reglab/statecodes huggingface dataset:
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 457 - FINANCE AUTHORITY OF MAINE (FAME) › Chapter 619 - FOREIGN CREDENTIALING AND SKILLS RECOGNITION REVOLVING LOAN PROGRAM › Section 457-619-4 - LOANS

Current through 2024-29, July 17, 2024
A. Loans under the program must conform to
				the following requirements:
1. A loan to any
				individual for eligible costs may not exceed $700, but this limit may be
				adjusted upward by the Authority from time to time to reflect inflation or cost
				of living or other necessary adjustments. No individual who receives more than
				one program loan may receive more than $700 (or such other amount as may have
				been set by the Authority) in the aggregate;
2. Loans are not subject to interest but are
				subject to a loan origination fee due to the Authority as set forth in the loan
				agreement of 5% of the total loan amount;
3. Loans must be repaid in full within 18
				months of disbursement by the Authority with interim payments to be made on a
				schedule established by the Authority and acceptable to the borrower, except
				that:
(a) In any case of demonstrable
				hardship, the Authority may, in its discretion, allow extensions of time for
				repayment or other flexibility in repayment terms; and
(b) Repayment of a loan may not be required
				until at least sixty days after the borrower has obtained a work permit, except
				that, if the borrower has obtained a work permit but has not obtained
				employment, repayment may not be required until at least thirty days after the
				borrower has obtained employment as long as the borrower is in compliance with
				the provisions of
				22 M.R.S.A.
				§4316-A.
4. In no event may any person charge an
				applicant a user fee for providing assistance with preparing and/or submitting
				an application to the program.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 457 - FINANCE AUTHORITY OF MAINE (FAME) › Chapter 619 - FOREIGN CREDENTIALING AND SKILLS RECOGNITION REVOLVING LOAN PROGRAM › Section 457-619-5 - DEFAULT

Current through 2024-29, July 17, 2024
If a payment is not made within thirty days following the due
				  date, the Authority may declare the loan in default and give the borrower
				  thirty days to cure the default. If the borrower fails to cure the default
				  after thirty days' notice, the Authority may declare the entire loan balance
				  due and payable and take legal action to enforce the loan documents, and shall
				  be entitled to collect reasonable attorney's fees if permitted by law.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 457 - FINANCE AUTHORITY OF MAINE (FAME) › Chapter 619 - FOREIGN CREDENTIALING AND SKILLS RECOGNITION REVOLVING LOAN PROGRAM › Section 457-619-6 - DEFERMENT

Current through 2024-29, July 17, 2024
Deferments during the repayment period may be granted by the
				  Chief Executive Officer. A written request must be made to the Chief Executive
				  Officer requesting a deferment by a borrower. The request must state the
				  justification for the deferment and must include all supporting documentation.
				  Deferments will be decided on a case-by-case basis. The decision of the Chief
				  Executive Officer shall be final. Deferments may be granted for each of the
				  following reasons:
(1) The temporary
				disability of the borrower;
(2) The
				borrower's temporary inability to meet the requirements necessary to repay the
				loan. A temporary economic hardship may be established by providing evidence
				that the borrower's income is below 150% of the Federal Poverty Level as
				determined annually by the U.S. Department of Health & Human Services, such
				as proof of current receipt of: General Assistance as defined by
				22 M.R.S.A.
				§4301(7); Supplemental
				Nutrition Assistance Program (SNAP) benefits through the U.S. Department of
				Agriculture; Temporary Assistance for Needy Families (TANF) benefits through
				the U.S. Department of Health & Human Services; or MaineCare benefits
				through the state of Maine or any successor program to any of the
				foregoing;
(3) The demonstration of
				the borrower that immediate repayment of the loan will cause an undue hardship,
				as determined by the Chief Executive Officer;
(4) Such other reasons as the Chief Executive
				Officer may approve.
A deferment will not ordinarily be granted for a period
				  greater than six months. Deferments may be granted for up to three months at a
				  time, but in no event shall more than two three-month deferments be granted.
				  Upon request of the borrower, the chief executive officer may renew any
				  deferment on a case-by-case basis.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 457 - FINANCE AUTHORITY OF MAINE (FAME) › Chapter 619 - FOREIGN CREDENTIALING AND SKILLS RECOGNITION REVOLVING LOAN PROGRAM › Section 457-619-7 - ADMINISTRATIVE COSTS

Current through 2024-29, July 17, 2024
The Authority may, in addition to any loan origination fees
				  assessed under Section
				  4(A)(2), charge the
				  fund for its reasonable administrative costs, not to exceed 5% annually of the
				  fund balance, for its administration of the fund.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 457 - FINANCE AUTHORITY OF MAINE (FAME) › Chapter 619 - FOREIGN CREDENTIALING AND SKILLS RECOGNITION REVOLVING LOAN PROGRAM › Section 457-619-8 - WAIVER OF RULE

Current through 2024-29, July 17, 2024
The chief executive officer may waive any requirement of this
				  rule, except to the extent that the requirement is mandated by the governing
				  program statute, in cases where the deviation from the rule is insubstantial
				  and is not contrary to the purposes of the program.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 457 - FINANCE AUTHORITY OF MAINE (FAME) › Chapter 620 - MAINE HEALTH CARE PROVIDER LOAN REPAYMENT PILOT PROGRAM › Section 457-620-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
A. Certain terms used in this rule, which are
				defined in the
Finance Authority of Maine Act
,
				10 M.R.S.A.
				§961
et seq
., shall
				have the meanings set forth therein, unless clearly specified otherwise or
				unless the context clearly indicates otherwise.
B. Defined Terms:
1. "Authority" means the Finance Authority of
				Maine
2. "Chief Executive Officer"
				means the chief executive officer of the Authority or a person acting under the
				supervisory control of the chief executive officer.
3. "Employer" means a Maine-based
				organization that employs eligible health care providers.
4. "Fund" means the Maine Health Care
				Provider Loan Repayment Pilot Program Fund established by P.L. 2021, Ch. 483
				(Part H, Section H-2), to make loan repayments to eligible program participants
				to address critical workforce shortages exacerbated by the COVID-19 pandemic,
				including, but not limited to, the behavioral health and oral care sectors.
5. "Health care provider" means a
				person licensed and/or certified by the State of Maine as a medical, dental or
				behavioral health practitioner and performing within the scope of their
				practice as defined by state law or a person with a professionally recognized
				medical, dental or behavioral health credential.
6. "Participant" means any individual
				selected by the Authority who has entered into a loan repayment agreement for
				participation under the program.
7.
				"Program" means the Maine Health Care Provider Loan Repayment Pilot Program,
				established pursuant to P.L. 2021, Ch. 483 (Part H, Section H-1), for certain
				health care professionals who commit to living and working in Maine for at
				least three years. The Program is established to make loan repayments to
				eligible program participants to address critical workforce shortages
				exacerbated by the COVID-19 pandemic, including, but not limited to, the
				behavioral health and oral care sectors. Under the program, the Authority shall
				pay up to $25,000 per year or, in aggregate, the lesser of $75,000 or 50% of
				the recipient's outstanding loan balance.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 457 - FINANCE AUTHORITY OF MAINE (FAME) › Chapter 620 - MAINE HEALTH CARE PROVIDER LOAN REPAYMENT PILOT PROGRAM › Section 457-620-2 - LOAN REPAYMENT PROGRAM

Current through 2024-29, July 17, 2024
A.
Application
An applicant shall apply for a loan on forms designated by
				  the Authority. Applications for a loan repayment agreement must be received at
				  the Authority on or before the applicable deadline as set by the Authority.
				  Applications will be considered by the Authority as long as sufficient funds
				  remain in the fund.
To be considered for an award under this chapter, as part of
				  the application, the applicant must submit documentation, in a manner
				  identified by the authority, validating:
(1) The applicant's outstanding student loan
				balance upon application;
(2)
				Remaining number of payments left on current student loan balance;
(3) Current payment amounts on the student
				loan, including information on any federal student loan repayment plan
				described in
20 United States Code
, Section 1098 e;
(4) Copy of health provider's licensure or
				certification in Maine;
(5)
				Employment: Submit an employer certification form certifying the applicant's
				employment status and salary or hourly wage; and
(6) Intention to work in field: Submit a
				signed statement of intent in a form acceptable to the authority to work in the
				applicant's identified health care profession in the State and establish
				residency in the state for a minimum of three years after acceptance into the
				program.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 457 - FINANCE AUTHORITY OF MAINE (FAME) › Chapter 620 - MAINE HEALTH CARE PROVIDER LOAN REPAYMENT PILOT PROGRAM › Section 457-620-3 - PROGRAM TERMINATION

Current through 2024-29, July 17, 2024
The program terminates when the funds allocated pursuant to
				  P.L. 2021, Ch. 483 (Part H), to the Fund are fully expended or by December 31,
				  2024, whichever occurs first, unless other funding is made available to carry
				  out the purpose of the program.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 457 - FINANCE AUTHORITY OF MAINE (FAME) › Chapter 620 - MAINE HEALTH CARE PROVIDER LOAN REPAYMENT PILOT PROGRAM › Section 457-620-4 - ADMINISTRATIVE COSTS

Current through 2024-29, July 17, 2024
The Authority's costs and expenses of maintaining, servicing
				  and administering the Maine fund and of administering the program may be paid
				  out of amounts in the fund.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 457 - FINANCE AUTHORITY OF MAINE (FAME) › Chapter 620 - MAINE HEALTH CARE PROVIDER LOAN REPAYMENT PILOT PROGRAM › Section 457-620-5 - WAIVER OF RULE

Current through 2024-29, July 17, 2024
The chief executive officer may waive any requirement of this
				  rule, except to the extent that the requirement is mandated by the governing
				  program statute, in cases where the deviation from the rule is insubstantial
				  and is not contrary to the purposes of the program.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 591 - MOTOR CARRIER REVIEW BOARD › Chapter 1 - BYLAWS OF THE MAINE MOTOR CARRIER REVIEW BOARD › Section 591-1-1 - Powers and Duties

Current through 2024-29, July 17, 2024
1. The seven-member
				Board was created by the 1st regular session of the 117th Legislature to review
				the records of motor carriers with significant and repeated motor carrier
				violations. The Board's composition as well as its powers and duties are
				defined in 29-A M.R.S. §562.
2. The Board shall advise the Secretary of
				State on matters related to motor carrier safety, including advising the
				Secretary of State on a methodology for the Secretary to use to review motor
				carriers for the purpose of suspending carriers with significant and repeated
				motor carrier violations.
3. The
				Board shall hold a hearing upon the appeal of any motor carrier (a) whose
				privilege to operate a commercial motor vehicle has been suspended by the
				Secretary of State upon the recommendation by the Bureau of Motor Vehicles
				("Bureau") or (b) whose privilege to operate a commercial motor vehicle has
				been suspended by the Secretary of State pursuant to section 29-A M.R.S.
				§2458(2). The Board's decision shall include a recommendation that the
				Secretary of State uphold, modify or rescind a suspension. The hearing shall be
				conducted in accordance with the
Maine Administrative Procedure
				Act
and rules adopted by the Board.
4. Upon the request of the Bureau or a motor
				carrier, the Board shall hold a hearing to determine whether a motor carrier
				has satisfied conditions imposed by the Secretary of State for reinstatement of
				the motor carrier's privilege to operate a commercial motor vehicle. The
				Board's decision shall include a recommendation that the Secretary of State
				reinstate, establish the conditions for, or deny the request for
				reinstatement.
5. The Board may
				utilize information provided by the Government of the United States; of the
				State of Maine, or any other state; the Government of Canada, or any Canadian
				Province; and any Department, or any other entity as needed to properly study
				the operations of a motor carrier under review.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 591 - MOTOR CARRIER REVIEW BOARD › Chapter 1 - BYLAWS OF THE MAINE MOTOR CARRIER REVIEW BOARD › Section 591-1-2 - Meetings

Current through 2024-29, July 17, 2024
1. The Board shall hold a hearing no later
				than thirty (30) days of receipt of an appeal by a motor carrier whose
				privilege to operate a commercial motor vehicle has been suspended by the
				Secretary of State to determine whether to uphold, modify or rescind a
				suspension. The principal location will be at the Bureau's main office in
				Augusta, but meetings may be held in any location that is deemed convenient by
				a majority of the Board.
2. The
				Board shall meet quarterly or more frequently as may be necessary to consider
				appeals and such other matters brought to its attention and are related to
				motor carrier safety. Subject to the provision of the
Freedom of Access
				Act
, 1 M.R.S. §401, et al. seq. Board members may participate in
				the meeting by teleconference.
3.
				Meetings shall be guided by
Robert's Rules of Order
.
4. Meetings shall be recorded. Meeting
				minutes shall be prepared and circulated to Board members prior to the next
				meeting.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 591 - MOTOR CARRIER REVIEW BOARD › Chapter 1 - BYLAWS OF THE MAINE MOTOR CARRIER REVIEW BOARD › Section 591-1-3 - Quorum and Voting

Current through 2024-29, July 17, 2024
1. A quorum must be
				present to make any decision. Four Board members constitutes a
				quorum.
2. Decisions shall be made
				by majority vote, except as otherwise required by the rules or
Robert's
				Rules of Order
.
3. As long
				as a quorum is physically present, other Board members may participate, but not
				vote by teleconference.
4. There
				shall be no proxy voting.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 591 - MOTOR CARRIER REVIEW BOARD › Chapter 1 - BYLAWS OF THE MAINE MOTOR CARRIER REVIEW BOARD › Section 591-1-4 - Compensation

Current through 2024-29, July 17, 2024
1. Each Board member shall be entitled to
				compensation for reasonable expenses in accordance with the provisions of 5
				M.R.S. Chapter 379.
2. Requests for
				compensation shall be submitted to the Bureau of Motor Vehicles for
				approval.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 591 - MOTOR CARRIER REVIEW BOARD › Chapter 1 - BYLAWS OF THE MAINE MOTOR CARRIER REVIEW BOARD › Section 591-1-5 - Conflict of Interest

Current through 2024-29, July 17, 2024
1. Each Board
				member must declare on the record any potential conflict of interest the member
				may have in a carrier under review by the Board.
2. By majority vote of all members at the
				meeting, the Board may exclude a member who has an actual conflict of interest
				in the carrier under review.
3. Any
				member may excuse himself or herself when the Board member feels that he or she
				has a potential conflict of interest.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 591 - MOTOR CARRIER REVIEW BOARD › Chapter 2 - THE PROCESS FOR THE SELECTION AND REVIEW OF MOTOR CARRIERS WITH SIGNIFICANT AND REPEATED SAFETY VIOLATIONS › Section 591-2-1 - Purpose

Current through 2024-29, July 17, 2024
1. The purpose of this chapter is to set
				forth the process for the suspension of a motor carrier's privilege to operate
				a commercial motor vehicle in the State of Maine.
2. This chapter:
A. Establishes the process to be used in
				developing a list of carriers to be selected for suspension of motor carrier's
				privilege to operate a commercial motor vehicle in the State of
				Maine;
B. Sets forth the conditions
				for suspension of a motor carrier's privilege to operate a commercial motor
				vehicle in the State of Maine; and
C. Establishes the carrier notification
				process.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 591 - MOTOR CARRIER REVIEW BOARD › Chapter 2 - THE PROCESS FOR THE SELECTION AND REVIEW OF MOTOR CARRIERS WITH SIGNIFICANT AND REPEATED SAFETY VIOLATIONS › Section 591-2-2 - Definitions

Current through 2024-29, July 17, 2024
The following definitions apply to the entire rule. Any
				  undefined terms shall have the same meaning as in Title 29-A of the
Maine Revised Statutes
.
1.
ACCIDENT
: means a reportable
				accident as defined in
				29-A M.R.S.
				§2251.
2.
BEHAVIOR ANALYSIS AND SAFETY
				IMPROVEMENT CATEGORIES (BASICs
): means the seven carrier and driver
				behavior categories used by the Federal Motor Carrier Safety Administration's
				Safety Measurement System (SMS) to quantify the on-road safety performance of
				carriers and drivers to identify candidates for interventions, discover and
				target specific safety problems unique to a carrier or driver, and monitor
				safety problems throughout the intervention process. The seven BASICs are as
				follows:
A.
Unsafe Driving
-
				operation of a commercial motor vehicle by a driver in a dangerous or careless
				manner;
B.
Fatigued
				Driving
- operation of a commercial motor vehicle by a driver who is
				ill, fatigued, or in non-compliance with the Hours of Service
				regulations;
C.
Driver
				Fitness
- operation of a commercial motor vehicle by a driver who is
				unfit to operate a commercial motor vehicle due to lack of training,
				experience, or medical qualifications;
D.
Controlled Substances/Alcohol
- operation of a commercial motor vehicle by a driver who is impaired due to
				alcohol, illegal drugs, and misuse of prescription or over-the-counter
				medications;
E.
Vehicle
				Maintenance
- failure to properly maintain a commercial motor
				vehicle;
F.
Cargo-Related
- failure to properly prevent shifting loads,
				spilled or dropped cargo, overloading, and unsafe handling of hazardous
				materials on a commercial motor vehicle; and
G.
Crash Indicator
- commercial
				motor vehicle operation with a history or pattern of high crash involvement,
				including frequency and severity.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 591 - MOTOR CARRIER REVIEW BOARD › Chapter 2 - THE PROCESS FOR THE SELECTION AND REVIEW OF MOTOR CARRIERS WITH SIGNIFICANT AND REPEATED SAFETY VIOLATIONS › Section 591-2-3 - Communications

Current through 2024-29, July 17, 2024
1. All communications and document
				submissions shall be addressed to Motor Carrier Review Board, Bureau of Motor
				Vehicles, 29 State House Station, Augusta, Maine 04333-0029.
2. All communications and document
				submissions are deemed to be officially received when delivered to the Motor
				Carrier Review Board staff at the Bureau of Motor Vehicles Main Office in
				Augusta, Maine.
3. The contact
				information for the Motor Carrier Review Board is as follows:
A. Telephone: (207) 624-9000 ext.
				52131;
B. Fax: (207)
				622-5332.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 591 - MOTOR CARRIER REVIEW BOARD › Chapter 2 - THE PROCESS FOR THE SELECTION AND REVIEW OF MOTOR CARRIERS WITH SIGNIFICANT AND REPEATED SAFETY VIOLATIONS › Section 591-2-4 - Method of Selection and Threshold limits for Suspension

Current through 2024-29, July 17, 2024
1. The Bureau, on a quarterly basis, shall
				prepare a list of motor carriers that meet or exceed the threshold limits for
				suspension of their privilege to operate a commercial motor vehicle in the
				state (the "Suspension List"). The list shall be compiled using the Federal
				Motor Carrier Safety Administrations CSA severity weights, adjudicated
				violations, driver violations and other relevant carrier and driver
				information. The "Threshold Limit" for suspension and warning shall be
				established by Bureau policy and periodically reviewed.
2. The Bureau may at the request of the
				Secretary of State, FMCSA, the Commanding Officer of the Maine State Police
				Commercial Enforcement Unit or based on an adverse report, calculate relevant
				statistical information to determine if a carrier has met the threshold limits
				outside the quarterly time schedule, and include additional carriers on the
				suspension list.
3. When available,
				individual driver violations and serious driver violations will be included in
				the violation history for a carrier.
4. A severity factor point value is assigned
				to each violation using the CSA severity weights assigned to all Federal Motor
				Carrier Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMRs)
				that can lead to roadside violations. The severity factor point value assigned
				to a roadside violation will be equal to the CSA severity weight assigned to
				the regulation violated (See FMCSA's Safety Measurement System (SMS)
				Methodology). The severity factor point values assigned to adjudicated
				violations not assigned a CSA severity weight can be found in Appendix
				A.
5. After compilation,
				calculation and analysis of relevant data, the Bureau shall select from the
				Suspension List those carriers to recommend to the Secretary of State that
				their privilege to operate a commercial motor vehicle be suspended.
6. The Secretary of State shall act on the
				recommendation of the Bureau within fifteen days of receipt of the
				recommendation.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 591 - MOTOR CARRIER REVIEW BOARD › Chapter 2 - THE PROCESS FOR THE SELECTION AND REVIEW OF MOTOR CARRIERS WITH SIGNIFICANT AND REPEATED SAFETY VIOLATIONS › Section 591-2-5 - Warning Letter

Current through 2024-29, July 17, 2024
1. After
				compilation, calculation and analysis of relevant data, the Bureau may issue a
				Warning Letter to those carriers whose safety record indicates the carrier is
				at risk of having the Secretary suspend its privilege to operate a commercial
				motor vehicle.
2. The Warning
				Letter shall include the basis for the determination that the carrier's
				privilege to operate a commercial motor vehicle is at risk and to recommend to
				the carrier actions that carrier should consider in order to improve its safety
				record.
3. The Warning Letter shall
				further state that the Bureau will review the carrier's safety record again no
				later than the next scheduled quarterly review or sooner if circumstances
				warrant.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 591 - MOTOR CARRIER REVIEW BOARD › Chapter 2 - THE PROCESS FOR THE SELECTION AND REVIEW OF MOTOR CARRIERS WITH SIGNIFICANT AND REPEATED SAFETY VIOLATIONS › Section 591-2-6 - Notification of Motor Carriers

Current through 2024-29, July 17, 2024
1. The Secretary of
				State shall notify a motor carrier by certified mail of the suspension of the
				carrier's privilege to operate a commercial motor vehicle.
2. The notice shall state that the carrier
				has fifteen (15) days from the date of the letter to appeal to the Board the
				decision of the Secretary of State to suspend the carrier's privilege to
				operate a commercial motor vehicle in the State of Maine.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 591 - MOTOR CARRIER REVIEW BOARD › Chapter 2 - THE PROCESS FOR THE SELECTION AND REVIEW OF MOTOR CARRIERS WITH SIGNIFICANT AND REPEATED SAFETY VIOLATIONS › Section 591-2-7 - Inter-Agency Cooperation

Current through 2024-29, July 17, 2024
1. The Board will
				cooperate with federal and state agencies when there are specific requests to
				meet common goals.
2. Any request
				for the Board to review a specific motor carrier that is initiated by FMCSA,
				the Maine Secretary of State, or the commanding officer of the Maine State
				Police Commercial Enforcement Unit will result in the selection of the motor
				carrier for a preliminary review regardless of the carrier's calculated RSR or
				number of serious violations.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 591 - MOTOR CARRIER REVIEW BOARD › Chapter 2 - THE PROCESS FOR THE SELECTION AND REVIEW OF MOTOR CARRIERS WITH SIGNIFICANT AND REPEATED SAFETY VIOLATIONS › Appendix 591-2-A - MOTOR CARRIER REVIEW BOARD RELATIVE SEVERITY FACTOR RATINGS FOR AJUDICATED VIOLATIONS OR NO ASSOCIATED FEDERAL REGULATION VIOLATION MAINE LAW SEVERITY FACTOR

Current through 2024-29, July 17, 2024
VIOLATION
MAINE
							 LAW
SEVERITY FACTOR
AGGRAVATED GROSS WEIGHT
29-A
							 §2361-A
7
EXCESS VEHICLE WEIGHT
29-A §2360
4
OPERATING BEYOND ROAD RESTRICTIONS
29-A
							 §2395
4
TOWING OVERWIDTH TRAILER W/O PERMIT
29-A
							 §§2381, 2382
4
OPERATING OVER POSTED WEIGHT
29-A
							 §2395
4
OPERATING OVER WIDTH
29-A §§2380,
							 2381
3
OPERATING OVER HEIGHT
29-A §§2380,
							 2381
3
OPERATING OVER LENGTH
29-A §§2381,
							 2390
3
SEMITRAILER NOT PROPERLY MARKED
							 W/LIGHTS/WARNINGS
29-A §2390(1)(J)(5)
3
FAILURE TO PROVIDE EVIDENCE OF INSURANCE
29-A §1601
2
OPERATING BEYOND OVERLIMIT PERMIT
29-A
							 §2382
2
FAILURE TO STOP AT WEIGH STATION
29-A
							 §2358
2
EXPIRED INSPECTION
29-A-§§1751,
							 1753, 1758
1
EVASION REGISTRATION FEES TAXES
29-A
							 §514
1
ILLEGAL ATTACHMENT OF PLATES
29-A
							 §2104
1
FAILURE TO SURRENDER SUSPENDED
							 LICENSE/REGISTRATION
29-A §2458
1
OPERATING INTRASTATE COMMERCIAL WITHOUT
							 REGISTRATION
29-A §109(3)
1
FAILURE TO DISPLAY FUEL DECAL
29-A
							 §525
1
FAILURE TO SURRENDER FUEL DECAL
29-A
							 §2458
1
FAILURE TO COMPLY WITH IRP
29-A
							 §532
1
FAILURE TO COMPLY WITH UCR
29-A
							 §551
1
FAILURE TO REPORT ACCIDENT - CMV
29-A
							 §2251
1
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 591 - MOTOR CARRIER REVIEW BOARD › Chapter 3 - HEARING PROCEDURES › Section 591-3-1 - Purpose

Current through 2024-29, July 17, 2024
This rule sets forth the procedures to be followed by the
				  Board when a hearing is conducted regarding a carrier's appeal from the
				  suspension of its privilege to operate a commercial motor vehicle or a request
				  for reinstatement of the privilege.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 591 - MOTOR CARRIER REVIEW BOARD › Chapter 3 - HEARING PROCEDURES › Section 591-3-2 - Procedures in General

Current through 2024-29, July 17, 2024
1. The Board shall
				conduct hearings in accordance with the
Maine Administrative Procedure
				Act
, 5 M.R.S. §401
et seq
.("APA"),
				29-A M.R.S.
				§§111 and
				112 and rules
				adopted by the Board.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 591 - MOTOR CARRIER REVIEW BOARD › Chapter 3 - HEARING PROCEDURES › Section 591-3-3 - Notice of Hearing

Current through 2024-29, July 17, 2024
The Board shall provide notice of the hearing to the carrier
				  pursuant to the APA.
1. The notice
				shall include a statement that the hearing is conducted pursuant to the Board's
				authority set forth in
				29-A M.R.S
				§562 and Chapters 2 and 3 of the Board's
				Rules.
2. The notice shall include
				a statement that the hearing is being conducted to review the decision of the
				Secretary of State to suspend a carrier's privilege to operate a commercial
				motor vehicle in the state; that the Board, upon the basis of the operating and
				safety record of the carrier, will determine what action, if any, shall be
				taken with regard to the carrier's privilege to operate a commercial motor
				vehicle in the state; and that the Board will make a recommendation to the
				Secretary of State whether to uphold, modify or rescind the
				suspension.
3. The notice shall
				include the time and place of the hearing.
4. The notice shall include a statement that
				the carrier has the right to be represented by counsel; to present evidence and
				arguments; and to call, examine and cross-examine witnesses.
5. The Board shall include with the notice a
				copy of this Chapter 3.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 591 - MOTOR CARRIER REVIEW BOARD › Chapter 3 - HEARING PROCEDURES › Section 591-3-4 - Presiding Officer

Current through 2024-29, July 17, 2024
1. The Board Chair
				shall select the person to serve as Presiding Officer.
2. The Presiding Officer shall administer
				oaths and affirmations, rule on the admissibility of evidence, regulate the
				course of proceedings and take such action as authorized by statute or agency
				rule consistent with the APA.
3.
				The Presiding Officer may hold a pre-hearing conference in order to identify
				issues, the witnesses, documents to be presented and to set the order of
				proceedings.
4. If a pre-hearing
				conference is held, the Presiding Officer shall prepare a report of the
				conference.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 591 - MOTOR CARRIER REVIEW BOARD › Chapter 3 - HEARING PROCEDURES › Section 591-3-5 - Order of Proceedings

Current through 2024-29, July 17, 2024
1. The purpose of
				the proceedings shall be limited to whether or not the determination of the
				Bureau to suspend the carrier's privilege to operate a commercial motor vehicle
				in the state should be upheld, modified or rescinded.
2. The carrier and the Bureau may make brief
				opening statements.
3. The Bureau
				shall first present evidence through witnesses or documentary evidence in
				support of its decision to suspend the carrier's privilege to operate a
				commercial motor vehicle. The carrier may then cross examine each witness
				offered by the Bureau. The Bureau may then conduct re-direct examination
				limited to matters raised during cross examination. The carrier may then
				conduct re-cross examination.
4.
				Upon the completion of the presentation by the Bureau, the carrier may present
				evidence through witnesses and documentary evidence. There shall then be
				cross-examination by the Bureau, re-direct examination and re-cross
				examination.
5. The Board members
				may ask question of the witnesses at any time.
6. After the close of the evidence the Board
				shall decide whether it will hear oral closing arguments or offer the parties
				the opportunity to submit written argument.
7. The Board shall then consider and
				deliberate the evidence presented. Deliberations shall be conducted in public
				session.
8. At the close of
				deliberations, the Board shall issue a decision on what action, if any, shall
				be taken with regard to the carrier's privilege to operate a commercial motor
				vehicle in the state. The decision shall be in writing and include findings of
				fact sufficient to apprise the carrier and the public of the basis for the
				decision. The decision shall be in the form of a recommendation to the
				Secretary of State.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 591 - MOTOR CARRIER REVIEW BOARD › Chapter 3 - HEARING PROCEDURES › Section 591-3-6 - Action by Secretary of State

Current through 2024-29, July 17, 2024
1. The Board shall
				provide the Secretary of State with a copy of its decision and
				recommendations.
2. The Board shall
				provide the carrier a copy of its written decision. The carrier shall have 10
				days after receipt of the decision to file a response or exceptions to the
				decision. The carrier shall file its response with the Secretary of
				State.
3. Within 30 days after
				receipt of the decision, the Secretary of State shall issue a decision on the
				recommendation of the Board. The Secretary of State may adopt, reject, or
				modify any action recommended by the Board.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 591 - MOTOR CARRIER REVIEW BOARD › Chapter 3 - HEARING PROCEDURES › Section 591-3-7 - Standard of Review

Current through 2024-29, July 17, 2024
1. In rendering a
				decision, the Secretary of State shall determine whether by a preponderance of
				the evidence a carrier's operating and safety record shows that the carrier
				poses an unacceptable risk to highway safety.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 591 - MOTOR CARRIER REVIEW BOARD › Chapter 3 - HEARING PROCEDURES › Section 591-3-8 - Appeal

Current through 2024-29, July 17, 2024
1. The decision of the Secretary of State is
				final agency action and may be subject to judicial review pursuant to
				5 M.R.S.
				§11001
et seq
. and M.R.
				Civ. P. 80C.A party must file a petition for review within thirty (30) days
				after receipt of the notice of decision.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 591 - MOTOR CARRIER REVIEW BOARD › Chapter 3 - HEARING PROCEDURES › Section 591-3-9 - Other Action

Current through 2024-29, July 17, 2024
1. Nothing in this
				rule prevents the Secretary of State from taking action pursuant to
				29-A
				M.R.S.
				§2458(2).
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 630 - MAINE BIOMEDICAL RESEARCH BOARD › Chapter 1 - RULES FOR THE MAINE BIOMEDICAL RESEARCH PROGRAM › Section 630-1-2 - Application Process

Current through 2024-29, July 17, 2024
The Board shall issue a request for grant applications
				  through a Public Notice in newspapers of general circulation at least 30 days
				  prior to the application deadline.All proposals will be initially reviewed by
				  the Grant Allocation Committee to determine Qualifying Institutions, eligible
				  outside funding and eligible projects. Grant funds will be awarded based on the
				  criteria and funding formulas outlined in this rule. The Board will make final
				  decision on grant awards.
The Grant Allocation Committee will review all material
				  supplied by each institution and make initial funding recommendations based on
				  the criteria and funding formulas set forth in this rule. The Grant Allocation
				  Committee may call upon out-of-state members of the biomedical research
				  community to help it make decisions about the eligibility of an institution,
				  project cost or in the determination of legitimacy of claimed funding sources
				  as eligible outside funding.
The Board will review the Grant Allocation Committee's
				  recommendations and will make the final funding decisions. The Board will
				  notify the institutions of its final decision and request that each grantee
				  submit a final plan reflecting the actual amount of funding allocated.
The final plans must specify how the institution will utilize
				  the allocated Program Funds and what research and economic benefits it
				  anticipates as a result of the funding. The institution's final plan must be
				  submitted within 45 days of notification of the Board's final decision.
Once funding decisions are made, each Eligible Institution
				  shall revise its preliminary plan into a final plan that reflects the actual
				  level of award received. The final plan must describe how the institution will
				  utilize the allocated program funds and what research and economic benefits it
				  anticipates as a result of funding. This final plan must be submitted to the
				  Board no later than 45 days after the award notification and prior to
				  disbursement of funds.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 630 - MAINE BIOMEDICAL RESEARCH BOARD › Chapter 1 - RULES FOR THE MAINE BIOMEDICAL RESEARCH PROGRAM › Section 630-1-3 - Criteria for Selection

Current through 2024-29, July 17, 2024
In order for an eligible institution to qualify for Program
				  Funds, applicants must submit to the Board:
A. A preliminary plan describing how the
				institution would utilize Program Funds and what research and economic benefits
				it anticipates as a result of this funding;
B. Citations of articles from peer review
				journals published within the previous 2 years that show the institution is
				engaged in competitive biomedical research;
C. Copies of the institution's Internal
				Revenue Service form 990, or other audited documentation such as a notice of
				grant award, for the previous two calendar years. The documentation must show
				the amount of funding received from outside sources used for Biomedical
				Research. The documentation must be for the two calendar years immediately
				preceding the date of application to the Fund;
D. A breakdown and explanation of sources and
				uses of all Biomedical Research funds received or expended over the previous 2
				calendar years from federal agencies or specified grant sources. The report
				will specify funds attracted over the previous 2 calendar years to perform
				Biomedical Research that are:
1. Received
				directly by the Eligible Institution as a primary beneficiary of the
				grant;
2. Received by the Eligible
				Institution through a subcontract or other similar legal arrangement such as an
				invoice or letter of appointment; or
3. Received in combination with other
				in-state or out-of-state institutions.
The report will separately list each specific source for
				  funding and its use.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 630 - MAINE BIOMEDICAL RESEARCH BOARD › Chapter 1 - RULES FOR THE MAINE BIOMEDICAL RESEARCH PROGRAM › Section 630-1-4 - Use of Funds

Current through 2024-29, July 17, 2024
Program funds are to support biomedical research in the
				  State, with priority given to research and research technologies with the
				  potential to affect diseases and biomedical mechanisms.
An eligible institution may use the grant for any one of the
				  following purposes:
Project funding that directly supports Peer Reviewed
					 Biomedical Research;
									Facilities funding, including debt service, for
					 construction, renovation, expansion of facilities the primary purpose of which
					 is to conduct Peer Reviewed Biomedical Research:
									Equipment used in Peer Reviewed Biomedical Research,
					 including debt service; or
									Ancillary support;
An Eligible Institution that receives funds under this rule
				  may charge overhead expenses consistent with federal research granting
				  criteria. The institution may utilize up to 2% of the Program Funds it receives
				  to evaluate the impact of the research it is conducting. An institution is not
				  obligated to expend Program Funds during the period in which those funds are
				  received, but may carry over funding for up to 5 years.
Program funds may not be used to support Biomedical Research,
				  facilities, equipment, Ancillary Support or overhead expenses that occur
				  outside the State of Maine.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 630 - MAINE BIOMEDICAL RESEARCH BOARD › Chapter 1 - RULES FOR THE MAINE BIOMEDICAL RESEARCH PROGRAM › Section 630-1-5 - Allocation of Funds

Current through 2024-29, July 17, 2024
All Eligible Institutions meeting the criteria in Section
				  4 will receive a proportional share of
				  the available Program Funds for allowed program uses.
A.
Determination of eligible outside
				funds
"Eligible Outside Funds" for the purposes of determining an
				  Eligible Institution's l allocation of Program Funds is defined as funds
				  received or expended in Maine from Specified Grant Sources for Peer Reviewed
				  Biomedical Research only. An institution's internal funds or private
				  contributions from individuals cannot count as Eligible Outside Funding. In
				  order to assure that no funds are counted more than once, outside funds
				  received by multiple in-state institutions from the same Specified Grant Source
				  shall be apportioned between those institutions for Peer Reviewed Biomedical
				  Research as outlined in that grant proposal. Eligible Outside Funds must be
				  received or expended in Maine by Qualified Institutions:
1. Directly as a primary beneficiary of a
				grant; or
2. As a subcontractor or
				pursuant to a similar documented legal arrangement such as an invoice or letter
				of appointment; or
3. As evidenced
				by biomedical research funding supported by other documentation such as notice
				of grant award, grant budget or time and effort reporting.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 630 - MAINE BIOMEDICAL RESEARCH BOARD › Chapter 1 - RULES FOR THE MAINE BIOMEDICAL RESEARCH PROGRAM › Section 630-1-6 - Request for Reconsideration

Current through 2024-29, July 17, 2024
An applicant may request reconsideration of the Board's final
				  decision based on the following:
1.
				The determination of its eligibility as a Qualifying Institution as defined by
				this rule.
2. The determination of
				whether its project is an eligible project as defined by this rule.
Request for reconsideration must be addressed to the Board in
				  writing within fifteen days of the its decision, stating the specific basis for
				  the request for reconsideration.
The Board will review the written request for reconsideration
				  and all application materials submitted by the institution and make a final
				  determination based on that information within 30 days. The Board may call upon
				  out-of-state members of the biomedical research community to assist in the
				  reconsideration decision.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 630 - MAINE BIOMEDICAL RESEARCH BOARD › Chapter 1 - RULES FOR THE MAINE BIOMEDICAL RESEARCH PROGRAM › Section 630-1-7 - Disqualification

Current through 2024-29, July 17, 2024
The Board may disqualify a grantee if it does not meet the
				  above criteria or are not providing services as outlined in its
				  proposal.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 630 - MAINE BIOMEDICAL RESEARCH BOARD › Chapter 1 - RULES FOR THE MAINE BIOMEDICAL RESEARCH PROGRAM › Section 630-1-8 - Reporting requirements

Current through 2024-29, July 17, 2024
Each biennium that funds are received, all grantees will
				  submit a Report to the Department. The report must include:
1. An accurate accounting of the use of all
				Program Funds prepared by a certified public accountant;
2. A summary of the status of any ongoing
				Biomedical Research;
3. A summary
				of the results of any completed Biomedical Research; and
4. Evaluation data and assessment to include
				an assessment of the direct and indirect economic impact of funded Biomedical
				Research and an assessment of the contribution of the funded Biomedical
				Research to scientific advancement and the institution's competitive
				position.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 630 - MAINE BIOMEDICAL RESEARCH BOARD › Chapter 1 - RULES FOR THE MAINE BIOMEDICAL RESEARCH PROGRAM › Section 630-1-9 - Additional reporting requirements

Current through 2024-29, July 17, 2024
In addition to these reporting requirements, each institution
				  must submit each biennium a report to the Governor, the joint standing
				  committee of the Legislature having jurisdiction over appropriations and
				  financial affairs and the joint standing committee of the Legislature having
				  jurisdiction over business, research and economic development matters. The
				  report must include detailed information on the status of the funds in the
				  Maine Biomedical Research Fund, a listing and explanation of each specific
				  source of funding from grant sources for biomedical research and its use and
				  the number of new jobs created in the State and where those jobs are
				  located.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 2 - STANDARDS FOR QUALIFICATIONS OF ASSIGNED COUNSEL › Section 649-2-1 - Application

Current through 2024-29, July 17, 2024
All attorneys wishing to accept case assignments by the
				  Commission must complete an application in the manner prescribed by the
				  Commission. The Commission will not act on an application until it is complete.
				  No attorney will be assigned a case until that attorney completes an
				  application and is placed on the roster of attorneys eligible to receive
				  assignments.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 2 - STANDARDS FOR QUALIFICATIONS OF ASSIGNED COUNSEL › Section 649-2-2 - Minimum Experience, Training And Other Eligibility Requirements

Current through 2024-29, July 17, 2024
Any attorney wishing to accept case assignments from the
				  Commission, serve as contract counsel or otherwise be approved by the
				  Commission to accept assignments must satisfy the following conditions.
1.
Licensed to Practice
a) The attorney must be licensed to practice
				law in the State of Maine and be in good standing with the Maine Board of
				Overseers of the Bar.
b) The
				attorney must promptly inform the Commission, in writing, of any complaint
				against the attorney filed with the Maine Board of Overseers of the Bar that
				has been set for a grievance panel hearing or hearing before a single justice
				of the Supreme Judicial Court. Failure to comply with this requirement is
				grounds for removal from the roster.
c) The attorney must inform the Commission,
				in writing, within 5 days of any criminal charge filed against the attorney in
				any jurisdiction and promptly inform the Commission of any disposition of such
				charge. Failure to comply with this requirement is grounds for removal from the
				roster.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 2 - STANDARDS FOR QUALIFICATIONS OF ASSIGNED COUNSEL › Section 649-2-3 - Office, Telephone, and Electronic Mail

Current through 2024-29, July 17, 2024
The attorney must maintain an office or have the use of space
				  that is reasonably accessible to clients and that permits the private
				  discussion of confidential and other sensitive matters.
The attorney must maintain a telephone number, which shall be
				  staffed by personnel available for answering telephone calls or an answering
				  service, an answering machine or voicemail capability that ensures client
				  confidentiality.
The attorney must maintain a confidential working e-mail
				  account as a means of receiving information from and providing information to
				  the Commission.
The attorney must keep the Commission and the courts in which
				  the attorney represents indigent clients apprised of the attorney's work
				  telephone number and postal and electronic mail addresses. The attorney must
				  ensure that the court has the ability to contact the attorney by mail and by
				  telephone.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 2 - STANDARDS FOR QUALIFICATIONS OF ASSIGNED COUNSEL › Section 649-2-4 - Experience and Proficiency

Current through 2024-29, July 17, 2024
The attorney shall demonstrate the necessary and sufficient
				  experience and proficiency required to accept appointments as provided below.
1.
[Repealed]
2. Any attorney not previously
				having been accepted to receive assignments from the Commission must
				satisfactorily complete a Commission-sponsored or Commission-approved training
				course for the area of the law for which the attorney is seeking to receive
				assignments, including but not limited to, criminal defense, juvenile defense,
				civil commitment, child protective, or emancipation prior to being placed on
				the roster and receiving assignments; or
3. An attorney may be accepted for placement
				on the roster and receive assignments from the Commission without completing a
				Commission-sponsored or Commission-approved training course as provided above
				if the attorney demonstrates to the Commission a commitment to and proficiency
				in the practice of the area of law for which the Attorney is willing to accept
				assignments over the course of at least the three years prior to receiving
				assignments from the Commission.