reglab/statecodes huggingface dataset:
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 550 - RULES FOR DETERMINING VOTER INTENT › Section 250-550-4 - DETERMINING VOTER CHOICE

Current through 2024-29, July 17, 2024
Maine statute provides, in Title 21-A § 696(4), that
					 if a voter marks the ballot in a manner that differs from the instructions at
					 the top of the ballot but in such a manner that it is possible to determine the
					 voter's choice, then the vote for the office or question concerned must be
					 counted. If the voter marks the ballot in such a manner that it is impossible
					 to determine the voter's choice, then the vote for that office or question may
					 not be counted. (Title 21-A § 696(2)(B) ). If a voter marks the ballot in
					 a manner that differs from the instructions at the top of the ballot, election
					 officials shall attempt to determine the voter's choice in accordance with the
					 following rules.
1.
Failure to
				  fully mark voting indicator.
Where the voter has made some mark in the
				  voting indicator, but has not fully completed it, the voter's intent must be
				  determined as follows:
A. The vote must be
				  counted if
1 the majority of the space in the
				  voting indicator is filled in;
2 an
				  "x," check mark, plus sign ("+"), asterisk, or star has been placed within the
				  voting indicator for a particular candidate or ballot question choice and the
				  voter has marked the voting indicator in the same manner for at least some
				  other offices or ballot questions appearing on the ballot; or
3 a horizontal, vertical or diagonal line has
				  been placed within the voting indicator for a particular candidate or ballot
				  question choice, and either the voter has marked the voting indicator in the
				  same manner for at least some other offices or ballot questions on the same
				  ballot, or it otherwise appears from the nature of the mark in the voting
				  indicator space that the voter intentionally moved the pen or pencil across the
				  paper from one point to another.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 700 - RULES GOVERNING NOTARIES PUBLIC, NOTARIAL OFFICERS, NOTARIAL ACTS AND THE PROCEDURES FOR ELECTRONIC AND REMOTE NOTARIZATION › Section 250-700-2 - APPOINTMENT OF NOTARY PUBLIC

Current through 2024-29, July 17, 2024
1.
Criteria
				  for appointment as a notary public
To qualify for appointment as a notary public, the
					 applicant must meet the following criteria:
A.
Age eligibility.
An applicant
				  must be at least 18 years of age at the time of submitting the
				  application;
B.
Residency or
				  place of employment or business in Maine.
An applicant must demonstrate:
(1) Is a Maine resident; or
(2) Has a place of employment located in
				  Maine; or
(3) Has a business
				  located in Maine;
C.
Language proficiency.
An applicant must demonstrate an ability to
				  read and write the English language;
D.
Trustworthiness.
An applicant
				  must be worthy of the public trust. This means, at a minimum, that the
				  applicant must:
(1) Not have been convicted of
				  any crime punishable by one year or more of imprisonment;
(2) Not have been convicted of any crime
				  involving fraud, dishonesty or deceit;
(3) Not have received a finding or have made
				  any admission of liability in any legal proceeding or disciplinary action
				  against the applicant based on the applicant's fraud, dishonesty or
				  deceit;
(4) Not have made any
				  false, fraudulent, dishonest or deceitful statements in the application for a
				  notary commission; and
(5) Not have
				  had a notary public commission in another state revoked, suspended,
				  conditioned, or not renewed for cause.
A crime involving fraud, dishonesty or deceit includes, but
					 is not limited to, any crime involving false swearing, unsworn falsification,
					 perjury, tampering with public records, impersonation, bribery, forgery,
					 identity theft, negotiating a worthless instrument, misuse of information,
					 theft, larceny, robbery, extortion, counterfeiting, unauthorized transfer of
					 property, misappropriation, embezzlement, and deceptive practices; and
E.
Examination.
An applicant must pass an examination administered by
				  the Secretary of State to demonstrate an understanding of the laws, rules,
				  procedures and ethics relevant to performing notarial acts. The examination
				  will be administered by the Secretary of State and based on a course of study
				  offered regularly by the Secretary of State in accordance with  4 M.R.S. §
												1923.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 700 - RULES GOVERNING NOTARIES PUBLIC, NOTARIAL OFFICERS, NOTARIAL ACTS AND THE PROCEDURES FOR ELECTRONIC AND REMOTE NOTARIZATION › Section 250-700-3 - RENEWAL OF NOTARY PUBLIC COMMISSION

Current through 2024-29, July 17, 2024
1.
Notice
				  of expiration.
The Secretary of State shall send written notification to
				  a notary public, no less than 30 calendar days prior to the expiration of the
				  notary's commission. Notice will be sent to the email address recorded on the
				  Secretary of State's database. If the notary public does not have an email
				  address, the notice will be sent by U.S. Postal Service, regular first-class
				  mail. Failure to receive the notice does not delay or suspend the expiration of
				  the commission.
2.
Application for renewal.
An application for renewal of a notary
				  public commission must include the following information:
A. The name under which the current notary
				  public commission was issued;
B.
				  The legal name of the notary public seeking renewal of the commission (if
				  changed since issuance of the commission that is expiring);
C. The date of expiration of the
				  commission;
D. The physical address
				  of the applicant's residence and the applicant's mailing address;
E. The applicant's email address and contact
				  telephone number;
F. The physical
				  address of a place of employment or location of the notary public's business in
				  Maine if the notary is not a resident of Maine;
G. A list of any crimes for which the notary
				  public has been convicted since the date of issuance of the commission that is
				  expiring;
H. Disclosure of any
				  legal proceedings in any jurisdiction that resulted in findings against the
				  applicant or admissions of liability by the applicant; and
I. A declaration signed by the notary that
				  all information provided in the application is true and correct.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 700 - RULES GOVERNING NOTARIES PUBLIC, NOTARIAL OFFICERS, NOTARIAL ACTS AND THE PROCEDURES FOR ELECTRONIC AND REMOTE NOTARIZATION › Section 250-700-5 - ELECTRONIC NOTARIZATION

Current through 2024-29, July 17, 2024
1.
Provider
				  application for approval of technology for electronic notarization
A provider of technology to be used for electronic
					 notarization may request approval from the Secretary of State by submitting an
					 application that contains the following information:
A. A certification that the provider's
				  technology is designed to ensure that notarial acts performed by notarial
				  officers with respect to electronic records using electronic signatures will
				  comply with the requirements of 4 M.R.S. chapter 39 and this rule;
B. A certification that the provider is
				  currently registered to do business in Maine and is in good standing with the
				  Secretary of State;
C. A list of
				  all jurisdictions in which the provider's technology has been approved for the
				  performance of electronic notarization, and the month and year in which the
				  provider received the most recent approval from each jurisdiction;
D. Disclosure of any complaints, official
				  warnings, or disciplinary actions taken against the provider in any
				  jurisdiction;
E. Any pending,
				  threatened or adjudicated legal actions against the provider relating in any
				  way to the performance of electronic notarial acts using the provider's
				  technology in any jurisdiction;
F.
				  The name and contact information of a representative of the applicant with
				  knowledge of the provider's technology and with authority to make binding
				  representations; and
G. Any other
				  information sufficient to demonstrate that the provider's technology meets or
				  exceeds the standards set forth in subsection 2 below.
H. The provider must submit the application
				  fee to the Secretary of State, made payable to Treasurer, State of Maine,
				  prescribed by  5 M.R.S. §86.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 700 - RULES GOVERNING NOTARIES PUBLIC, NOTARIAL OFFICERS, NOTARIAL ACTS AND THE PROCEDURES FOR ELECTRONIC AND REMOTE NOTARIZATION › Section 250-700-6 - REMOTE NOTARIZATION

Current through 2024-29, July 17, 2024
1.
Provider
				  application for approval of communication technology and identity proofing to
				  be used in remote notarization
A provider of communication technology to be used for
					 remote notarization may request approval from the Secretary of State by
					 submitting an application on a form provided by the Secretary of State that
					 contains the following information:
A.
				  A certification that the provider's communication technology is designed to
				  ensure that remote notarizations using the provider's technology will comply
				  with the requirements of 4 M.R.S. chapter 39 and this rule;
B. A certification that the provider is
				  currently registered to do business in Maine and is in good standing with the
				  Secretary of State;
C. A list of
				  all jurisdictions in which the provider's communication technology has been
				  approved for the performance of notarial acts remotely, and the month and year
				  in which the provider received its most recent approval;
D. Disclosure of any complaints, official
				  warnings, or disciplinary actions taken against the provider in any
				  jurisdiction;
E. Any pending,
				  threatened or adjudicated legal actions against the provider relating in any
				  way to the performance of notarial acts using the provider's communication
				  technology in any jurisdiction;
F.
				  The name and contact information of a representative of the applicant with
				  knowledge of the provider's communication technology and with authority to make
				  binding representations; and
G. Any
				  other information sufficient to demonstrate that the provider's communication
				  technology and identity proofing methods meet or exceed the criteria and
				  standards set forth in section 6, subsection 2 of this rule.
H. The provider must submit the application
				  fee to the Secretary of State, made payable to Treasurer, State of Maine,
				  prescribed by  5 M.R.S. §86.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 700 - RULES GOVERNING NOTARIES PUBLIC, NOTARIAL OFFICERS, NOTARIAL ACTS AND THE PROCEDURES FOR ELECTRONIC AND REMOTE NOTARIZATION › Section 250-700-7 - REQUIREMENTS FOR OFFICIAL NOTARY PUBLIC STAMP

Current through 2024-29, July 17, 2024
When a notary stamp is to be used by a notary public
					 commissioned by the Secretary of State, the stamp must be a rectangular or
					 circular stamp and contain the notary public's name as it appears on their
					 commission, the words "Notary Public" and "State of Maine" or "Maine" and the
					 commission expiration date. The stamp must be capable of being copied together
					 with the record to which it is affixed or attached or with which it is
					 logically associated, pursuant to  4 M.R.S. §
											1918(2).
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 700 - RULES GOVERNING NOTARIES PUBLIC, NOTARIAL OFFICERS, NOTARIAL ACTS AND THE PROCEDURES FOR ELECTRONIC AND REMOTE NOTARIZATION › Section 250-700-8 - CERTIFIED COPIES

Current through 2024-29, July 17, 2024
A notarial officer is not authorized to make any certified
					 or attested copies of public records or vital records. A notarial officer may
					 not certify a copy of any document that states on its face that it is illegal
					 to make copies of the document.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 700 - RULES GOVERNING NOTARIES PUBLIC, NOTARIAL OFFICERS, NOTARIAL ACTS AND THE PROCEDURES FOR ELECTRONIC AND REMOTE NOTARIZATION › Section 250-700-9 - PROTESTS OF NEGOTIABLE INSTRUMENTS

Current through 2024-29, July 17, 2024
A notarial officer shall not make or note a protest of a
					 negotiable instrument unless the notarial officer is an employee of a financial
					 institution acting in the course and scope of the notarial officer's employment
					 with the financial institution.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 720 - RULES GOVERNING THE LICENSING OF MARRIAGE OFFICIANTS WHO ARE AUTHORIZED TO SOLEMNIZE MARRIAGES IN MAINE › Section 250-720-1 - ELIGIBILITY FOR A MARRIAGE OFFICIANT LICENSE

Current through 2024-29, July 17, 2024
1.
General eligibility requirements.
To qualify for a marriage
				  officiant license to solemnize marriages in this State, an individual must:
A. Be at least 18 years of age;
B. Be a resident of this State;
C. Demonstrate an ability to read and write
				  the English language; and
D.
				  Demonstrate an understanding of the laws and rules governing marriages in this
				  state under Title 19-A chapter 23.
For purposes of this rule, being a "resident of this State"
					 means having established a fixed and principal home in the State of Maine, to
					 which the individual, whenever temporarily absent, intends to return.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 720 - RULES GOVERNING THE LICENSING OF MARRIAGE OFFICIANTS WHO ARE AUTHORIZED TO SOLEMNIZE MARRIAGES IN MAINE › Section 250-720-2 - APPLICATION PROCESS

Current through 2024-29, July 17, 2024
1.
General
				  Application.
A resident of this State who is at least eighteen years of
				  age may apply to the Secretary of State to obtain a license to serve as a
				  marriage officiant authorized to solemnize marriages in the State. The
				  application must be submitted on a form designed by the Secretary of State and
				  must contain the following information:
A.
				  Full legal name of the applicant;
B. Applicant's date of birth;
C. Applicant's residence address;
D. Applicant's contact information, including
				  mailing address, telephone and email address; and
E. Applicant's answers to questions regarding
				  the obligations of a person solemnizing marriages in Maine pursuant to 19-A
				  M.R.S. chapter 23.
The application must be submitted with the application fee
					 prescribed by  5 M.R.S. §86.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 720 - RULES GOVERNING THE LICENSING OF MARRIAGE OFFICIANTS WHO ARE AUTHORIZED TO SOLEMNIZE MARRIAGES IN MAINE › Section 250-720-3 - ISSUANCE OF LICENSE AND PUBLIC LISTING OF LICENSEES

Current through 2024-29, July 17, 2024
1.
License.
If the Secretary
				  finds an application to be complete and finds that the applicant satisfies the
				  criteria set forth in section 1 of this rule, the Secretary shall issue a
				  marriage officiant license to the applicant.
2.
Notary public.
A notary
				  public with a valid commission issued by the Secretary of State who is a
				  resident of this State shall be issued a marriage officiant license for the
				  remaining term of the notary public commission unless the notary public submits
				  written notice to the Secretary of State on a form prescribed by the Secretary
				  of State declining to be licensed as a marriage officiant. A notary public who
				  declines and later wishes to become authorized to solemnize marriages must file
				  a separate application for a marriage officiant license pursuant to section 2,
				  subsection 1 of this rule.
3.
Public list of licensees.
After a license has been issued, the
				  licensee's name, residence address and contact information will be posted on
				  the Secretary of State's publicly accessible web site.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 720 - RULES GOVERNING THE LICENSING OF MARRIAGE OFFICIANTS WHO ARE AUTHORIZED TO SOLEMNIZE MARRIAGES IN MAINE › Section 250-720-4 - TERM OF LICENSE

Current through 2024-29, July 17, 2024
For a licensee who is also commissioned as a notary public,
					 a marriage officiant license is valid for the term of the notary public
					 commission. For all other licensees, a marriage officiant license is issued for
					 a period of 7 years.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 720 - RULES GOVERNING THE LICENSING OF MARRIAGE OFFICIANTS WHO ARE AUTHORIZED TO SOLEMNIZE MARRIAGES IN MAINE › Section 250-720-5 - LICENSE AMENDMENTS

Current through 2024-29, July 17, 2024
1.
Obligation
				  to notify Secretary of State of changes to licensing information.
Within
				  30 calendar days of the occurrence of any change to the licensee's legal name,
				  physical address, or contact information on file with the Secretary of State,
				  the licensee must notify the Secretary of State of the change by submitting the
				  form prescribed by the Secretary of State and made available on the Secretary's
				  website.
2.
Issuance of
				  amended license.
If the licensee's legal name or municipality of
				  residence has changed, the Secretary of State shall issue an amended license
				  reflecting the change, which shall remain in effect for the term of the license
				  being amended unless there is a further change to the licensee's information
				  before that expiration date. The licensee shall remain authorized to solemnize
				  marriages while awaiting receipt of the amended license.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 720 - RULES GOVERNING THE LICENSING OF MARRIAGE OFFICIANTS WHO ARE AUTHORIZED TO SOLEMNIZE MARRIAGES IN MAINE › Section 250-720-6 - LICENSE RENEWAL

Current through 2024-29, July 17, 2024
1.
Notice of
				  expiration.
The Secretary of State will provide written notification to
				  the licensee at least 30 calendar days prior to the expiration date on the
				  marriage officiant license. Notice will be sent to the email address on the
				  most recent license application or amended information on file with the
				  Secretary of State. If the licensee does not have an email address, the notice
				  will be sent by U.S. Postal Service, regular first-class mail to the address on
				  file for that licensee. Failure of the licensee to receive the notice does not
				  delay or extend the expiration date of the license.
2.
Renewal application.
A
				  licensee who wishes to continue to be licensed as a marriage officiant must
				  submit the renewal application to the Secretary of State on a form prescribed
				  by the Secretary of State before the expiration date on the current marriage
				  officiant license. The application must include the information required in
				  section 2 of this rule.
3.
Renewal of license issued with notary commission.
A marriage
				  officiant license issued to a notary public along with the notary's commission
				  will automatically renew upon renewal of the notary public commission unless
				  the notary public indicates on the application to renew the notary commission
				  that the notary declines to be licensed as a marriage officiant.
4.
Deadline for filing.
If the
				  licensee fails to file a renewal application before the expiration of the
				  current marriage officiant license, then the license expires, and the licensee
				  is no longer authorized to solemnize marriages until a new marriage officiant
				  license is issued.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 720 - RULES GOVERNING THE LICENSING OF MARRIAGE OFFICIANTS WHO ARE AUTHORIZED TO SOLEMNIZE MARRIAGES IN MAINE › Section 250-720-7 - DENIAL, REVOCATION, SUSPENSION OR NONRENEWAL OF LICENSE

Current through 2024-29, July 17, 2024
1.
Grounds.
The Secretary of
				  State may deny, refuse to renew, suspend or revoke a marriage officiant license
				  based on a finding that the applicant or licensee:
A. Does not meet one or more of the criteria
				  set forth in section 1 of this rule;
B. Has failed to comply with any of the
				  statutory requirements for a person solemnizing a marriage set forth in 19-A
				  M.R.S. chapter 23; or
C. Has failed
				  to comply with any provision of the statute or rules governing notaries public
				  if the applicant or licensee is a notary public.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 720 - RULES GOVERNING THE LICENSING OF MARRIAGE OFFICIANTS WHO ARE AUTHORIZED TO SOLEMNIZE MARRIAGES IN MAINE › Section 250-720-8 - VOLUNTARY SURRENDER OF LICENSE

Current through 2024-29, July 17, 2024
A licensee may voluntarily surrender their license at any
					 time by submitting written notice to the Secretary of State of the intent to
					 terminate their authority to solemnize marriages. The marriage officiant
					 license shall no longer be valid as of the date of the written notice. Upon
					 submission of the written notice, the licensee must return their license
					 certificate to the Secretary of State.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 800 - PROCEDURES FOR THE ELECTRONIC FILING OF RULES › Section 250-800-1 - ELECTRONIC FILING

Current through 2024-29, July 17, 2024
Agencies promulgating rules under the Maine Administrative
					 Procedure Act (APA) must file new and amended rules in electronic text format
					 with the APA Office of the Secretary of State.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 800 - PROCEDURES FOR THE ELECTRONIC FILING OF RULES › Section 250-800-2 - RULE-MAKING PROCEDURES

Current through 2024-29, July 17, 2024
1. Principles
A. Repeal and replace
Rather than amend small parts of a chapter, agencies are
					 encouraged to repeal and replace the entire chapter. Many potential errors are
					 avoided by working with the entire chapter.
B. Non-substantive changes
If the only changes to a rule already on file in electronic
					 text format involve renumbering and minor corrections -- that is, there are no
					 substantive changes to the rule's text -- the corrections can be accomplished
					 administratively at any time by the APA Office without engaging in the proposal
					 and adoption process. Non-substantive changes include, but are not limited to:
					 headnotes and the correction of spelling, format, and numbering; and the
					 updating of agency names, addresses and phone numbers, and statutory and other
					 legal references.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 800 - PROCEDURES FOR THE ELECTRONIC FILING OF RULES › Section 250-800-4 - ONGOING CLEAN-UP OF RULES

Current through 2024-29, July 17, 2024
The APA Office will examine electronic text copies of rules
					 in its Current File as time permits. If it makes non-substantive changes as a
					 result of that examination, the APA Office will send the corrected version of
					 the rule to the agency and note its action in the Historical File.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 800 - PROCEDURES FOR THE ELECTRONIC FILING OF RULES › Section 250-800-5 - TRANSITION

Current through 2024-29, July 17, 2024
Although the intent is full conversion of all rules into
					 electronic text format, rules may be accepted by the APA Office, at its
					 discretion, in either paper or electronic formats as long as the rules are
					 otherwise in compliance with the Administrative Procedure Act.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 800 - PROCEDURES FOR THE ELECTRONIC FILING OF RULES › Section 250-800-6 - DISTRIBUTION OF MACHINE READABLE RULES BY THE SECRETARY OF STATE

Current through 2024-29, July 17, 2024
The Secretary of State may not make available to the public
					 any rule in machine readable form prior to its formal adoption under the
					 procedures established in this chapter.
The Secretary of State may make available to the public any
					 rule or group of rules through the World-Wide Web or other publicly-accessible
					 medium.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 255 - MAINE STATE ARCHIVES › Chapter 1 - STATE AGENCY RECORDS PROGRAMS › Section 255-1-1 - APPLICABILITY

Current through 2024-29, July 17, 2024
These rules apply to any unit of State Government or local
				  government, including any state board or commission, and the Legislature and
				  its committees and subcommittees, but not including the judicial branch, the
				  University of Maine System, the Maine Community College System and the Maine
				  Maritime Academy.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 255 - MAINE STATE ARCHIVES › Chapter 1 - STATE AGENCY RECORDS PROGRAMS › Section 255-1-4 - AUTHORITY OF STATE CONTROLLER

Current through 2024-29, July 17, 2024
The provisions of these rules do not limit the authority of
				  the State Controller with respect to prescribing accounting systems, forms and
				  procedures authorized under 5 M.R.S.A., c. 143.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 255 - MAINE STATE ARCHIVES › Chapter 1 - STATE AGENCY RECORDS PROGRAMS › Section 255-1-5 - RESPONSIBILITY OF AGENCY HEAD

Current through 2024-29, July 17, 2024
The head of each agency shall establish and maintain an
				  efficient and continuous records management program which shall focus upon the
				  complete cycle of records creation, maintenance and use, and disposition. The
				  program shall provide for:
A.
				Effective internal controls over records creation, maintenance and use and
				disposition, with respect to the conduct of current business.
1. Adequate controls over the creation of
				agency records shall be instituted to ensure that important policies and
				decisions are sufficiently recorded; routine operational records in any format
				are kept to a minimum; and the accumulation of unnecessary files is prevented.
				Effective techniques to be applied in this area include implementing a biennial
				agency records inventory for the purpose of: compiling a descriptive list of
				any and all records within the agency; identifying duplicate files or other
				non-record materials and historical records requiring preservation; and
				locating records due for destruction.
2. To ensure that records are maintained
				economically and efficiently and in such a manner that their maximum usefulness
				is attained, provision shall be made for the continued analysis and improvement
				of record retention by reviewing laws and statutes and using the 4-part
				criteria; administrative, fiscal, legal, historical/archival, to assign record
				value. Record retention schedules will be reviewed annually and updated as
				necessary with regards to changes in statute, media format, program closure or
				other influences that could affect the schedule or retention time.
3. Provision shall be made to ensure that
				records of continuing value are preserved, that confidential records are
				protected and records no longer of current use to an agency are promptly
				disposed of or transferred until final disposition. Effective techniques for
				accomplishing these ends are the development of records retention schedules;
				the transfer of records to records centers and to the archives, the
				microfilming or digitization of appropriate records; and the disposal of
				recordswhich have already met their retention time or which are non-retention
				records (non-records).
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 255 - MAINE STATE ARCHIVES › Chapter 1 - STATE AGENCY RECORDS PROGRAMS › Section 255-1-6 - RECORDS OFFICER

Current through 2024-29, July 17, 2024
A. The head of each
				agency shall appoint a Records Officer at the managerial level who shall be
				responsible under their direct supervision for the economical and efficient
				management of the records of the agency in compliance with the standards,
				procedures and rules issued by the State Archivist.
The person chosen as Records Officer shall have a thorough
				  knowledge of the organization including statutes and policies, the specialized
				  functions of the agency, and the general records requirements of the State
				  including:
1. Creating internal
				guidelines for maintaining and using agency records
2. Creating and updating record retention
				schedules
3. Directing and informing
				other agency employees concerning the management of records in their
				custody.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 255 - MAINE STATE ARCHIVES › Chapter 1 - STATE AGENCY RECORDS PROGRAMS › Section 255-1-7 - SUMMARY OF RECORDS HOLDINGS

Current through 2024-29, July 17, 2024
Each agency head shall submit to the Maine State Archives
				  upon request every two years a summary of its records holdings on appropriate
				  Maine State Archives forms. Instructions for the preparation of the report are
				  set forth on the forms. The summary may be consolidated for the entire agency,
				  or, if more practical, individual reports may be submitted for each
				  organizational unit of the agency.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 255 - MAINE STATE ARCHIVES › Chapter 1 - STATE AGENCY RECORDS PROGRAMS › Section 255-1-8 - AGENCY PROGRAM EVALUATION

Current through 2024-29, July 17, 2024
Agency programs will be inspected periodically by the Maine
				  State Archives to:
A. Determine agency
				compliance with the Archives and Records Management Law.
B. Determine agency observance of Maine State
				Archives rules.
C. Evaluate and
				report on the effectiveness of agency records programs.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 255 - MAINE STATE ARCHIVES › Chapter 1 - STATE AGENCY RECORDS PROGRAMS › Section 255-1-10 - RECORDS RETENTION SCHEDULES

Current through 2024-29, July 17, 2024
Title 5 §95-C requires that all state and local
				  government records be covered by retention schedules. This includes records
				  that never leave the creating agency's custody.
A.
Records scheduling programs for
				State government agencies
A records scheduling program is essential to promote a
				  prompt and orderly reduction in the quantity of records in each State
				  agency.
1. Four basic elements are
				present in a records scheduling program:
a.
				The taking of a complete inventory of the records in the custody of the
				agency;
b. The formulation of a
				retention plan to govern disposition of each type or series of records and its
				statement in the form of a records retention schedule;
c. The application of the records retention
				schedule to effect the elimination or removal of records;
d. The identification and selection of
				permanent records in accordance with this records retention plan.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 255 - MAINE STATE ARCHIVES › Chapter 1 - STATE AGENCY RECORDS PROGRAMS › Section 255-1-11 - AGENCY RECORDS STORAGE

Current through 2024-29, July 17, 2024
A.
Agency
				records storage areas (temporary repositories)
Agencies may maintain storage areas for the temporary
				  storage of agency records pending their transfer to a Records Center or other
				  disposition authorized by law. No agency records storage area shall be
				  established or relocated by an agency without the prior approval of the Maine
				  State Archives.
Each temporary storage area shall:
1. Provide security to prevent the loss of
				records both in storage and in reference areas. This shall at a minimum include
				locks on all doors and windows, plus an intruder alarm system, a fire alarm
				system and fire suppression system.
2. Provide storage facilities situated in a
				physically safe location (i.e., not located in a flood plain; not located next
				to a hazardous chemical storage area; etc.). These facilities should have
				heating/ventilation/air conditioning capable of maintaining temperatures
				between 60 and 70 degrees Fahrenheit, and of holding relative humidity to less
				than 50 percent.
3. Show evidence
				of a capacity to care for the records by providing evidence 1) of a mission
				statement; and 2) that a person who cares for the records has had basic
				archival training, such as a workshop approved by the Maine State Archives,
				formal education, or related experience.
4. To store confidential records, the
				institution also must show evidence that it has staff capable of maintaining
				confidentiality in accordance with policies of state government
				agencies.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 255 - MAINE STATE ARCHIVES › Chapter 1 - STATE AGENCY RECORDS PROGRAMS › Section 255-1-12 - TRANSFER OF RECORDS

Current through 2024-29, July 17, 2024
A.
Transfer
				of State records to the State Records Center
1. The following procedures govern the
				transfer of State records to the State Records Center. Such procedures are
				detailed in Chapter 2:
State Records Center Facilities and
				Services
.
a. The Records Center will
				accept for transfer any records offered by State agencies, subject to the
				following conditions:
(1) The records are not
				authorized for immediate disposal and transportation costs are not in excess of
				the resulting savings;
(2)
				Facilities for storing and providing reference service on the records are
				available; and a request for a records retention schedule is submitted prior to
				the proposed transfer.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 255 - MAINE STATE ARCHIVES › Chapter 1 - STATE AGENCY RECORDS PROGRAMS › Section 255-1-13 - DESTRUCTION OF RECORDS

Current through 2024-29, July 17, 2024
A.
State
				agency disposal authority
The following guidelines apply for the destruction of State
				  government records:
1. Records must be
				on approved record retention schedules and be authorized for destruction in
				accordance with retention and disposition guidelines established by the Maine
				State Archives.
2. State records
				may not be destroyed if any active or pending litigation, audit, open records
				request, or appeal of an open records decision, that involves the records is in
				question. This applies until the completion of the action and the resolution of
				all issues that arise from the action, or until the expiration of the retention
				period, whichever is later.
3.
				Records must no longer be required under any other legislation, and all
				statutory and regulatory requirements are fulfilled.
4. Disposal authorizations contained in
				records retention schedules approved by the Maine State Archives are
				automatically superseded by approval of a later schedule applicable to the same
				records.
5. Agency records stored
				at the State Records Center shall only be destroyed when retention requirements
				have been fulfilled and a disposition notification has been signed by a Records
				Officer providing authority to destroy the records. Records stored at the Maine
				State Archives shall not be destroyed, unless, upon further inspection and
				agreement by all parties, they are de-accessioned because it is determined they
				are not of archival value.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 255 - MAINE STATE ARCHIVES › Chapter 1 - STATE AGENCY RECORDS PROGRAMS › Section 255-1-14 - VIOLATION OF RULES

Current through 2024-29, July 17, 2024
Violation of any provision of these rules, except those
				  violations for which specific penalties are provided, is a Class E
				  crime.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 255 - MAINE STATE ARCHIVES › Chapter 2 - STATE RECORDS CENTER FACILITY AND SERVICES › Section 255-2-1 - APPLICABILITY

Current through 2024-29, July 17, 2024
These rules apply to any unit of State Government, including
				  any state board or commission, the Legislature and its committees and
				  subcommittees but not including the judicial branch, the University of Maine
				  System, the Maine Community College System and the Maine Maritime
				  Academy.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 255 - MAINE STATE ARCHIVES › Chapter 2 - STATE RECORDS CENTER FACILITY AND SERVICES › Section 255-2-5 - TRANSFER OF AGENCY RECORDS TO THE STATE RECORDS CENTER

Current through 2024-29, July 17, 2024
Records which are considered closed but still need to be
				  retained for fiscal, legal, or administrative reasons may be kept at the State
				  Records Center per an approved Records Retention Schedule. All Records in the
				  State Records Center and all pre-archival records belong to the agencies that
				  created them.
A. The State Records
				Center will accept for transfer any records offered by State agencies, subject
				to the following conditions:
1) Records must
				be on an approved Records Schedules before any records are transferred.
				Agencies must know Schedule and Series numbers, along with other distinguishing
				information for the records being transferred.
2) Only those records which have fulfilled
				any in-agency retention time, which have not already met their full retention
				time, and which have a specified State Record Center retention time according
				to approved schedules can be transferred.
3) Facilities for storing and providing
				reference service on the records are available.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 255 - MAINE STATE ARCHIVES › Chapter 2 - STATE RECORDS CENTER FACILITY AND SERVICES › Section 255-2-6 - RETRIEVAL OF RECORDS FROM THE STATE RECORDS CENTER

Current through 2024-29, July 17, 2024
Agencies retain ownership of records they have transferred to
				  the State Records Center. Only authorized access cardholders can request files.
(See Section
				  8 for detailed information on
				  Access)
Agencies must direct all requests for reference services
				  through these designated individuals.
A. Requests for reference services should be
				transmitted to the State Records Center via the online "Request for Reference
				Service" form. Inquiries will be answered as quickly as possible; usually,
				within twenty-four (24) regular business hours after receipt. If/when possible
				the inquiries and relating materials will be sent via email; if the requested
				material is too large (too large to be sent through State of Maine servers) it
				will be sent by mail (inter-office when applicable).
B. When requesting urgent reference service
				by telephone, the agency must provide the same type of information as though
				the request were being submitted on the "Request for Reference Service" form.
				No restricted information shall be given over the telephone by State Records
				Center personnel.
C. When
				requesting information from transferred records, an agency should clearly
				define what information is needed and to the extent possible, indicate where
				this information may be found in the records. The State Records Center can only
				report on the facts that appear in the records and cannot interpret these
				facts. If an interpretation is needed, the agency requiring it should either
				ask to withdraw the record or should arrange to consult the record at the State
				Records Center.
D. Agency records
				may be removed from the State Records Center facility in accordance with
				established procedures. No agency records shall be loaned to private persons
				nor to nongovernmental organizations. The means of transmitting withdrawn
				records is a matter of negotiation between the State Records Center and the
				transferring agency; this is done via the request form and access card
				authority. Records retained beyond approved retention periods are in
				non-compliance. Potential liabilities associated with keeping records beyond
				established retention schedules (agreed to by the agency and the Maine State
				Archivist) fall on the agency.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 255 - MAINE STATE ARCHIVES › Chapter 2 - STATE RECORDS CENTER FACILITY AND SERVICES › Section 255-2-7 - DESTRUCTION OF RECORDS STORED AT THE STATE RECORDS CENTER

Current through 2024-29, July 17, 2024
A. Agency records stored at the State Records
				Center shall only be destroyed when retention requirements have been fulfilled
				and a disposition notification has been signed by a Records Officer providing
				authority to destroy the records.
B. Records Management will send a State
				Records Center Disposition Notification to the agency of record when any
				records have fulfilled required retention periods per approved schedules. It is
				the agency's responsibility to review the disposition and comply with the
				agreed to schedule or to submit an amendment if records are required longer due
				to program changes or other legal purposes not previously
				anticipated.
C. State records may
				not be destroyed if any active or pending litigation, audit, open records
				request, or appeal of an open records decision, that involves the records is in
				question. This applies until the completion of the action and the resolution of
				all issues that arise from the action, or until the expiration of the retention
				period, whichever is later.
D. The
				Maine State Archivist reserves the right to return records which have passed
				their expired retention date by two years. This occurs when any agency refuses
				to sign off on disposition notifications and makes no attempt at communicating
				with State Records Center staff and/or revising their retention
				schedules.
E. The Maine State
				Archivist reserves the right to destroy records which have passed their expired
				retention date by two years for those agencies which become defunct; there are
				no longer any contact people and no processing information has been forwarded
				to State Records Center staff. (
For information on Methods of
				Destruction and Unlawful Removal or Destruction of Records see Chapter
				1.)
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 255 - MAINE STATE ARCHIVES › Chapter 2 - STATE RECORDS CENTER FACILITY AND SERVICES › Section 255-2-8 - ACCESS AND RESTRICTIONS

Current through 2024-29, July 17, 2024
A. Agency Records
Agency records in the State Records Center may be consulted
				  by persons properly authorized to use the records, subject to any applicable
				  restrictions. Agency records shall be brought to the user insofar as
				  practicable. Anyone allowed access to the facility shall be accompanied by a
				  member of the State Records Center staff.
B. Access to State Records Center
Agency personnel requiring access to the State Records
				  Center for reference purposes must provide their Access Card number.
				  Arrangements must be made in writing in advance and upon approval by State
				  Records Center staff. Proof of identity may be requested from any person
				  requesting access to agency records.
C. Restrictions
Agencies other than the creating or transferring agency, or
				  its successor, shall be subject to such restrictions as may have been imposed
				  by statute or by the particular agency whose records are in the State Records
				  Center. Statutory restrictions on the use of records which are applicable to
				  the agency from which the records were transferred shall be applicable to the
				  State Records Center. Restrictions imposed by agency determination may be
				  removed by agreement between the Maine State Archivist and the agency
				  concerned.
D. Use of Agency
				Records
Restrictions lawfully imposed on the use of agency records
				  will be observed and enforced by the Maine State Archivist. Agencies shall be
				  responsible for informing the State Records Center of any legal restrictions in
				  effect on the records transferred. State Records Center personnel shall advise
				  persons who wish to inspect agency records in the State Records Center that
				  such records can only be released by the transferring agency; and that access
				  to or the production of particular agency records should be addressed to the
				  agency, not to the State Records Center.
E. State Records Center Responsibility
The Supervisor of the State Records Center shall be
				  responsible for determining whether persons initiating requests for information
				  or documents are entitled to the information or access to the records involved.
				  No reference request will be honored if it conflicts with the restrictions
				  established by the transferring agency or by statute.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 255 - MAINE STATE ARCHIVES › Chapter 2 - STATE RECORDS CENTER FACILITY AND SERVICES › Section 255-2-9 - VIEWING MATERIAL BY USERS WHILE IN STATE RECORDS CENTER FACILITY

Current through 2024-29, July 17, 2024
Users are responsible for agency records they are viewing
				  while at the State Records Center until the materials are returned to a State
				  Records Center employee. A user's responsibility for agency records while at
				  the State Records Center are as follows:
1) Users shall return materials to the State
				Records Center employee as soon as use of them is completed.
2) Users shall notify a State Records Center
				employee before leaving the State Records Center, even for a short period, and
				before leaving shall replace all unbound records in their proper
				containers.
3) Users must keep
				unbound materials in the order in which they were delivered to them.
4) Users shall exercise all possible care to
				prevent damage to agency records furnished to them.
5) Users shall immediately notify a State
				Records Center employee should damage occur to any records.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 255 - MAINE STATE ARCHIVES › Chapter 2 - STATE RECORDS CENTER FACILITY AND SERVICES › Section 255-2-10 - VIOLATION OF RULES

Current through 2024-29, July 17, 2024
Violation of any provision of these rules, except those
				  violations for which specific penalties are provided, is a Class E
				  crime.