §1 (AMD).]
C. One member who is a professional engineer with demonstrated experience in construction and building technology;   [PL 1995, c. 462, Pt. A, §26 (RPR).]
D. Two members who are dealers;   [PL 2013, c. 217, Pt. B, §1 (RPR).]
E. [PL 2013, c. 217, Pt. B, §2 (RP).]
F. One member who is an owner or operator of a manufactured housing community;   [PL 2017, c. 210, Pt. B, §8 (AMD).]
G. One member who is a builder of manufactured housing; and   [PL 1995, c. 462, Pt. A, §26 (RPR).]
H. One member with a minimum of 2 years of practical experience in building code administration and enforcement and with current employment as a code enforcement officer.   [PL 1995, c. 462, Pt. A, §26 (RPR).]
The term of office of the members is 4 years. Appointment of a member must comply with section 8009. A member of the board may be removed for cause by the Governor.
[PL 2017, c. 210, Pt. B, §8 (AMD).]
3.  Vacancies.
[PL 1995, c. 462, Pt. A, §27 (RP).]
4.  Duties.
[PL 2007, c. 402, Pt. D, §1 (RP).]
5.  Compensation.
[PL 1995, c. 397, §13 (RP).]
6.  Organization.
[PL 2007, c. 402, Pt. D, §1 (RP).]
7.  Meetings; chair.
The board shall meet at least once a year to conduct its business and to elect a chair. Additional meetings must be held as necessary to conduct the business of the board and may be convened at the call of the chair or a majority of the board members.
[PL 2013, c. 246, Pt. B, §1 (AMD).]
8.  Administration.
[PL 2007, c. 402, Pt. D, §1 (RP).]
9.  Federal funds and other funding sources.
[PL 2007, c. 402, Pt. D, §1 (RP).]
10.  Manufactured housing account.
[PL 2007, c. 402, Pt. D, §1 (RP).]
SECTION HISTORY
PL 1977, c. 550, §1 (NEW). PL 1983, c. 553, §14 (AMD). PL 1983, c. 812, §§69,70 (AMD). PL 1987, c. 395, §§A35,A36 (AMD). PL 1989, c. 271, §§1,2 (AMD). PL 1991, c. 391, §1 (AMD). PL 1993, c. 600, §§A13,14 (AMD). PL 1993, c. 642, §10 (AMD). PL 1995, c. 397, §13 (AMD). PL 1995, c. 462, §§A26,27 (AMD). PL 1995, c. 502, §H12 (AMD). PL 1997, c. 727, §§C2,3 (AMD). PL 1999, c. 687, §F1 (AMD). PL 2007, c. 402, Pt. D, §1 (AMD). PL 2013, c. 217, Pt. B, §§1, 2 (AMD). PL 2013, c. 246, Pt. B, §1 (AMD). PL 2017, c. 210, Pt. B, §8 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 11: HOUSING › Chapter 951: MANUFACTURED HOUSING ACT › Subchapter 1: GENERAL PROVISIONS › 10 §9004. Employees

§9004. Employees
1.  Executive director.
The Commissioner of Professional and Financial Regulation may appoint or remove for cause, with the advice of the board, an executive director who is the principal administrative and supervisory employee of the Department of Professional and Financial Regulation for the board. The executive director shall supervise the personnel employed to carry out the purposes of this chapter.
[PL 2007, c. 402, Pt. D, §2 (AMD).]
2.  Employees.
[PL 1999, c. 687, Pt. F, §2 (RP).]
SECTION HISTORY
PL 1977, c. 550, §1 (NEW). PL 1983, c. 553, §46 (AMD). PL 1985, c. 785, §B56 (AMD). PL 1987, c. 395, §A37 (AMD). PL 1993, c. 642, §11 (AMD). PL 1995, c. 502, §H13 (AMD). PL 1999, c. 687, §F2 (AMD). PL 2007, c. 402, Pt. D, §2 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 11: HOUSING › Chapter 951: MANUFACTURED HOUSING ACT › Subchapter 1: GENERAL PROVISIONS › 10 §9005. Rules and regulations (REPEALED)

§9005. Rules and regulations
(REPEALED)
SECTION HISTORY
PL 1977, c. 550, §1 (NEW). PL 1977, c. 694, §§191-193 (AMD). PL 1993, c. 642, §12 (AMD). PL 1999, c. 687, §E1 (AMD). PL 2007, c. 402, Pt. D, §3 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 11: HOUSING › Chapter 951: MANUFACTURED HOUSING ACT › Subchapter 1: GENERAL PROVISIONS › 10 §9005-A. Powers and duties

§9005-A. Powers and duties
The board shall administer and enforce the provisions of this chapter.   [PL 2007, c. 402, Pt. D, §4 (NEW).]
The board shall propose, revise, adopt and enforce rules necessary to carry out this chapter in accordance with the provisions of Title 5, chapter 375, subchapter 2. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. The board may delegate the enforcement authority to employees.   [PL 2007, c. 402, Pt. D, §4 (NEW).]
SECTION HISTORY
PL 2007, c. 402, Pt. D, §4 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 11: HOUSING › Chapter 951: MANUFACTURED HOUSING ACT › Subchapter 1: GENERAL PROVISIONS › 10 §9006. Installation standards

§9006. Installation standards
1.  Standards.
The board shall, by rule, set uniform reasonable standards for the installation of manufactured homes, including, but not limited to, standards for foundations, supports, anchoring, underpinning and skirting of manufactured homes installed in this State.
[PL 2017, c. 210, Pt. B, §9 (AMD).]
2.  Exemption.
Manufactured housing which is manufactured, sold, installed or serviced in compliance with this chapter shall be exempt from all state or other political subdivision codes, standards or regulations which regulate the same matters.
[PL 1981, c. 152, §8 (RPR).]
3.  Exemption.
[PL 1981, c. 152, §8 (RP).]
SECTION HISTORY
PL 1977, c. 550, §1 (NEW). PL 1981, c. 152, §8 (RPR). PL 1993, c. 642, §13 (AMD). PL 2017, c. 210, Pt. B, §9 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 11: HOUSING › Chapter 951: MANUFACTURED HOUSING ACT › Subchapter 1: GENERAL PROVISIONS › 10 §9006-A. Notice of installation (REPEALED)

§9006-A. Notice of installation
(REPEALED)
SECTION HISTORY
PL 1989, c. 271, §3 (NEW). PL 1991, c. 509, §5 (AMD). PL 1993, c. 642, §14 (AMD). PL 1997, c. 210, §4 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 11: HOUSING › Chapter 951: MANUFACTURED HOUSING ACT › Subchapter 1: GENERAL PROVISIONS › 10 §9006-B. Formaldehyde emissions; disclosure

§9006-B. Formaldehyde emissions; disclosure
In addition to requiring that the "Health Notice on Formaldehyde Emissions" set out in 24 Code of Federal Regulations 53280.309 be prominently displayed in each manufactured housing unit sold in the State and provided as part of the Manufactured Home Consumer Manual provided to each purchaser of a new manufactured housing unit, the board shall require that a copy of that notice be provided to a purchaser of a new manufactured housing unit at the time of execution of the purchase and sales agreement, and that each purchaser sign a certification, provided at the bottom of that notice, that the purchaser has read and understood the contents of the notice before signing the purchase and sales agreement.   [PL 2017, c. 210, Pt. B, §10 (AMD).]
SECTION HISTORY
PL 1993, c. 186, §1 (NEW). PL 2017, c. 210, Pt. B, §10 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 11: HOUSING › Chapter 951: MANUFACTURED HOUSING ACT › Subchapter 1: GENERAL PROVISIONS › 10 §9006-C. Warranty seals

§9006-C. Warranty seals
The board shall issue warranty seals to be attached on manufactured housing sold in this State. The following provisions govern the attachment of warranty seals on manufactured housing.   [PL 1993, c. 642, §15 (NEW).]
1.  Manufacturer's warranty seal.
Before manufactured housing may be installed in this State, the manufacturer shall first obtain from the board a Maine manufacturer's warranty seal. The warranty seal may be issued upon payment of the fee as set pursuant to section 9021, subsection 2-A. The manufacturer must attach the seal to the manufactured housing.
[PL 2009, c. 241, Pt. A, §1 (AMD).]
2.  Installer's or mechanic's warranty seal.
Before manufactured housing may be installed in this State, the installer or mechanic must obtain from the board a Maine installer's or mechanic's warranty seal. The warranty seal may be issued upon payment of the fee as set pursuant to section 9021, subsection 2-A. The installer or mechanic must attach the seal to the manufactured housing.
[PL 2009, c. 241, Pt. A, §2 (AMD).]
SECTION HISTORY
PL 1993, c. 642, §15 (NEW). PL 2005, c. 344, §6 (AMD). PL 2009, c. 241, Pt. A, §§1, 2 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 11: HOUSING › Chapter 951: MANUFACTURED HOUSING ACT › Subchapter 1: GENERAL PROVISIONS › 10 §9006-D. Notice of installation

§9006-D. Notice of installation
1.  Notice of installation.
A manufacturer, dealer, mechanic and installer shall notify the board every month of the installations completed by that person that month. The notice must include the location of each unit of manufactured housing, the owner of each unit at the time of installation, the type or model of the unit, the manufacturer of the unit, written certification that the installation meets standards that conform to those required by the board and the name and address of the manufacturer, dealer, mechanic or installer. The information must be submitted within 10 days after the end of each month in the form and manner prescribed by the board by rule. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A.
[PL 2001, c. 281, §1 (NEW).]
2.  Failure to file.
The board may require a manufacturer, dealer, mechanic or installer who fails to comply with this section to pay a fine of not less than $5 and not more than $100 for each day the notice is late.
[PL 2001, c. 281, §1 (NEW).]
SECTION HISTORY
PL 2001, c. 281, §1 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 11: HOUSING › Chapter 951: MANUFACTURED HOUSING ACT › Subchapter 1: GENERAL PROVISIONS › 10 §9007. Reciprocity (REPEALED)

§9007. Reciprocity
(REPEALED)
SECTION HISTORY
PL 1977, c. 550, §1 (NEW). PL 1977, c. 694, §§194,195 (AMD). PL 1981, c. 152, §9 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 11: HOUSING › Chapter 951: MANUFACTURED HOUSING ACT › Subchapter 1: GENERAL PROVISIONS › 10 §9008. Prohibited practices

§9008. Prohibited practices
1.  Licenses.
A person may not manufacture, sell, broker, distribute, install or service any manufactured housing in this State regardless of the destination of the housing without first obtaining a license from the board as required in this chapter.
[PL 2017, c. 210, Pt. B, §11 (AMD).]
2.  Violation of regulations and standards.
A person may not knowingly manufacture, sell, broker, distribute, install or service manufactured housing in the State that is not in compliance with the regulations and standards authorized under this chapter.
[PL 2005, c. 344, §7 (AMD).]
SECTION HISTORY
PL 1977, c. 550, §1 (NEW). PL 1981, c. 152, §10 (RPR). PL 2005, c. 344, §7 (AMD). PL 2017, c. 210, Pt. B, §11 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 11: HOUSING › Chapter 951: MANUFACTURED HOUSING ACT › Subchapter 1: GENERAL PROVISIONS › 10 §9010. Hearings and appeals (REPEALED)

§9010. Hearings and appeals
(REPEALED)
SECTION HISTORY
PL 1977, c. 550, §1 (NEW). PL 1977, c. 694, §197 (RPR). PL 1993, c. 642, §20 (AMD). PL 2007, c. 402, Pt. D, §6 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 11: HOUSING › Chapter 951: MANUFACTURED HOUSING ACT › Subchapter 1: GENERAL PROVISIONS › 10 §9011. Enforcement and penalties

§9011. Enforcement and penalties
1.  Inspection of violations.
The board may, upon complaint or probable cause, inspect the manufactured housing, manufacturing facilities, a licensee's business facilities or such records as may be necessary to verify whether a violation has occurred. If the board finds that a violation has occurred, it shall proceed pursuant to section 9009.
[PL 2017, c. 210, Pt. B, §13 (AMD).]
2.  Petition to initiate legal action.
The board may petition the Attorney General to initiate legal action in any court of competent jurisdiction for monetary or injunctive relief to enforce this chapter.
[PL 1993, c. 642, §21 (AMD).]
3.  Penalties.
Any person found guilty of violation of this chapter may be required to pay a civil penalty of not more than $1,000 for each such violation, but not more than $5,000 for an action consisting of separate violations.
[PL 1977, c. 550, §1 (NEW).]
4.  Private actions.
The private rights of action created by this subsection are in addition to any rights of enforcement and relief granted to the board in this chapter. The board shall notify all claimants of their right to seek remedy.
A. A person damaged as a result of a violation of this chapter also has a cause of action in court against the person responsible for the manufacture, brokering, distribution, sale, lease, installation or service, and the court may award appropriate damages and cost for litigation in its judgment.   [PL 2005, c. 344, §11 (AMD).]
B. After exhausting all administrative remedies, a person damaged as a result of a violation of section 9042 also has a cause of action in court against the political subdivision of the State that fails to comply with the provisions of section 9042, and the court may award injunctive relief.   [PL 1999, c. 725, §2 (NEW).]
[PL 2005, c. 344, §11 (AMD).]
5.  Crime designated.
An individual or a director, officer or agent of a corporation who knowingly and willfully violates section 9008 in a manner that threatens the health or safety of any purchaser commits a Class E crime.
[PL 1993, c. 642, §21 (AMD).]
SECTION HISTORY
PL 1977, c. 550, §1 (NEW). PL 1993, c. 642, §21 (AMD). PL 1999, c. 725, §2 (AMD). PL 2005, c. 344, §11 (AMD). PL 2017, c. 210, Pt. B, §13 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 11: HOUSING › Chapter 951: MANUFACTURED HOUSING ACT › Subchapter 1: GENERAL PROVISIONS › 10 §9012. Confidential information

§9012. Confidential information
1.  Reported information.
All information reported to or otherwise obtained by the board, its director or any of its employees which contains or relates to a trade secret, or which, if disclosed would put the person furnishing the information at a substantial competitive disadvantage, shall be considered confidential, except that the information may be disclosed to other federal, state or local officials concerned with enforcement of this chapter or when relevant in any proceeding under this chapter or any related law, rule or regulation.
[PL 1977, c. 550, §1 (NEW).]
2.  Refusal to release information.
In any action brought against a member, officer or employee of the board pursuant to Title 1, section 410, for refusal to release information in the custody or control of the board, it shall be a defense if the defendant refused to release the information in the good faith belief that such information was rendered confidential by the terms of subsection 1.
[PL 1977, c. 550, §1 (NEW).]
3.  State not liable.
No action for damages shall accrue against the State or the board, or the members, officers or employees of the board:
A. For the mistaken release of information rendered confidential by subsection 1.   [PL 1977, c. 550, §1 (NEW).]
[PL 1977, c. 550, §1 (NEW).]
SECTION HISTORY
PL 1977, c. 550, §1 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 11: HOUSING › Chapter 951: MANUFACTURED HOUSING ACT › Subchapter 1: GENERAL PROVISIONS › 10 §9013. Fees (REPEALED)

§9013. Fees
(REPEALED)
SECTION HISTORY
PL 1977, c. 550, §1 (NEW). PL 1981, c. 152, §11 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 11: HOUSING › Chapter 951: MANUFACTURED HOUSING ACT › Subchapter 1: GENERAL PROVISIONS › 10 §9014. Authorized inspection agencies (REPEALED)

§9014. Authorized inspection agencies
(REPEALED)
SECTION HISTORY
PL 1977, c. 550, §1 (NEW). PL 1981, c. 152, §12 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 11: HOUSING › Chapter 951: MANUFACTURED HOUSING ACT › Subchapter 2: LICENSING › 10 §9022. Service and installations

§9022. Service and installations
1.  Dealers.
Dealers who are licensed according to this chapter may install or service, or may have their employees install or service any manufactured housing in compliance with this chapter and the dealer and his employees shall be exempt from any requirements for trade or mechanic licenses of any other type. The dealer is not exempt from any requirements for a permit which any state or political subdivision may require.
[PL 1977, c. 550, §1 (NEW).]
2.  Manufacturers.
A manufacturer may manufacture or sell to dealers and developer dealers when licensed as a manufacturer of manufactured housing and may repair defects and is exempt from any licensing requirements of other state or political subdivisions.
[PL 2005, c. 344, §18 (AMD).]
3.  Mechanics.
Licensed mechanics may install or service HUD-code homes and pre-HUD-code homes and are exempt from any other licensing requirements of any state or political subdivisions, but must obtain any permits required.
[PL 2017, c. 210, Pt. B, §16 (AMD).]
4.  Installers.
Licensed installers may install and service state-certified modular homes and are exempt from any other licensing requirements of any state or political subdivisions but must obtain any permits required.
[PL 2017, c. 210, Pt. B, §17 (AMD).]
SECTION HISTORY
PL 1977, c. 550, §1 (NEW). PL 1999, c. 386, §C3 (AMD). PL 2005, c. 344, §18 (AMD). PL 2017, c. 210, Pt. B, §§16, 17 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 11: HOUSING › Chapter 951: MANUFACTURED HOUSING ACT › Subchapter 3: STATE CERTIFIED MANUFACTURED HOUSING › 10 §9041. General rules

§9041. General rules
The board shall adopt rules and establish standards as provided by section 9005‑A to administer and enforce this subchapter.   [PL 2007, c. 695, Pt. B, §3 (AMD).]
For purposes of this subchapter, manufactured housing includes only housing defined in section 9002, subsection 7, paragraph B.   [PL 1993, c. 642, §26 (AMD).]
SECTION HISTORY
PL 1977, c. 550, §1 (NEW). PL 1981, c. 152, §14 (RPR). PL 1991, c. 714, §4 (AMD). PL 1993, c. 642, §26 (AMD). PL 2007, c. 695, Pt. B, §3 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 11: HOUSING › Chapter 951: MANUFACTURED HOUSING ACT › Subchapter 3: STATE CERTIFIED MANUFACTURED HOUSING › 10 §9043. Approval alternatives

§9043. Approval alternatives
1.  Inspection agency.
Any manufacturer seeking inspection and approval of manufactured housing subject to the requirements of this subchapter may contract with an inspection agency authorized by the board to perform the necessary services in order to obtain approval of the manufactured housing.
[PL 1981, c. 152, §14 (RPR).]
2.  Local option.
The provisions of this subchapter must be waived by the board with respect to manufactured housing that is installed in a municipality that has adopted a building code and has a local building code enforcement agency if:
A. The manufactured housing is found by the local enforcement agency to comply with the applicable local building code; and   [PL 1981, c. 152, §14 (NEW).]
B. The local enforcement agency reports the compliance to the board in such form and detail as the board may reasonably require.   [PL 2017, c. 210, Pt. B, §18 (AMD).]
[PL 2017, c. 210, Pt. B, §18 (AMD).]
3.  Program of approval.
The board may provide a special program of approval to manufacturers who can demonstrate an unreasonable economic hardship resulting from the alternatives in subsections 1 and 2, except that in no case shall a program of unsupervised self-certification be authorized.
[PL 1981, c. 152, §14 (NEW).]
4.  Certification.
The manufacturer of that housing, regardless of the approval alternative used, shall certify that the manufactured housing conforms to all applicable standards whether adopted by the board or local enforcement agency, as the case may be, and that manufacturer's certification must be permanently affixed to the manufactured housing in accordance with such requirements as the board may by rule prescribe. Affixation of a certificate to manufactured housing signifies the manufacturer's representation and warranty to all purchasers of the housing that the housing was manufactured in accordance with all applicable standards of the board or the local enforcement agency, as the case may be, in effect on the date of manufacture.
[PL 2017, c. 210, Pt. B, §19 (AMD).]
5.  Documentation.
The manufacturer shall provide to an agency in accordance with this section for review and approval any required documents necessary to define the design, assembly and installation of the manufactured housing to be produced, including the quality assurance practices to be applied by the manufacturer.
[PL 1981, c. 152, §14 (NEW).]
6.  Inspection and certification.
Manufactured housing produced by a manufacturer approved in subsection 5, shall be inspected by an approval agency in accordance with this section, and certified by that agency as having been constructed in accordance with the standards adopted by the board or local enforcement agency, as the case may be, provided the approval agency makes that determination.
[PL 1981, c. 152, §14 (NEW).]
SECTION HISTORY
PL 1977, c. 550, §1 (NEW). PL 1981, c. 152, §14 (RPR). PL 2007, c. 402, Pt. D, §8 (AMD). PL 2017, c. 210, Pt. B, §§18, 19 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 11: HOUSING › Chapter 951: MANUFACTURED HOUSING ACT › Subchapter 3: STATE CERTIFIED MANUFACTURED HOUSING › 10 §9044. Authorized inspection agencies

§9044. Authorized inspection agencies
1.  Establishment of procedures and standards.
The board shall, by regulation, establish procedures and standards for the qualification of private or public agencies to perform evaluation and inspection services required by this subchapter. The current edition of the Criteria for Agencies Engaged in System Analysis and Compliance Assurance for Manufactured Buildings, ASTM-E 541, as adopted by the American Society of Testing and Materials shall be considered by the board in adopting these standards and procedures.
[PL 1981, c. 152, §14 (NEW).]
2.  Inspection agencies.
The board shall qualify as inspection agencies only those persons or organizations which it determines to comply with the standards adopted by the board pursuant to subsection 1. Inspection agencies qualified under this subsection may contract with manufactured housing manufacturers to provide inspection services required by this subchapter.
[PL 1981, c. 152, §14 (NEW).]
3.  Suspension of qualification.
Qualification of an inspection agency must be suspended by the board if, after appropriate notice and administrative hearing, it determines the agency is no longer qualified as meeting the standards adopted pursuant to subsection 1. The board may request information and documentation and may conduct such reviews and inspections of the work of a qualified agency as the board determines are necessary to reasonably ensure continuing compliance of the qualified agency with the standards adopted pursuant to subsection 1.
[PL 2017, c. 210, Pt. B, §20 (AMD).]
SECTION HISTORY
PL 1981, c. 152, §14 (NEW). PL 2017, c. 210, Pt. B, §20 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 11: HOUSING › Chapter 951: MANUFACTURED HOUSING ACT › Subchapter 3: STATE CERTIFIED MANUFACTURED HOUSING › 10 §9045. New unit and inspection fees

§9045. New unit and inspection fees
A fee for each new dwelling unit that is installed in the State and fees for inspection of manufactured housing that must be paid by the manufacturer, dealer, developer dealer, installer or mechanic whose actions or failure to act gave rise to the necessity of the inspection are set under section 9021, subsection 2-A.   [PL 2007, c. 402, Pt. D, §9 (RPR).]
1.  Fee for new units.
[PL 2007, c. 402, Pt. D, §9 (RP).]
2.  Fee for inspection.
[PL 2007, c. 402, Pt. D, §9 (RP).]
SECTION HISTORY
PL 1981, c. 152, §14 (NEW). PL 1983, c. 553, §16 (AMD). PL 1991, c. 391, §§5,6 (AMD). PL 2005, c. 344, §20 (AMD). PL 2007, c. 402, Pt. D, §9 (RPR).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 11: HOUSING › Chapter 951: MANUFACTURED HOUSING ACT › Subchapter 3: STATE CERTIFIED MANUFACTURED HOUSING › 10 §9046. Complaint investigation

§9046. Complaint investigation
Upon complaint by any person concerning an alleged violation of this chapter, the board may investigate and determine, or may cause to be investigated and determined, whether the unit complies with established rules. The board shall notify the complainant of the complainant's right to relief under section 9011, subsection 4. If the board determines the defect occurred in other similar manufactured housing, the board shall notify all ascertainable purchasers of the housing, in accordance with the records obtained from the manufacturer and dealer of their possible right of action under this subchapter. Failure of the manufacturer, dealer or developer dealer to retain reasonable business records or to provide access to those records in response to a request by the board pursuant to this subchapter is a violation of this chapter.   [PL 2017, c. 210, Pt. B, §21 (AMD).]
SECTION HISTORY
PL 1981, c. 152, §14 (NEW). PL 2005, c. 344, §21 (AMD). PL 2017, c. 210, Pt. B, §21 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 11: HOUSING › Chapter 951: MANUFACTURED HOUSING ACT › Subchapter 3: STATE CERTIFIED MANUFACTURED HOUSING › 10 §9047. Notification and correction of defects

§9047. Notification and correction of defects
1.  Manufacturer.
Every manufacturer of manufactured housing in this State and any manufacturer who offers manufactured housing for sale, lease, delivery, introduction or importation into this State shall furnish notification of any defect in manufactured housing produced by the manufacturer that the manufacturer or the board determines relates to a standard of the board that is applicable to the housing or that constitutes a safety hazard to an occupant of the housing. The notification must be accomplished in a manner and within a time the board by rule prescribes, except that the rules must at least provide the following:
A. Notification by mail to the first purchaser of the manufactured housing, other than a dealer or developer dealer of the manufacturer, and to any subsequent purchaser whose identity the manufacturer knows;   [PL 2005, c. 344, §22 (AMD).]
B. Notification by mail or some expeditious means to the dealers and developer dealers of the manufacturer to whom the manufactured housing was delivered; and   [PL 2005, c. 344, §23 (AMD).]
C. Notification by mail to the board.   [PL 1981, c. 152, §14 (NEW).]
[PL 2005, c. 344, §§22, 23 (AMD).]
2.  Dealers.
Any person who sells, leases, delivers or transports manufactured housing that has been certified under this chapter shall notify the board and any present or prospective purchaser of the housing in writing of any defect resulting from damage or modification to the housing that the person determines relates to a standard of the board that is applicable to the housing or that constitutes a safety hazard to an occupant of the housing. This requirement does not apply to sales or leases of manufactured housing after the first purchase of the housing by a person for purposes other than resale and does not apply to deliveries or transportations of the manufactured housing that occur after the first installation of the housing on a permanent foundation.
[PL 1993, c. 642, §28 (AMD).]
3.  Corrections.
The licensed person responsible for noncompliance with the standards adopted by the board or for the creation of a safety hazard shall promptly make or cause to be made such repairs and modifications as may be necessary to correct the nonconformance or eliminate the safety hazard. Any licensed person who fails to make these repairs or modifications is subject to section 9009.
[PL 2017, c. 210, Pt. B, §22 (AMD).]
SECTION HISTORY
PL 1981, c. 152, §14 (NEW). PL 1993, c. 642, §28 (AMD). PL 2005, c. 344, §§22,23 (AMD). PL 2017, c. 210, Pt. B, §22 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 11: HOUSING › Chapter 951: MANUFACTURED HOUSING ACT › Subchapter 3: STATE CERTIFIED MANUFACTURED HOUSING › 10 §9048. Reciprocity

§9048. Reciprocity
1.  Standards.
If the board finds that the standards for the manufacture and inspection of manufactured housing prescribed by statute or regulation of another state or governmental agency meet the objectives of this chapter and the rules adopted pursuant to this chapter and are enforced satisfactorily by that other state or other governmental agency, or by their agents, the board may accept manufactured housing that has been certified by that other state or governmental agency as being in compliance with this chapter. The standards of another state are not considered to be satisfactorily enforced unless that other state provides for notification to the board of suspensions or revocations of approvals issued by that other state in a manner satisfactory to the board and so notifies the board. Acceptance of this notification does not remove the board's right to pursue remedies outlined in sections 9009 and 9011.
[PL 1993, c. 642, §29 (AMD).]
2.  Suspension or revocation.
Notwithstanding Title 5, section 10051, the board may suspend or revoke the board's acceptance or certification, or both, of manufactured housing certified under the reciprocal provisions of this section, for the following causes:
A. If the board determines that the standards for the manufacture and inspection of the manufactured housing of another state or governmental agency do not meet the objectives of this chapter and the rules adopted pursuant to this chapter;   [PL 1993, c. 642, §29 (AMD).]
B. The board determines that the standards for manufacture and inspection are not being enforced to the satisfaction of the board; or   [PL 1981, c. 152, §14 (NEW).]
C. The other state or governmental agency suspends or revokes its approval or certification.   [PL 1981, c. 152, §14 (NEW).]
[PL 1993, c. 642, §29 (AMD).]
3.  Cooperation.
In order to encourage reciprocity, the board shall cooperate with similar authorities in other jurisdictions, with national standards organizations and with model code procedures for testing, evaluating, approving and inspecting manufactured housing, and otherwise encouraging their production and acceptance.
[PL 1981, c. 152, §14 (NEW).]
4.  Agreement.
The board shall not grant this reciprocity unless the recipient state enters into an agreement with the board whereby manufactured housing manufactured within Maine and regulated under the provisions of this chapter shall be deemed approved for sale in that recipient state.
[PL 1981, c. 152, §14 (NEW).]
5.  Formal agreements.
The board, subject to the approval of the Commissioner of Professional and Financial Regulation, may enter into formal agreements with the agencies or authorities of other states, or other governmental agencies, or their agents, to carry out the purpose of this chapter.
[PL 2007, c. 402, Pt. D, §10 (AMD).]
SECTION HISTORY
PL 1981, c. 152, §14 (NEW). PL 1993, c. 642, §29 (AMD). PL 2007, c. 402, Pt. D, §10 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 11: HOUSING › Chapter 951: MANUFACTURED HOUSING ACT › Subchapter 4: COMPLAINTS › 10 §9051. General

§9051. General
1.  Violation.
The board may cause to be investigated any complaint of an alleged violation by any licensee or of any rules adopted by the board, either by its own inspector or any authorized agency to determine the validity of the complaint.
A. Within one year and 10 days after installation, any home buyer of new manufactured housing may file a complaint about any defective construction or installation defect.   [PL 1981, c. 152, §15 (RPR).]
B. Any person having knowledge of a violation of this chapter may file a complaint within one year of that violation.   [PL 1981, c. 152, §15 (RPR).]
[PL 2017, c. 210, Pt. B, §23 (AMD).]
2.  Form.
Complaints may be made in any form, as approved by the board, as long as the complaint includes all information the board considers necessary.
[PL 2017, c. 210, Pt. B, §23 (AMD).]
3.  Notice for purposes of limitation of actions.
If a consumer files a written complaint with the manufacturer, dealer, developer dealer, installer, mechanic or board within one year and 10 days after installation of new manufactured housing, receipt of the written complaint by the manufacturer, dealer, developer dealer, installer, mechanic or board tolls the statute of limitations for purposes of bringing an action to enforce any applicable warranty concerning the defect that is the subject of the written complaint.
[PL 2005, c. 344, §24 (AMD).]
SECTION HISTORY
PL 1977, c. 550, §1 (NEW). PL 1981, c. 152, §15 (RPR). PL 1993, c. 642, §30 (AMD). PL 2005, c. 344, §24 (AMD). PL 2017, c. 210, Pt. B, §23 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 11: HOUSING › Chapter 951: MANUFACTURED HOUSING ACT › Subchapter 4: COMPLAINTS › 10 §9052. Complaint investigation (REPEALED)

§9052. Complaint investigation
(REPEALED)
SECTION HISTORY
PL 1977, c. 550, §1 (NEW). PL 1981, c. 152, §15 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 11: HOUSING › Chapter 951: MANUFACTURED HOUSING ACT › Subchapter 4: COMPLAINTS › 10 §9053. Notification and correction of defects (REPEALED)

§9053. Notification and correction of defects
(REPEALED)
SECTION HISTORY
PL 1977, c. 550, §1 (NEW). PL 1981, c. 152, §15 (RP).