reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 63-A: MICROPIGMENTATION › 32 §4318. Penalties

§4318. Penalties
1.  Administrative penalty.
A person who fails to be licensed as provided by section 4312 or violates the sterilization, sanitation or safety standards adopted by the department under section 4313 is subject to an administrative penalty, imposed by the department, of not less than $500 nor more than $1,000 for each violation. Each day the violation remains uncorrected may be counted as a separate offense.
[PL 2023, c. 113, §7 (AMD).]
2.  Enforcement.
A person who fails to pay a penalty imposed pursuant to this chapter:
A. May be referred to the Attorney General for appropriate enforcement action; and   [PL 2013, c. 264, §16 (NEW).]
B. In addition to all fines and penalties imposed pursuant to this chapter, is liable for any interest, costs and fees incurred by the department, including attorney's fees.   [PL 2013, c. 264, §16 (NEW).]
[PL 2013, c. 264, §16 (NEW).]
3.  Schedule of penalties.
The department shall adopt major substantive rules in accordance with Title 5, chapter 375, subchapter 2‑A establishing a schedule of penalties according to the nature and duration of the violation of this section.
[PL 2023, c. 113, §8 (NEW).]
SECTION HISTORY
PL 2013, c. 264, §16 (NEW). PL 2023, c. 113, §§7, 8 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 63-A: MICROPIGMENTATION › 32 §4319. Right of entry, inspection and determination of compliance

§4319. Right of entry, inspection and determination of compliance
The department and any duly designated officer or employee of the department have the right, without an administrative inspection warrant, to enter upon and into the premises of any establishment licensed, or a place where a person licensed under this chapter practices, pursuant to this chapter at any reasonable time in order to determine the state of compliance with this chapter and any rules adopted by the department under this chapter. The right of entry and inspection extends to any premises that the department has reason to believe is being operated or maintained without a license or a place where a person licensed under this chapter practices, but no such entry and inspection of any premises or place may be made without the permission of the owner or person in charge unless a search warrant is obtained authorizing entry and inspection. Determination of compliance with this chapter and any rules adopted under this chapter must be made at least once every 2 years by inspection or other method as determined by the department.   [PL 2021, c. 125, §34 (NEW).]
SECTION HISTORY
PL 2021, c. 125, §34 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 64: BODY PIERCING › 32 §4321. Definitions

§4321. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1997, c. 206, §1 (NEW).]
1.  Body piercer.
"Body piercer" means a person who performs body piercing on another.
[PL 1997, c. 206, §1 (NEW).]
2.  Body piercing.
"Body piercing" means the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration. This includes, but is not limited to, piercing of an ear, lip, tongue, nose or eyebrow. "Body piercing" does not, for the purpose of this chapter, include piercing an earlobe with a disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the earlobe. Piercing in an area other than the earlobe, located at the lower end of the ear, is "body piercing" as defined in this subsection and subject to the licensing requirements of this chapter.
[PL 2007, c. 184, §1 (AMD).]
3.  Body piercing establishment.
"Body piercing establishment" means the premises where a body piercer performs body piercing.
[PL 1997, c. 206, §1 (NEW).]
4.  Department.
"Department" means the Department of Health and Human Services.
[PL 1997, c. 206, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
5.  Minor.
"Minor" means an individual under 18 years of age who is not emancipated as defined by Title 15, section 3003, subsection 6.
[PL 1997, c. 206, §1 (NEW).]
SECTION HISTORY
PL 1997, c. 206, §1 (NEW). PL 2003, c. 689, §B6 (REV). PL 2007, c. 184, §1 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 64: BODY PIERCING › 32 §4322. Safety standards

§4322. Safety standards
The department shall establish sterilization, sanitation and safety standards for persons engaged in the business of body piercing. The standards must be directed at establishment and maintenance of sterile conditions and safe disposal of instruments. The standards may be modified as appropriate to protect consumers from transmission of contagious diseases through cross-contamination of instruments and supplies. The standards must be adopted by the department by November 1, 1997.   [PL 1997, c. 206, §1 (NEW).]
SECTION HISTORY
PL 1997, c. 206, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 64: BODY PIERCING › 32 §4323. Body piercing of minors

§4323. Body piercing of minors
A body piercer may not perform body piercing on a minor unless the individual obtains the prior written consent of the minor's parent or legal guardian. The prohibition contained in this section does not apply if:   [PL 1997, c. 206, §1 (NEW).]
1.  Proper identification.
The body piercer has been furnished with proper identification showing that the individual is 18 years of age or older; and
[PL 1997, c. 206, §1 (NEW).]
2.  Age.
The body piercer reasonably believes such a minor to be 18 years of age or older.
[PL 1997, c. 206, §1 (NEW).]
SECTION HISTORY
PL 1997, c. 206, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 64: BODY PIERCING › 32 §4324. License required

§4324. License required
A person may not engage in the art of body piercing without first obtaining a license from the department.   [PL 1997, c. 206, §1 (NEW).]
1.  License renewal.
A license under this chapter may be renewed annually upon payment of the prescribed fee, including late fees, additional inspection fees and fines if assessed and subject to compliance with rules of the department and this chapter. The department shall provide licensees with notice of the need for renewal and necessary forms no less than 30 days prior to the expiration of a license.
[PL 2021, c. 125, §35 (NEW).]
2.  Conditional license.
When an applicant for initial licensure or license renewal is found, based upon an inspection by the department, not in compliance with this chapter or rules adopted pursuant to section 4326, the department may refuse issuance of the initial or renewal license, but shall issue a conditional license, except when conditions are found that present a serious danger to the health and safety of the public. Failure by the conditional licensee to meet the conditions specified by the department permits the department to void the conditional license. The applicant may reapply for an annual license if the conditional license is voided or expires; however, the department may not reissue another conditional license. All conditions must be met in order for an applicant to reapply for and be issued an annual license.
[PL 2021, c. 125, §36 (NEW).]
3.  Additional inspection fees.
When an additional inspection is required to determine an applicant's eligibility for licensure, the department is authorized to charge, in addition to the usual fees under section 4325 for one license, one licensure inspection and one follow-up inspection, an additional fee not to exceed $200 to cover the costs of each additional inspection or visit. The department may impose on the applicant a penalty assessment for the applicant's failure to pay an additional inspection fee within 30 days of the billing date.
[PL 2021, c. 125, §37 (NEW).]
SECTION HISTORY
PL 1997, c. 206, §1 (NEW). PL 2021, c. 125, §§35-37 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 64: BODY PIERCING › 32 §4325. Issuance of licenses

§4325. Issuance of licenses
The department may license persons to practice the art of body piercing. Licenses are issued annually by the department upon the payment of a fee not to exceed $250. The license for a person engaged in both the arts of tattooing, as defined by chapter 63, and body piercing may not exceed $300. The fee required by this section includes the cost of an annual inspection of the body piercing establishment by the department. Licenses expire one year from date of issue. All fees collected by the department pursuant to this section must be deposited into a special revenue account dedicated to a health inspection program.   [PL 2009, c. 589, §13 (AMD).]
SECTION HISTORY
PL 1997, c. 206, §1 (NEW). PL 2009, c. 589, §13 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 64: BODY PIERCING › 32 §4326. Rules

§4326. Rules
The department shall adopt rules necessary for regulating the art of body piercing. Rules adopted pursuant to this chapter are routine technical rules as defined by Title 5, chapter 375, subchapter II‑A.   [PL 1997, c. 206, §1 (NEW).]
SECTION HISTORY
PL 1997, c. 206, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 64: BODY PIERCING › 32 §4327. Penalties

§4327. Penalties
1.  Administrative penalty.
A person who fails to be licensed as provided by section 4324, violates the sterilization, sanitation or safety standards adopted by the department under section 4326 or performs body piercing on a minor without parental consent under section 4323 is subject to an administrative penalty, imposed by the department, of not less than $500 nor more than $1,000 for each violation. Each day the violation remains uncorrected may be counted as a separate offense.
[PL 2023, c. 113, §9 (AMD).]
2.  Enforcement.
A person who fails to pay a penalty imposed pursuant to this chapter:
A. May be referred to the Attorney General for appropriate enforcement action; and   [PL 2013, c. 264, §17 (NEW).]
B. In addition to all fines and penalties imposed pursuant to this chapter, is liable for any interest, costs and fees incurred by the department, including attorney's fees.   [PL 2013, c. 264, §17 (NEW).]
[PL 2013, c. 264, §17 (NEW).]
3.  Grounds for refusal, suspension or revocation.
The department may revoke, suspend or refuse to issue or renew a license under this chapter or place a licensee on probation if:
A. The applicant or licensee has been convicted of a crime related to the practice of body piercing;   [PL 2021, c. 125, §38 (NEW).]
B. The applicant or licensee has engaged in any deception or misrepresentation to the department or the public in applying for a license or license renewal under this chapter or in the advertising or practice of body piercing;   [PL 2021, c. 125, §38 (NEW).]
C. The applicant or licensee has demonstrated negligence or incompetence or has endangered the public in the practice of body piercing; or   [PL 2021, c. 125, §38 (NEW).]
D. The applicant or licensee has violated a rule adopted by the department under this chapter.   [PL 2021, c. 125, §38 (NEW).]
[PL 2021, c. 125, §38 (NEW).]
4.  Schedule of penalties.
The department shall adopt major substantive rules in accordance with Title 5, chapter 375, subchapter 2‑A establishing a schedule of penalties according to the nature and duration of the violation of this section.
[PL 2023, c. 113, §10 (NEW).]
SECTION HISTORY
PL 1997, c. 206, §1 (NEW). PL 2013, c. 264, §17 (RPR). PL 2021, c. 125, §38 (AMD). PL 2023, c. 113, §§9, 10 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 64: BODY PIERCING › 32 §4328. Compliance

§4328. Compliance
Beginning January 1, 1998, a person seeking to engage in the business of body piercing shall comply with the provisions of this chapter.   [PL 1997, c. 206, §1 (NEW).]
SECTION HISTORY
PL 1997, c. 206, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 64: BODY PIERCING › 32 §4329. Restriction

§4329. Restriction
This chapter does not restrict the activities of a physician or surgeon licensed under chapter 48.   [PL 1997, c. 206, §1 (NEW).]
SECTION HISTORY
PL 1997, c. 206, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 64: BODY PIERCING › 32 §4330. Right of entry, inspection and determination of compliance

§4330. Right of entry, inspection and determination of compliance
The department and any duly designated officer or employee of the department have the right, without an administrative inspection warrant, to enter upon and into the premises of any establishment licensed, or a place where a person licensed under this chapter practices, pursuant to this chapter at any reasonable time in order to determine the state of compliance with this chapter and any rules adopted by the department under this chapter. The right of entry and inspection extends to any premises that the department has reason to believe is being operated or maintained without a license or a place where a person licensed under this chapter practices, but no such entry and inspection of any premises or place may be made without the permission of the owner or person in charge unless a search warrant is obtained authorizing entry and inspection. Determination of compliance with this chapter and any rules adopted under this chapter must be made at least once every 2 years by inspection or other method as determined by the department.   [PL 2021, c. 125, §39 (NEW).]
SECTION HISTORY
PL 2021, c. 125, §39 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 65: TAXIDERMISTS; DEALERS IN SKINS AND FURS (REPEALED) › 32 §4351. Licenses for taxidermists (REPEALED)

§4351. Licenses for taxidermists
(REPEALED)
SECTION HISTORY
PL 1975, c. 590, §26 (AMD). PL 1979, c. 420, §6 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 65: TAXIDERMISTS; DEALERS IN SKINS AND FURS (REPEALED) › 32 §4352. Deer skins and heads (REPEALED)

§4352. Deer skins and heads
(REPEALED)
SECTION HISTORY
PL 1967, c. 147 (RPR). PL 1969, c. 425, §55 (AMD). PL 1971, c. 403, §46 (AMD). PL 1975, c. 590, §27 (AMD). PL 1979, c. 241, §1 (RPR). PL 1979, c. 420, §6 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 65: TAXIDERMISTS; DEALERS IN SKINS AND FURS (REPEALED) › 32 §4353. Licenses for dealers in furs (REPEALED)

§4353. Licenses for dealers in furs
(REPEALED)
SECTION HISTORY
PL 1975, c. 590, §28 (AMD). PL 1979, c. 241, §2 (RP). PL 1979, c. 420, §6 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 67: TRANSPORTATION OR CUTTING OF CHRISTMAS TREES (REPEALED) › Subchapter 1: GENERAL PROVISIONS › 32 §4401. Definitions (REPEALED)

§4401. Definitions
(REPEALED)
SECTION HISTORY
PL 1965, c. 226, §78 (AMD). PL 1979, c. 545, §22 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 67: TRANSPORTATION OR CUTTING OF CHRISTMAS TREES (REPEALED) › Subchapter 1: GENERAL PROVISIONS › 32 §4402. Owner's permission required (REPEALED)

§4402. Owner's permission required
(REPEALED)
SECTION HISTORY
PL 1965, c. 226, §78 (AMD). PL 1979, c. 545, §22 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 67: TRANSPORTATION OR CUTTING OF CHRISTMAS TREES (REPEALED) › Subchapter 1: GENERAL PROVISIONS › 32 §4403. Forgery (REPEALED)

§4403. Forgery
(REPEALED)
SECTION HISTORY
PL 1979, c. 545, §22 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 67: TRANSPORTATION OR CUTTING OF CHRISTMAS TREES (REPEALED) › Subchapter 1: GENERAL PROVISIONS › 32 §4404. Seizure or attachment (REPEALED)

§4404. Seizure or attachment
(REPEALED)
SECTION HISTORY
PL 1965, c. 226, §79 (AMD). PL 1979, c. 545, §22 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 67: TRANSPORTATION OR CUTTING OF CHRISTMAS TREES (REPEALED) › Subchapter 1: GENERAL PROVISIONS › 32 §4405. Federal quarantine regulations (REPEALED)

§4405. Federal quarantine regulations
(REPEALED)
SECTION HISTORY
PL 1965, c. 226, §79 (AMD). PL 1979, c. 545, §22 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 67: TRANSPORTATION OR CUTTING OF CHRISTMAS TREES (REPEALED) › Subchapter 1: GENERAL PROVISIONS › 32 §4406. Trees from out of State (REPEALED)

§4406. Trees from out of State
(REPEALED)
SECTION HISTORY
PL 1965, c. 226, §79 (AMD). PL 1979, c. 545, §22 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 67: TRANSPORTATION OR CUTTING OF CHRISTMAS TREES (REPEALED) › Subchapter 1: GENERAL PROVISIONS › 32 §4407. Yearly Christmas tree harvest or sale report (REPEALED)

§4407. Yearly Christmas tree harvest or sale report
(REPEALED)
SECTION HISTORY
PL 1965, c. 226, §80 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 67: TRANSPORTATION OR CUTTING OF CHRISTMAS TREES (REPEALED) › Subchapter 1: GENERAL PROVISIONS › 32 §4408. Enforcement agencies (REPEALED)

§4408. Enforcement agencies
(REPEALED)
SECTION HISTORY
PL 1965, c. 226, §81 (AMD). PL 1979, c. 541, §A207 (AMD). PL 1979, c. 545, §22 (RP). PL 1979, c. 663, §210 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 67: TRANSPORTATION OR CUTTING OF CHRISTMAS TREES (REPEALED) › Subchapter 2: REGISTRATION › 32 §4451. Registration required (REPEALED)

§4451. Registration required
(REPEALED)
SECTION HISTORY
PL 1965, c. 226, §82 (AMD). PL 1977, c. 567, §1 (AMD). PL 1977, c. 599 (RPR). PL 1979, c. 545, §22 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 67: TRANSPORTATION OR CUTTING OF CHRISTMAS TREES (REPEALED) › Subchapter 2: REGISTRATION › 32 §4452. Revocation; appeals; penalties (REPEALED)

§4452. Revocation; appeals; penalties
(REPEALED)
SECTION HISTORY
PL 1965, c. 226, §82 (AMD). PL 1977, c. 694, §§636,637 (AMD). PL 1979, c. 545, §22 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69: VENDORS › Subchapter 1: GENERAL PROVISIONS › 32 §4502. Exemptions (REPEALED)

§4502. Exemptions
(REPEALED)
SECTION HISTORY
PL 1973, c. 250, §1 (AMD). PL 1977, c. 440, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69: VENDORS › Subchapter 2: STATE LICENSE › 32 §4551. Deposit; license nontransferable; assistants (REPEALED)

§4551. Deposit; license nontransferable; assistants
(REPEALED)
SECTION HISTORY
PL 1973, c. 250, §2 (AMD). PL 1977, c. 440, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69: VENDORS › Subchapter 2: STATE LICENSE › 32 §4552. Proceedings (REPEALED)

§4552. Proceedings
(REPEALED)
SECTION HISTORY
PL 1973, c. 250, §3 (AMD). PL 1977, c. 440, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69: VENDORS › Subchapter 2: STATE LICENSE › 32 §4553. Vendor to notify Secretary of State of distress sales (REPEALED)

§4553. Vendor to notify Secretary of State of distress sales
(REPEALED)
SECTION HISTORY
PL 1977, c. 440, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69: VENDORS › Subchapter 2: STATE LICENSE › 32 §4555. Return of deposit on expiration (REPEALED)

§4555. Return of deposit on expiration
(REPEALED)
SECTION HISTORY
PL 1973, c. 250, §4 (AMD). PL 1977, c. 440, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69: VENDORS › Subchapter 2: STATE LICENSE › 32 §4556. Deposits subject to claims; order of preference (REPEALED)

§4556. Deposits subject to claims; order of preference
(REPEALED)
SECTION HISTORY
PL 1973, c. 250, §5 (AMD). PL 1977, c. 440, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69: VENDORS › Subchapter 3: LOCAL LICENSE › 32 §4602. Fee related to amount of stock; increase; scope of license (REPEALED)

§4602. Fee related to amount of stock; increase; scope of license
(REPEALED)
SECTION HISTORY
PL 1977, c. 440, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69: VENDORS › Subchapter 3: LOCAL LICENSE › 32 §4603. Failure to obtain license; penalty (REPEALED)

§4603. Failure to obtain license; penalty
(REPEALED)
SECTION HISTORY
PL 1977, c. 440, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69: VENDORS › Subchapter 4: VIOLATIONS AND PENALTIES › 32 §4651. Lack of license (REPEALED)

§4651. Lack of license
(REPEALED)
SECTION HISTORY
PL 1973, c. 250, §6 (AMD). PL 1977, c. 440, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69: VENDORS › Subchapter 5: CONSUMER SOLICITATION SALES › 32 §4661. Definitions

§4661. Definitions
As used in this subchapter, unless the context otherwise indicates, the following words shall have the following meanings.   [PL 1977, c. 696, §250 (NEW).]
1.  Consumer.
"Consumer" means any person who purchases or contracts for the purchase of merchandise for any purpose, except resale in the ordinary course of trade or business.
[PL 1969, c. 395 (NEW).]
2.  Merchandise.
"Merchandise" includes any objects, wares, goods, commodities, intangibles or services.
[PL 1969, c. 395 (NEW).]
2-A.  Permanent place of business.
"Permanent place of business" means the building or other permanently affixed structure, including a home residence, which is used in whole or in part for the purpose of engaging in sales of consumer merchandise.
[PL 1987, c. 202, §1 (NEW).]
3.  Person.
"Person" includes any individual, firm, copartnership, association, society, club, corporation, estate, trust and any agent, employee, salesman, partner, officer, director, member, stockholder or trustee thereof.
[PL 1969, c. 395 (NEW).]
4.  Sale.
"Sale" includes any sale, transfer, exchange or barter, offer for sale or attempt to sell any merchandise for cash or on credit.
[PL 1969, c. 395 (NEW).]
SECTION HISTORY
PL 1969, c. 395 (NEW). PL 1977, c. 696, §250 (AMD). PL 1987, c. 202, §1 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69: VENDORS › Subchapter 5: CONSUMER SOLICITATION SALES › 32 §4662. Contents of contract

§4662. Contents of contract
1.  Contract required.
When merchandise is sold or contracted to be sold, whether under a single contract or under multiple contracts, to a consumer as a result of or in connection with a seller's direct contact accomplished by means of and including, but not limited to, a personal visit or a telephone call upon the consumer, other than at the seller's place of business, without the consumer soliciting the initial contact, the contract must:
A. Be in writing;   [PL 2003, c. 452, Pt. R, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. Bear the signature of the seller and the consumer;   [PL 2003, c. 452, Pt. R, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
C. Contain the date of the transaction;   [PL 2003, c. 452, Pt. R, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
D. Contain the terms of the sale or offer;   [PL 2003, c. 452, Pt. R, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
E. Contain the name and the mailing address of the seller's permanent place of business;   [PL 2003, c. 452, Pt. R, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
F. Contain a statement of the consumer's right to avoid as provided in this subchapter; and   [PL 2003, c. 452, Pt. R, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
G. Contain a statement of the limitation contained in section 4664‑A.   [PL 2003, c. 452, Pt. R, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
The seller shall furnish a completely executed copy of the contract or agreement to the consumer immediately after the consumer signs the agreement or contract.
[PL 2003, c. 452, Pt. R, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
2.  Penalty.
The following penalties apply to violations of this section.
A. A seller who violates this section commits a Class E crime, which is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A.   [PL 2003, c. 452, Pt. R, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. A seller who intentionally violates this section commits a Class D crime.   [PL 2003, c. 452, Pt. R, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2003, c. 452, Pt. R, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 1969, c. 395 (NEW). PL 1977, c. 331 (RPR). PL 1981, c. 187, §3 (AMD). PL 1987, c. 202, §2 (AMD). PL 2003, c. 452, §R6 (RPR). PL 2003, c. 452, §X2 (AFF).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69: VENDORS › Subchapter 5: CONSUMER SOLICITATION SALES › 32 §4662-A. Frozen food contracts (REPEALED)

§4662-A. Frozen food contracts
(REPEALED)
SECTION HISTORY
PL 1991, c. 239, §2 (NEW). PL 1991, c. 750, §3 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69: VENDORS › Subchapter 5: CONSUMER SOLICITATION SALES › 32 §4663. Consumer's right of avoidance

§4663. Consumer's right of avoidance
Where merchandise is sold or contracted to be sold, whether under a single contract or under multiple contracts, to a consumer as a result of or in connection with a salesman's direct contact accomplished by means of and including, but not limited to, a personal visit or a telephone call, upon the consumer other than at the seller's place of business, without the consumer soliciting the initial contact or sale, the consumer may void the contract or sale by giving notice of his intention not to be bound by the contract or sale and returning or making available for return any merchandise delivered pursuant to the terms of this subchapter.   [PL 1977, c. 331 (RPR).]
SECTION HISTORY
PL 1969, c. 395 (NEW). PL 1977, c. 331 (RPR).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69: VENDORS › Subchapter 5: CONSUMER SOLICITATION SALES › 32 §4664. Notice

§4664. Notice
The consumer may avoid a contract or sale by giving written notice of avoidance to the seller by ordinary mail, postage prepaid, within 3 full business days following the day on which the contract or sale was made. The notice shall be sufficient if addressed to the seller at the address given on the contract or agreement. Notice of avoidance shall be effective upon deposit in the United States mail. The notice of avoidance given under this section need not take a particular form and is sufficient if it expresses the intention of the consumer not to be bound by the sale.   [PL 1969, c. 395 (NEW).]
In addition to any other right to avoid a contract or sale, the first-time buyer of a home food service plan has the right prior to delivery of the food or nonfood items to avoid the contract or sale until midnight of the 10th day after the date on which the buyer signs a contract subject to this subchapter. If the contract requires the seller to deliver a home food service plan, the seller shall allow the first-time buyer of a home food service plan to avoid the contract or sale subject to this subchapter, without charge, at the time of delivery of the food or nonfood items.   [PL 1991, c. 750, §4 (NEW).]
SECTION HISTORY
PL 1969, c. 395 (NEW). PL 1991, c. 750, §4 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69: VENDORS › Subchapter 5: CONSUMER SOLICITATION SALES › 32 §4664-A. Time of seller's performance

§4664-A. Time of seller's performance
1.  Performance after right to cancel.
If the contract requires the seller to affix merchandise permanently to real estate or its appurtenances, then the seller may not begin performance as long as the consumer has the right to cancel.
[PL 2003, c. 452, Pt. R, §7 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
2.  Penalty.
The following penalties apply to violations of this section.
A. A person who violates this section commits a Class E crime, which is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A.   [PL 2003, c. 452, Pt. R, §7 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. A person who intentionally violates this section commits a Class D crime.   [PL 2003, c. 452, Pt. R, §7 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2003, c. 452, Pt. R, §7 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 1981, c. 187, §4 (NEW). PL 2003, c. 452, §R7 (RPR). PL 2003, c. 452, §X2 (AFF).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69: VENDORS › Subchapter 5: CONSUMER SOLICITATION SALES › 32 §4665. Consumer's obligation

§4665. Consumer's obligation
Within 20 days of notification to the seller of the avoidance of a contract or sale as provided under this subchapter, the consumer upon demand shall tender to the seller any goods delivered to the buyer pursuant to the sale or contract but need not tender at any place other than his residence. If the seller fails to take possession of such goods within 20 days after cancellation, the goods shall become the property of the consumer without obligation to pay for them.   [PL 1971, c. 150, §1 (RPR).]
SECTION HISTORY
PL 1969, c. 395 (NEW). PL 1971, c. 150, §1 (RPR).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69: VENDORS › Subchapter 5: CONSUMER SOLICITATION SALES › 32 §4666. Seller's obligation

§4666. Seller's obligation
1.  Return upon avoidance.
If the seller is given written notice of avoidance by the consumer pursuant to this subchapter and any merchandise that has been delivered is returned or made available for return to the seller, the seller must return to the consumer within 15 days of the effective date of the notice of avoidance the full amount of any payment or down payment made or consideration given under the contract or sale for the merchandise.
[PL 2003, c. 452, Pt. R, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
2.  Penalty.
The following penalties apply to violations of this section.
A. A person who violates this section commits a Class E crime, which is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A.   [PL 2003, c. 452, Pt. R, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. A person who intentionally violates this section commits a Class D crime.   [PL 2003, c. 452, Pt. R, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2003, c. 452, Pt. R, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 1969, c. 395 (NEW). PL 2003, c. 452, §R8 (RPR). PL 2003, c. 452, §X2 (AFF).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69: VENDORS › Subchapter 5: CONSUMER SOLICITATION SALES › 32 §4667. Criminal penalties (REPEALED)

§4667. Criminal penalties
(REPEALED)
SECTION HISTORY
PL 1969, c. 395 (NEW). PL 1987, c. 202, §3 (AMD). PL 1995, c. 681, §2 (RPR). PL 2003, c. 452, §R9 (RP). PL 2003, c. 452, §X2 (AFF).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69: VENDORS › Subchapter 5: CONSUMER SOLICITATION SALES › 32 §4668. Limitation

§4668. Limitation
1.  Exclusions.
This subchapter does not apply to the following:
A. A sale where the gross sales price, including any interest or carrying charges, is less than $25;   [PL 2001, c. 276, §1 (NEW).]
B. A transaction regulated under Title 9‑A, sections 3‑501 to 3‑507;   [PL 2001, c. 276, §1 (NEW).]
C. A sale by a dealer or agent or salesman of a dealer registered pursuant to chapter 135 of stocks, bonds, debentures or securities representing stocks, bonds or debentures registered pursuant to chapter 135 or expressly exempt from registration pursuant to chapter 135;   [PL 2005, c. 65, Pt. C, §17 (AMD).]
D. A sale of insurance regulated under Title 24‑A, sections 2515‑A and 2717; or   [PL 2001, c. 276, §1 (NEW).]
E. A sale of credit services by a supervised lender, as defined in Title 9‑A, section 1‑301, subsection 39, or an agent or affiliate of a supervised lender to the extent the affiliate or agent is selling or offering to sell the credit services of the supervised lender. For purposes of this paragraph, "credit services" includes any extension of credit and any product or service that a supervised lender is authorized by law or regulation to sell in connection with or relating to an extension of credit, such as credit insurance and a debt cancellation policy. For the purposes of this paragraph, "affiliate" has the same meaning as that term is defined in Title 9‑B, section 131, subsection 1‑A. Transactions covered by this exemption are limited to those that become effective only after the consumer has affirmed the terms and conditions of the agreement by an acceptance initiated by the consumer.   [PL 2001, c. 276, §1 (NEW).]
[PL 2005, c. 65, Pt. C, §17 (AMD).]
SECTION HISTORY
PL 1969, c. 395 (NEW). PL 1969, c. 530 (AMD). PL 1971, c. 544, §§118-A (AMD). PL 1973, c. 762, §12 (AMD). PL 1977, c. 696, §251 (AMD). PL 2001, c. 276, §1 (RPR). PL 2005, c. 65, §C17 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69: VENDORS › Subchapter 5: CONSUMER SOLICITATION SALES › 32 §4669. Referral sales, rebate or discount violations

§4669. Referral sales, rebate or discount violations
No seller, in any sale subject to this subchapter, shall offer to pay a commission or give a rebate or discount to the buyer in consideration of the buyer's giving to the seller the names of prospective purchasers or otherwise aiding the seller in making a sale to another person, if the earning of the commission, rebate or discount is contingent upon an event that is to happen subsequent to the time the buyer agrees to buy.   [PL 1971, c. 150, §2 (NEW).]
SECTION HISTORY
PL 1971, c. 150, §2 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69: VENDORS › Subchapter 5: CONSUMER SOLICITATION SALES › 32 §4670. Violation as unfair trade practice

§4670. Violation as unfair trade practice
Any violation of this subchapter shall constitute a violation of Title 5, chapter 10, Unfair Trade Practices Act.   [PL 1973, c. 249 (NEW).]
SECTION HISTORY
PL 1973, c. 249 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69: VENDORS › Subchapter 5: CONSUMER SOLICITATION SALES › 32 §4671. Prohibited practices

§4671. Prohibited practices
A seller may not:   [PL 1991, c. 524, §4 (NEW).]
1.  Misrepresentations.
Misrepresent any material fact relating to the terms or conditions of sale;
[PL 1991, c. 524, §4 (NEW).]
2.  False impressions.
Create an impression that is false or the seller does not believe to be true; and
[PL 1991, c. 524, §4 (NEW).]
3.  False promises.
Promise performance that the seller does not intend to perform or knows will not be performed.
[PL 1991, c. 524, §4 (NEW).]
SECTION HISTORY
PL 1991, c. 524, §4 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69-A: TRANSIENT SALES (REPEALED) › 32 §4681. Definitions (REPEALED)

§4681. Definitions
(REPEALED)
SECTION HISTORY
PL 1977, c. 440, §2 (NEW). PL 1979, c. 191 (AMD). PL 1983, c. 285 (AMD). PL 1991, c. 239, §3 (AMD). PL 1991, c. 750, §5 (AMD). PL 1999, c. 386, §§N1,O1-4 (AMD). PL 2001, c. 324, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69-A: TRANSIENT SALES (REPEALED) › 32 §4682. State registration (REPEALED)

§4682. State registration
(REPEALED)
SECTION HISTORY
PL 1977, c. 440, §2 (NEW). PL 1977, c. 696, §384 (AMD). PL 1985, c. 763, §A85 (AMD). RR 1993, c. 1, §89 (COR). PL 2001, c. 324, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69-A: TRANSIENT SALES (REPEALED) › 32 §4682-A. Registrations (REPEALED)

§4682-A. Registrations
(REPEALED)
SECTION HISTORY
PL 1983, c. 236, §1 (NEW). PL 1985, c. 763, §A86 (AMD). PL 1991, c. 714, §11 (AMD). RR 1993, c. 1, §90 (COR). PL 1995, c. 681, §3 (AMD). PL 2001, c. 324, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69-A: TRANSIENT SALES (REPEALED) › 32 §4682-B. Disclosure of registration number and permanent place of business (REPEALED)

§4682-B. Disclosure of registration number and permanent place of business
(REPEALED)
SECTION HISTORY
PL 1985, c. 269 (NEW). PL 1985, c. 763, §A87 (AMD). RR 1993, c. 1, §91 (COR). PL 2001, c. 324, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69-A: TRANSIENT SALES (REPEALED) › 32 §4683. Local registration (REPEALED)

§4683. Local registration
(REPEALED)
SECTION HISTORY
PL 1977, c. 440, §2 (NEW). PL 1985, c. 763, §A88 (AMD). PL 2001, c. 324, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69-A: TRANSIENT SALES (REPEALED) › 32 §4684. Application (REPEALED)

§4684. Application
(REPEALED)
SECTION HISTORY
PL 1977, c. 440, §2 (NEW). PL 1983, c. 553, §46 (AMD). PL 1985, c. 590, §§1,2 (AMD). PL 1985, c. 763, §§A89,90 (AMD). RR 1993, c. 1, §§92-94 (COR). PL 2001, c. 324, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69-A: TRANSIENT SALES (REPEALED) › 32 §4684-A. Renewal application (REPEALED)

§4684-A. Renewal application
(REPEALED)
SECTION HISTORY
PL 1977, c. 440, §2 (NEW). PL 1979, c. 302, §6 (AMD). PL 1983, c. 236, §2 (AMD). PL 1983, c. 553, §46 (AMD). RR 1993, c. 1, §95 (COR). PL 2001, c. 324, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69-A: TRANSIENT SALES (REPEALED) › 32 §4685. Registration fee and security deposit (REPEALED)

§4685. Registration fee and security deposit
(REPEALED)
SECTION HISTORY
PL 1977, c. 440, §2 (NEW). PL 1977, c. 696, §§385,386 (AMD). PL 1983, c. 236, §3 (RPR). PL 1983, c. 553, §46 (AMD). PL 1985, c. 763, §A91 (AMD). PL 1991, c. 714, §12 (AMD). RR 1993, c. 1, §96 (COR). PL 1999, c. 685, §14 (AMD). PL 2001, c. 324, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69-A: TRANSIENT SALES (REPEALED) › 32 §4685-A. Waiver of Security deposit (REPEALED)

§4685-A. Waiver of Security deposit
(REPEALED)
SECTION HISTORY
PL 1977, c. 440, §2 (NEW). PL 1983, c. 553, §46 (AMD). PL 2001, c. 324, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69-A: TRANSIENT SALES (REPEALED) › 32 §4685-B. Revocation of right to waive security deposit (REPEALED)

§4685-B. Revocation of right to waive security deposit
(REPEALED)
SECTION HISTORY
PL 1977, c. 440, §2 (NEW). PL 1983, c. 553, §46 (AMD). RR 1993, c. 1, §97 (COR). PL 2001, c. 324, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69-A: TRANSIENT SALES (REPEALED) › 32 §4686. Expiration (REPEALED)

§4686. Expiration
(REPEALED)
SECTION HISTORY
PL 1977, c. 440, §2 (NEW). PL 1985, c. 763, §A92 (AMD). RR 1993, c. 1, §98 (COR). PL 2001, c. 324, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69-A: TRANSIENT SALES (REPEALED) › 32 §4687. Security deposit subject to claims; order of preference; return of security deposit (REPEALED)

§4687. Security deposit subject to claims; order of preference; return of security deposit
(REPEALED)
SECTION HISTORY
PL 1977, c. 440, §2 (NEW). PL 1985, c. 763, §A93 (AMD). RR 1993, c. 1, §99 (COR). PL 2001, c. 324, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69-A: TRANSIENT SALES (REPEALED) › 32 §4688. Violations and penalties (REPEALED)

§4688. Violations and penalties
(REPEALED)
SECTION HISTORY
PL 1977, c. 440, §2 (NEW). PL 1985, c. 763, §A94 (AMD). PL 1995, c. 681, §4 (RPR). PL 2001, c. 324, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69-A: TRANSIENT SALES (REPEALED) › 32 §4689. Service of process (REPEALED)

§4689. Service of process
(REPEALED)
SECTION HISTORY
PL 1977, c. 440, §2 (NEW). PL 1983, c. 553, §46 (AMD). RR 1993, c. 1, §100 (COR). PL 2001, c. 324, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69-A: TRANSIENT SALES (REPEALED) › 32 §4690. Prohibited practices (REPEALED)

§4690. Prohibited practices
(REPEALED)
SECTION HISTORY
PL 1991, c. 524, §5 (NEW). PL 2001, c. 324, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69-A: TRANSIENT SALES (REPEALED) › 32 §4690-A. Telemarketers (REPEALED)

§4690-A. Telemarketers
(REPEALED)
SECTION HISTORY
PL 1999, c. 694, §4 (NEW). PL 2001, c. 324, §1 (RP).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69-B: REGULATIONS OF THE SALE OF BUSINESS OPPORTUNITIES › 32 §4692. When disclosure statement must be provided

§4692. When disclosure statement must be provided
Seller shall provide all purchasers with a disclosure statement meeting the requirements of this chapter at the earliest of: at least 72 hours before the purchaser signs a business opportunity agreement; at least 72 hours before the purchaser makes payment of any consideration in connection with the sales or proposed sale of the business opportunity; or the first face-to-face meeting between the seller and the purchaser that is held for the purpose of discussing the sale or proposed sale of a business opportunity.   [PL 1991, c. 210, §2 (AMD).]
SECTION HISTORY
PL 1979, c. 571 (NEW). PL 1991, c. 210, §2 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69-B: REGULATIONS OF THE SALE OF BUSINESS OPPORTUNITIES › 32 §4694. Printed notice

§4694. Printed notice
The following notice shall appear, in conspicuous type, on the front page of the disclosure statement:
DISCLOSURE REQUIRED BY MAINE LAW
The information contained in this disclosure statement has not been verified by the State of Maine. The State has not reviewed and does not approve or endorse any business opportunity. The disclosure statement contains information which should be carefully read before agreeing to purchase a business opportunity.
[PL 1979, c. 571 (NEW).]
SECTION HISTORY
PL 1979, c. 571 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69-B: REGULATIONS OF THE SALE OF BUSINESS OPPORTUNITIES › 32 §4695. Bonds and escrow accounts

§4695. Bonds and escrow accounts
All sellers shall obtain either a surety bond issued by a surety company authorized to do business in this State or have established an escrow account with a licensed bank or savings institute located in this State. The surety bond or escrow account shall be in an amount of not less than $30,000.   [PL 1979, c. 571 (NEW).]
Any person who is damaged by a violation of any provision of this chapter, by the seller's breach of the contract for the business opportunity or by the seller's violation of Title 5, section 207, relating to the sale, offer for sale or promotion of a business opportunity may bring an action against the bond or escrow account to recover damages suffered. The Attorney General may bring an action against the bond or escrow account under Title 5, section 209, to recover damages relating to the sale or offer for sale of a business opportunity suffered by persons in this State. The aggregate liability of the surety or bank or savings institute shall be only for actual damages and shall not exceed the amount of the bond or escrow account.   [PL 1979, c. 571 (NEW).]
1.  Termination.
Such a bond or escrow account shall not be terminated, cancelled or returned to the seller until:
A. Twelve months following expiration of the seller's registration under section 4696; and   [PL 1979, c. 571 (NEW).]
B. The Securities Administrator certifies to the surety company issuing the bond or the licensed bank or savings institute holding the escrow account that it has no knowledge of any outstanding judgment, claims or notices of claims against the seller in this State.   [PL 1989, c. 542, §2 (AMD).]
[PL 1989, c. 542, §2 (AMD).]
2.  Exception.
No seller maintaining a permanent place of business in this State shall be required either to maintain an escrow account or bond or to issue the disclosure contained in section 4693, subsection 2.
[PL 1979, c. 571 (NEW).]
SECTION HISTORY
PL 1979, c. 571 (NEW). PL 1985, c. 597, §2 (AMD). PL 1989, c. 542, §2 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69-B: REGULATIONS OF THE SALE OF BUSINESS OPPORTUNITIES › 32 §4696. Registration

§4696. Registration
Every seller shall register with the Securities Administrator prior to selling, offering to sell, advertising or undertaking any other act relating to the promotion of business opportunities in this State. Registration shall be complete upon paying a $25 fee, filing a copy of the disclosure statement required by section 4692 and providing evidence of a bond or escrow account satisfying the requirements of section 4695. The seller shall update the disclosure statement as material information changes.   [PL 1989, c. 542, §3 (AMD).]
SECTION HISTORY
PL 1979, c. 571 (NEW). PL 1985, c. 597, §3 (AMD). PL 1989, c. 542, §3 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69-B: REGULATIONS OF THE SALE OF BUSINESS OPPORTUNITIES › 32 §4697. Renewal of registration

§4697. Renewal of registration
A registration is effective for one year commencing on the date of effectiveness. A seller may annually renew the registration by paying a $10 fee, filing a copy of a current disclosure statement and providing evidence of a bond or escrow account satisfying the requirements of section 4695. Failure to renew at the close of the one-year period of effectiveness results in expiration of the registration.   [PL 1991, c. 210, §6 (AMD).]
SECTION HISTORY
PL 1979, c. 571 (NEW). PL 1991, c. 210, §6 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 69-B: REGULATIONS OF THE SALE OF BUSINESS OPPORTUNITIES › 32 §4698. Right of avoidance

§4698. Right of avoidance
A purchaser may avoid a contract for the purchase of a business opportunity by giving written notice of avoidance to the seller, by ordinary mail postage prepaid within 3 full business days following the day on which the contract was made. The notice shall be sufficient if addressed to the seller at the address given either in the disclosure statement or on the contract. Notice of avoidance shall be effective upon deposit in the United States mail. The notice of avoidance need not take a particular form and is sufficient if it expresses the intention of the purchaser not to be bound by the contract.   [PL 1979, c. 571 (NEW).]
1.  Return of goods.
Within 20 days after a notice of avoidance is effective, the purchaser shall tender to the seller any goods or commodities delivered to the purchaser pursuant to the contract. Tender is sufficient if the purchaser makes the goods or commodities available to the seller at the purchaser's residence or business. If the seller fails to take possession of the goods or commodities within 20 days after the notice of avoidance is effective, the goods or commodities become the property of the purchaser without obligation to pay for them.
[PL 1991, c. 210, §7 (AMD).]
2.  Return of funds.
Within 20 days after a notice of avoidance is effective, the seller shall return to the purchaser the full amount of any fees or deposits which were given by the purchaser to the seller or an affiliated person under the contract, unless the purchaser refuses to tender goods or commodities pursuant to subsection 1.
[PL 1979, c. 571 (NEW).]
SECTION HISTORY
PL 1979, c. 571 (NEW). PL 1991, c. 210, §7 (AMD).