reglab/statecodes huggingface dataset:
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 375 - DETERMINATION OF SAFETY AND SUFFICIENCY OF DAM OR RESERVOIR › Section 001-375-3 - Decision

Current through 2024-29, July 17, 2024
A. Following the determination of the
				consequences of failure, the site inspection and hearing, and appropriate
				analyses, the Inspector of Dams shall forthwith report his findings and his
				opinion of the safety and sufficiency of the dam or reservoir to the
				Commissioner of the Department of Agriculture, Food and Rural Resources.
				Pursuant to 38 M.R.S.A. §812, said findings and opinion shall include the
				Inspector's conclusion as to whether or riot such dam or reservoir is unsafe or
				dangerous to the lives or property of persons residing, carrying on business or
				employed near or below the same.
B.
				Such findings and opinion shall simultaneously be mailed to a representative of
				the petitioners, any intervenors, and the owners of the dam or reservoir.
				Within fourteen days of their receipt of such findings and opinion, these
				parties may file with the Inspector proposed findings, written comments,
				statements and arguments thereon. In the discretion of the inspector,
				additional time may be granted if the dam or reservoir owner desires to
				commission, at his own expense, an additional safety assessment of the dam or
				reservoir. Such request must be made within fourteen days of receipt of the
				Inspector's findings and opinion. Title 01-019 CMR 30.5M shall apply to these
				proceedings as modified by the procedures set forth herein.
C. Upon the expiration of the comment period
				or the Inspector's receipt of an additional safety assessment, as the case may
				be, the record shall be closed (subject to 01-019 CMR 30.5N). The Inspector
				shall thereupon issue a final report to the Commissioner of Agriculture, Flood
				and Rural Resources. In the case of finding a dam to be unsafe, or
				insufficient, the Commissioner shall notify all interested parties, including
				owners with riparian rights, municipalities in which the darns are located and
				any other persons or organizations he deems necessary.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 375 - DETERMINATION OF SAFETY AND SUFFICIENCY OF DAM OR RESERVOIR › Section 001-375-5 - Qualifications in Declaring a Dam Safe

Current through 2024-29, July 17, 2024
The Inspector of Dam shall declare a dam or reservoir "safe"
				  if he finds no evidence that the dam or reservoir is unsafe during his field
				  inspection or through his calculations of the safety based upon reasonable
				  assumptions. In a case where the Inspector is of the opinion that there are
				  insufficient field measurements or other data to verify definitively that
				  certain safety criteria have been met (such as described in section
				  3, Sub-sections A through(L), then the
				  Inspector of Dam may declare a dam or reservoir safe subject to further
				  specific studies which he shall recommend to the dam owner. The Inspector may
				  also declare a dam safe subject to review by the Inspector at some later
				  date.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 380 - WOOD MEASUREMENT RULES - GENERAL PROVISIONS › Section 001-380-1 - STATEMENT OF INTENT

Current through 2024-29, July 17, 2024
A.
Accuracy
				and verifiability
. It is the intent of the State Sealer that all methods
				of determining the amount of wood in wood transactions shall provide an
				accurate and verifiable count of the volume, quantity, dimension, or weight
				measured.
B.
Suitability of
				measurements
. It is the intent of the State Sealer that wood be measured
				by a method which is suitable to the wood production form and type of wood
				transaction involved.
C.
Unfair or deceptive dealings
. It is the intent of the State Sealer
				that unfair deceptive dealings in the measurement of wood be prevented by
				requiring measurement tally sheets in sufficient detail.
D.
Uniform measurement standards and
				procedures
. It is the intent of the State Sealer to establish uniform
				measurement standards and procedures which provide for accurate and verifiable
				measurements that can be efficiently and conveniently applied in wood
				transactions.
E.
Licensing of
				scalers
. It is the intent of the State Sealer to establish a licensing
				program for persons who measure wood to promote independent
				accountability.
F.
Meaningful
				enforcement
. It is the intent of the State Sealer to establish an
				enforcement program that will deter violations of these Wood Measurement Rules
				and that will provide for the expeditious investigation of
				complaints.
G.
Construction
. it is the intent of the State Sealer that these Wood
				Measurement Rules, which the State Sealer is required to promulgate and adopt
				under 10 M.R.S.A. §2367, be construed in conjunction with and in light of
				the Weights and Measures Law ( 10 M.R.S.A. §2301
et seq
.)
				and in particular with the requirements of the Wood Measurement Law (
				10M.R.S.A. §2361-A
et seq
.). These rules are not to be
				construed as modifying any rights or obligations granted or imposed by the
				Uniform Commercial Code ( 11 M.R.S.A. § 1 - 101
et seq
.)
				or the labor laws of this State ( 26 M.R.S.A. § 1
et
				seq
.)
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 380 - WOOD MEASUREMENT RULES - GENERAL PROVISIONS › Section 001-380-2 - APPLICABILITY

Current through 2024-29, July 17, 2024
A.
Consumer transactions
				excluded
. These Wood Measurement Rules govern all wood transactions in
				which measurement forms the basis for payment, except that they do not apply to
				the measurement of firewood in consumer transactions on the retail
				market.
B.
Types of wood
				transactions
. For measurement purposes, the State Sealer recognizes two
				distinct types of wood transactions: payment for services and a sale involving
				transfer of title to the wood. These two types of wood transactions are treated
				differently in the Wood Measurement Law and these Wood Measurement Rules.
1.
Nature of transaction
. The
				determination of which type of wood transaction is involved is based on whether
				there in fact occurs the transfer of title to the wood. It is the nature of the
				transaction that is considered rather than the terminology used by the parties.
				ordinarily, the determination can be made by asking the question: Was payment
				made for services or for wood"
2.
Payment for services
(a) Payment
				for services includes payment for services in harvesting, for services in
				hauling, and for services in both harvesting and hauling.
(b) The parties to a payment for services
				transaction are the person providing services and the person requiring
				services.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 380 - WOOD MEASUREMENT RULES - GENERAL PROVISIONS › Section 001-380-3 - TERRITORIAL APPLICATION

Current through 2024-29, July 17, 2024
A.
Wood
				measurement transactions within the state
. The measurement of wood
				within the State of Maine is subject to these Wood Measurement Rules regardless
				of where the wood was harvested or to what destination the wood will be
				delivered after measurement.
B.
Wood measured outside the State
. When wood harvested within the
				State of Maine is taken out of the state before measuring these Wood
				Measurement Rules apply as follows:
1.
Payment for services
(a) These
				Wood Measurement Rules govern the measurement of all wood in all transactions
				in which payment is made for services harvesting or hauling wood that is
				harvested within the state of Maine.
(b) The Wood Measurement Law and these Wood
				Measurement Rules allow persons requiring services the privilege of measuring
				outside of the state wood that is harvested in the state of Maine. Under
				certain conditions this privilege may be suspended.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 380 - WOOD MEASUREMENT RULES - GENERAL PROVISIONS › Section 001-380-4 - VIOLATIONS AND PENALTIES

Current through 2024-29, July 17, 2024
A.
Penalties
				and private actions
. The Wood Measurement Law, in 10 M.R.S.A.
				§2368, provides
STATUTORY PROVISION
'2368. Violations; penalties
1. Civil violations. Violations of [the Wood
				Measurement Law] or any rule promulgated pursuant to [the wood Measurement Law]
				shall be a civil violation punishable by a civil penalty not to exceed $1,000
				for a first offense and $2,000 for each subsequent offense. These civil
				penalties may be recovered by the State Sealer on behalf of the State in a
				civil action.
2. Private action.
				Any person who violates [the Wood Measurement Law] or any rule promulgated
				pursuant to [the Wood Measurement Law] shall be liable in a civil action to any
				person aggrieved by the violation, pursuant to the remedies set forth in Title
				26, section 626-A. The civil action for damages may be brought by either the
				aggrieved party or, at the request of the State Sealer, by the Attorney
				General.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 380 - WOOD MEASUREMENT RULES - GENERAL PROVISIONS › Section 001-380-5 - SEVERABILITY

Current through 2024-29, July 17, 2024
If any provision of these Wood Measurement Rules is invalid,
				  or if the application of any provision of the rules to any person or
				  circumstance is invalid, the invalidity shall not affect other provisions or
				  applications which can be given effect without the invalid provision or
				  application.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 380 - WOOD MEASUREMENT RULES - GENERAL PROVISIONS › Section 001-380-6 - INFORMAL ADVISORY COMMITTEE

Current through 2024-29, July 17, 2024
The State Sealer may appoint and maintain an informal
				  advisory committee composed of persons representing a cross section of
				  interests governed by these Wood Measurement Rules, such as independent and
				  service contractors, woods workers, land managers, land owners, and owners and
				  operators of mills of various types, as well as representatives of interested
				  government agencies.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 381 - GENERAL REQUIREMENTS FOR WOOD TRANSACTIONS › Section 001-381-1 - GENERAL PROHIBITIONS

Current through 2024-29, July 17, 2024
A.
Underscaling or Overscaling
. In all wood transactions, no person
				who measures wood shall represent a weight, volume, quantity or dimension of
				wood which is less than or more than the weight, volume, quantity, or dimension
				of wood to be measured where the measurements made by that person are required
				to determine payment.
B.
Unauthorized systems of measurement
. In all wood transactions, no
				person who measures wood may use a system of measurement that is not authorized
				in Chapter 382 of these Wood Measurement Rules, except that the State Sealer
				WMR-381-1 may give temporary approval to a new system of measurement that has
				been proposed pursuant to 5M.R.S.A. §8055 (Petition for rulemaking). A
				temporary approval of a new system of measurement shall be based on a finding
				that
1. the parties to the transaction have
				agreed to use the proposed system; and
2. the proposed system appears reasonable and
				appropriate for its intended use.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 381 - GENERAL REQUIREMENTS FOR WOOD TRANSACTIONS › Section 001-381-2 - GENERAL REQUIREMENTS WHERE PAYMENT IS MADE FOR SERVICES IN HARVESTING WOOD

Current through 2024-29, July 17, 2024
A.
Full
				Measure Required in Payment for Services in Harvesting
. All wood which
				is tendered for measurement shall be measured in full without regard to any
				scaling defects or other merchantability factors, and any deduction from gross
				scale is prohibited.
1. The measurement
				procedures for gross scale are set forth in Chapter 382, section 6. These
				measurement procedures provide for all reductions for quantity factors
				necessary for accurate measurement (e.g. excessive voids in a pile of
				wood).
2. No reductions that are
				not provided for in these measurement procedures may be made by being described
				as a deduction for a quantity factor or by being described in any other
				way.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 381 - GENERAL REQUIREMENTS FOR WOOD TRANSACTIONS › Section 001-381-3 - GENERAL REQUIREMENTS WHERE PAYMENT IS MADE FOR SERVICES IN HAULING WOOD AND FOR SERVICES IN BOTH HARVESTING AND HAULING WOOD

Current through 2024-29, July 17, 2024
A.
Full Measure Required
1.
Full Measure in Hauling
. All
				wood that was designated to be hauled and which was hauled, shall be measured
				in full without regard to any merchantability factor. Payment for services in
				hauling shall be based on the measurement procedure for gross scale set forth
				in Chapter 382, section 6.
2.
Full Measure in Both Harvesting and Hauling
. All wood that was
				designated to be harvested and hauled and which was harvested and hauled, shall
				be measured in full without regard to merchantability factor. Payment for
				services in harvesting and hauling shall be based on the measurement procedure
				for gross scale set forth in Chapter 382, section 6 for each measurement
				system.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 381 - GENERAL REQUIREMENTS FOR WOOD TRANSACTIONS › Section 001-381-4 - REQUIREMENTS FOR WRITTEN CUTTING AND HAULING SPECIFICATIONS WHERE PAYMENT IS MADE FOR SERVICES

Current through 2024-29, July 17, 2024
A.
Cutting
				specifications
. Any person requiring services in harvesting wood shall
				furnish the person providing the services with written cutting specifications.
				The cutting specifications shall:
1. Identify
				the trees that are to be harvested and yarded, such as by:
(a) species;
(b) Minimum butt diameter;
(c) Reference to a marked area in the case of
				clear cutting, or cutting a right of way; or
(d) Reference to marked trees in the case of
				selective cutting.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 381 - GENERAL REQUIREMENTS FOR WOOD TRANSACTIONS › Section 001-381-5 - GENERAL REQUIREMENTS IN THE SALE OF WOOD

Current through 2024-29, July 17, 2024
A.
Wood Quality Specifications
1.
Requirements for wood quality
				specifications
. In a sale transaction, written wood quality
				specifications are required. The wood quality specifications shall:
(a) Describe the wood which the buyer will
				purchase, including acceptable species, acceptable dimensions, and quality or
				grading standards. Any scaling defect or other merchantability factor for which
				a deduction may be taken shall be included in the wood quality
				specifications.
(b) Describe how
				culled wood will be marked.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 381 - GENERAL REQUIREMENTS FOR WOOD TRANSACTIONS › Section 001-381-6 - GENERAL REQUIREMENTS FOR A SALE OF STUMPAGE AND PAYMENT FOR SERVICES IN A COMBINED TRANSACTION

Current through 2024-29, July 17, 2024
Combined transaction
. Regardless of when title
				  to the wood passes, whenever a buyer purchases stumpage from a contractor,
				  landowner or other party and, as a part of the same transaction, that same
				  contractor, landowner or other party (the seller) provides the services in
				  harvesting the wood, or provides the services in both harvesting and hauling
				  the wood,
A.
Written
				specifications
. The stumpage buyer shall furnish that contractor,
				landowner or other party with written cutting, or cutting and hauling,
				specifications in advance of performance of the services, as provided in
				section 4; and
B.
Measurement
				in full
. The wood shall be measured in full using the measurement
				procedure for gross scale for the measurement system utilized, as provided in
				Chapter 382, section 6, and no deductions from gross scale may be taken except
				as permitted in this chapter, Sections 2 and 3.
Note
: Ordinarily the purchase of stumpage is not
				  combined with payment for services and is simply a sale transaction. See
				  Chapter 380 section
				  2(B) for further
				  clarification of the purchase of stumpage or stumpage rights.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 381 - GENERAL REQUIREMENTS FOR WOOD TRANSACTIONS › Section 001-381-7 - SUSPENSION OF PRIVILEGE TO MEASURE WOOD OUT OF STATE WHERE PAYMENT IS MADE FOR SERVICES

Current through 2024-29, July 17, 2024
A.
In-state
				measurement required
. Under the following circumstances, wood harvested
				in the state of Maine shall be measured before being taken outside the state:
1. Payment is made for services in harvesting
				or hauling, or in both harvesting and hauling, and is based on measurement of
				the wood; and
2. The State Sealer,
				after investigation, has reason to believe that:
(a) There has been inaccurate measurement of
				wood; or
(b) The measurement of
				wood was inaccurately or incompletely represented on the measurement tally
				sheet; or
(c) A measurement tally
				sheet was not promptly furnished, as required in section 1 or 2, depending on
				the services provided; and
(d) The
				occurrence of any of the alleged violations described in (a) through (c) above
				was not an inadvertent error.
3. For purposes of paragraph (2), the State
				Sealer has "reason to believe" that one of the alleged violations described in
				paragraph (2), subparagraphs (a) through (c) has occurred, when, following an
				investigation in which the person requiring services has an opportunity to
				present evidence to the contrary, the State Sealer believes that the violation
				occurred and finds that the evidence to the contrary presented by the person
				requiring services is insufficient to rebut that belief.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 382 - MEASUREMENT OF WOOD AND DECLARATION OF QUANTITY › Section 001-382-1 - MEASURING INSTRUMENTS AND GENERAL RULES OF MEASUREMENT

Current through 2024-29, July 17, 2024
A.
Measuring instruments -
				construction
1. Sticks for scaling
				wood. All sticks for scaling wood shall conform to the following requirements:
(a) The zero end of each stick shall have
				metal securely attached to it.
(b)
				Markings indicating graduations and numbers shall be permanent and easily
				read.
(c) The finish shall be
				smooth and painted with a durable clear coating.
(d) The allowable error in graduations shall
				be determined according to the following table:
Nominal Interval from Zero (Feet)
Tolerance
							 in Excess or Deficiency No Greater than (Inches)
3 or less
0.1
4
0.13
5
0.16
6
0.19
7
0.21
8
0.24
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 382 - MEASUREMENT OF WOOD AND DECLARATION OF QUANTITY › Section 001-382-2 - PROHIBITION AGAINST CONVERSION BETWEEN SYSTEMS OF MEASUREMENT AND THE DECLARATION OF QUANTITY FOR PAYMENT OR PRICE

Current through 2024-29, July 17, 2024
A.
Declaration of quantity for payment or price
. The quantity of wood
				and the related payment or price shall in all cases be represented in the
				standard unit for the measurement system used. The standard unit for each
				measurement system is provided in the appendix, page A-1.
B.
Prohibition against conversions
				between measurement systems
. Conversion between measurement systems is
				prohibited except under the following circumstances:
1. There is an absolute conversion factor
				between the two measurement systems and the conversion factor is stated. For
				example, conversion from cubic volume to metric volume is permitted;
				or,
2. The quantity is described in
				a term that corresponds directly to the total quantity measured, and the
				relationship between the descriptive term and the standard unit of measurement
				is provided. For example, the price of chips may additionally be expressed per
				truckload, where one truckload is specified as a particular number of
				chipcords; or,
3. The conversion is
				for inventory purposes only unrelated to payment for the wood.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 382 - MEASUREMENT OF WOOD AND DECLARATION OF QUANTITY › Section 001-382-3 - MIXED LOADS IN PAYMENT FOR SERVICES IN HARVESTING

Current through 2024-29, July 17, 2024
Where more than one person or crew harvests wood which will
				  not be measured until after it is hauled from the harvesting area, the wood
				  shall be separately measured. This requirement does not apply under the
				  following circumstances:
A. Where the
				persons providing the services agree in advance how the mixed load is to be
				allocated among them.
B. In the
				case of chipped wood, the persons providing the services may agree as to how
				the volume of the contents of the container is to be allocated among them. In
				the absence of an agreement, the person requiring services shall keep the piles
				of wood separate and shall allocate the quantity of chips based on the
				measurement of the separate piles.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 382 - MEASUREMENT OF WOOD AND DECLARATION OF QUANTITY › Section 001-382-4 - MULTIPLE PRODUCTION FORMS IN PAYMENT FOR SERVICES IN HARVESTING

Current through 2024-29, July 17, 2024
Whenever wood is required to be harvested in one production
				  form, such as tree length, but is not measured until the stems are prepared
				  into another production form or forms according to the preparation directions
				  in the cutting specifications, each portion of the prepared stem shall be
				  separately identified and measured according to the requirements for its
				  production form.
NOTE: An example of multiple production forms is stems that
				  are required to be harvested and yarded tree length, and then are required to
				  be bucked into log lengths and the remaining semi-tree length portion piled, or
				  bucked into 4 foot lengths, or chipped, or otherwise
				  prepared.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 382 - MEASUREMENT OF WOOD AND DECLARATION OF QUANTITY › Section 001-382-5 - WOOD PRODUCTION FORM AND CORRESPONDING AUTHORIZED SYSTEM OF MEASUREMENT

Current through 2024-29, July 17, 2024
The production form of harvested wood is the form in which it
				  is tendered for measurement. In the absence of a written agreement of the
				  parties, the state standard system of measurement for a given production form
				  shall be used. Where the parties make a written agreement, they may agree to
				  use any authorized system of measurement which is permitted by this section for
				  a given production form.
A.
Tree
				length wood
. Tree length wood means harvested trees that may have been
				topped, limbed, or butted back.
1. State
				standard - butt measure. Butt Measure is the state standard for the measurement
				of tree length stems in all transactions involving payment for services, and in
				all sales of wood where gross scale is the basis for payment. In the sale of
				wood where net scale is the basis for payment, butt measure is not
				permitted.
2. Other authorized
				systems of measurement. Where agreed upon, the parties may use any of the
				following authorized systems of measurement for tree length wood:
(a) Cubic measure;
(b) Butt scale: In the sale of wood, butt
				scale is permitted. In the case of payment for services, the use of butt scale
				is prohibited;
(c) Count;
				and
(d) Weight scale.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 383 - MEASUREMENT AND PROMPT FURNISHING OF MEASUREMENT TALLY SHEETS › Section 001-383-1 - MEASUREMENT AND PROMPT FURNISHING OF MEASUREMENT TALLY SHEET REQUIRED

Current through 2024-29, July 17, 2024
A.
Payment for services
NOTE
: These Rules shall not be read to undermine
				  or otherwise interfere with the right to prompt payment of wages in the case of
				  employees under the Maine Labor Laws. See 26 M.R.S.A. §621, "Time of
				  payment" (requiring payment within 8 days) and § 626 "Cessation of
				  employment".
1.
General
				Rule.
The person requiring the services in harvesting or hauling shall
				measure the wood and promptly furnish to the person providing services a
				completed measurement tally sheet. In payment for services, to measure wood and
				"promptly" furnish the completed tally sheet means to measure the wood and
				furnish the tally sheet within 15 days after the services in harvesting or
				hauling were rendered.
(a)
Weight scale
				exception for harvesting wo
od. Where the wood will not be weighed within
				15 days of when services in harvestings were rendered, the person providing the
				services may require an alternative method of measurement or may agree to
				delayed weight scale as permitted under the "green wood rule", Chapter 382,
				section 6(J)(2-A).
(b)
Delayed weight scale record
. When wood is weighed later than 15
				days after the services were rendered, the person requiring the services shall
				prepare a written record of the wood involved. The written record shall be
				given to the person providing the services in harvesting no later than 20 days
				from when the services were rendered and shall include the following
				information:
(i) the date;
(ii) the identity of the person or persons
				providing services in harvesting the wood by name or crew number;
(iii) a description of the wood in sufficient
				detail for the person providing services to identify it, as by location and
				pile number;
(iv) the location
				where the wood is expected to be measured;
(v) the date by which the wood will be
				measured; and
(vi) the percentage
				adjustment that the parties have agreed upon to account for any anticipated
				moisture (weight) loss.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 383 - MEASUREMENT AND PROMPT FURNISHING OF MEASUREMENT TALLY SHEETS › Section 001-383-2 - CONTENTS OF MEASUREMENT TALLY SHEET IN PAYMENT FOR SERVICES AND SALE CITY TRANSACTIONS

Current through 2024-29, July 17, 2024
NOTE
: Sample tally sheets are available upon
				  request from the State Sealer.
A.
General Information Required
. All measurement tally sheets must
				include the following information:
1.
Parties identified
: Identification of the parties.
2.
Wood identified
: A
				description of the wood in sufficient detail for the parties to identify it.
				This may be by species, pile number, load number, location of origin, or
				otherwise. In the case of delayed weight scale, identify the written record of
				the wood involved, by date or otherwise.
3.
Date
: The date the wood was
				measured.
4.
System
:
				The system of measurement used.
5.
Marking
: Where marking is required, the color of the marker used
				to mark the measured wood, and haw culled pieces will be marked.
6.
Scaler
. The handwritten or
				stamped signature and license number of the scaler who measured the wood, or
				the signature of any other person who measured the wood and the name and
				license number of the supervising or authorizing scaler.
7.
Scaling measurements
. The
				scaling measurements of the wood measured, as required for the measurement
				system utilized. Set forth below in subsection C is the specific information
				for each measurement system.
(a) In the case
				of payment for services, the scaling measurements must be included on the
				Measurement Tally Sheet.
(b) In the
				case of a sale, this requirement to provide the scaling measurements may be
				omitted by agreement of the parties.
8.
Culled wood
(a) The number of culled stems or pieces and
				the reason for culling.
(b) In the
				case of payment for services, where the wood is removed from the harvesting
				site, the actual measurement of the culled wood or a reasonable estimate of the
				measurement of the culled wood.
9.
Gross scale and deductions for each
				unit measured
. The gross scale and the amount of any permissible
				deductions from the gross scale for each unit measured indicating the reason
				for the deductions. The reason for the deductions may be provided by way of a
				code or other system of identification. (Reference should be made to chapter
				381 to determine when deductions from gross scale are permissible.)
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 383 - MEASUREMENT AND PROMPT FURNISHING OF MEASUREMENT TALLY SHEETS › Section 001-383-3 - OFF-SITE MEASUREMENT: PRELIMINARY RECORD WHERE PAYMENT IS MADE FOR SERVICES HARVESTING WOOD

Current through 2024-29, July 17, 2024
A.
Preliminary Record Required
. When wood will be measured after it
				is removed from the harvesting area, persons requiring services harvesting wood
				shall make a cumulative daily record of all loads of wood removed from the
				harvesting area, numbering in consecutive order each load removed.
B.
Responsibility for Preliminary
				Record
. The person requiring the service is responsible for preparing
				and making the preliminary record available. This responsibility may be carried
				out by another person provided that other person is in a position to maintain a
				daily cumulative record of all loads of wood hauled. Preparation of the
				preliminary record may not be delegated to persons who are not in a position to
				maintain a daily cumulative record of all loads of wood hauled.
NOTE
: For example, persons who ordinarily
				  prepare the preliminary record are the logging service contractor, or the crane
				  operator who loads the wood.
C.
Contents of Preliminary Record
. The record must include the
				following information for each load of wood removed:
1. the date;
2. the load number;
3. the identity of the person or persons
				providing services in harvesting the wood by name or crew number;
4. a description of wood in each load, in
				sufficient detail for the person providing services to identify it, as by
				location and pile number;
5. the
				location where the wood will be measured.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 383 - MEASUREMENT AND PROMPT FURNISHING OF MEASUREMENT TALLY SHEETS › Section 001-383-4 - MEASUREMENT TALLY SHEETS WHERE PRIVILEGE TO MEASURE WOOD OUT OF STATE HAS BEEN SUSPENDED

Current through 2024-29, July 17, 2024
During the period of time that an order suspending the
				  privilege to measure wood outside of the state (as described in Chapter 381,
				  section(7) is in effect, the person requiring services to whom the order is
				  directed must furnish any person providing services with a measurement tally
				  sheet prior to hauling the wood out of state, and in accordance with the
				  general requirements set forth in this chapter.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 384 - WOOD MEASUREMENT RULES - COMPLAINTS AND INVESTIGATIONS › Section 001-384-1 - FILING OF WOOD MEASUREMENT COMPLAINTS

Current through 2024-29, July 17, 2024
NOTE
: A sample wood measurement complaint is in
				  the appendix, page A-19.
A.
Who
				may file a complaint
. Any person who believes that he has been aggrieved
				by a violation of the Wood Measurement Law or these Wood Measurement Rules may
				file a complaint with the State Sealer. The address and phone number of the
				State Sealer are:
State Sealer
Department of Agriculture, Food and Rural Resources
Division of Regulations
28 State House Station
Augusta, ME 04333
(207) 287-3841 (From 7:30 A.M. to 5:00 P.M. weekdays this
				  number will be answered.)
B.
Form of complaint
. The complaint may be made either orally or in
				writing. If the complaint is made orally:
1.
				The State Sealer shall prepare a written complaint.
2. The State Sealer may also require that the
				complainant submit his complaint in writing, postmarked no later than 5 days
				after the date of the oral complaint.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 384 - WOOD MEASUREMENT RULES - COMPLAINTS AND INVESTIGATIONS › Section 001-384-2 - STATE SEALER'S DETERMINATION OF TYPE OF COMPLAINT AND OF RESPONDENT

Current through 2024-29, July 17, 2024
Upon receipt of a complaint, the State Sealer shall determine
				  whether the complaint is for disputed wood, or whether it is a general
				  complaint.
A.
Disputed wood
				complaints
. Whenever the alleged violation is that specific wood was
				inaccurately measured, the complaint is for disputed wood.
B.
General complaints
. Any
				complaint which alleges any other type of violation is a general complaint.
				Examples of general complaints are:
1.
				Conversion from weight scale to another system of measurement for purposes of
				computing payment or price;
2. Use
				of an unauthorized system of measurement or improper use of an authorized
				system;
3. The taking of deductions
				for scaling defects where payment is made for services;
4. Refusal to measure wood that was
				designated to be harvested and yarded and was prepared as directed;
5. Failure to promptly furnish a measurement
				tally sheet, or
6. Non-compliance
				with licensing requirements.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 384 - WOOD MEASUREMENT RULES - COMPLAINTS AND INVESTIGATIONS › Section 001-384-3 - TIME REQUIREMENTS FOR FILING COMPLAINTS

Current through 2024-29, July 17, 2024
A.
Disputed wood complaints
. A
				complaint that specific wood has been inaccurately measured shall be made
				within 15 days from the date on which the complainant discovered the alleged
				inaccurate measurement of the wood.
B.
General Complaints
. A
				complaint other than a disputed wood complaint shall be made within a
				reasonable time after the complainant discovers the alleged violation, as
				determined by the State Sealer.
C.
Consequences of filing a disputed wood complaint more than 15 days after
				discovery of the inaccurate measurement of the wood
1. Whenever the State Sealer receives a
				complaint that is for the inaccurate measurement of specific wood and the State
				Sealer determines that the complaint was made more than 15 days from the date
				of discovery of the alleged violation, the State Sealer shall notify the
				complainant that no investigation of the complaint will be made, stating:
(a) That the State Sealer has reasonable
				grounds to believe the complaint was not timely filed and stating the reasons
				for that belief;
(b) That the
				private right of action afforded under the Wood Measurement Law ( 10 M.R.S.A.
				§2368(2) ) is not available to an aggrieved party in the case of an
				untimely complaint for disputed wood; and
(c) That the unavailability of a remedy under
				the Wood Measurement Law does not modify any contract rights or other remedies
				under law that may be available to the aggrieved party.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 384 - WOOD MEASUREMENT RULES - COMPLAINTS AND INVESTIGATIONS › Section 001-384-4 - ADDITIONAL PROCEDURES RELATING TO DISPUTED WOOD COMPLAINTS

Current through 2024-29, July 17, 2024
A.
Notice to hold wood
1.
Notice by complainant
. The
				complainant may, if he chooses, give notice to the person with possession or
				control of the wood to which the alleged violation relates that a complaint has
				been or will be filed and that he wants the wood to be held. The notice is
				effective if the wood can be separately identified at the time the notice is
				received. Notice to hold wood may be oral or written.
2.
Notice given before complaint
				filed
. If the complainant gives notice to the person with possession or
				control of the wood before he files the complaint, he must file the complaint
				on or before the 4th day after the day on which he gives that notice, but in no
				case later than 15 days from the date of discovery of the alleged
				violation.
3.
Effect of
				notice
. If the complainant gives notice to the person with possession or
				control of the wood that a complaint has been or will be filed, that person may
				not thereafter cause or allow the wood, if it can be separately identified, to
				be removed, cut, or otherwise processed so that it can no longer be separately
				identified and check measured, until permitted to do so by an order of the
				State Sealer.
(a) However, if the person with
				possession or control of the wood does not receive an order impounding the wood
				from the State Sealer within 12 days after receiving the notice to hold wood
				from the complainant, he may, after the 12th day, remove, cut, or otherwise
				process the wood.
(b) The person
				with possession or control of the wood may move the wood, provided the
				following requirements are met:
(i) He must
				maintain the form of the wood and its separate identity.
(ii) He may move it only once and only to a
				place at which it is no less convenient for the State Sealer to check measure
				or otherwise investigate the wood.
(iii) At that time the wood is moved, he must
				inform the complainant and the State Sealer of the location to which the wood
				will be moved. He may inform them orally or in writing, but if he does so
				orally the State Sealer may require that he also provide the information in
				writing.
(iv) The wood may not be
				moved again unless written prior permission is obtained from the State
				Sealer.
(c) Upon receipt
				from a complainant of a notice to bold wood, the person in possession or
				control of the wood may himself contact the State Sealer. if notification from
				the person in possession or control of the wood is received before the
				complaint is filed, the State Sealer may not investigate until the complaint is
				made.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 384 - WOOD MEASUREMENT RULES - COMPLAINTS AND INVESTIGATIONS › Section 001-384-5 - IMPOUNDMENT OF WOOD

Current through 2024-29, July 17, 2024
A.
Authority
. Whenever the State Sealer believes that a violation of
				these Wood Measurement Rules may have occurred and that impoundment of wood is
				reasonably necessary for the furtherance of the investigation, the State Sealer
				may issue an order impounding wood.
B.
Impoundment order
. To impound
				wood, the State Sealer shall issue an order to the person with possession or
				control of the wood, identifying the wood to be impounded and ordering the
				person not to remove, cut, or otherwise process the impounded wood until he is
				permitted to do so by further order of the State Sealer.
1. An impoundment order may be given either
				orally or in writing.
2. If the
				impoundment order is given orally, within 4 days of giving the oral order the
				State Sealer shall send a written order by certified mail to the person with
				possession or control of the wood.
3. The State Sealer shall send a copy of any
				written impoundment order to the parties to the wood transaction, if
				known.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 384 - WOOD MEASUREMENT RULES - COMPLAINTS AND INVESTIGATIONS › Section 001-384-6 - NOTIFICATION TO RESPONDENTS

Current through 2024-29, July 17, 2024
A.
Notification required
1.
Disputed wood complaint
. Following issuance of an impoundment
				order, and no later than the date of check measurement, the State Sealer shall
				furnish the respondents to the complaint with a statement of the alleged
				inaccurate measurement. If no wood is impounded or check measured, the State
				Sealer shall furnish the respondents with a statement of the alleged inaccurate
				measurement within 10 days of receipt of the complaint.
2.
General complaint
. The State
				Sealer shall furnish the respondents with a statement of the alleged violation
				within 10 days of receipt of the complaint and in no case later than the date a
				check measurement is undertaken.
3.
Spot checks
. Whenever the State Sealer conducts a spot check of
				the measurement of wood, and regardless whether the spot check is in response
				to a complaint, the State Sealer is not required to provide notice to the
				person with possession or control of the wood in advance of the date of the
				check measurement.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 384 - WOOD MEASUREMENT RULES - COMPLAINTS AND INVESTIGATIONS › Section 001-384-7 - INVESTIGATION OF DISPUTED WOOD COMPLAINTS

Current through 2024-29, July 17, 2024
A.
Investigation required
. Upon timely receipt of a complaint for
				disputed wood, the State Sealer shall investigate the complaint.
B.
Methods of investigation
. As
				part of the investigation the State Sealer may:
1. Subpoena such witnesses and documents as
				may be necessary for the furtherance of the investigation;
2. Cause the disputed wood to be impounded,
				in accordance with section 5, if it can be separately identified;
3. Conduct a check measurement of the wood in
				accordance with section 9;
4.
				Engage in informal fact-finding meetings and interviews with the complainant,
				the respondent, and any other person whose statement may provide information or
				evidence;
5. Use such other methods
				that are reasonably necessary for the furtherance of the
				investigation.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 384 - WOOD MEASUREMENT RULES - COMPLAINTS AND INVESTIGATIONS › Section 001-384-8 - INVESTIGATION OF GENERAL COMPLAINTS

Current through 2024-29, July 17, 2024
Whenever a general complaint is filed and the State Sealer
				  determines that a violation may have occurred, he shall conduct an
				  investigation of the complaint which may include any of the procedures or
				  methods provided for in section
				  7, except that if the State Sealer
				  determines that impoundment is reasonably necessary for the furtherance of the
				  investigation, be shall impound only where the wood can be separately
				  identified and he may impound wood no more than 24 hours in advance of
				  examining the wood in question.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 384 - WOOD MEASUREMENT RULES - COMPLAINTS AND INVESTIGATIONS › Section 001-384-10 - INVESTIGATIONS AND CHECK MEASUREMENT ON THE STATE SEALER'S INITIATIVE

Current through 2024-29, July 17, 2024
The State Sealer may, on his own initiative and without any
				  complaint, conduct such investigations and check measurements as he deems
				  necessary to verify and ensure compliance with the requirements of the Wood
				  Measurement Law and these Wood Measurement Rules.
A.
Notice not required
. The
				State Sealer is not required to give notice to any person before undertaking an
				investigation or check measurement on his own initiative.
B.
Check measurement procedures
.
				Check measurements conducted under this section shall be performed in
				accordance with section 9.
C.
State Sealer's powers
. At any time during or after an
				investigation or check measurement under this section, the State Sealer may:
1. Notify any person whose interests may be
				affected by the matter investigated or the check measurement;
2. Invite persons whose interests may be
				affected to meet to discuss the matter investigated or the check
				measurement.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 384 - WOOD MEASUREMENT RULES - COMPLAINTS AND INVESTIGATIONS › Section 001-384-11 - PRELIMINARY FINDINGS AND OPPORTUNITY FOR WRITTEN RESPONSE

Current through 2024-29, July 17, 2024
A.
Preliminary findings
. Within
				20 days of the filing of the complaint the State Sealer shall send a copy of
				his preliminary factual findings to the complainant and respondents by
				certified mail, except that if the State Sealer cannot issue the findings
				within 20 days, he shall so advise the complainant and respondent in writing
				and shall state the date by which he expects to be able to issue
				them.
B.
Opportunity for
				written response
. Upon receipt of the preliminary findings the
				complainant and respondents shall have an opportunity to file a written
				response with the State Sealer, setting forth specific items of disagreement
				and grounds for the disagreement.
1. The
				written response must be received by the State Sealer no later than 10 days
				after receipt of the preliminary findings. Any extension shall be permitted
				only where agreed upon by both the complainant and the respondents.
2. The State Sealer shall only consider items
				of disagreement that are submitted in writing and which address:
(a) Relevant factual errors;
(b) Relevant omissions of facts, or
(c) Relevant issues and questions concerning
				interpretations of law.
3. The State Sealer shall mail a copy of any
				response received to the other parties to the complaint.
4. The State Sealer is not required to permit
				the other parties to a complaint the opportunity to rebut any written response,
				except where, as a result of the response, the State Sealer amends or reverses
				his preliminary findings.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 384 - WOOD MEASUREMENT RULES - COMPLAINTS AND INVESTIGATIONS › Section 001-384-12 - STATE SEALER'S DETERMINATION AND WRITTEN FINDINGS

Current through 2024-29, July 17, 2024
A.
Determination and written findings
				required
. After considering the results of the investigation and any
				written response to preliminary findings, the State Sealer shall make and issue
				a determination whether there are reasonable grounds to believe a violation has
				occurred. The determination shall be accompanied by a written statement of
				findings.
B.
Contents of
				determination and findings
. The determination and findings of the State
				Sealer shall include:
1. A brief description
				of the alleged violation;
2. The
				results of the investigation and a summary of the evidence relied upon;
				and
3. Determinations reached on
				the allegations in the complaint.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 384 - WOOD MEASUREMENT RULES - COMPLAINTS AND INVESTIGATIONS › Section 001-384-13 - INFORMAL RESOLUTION OF DISPUTE

Current through 2024-29, July 17, 2024
Throughout the complaint procedures, the State Sealer may
				  assist the parties in reaching a voluntary resolution of the wood measurement
				  dispute, including settlement of any payment alleged due.