reglab/statecodes huggingface dataset:
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 10 - GENERAL RULES / SCOPE OF PRACTICE › Section 331-10-8 - Disclosure of Ownership Interest

Current through 2024-29, July 17, 2024
A funeral establishment shall disclose the name and address
				  of each person holding an ownership interest in the funeral establishment on
				  each contract or agreement for provision of funeral services or supplies and on
				  the following documents:
Statement of Funeral Goods and Services
					 Selected
									 General Price List ("GPL")
									 Casket Price List ("CPL")
									 Outer Burial Container ("vault") Price List
									 Mortuary Trust Agreement
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 10 - GENERAL RULES / SCOPE OF PRACTICE › Section 331-10-10 - Cost and Availability of Rental Caskets

Current through 2024-29, July 17, 2024
A funeral establishment shall disclose to customers whether
				  or not rental caskets are offered. The cost and availability of rental caskets
				  must be disclosed on the General and Casket Price Lists, along with a
				  description of said caskets. If caskets available for rental purposes have been
				  used previously, this also must be disclosed.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 11 - ANNUAL RENEWAL; CONTINUING EDUCATION; INACTIVE STATUS › Section 331-11-1 - Annual Renewal; Continuing Education

Current through 2024-29, July 17, 2024
Licenses issued by the board are renewable annually upon
				  application to the board and payment of the license fee required by Chapter 10
				  of the rules of the Office of Professional and Occupational Regulation, plus
				  any applicable late fee.
1. At the
				time of an odd-year renewal, practitioners of funeral service shall certify to
				compliance with the continuing education requirement set forth in 32 M.R.S.
				§
									1506 and this
				chapter.
2. At the time of each
				renewal, funeral attendants shall certify as to completion of the annual
				training in bloodborne pathogens and highly hazardous chemicals required by
				Chapter 10, Section
				4(3) of the board's
				rules.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 11 - ANNUAL RENEWAL; CONTINUING EDUCATION; INACTIVE STATUS › Section 331-11-2 - Approved Continuing Education Programs and Activities

Current through 2024-29, July 17, 2024
1. Practitioners of funeral service may
				satisfy the requirement of Section
				1(1) by completing:
(a) programs approved for continuing
				education credit by the Academy of Professional Funeral Service Practice, its
				successor organization or a comparable organization or;
(b) programs hosted or sponsored by the Maine
				Funeral Directors Association or the National Funeral Directors Association,
				their successor organizations or comparable organizations or;
(c) programs hosted or sponsored and approved
				for continuing education credit by any state funeral board or state licensing
				authority; or
(d) any other program
				that relates to the following subject areas:
(i) professional competency, professional
				conduct, business ethics, or legal aspects relating to funeral practice;
				or
(ii) techniques including
				scientific and clinical advances relating to embalming and funeral
				arranging.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 11 - ANNUAL RENEWAL; CONTINUING EDUCATION; INACTIVE STATUS › Section 331-11-3 - Hardship Deferment

Current through 2024-29, July 17, 2024
A licensee may request a deferment of continuing education
				  from the board due to health reasons, military service or other unforeseeable
				  circumstances of genuine hardship. Any licensee who receives a deferment shall
				  make up the deferred continuing education according to a schedule determined by
				  the board in consultation with the licensee.
Deferred continuing education, once completed by a licensee,
				  may not also be used to satisfy the continuing education requirement for a
				  license year other than the year for which the deferment was
				  granted.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 11 - ANNUAL RENEWAL; CONTINUING EDUCATION; INACTIVE STATUS › Section 331-11-4 - Documentation and Audit

Current through 2024-29, July 17, 2024
It is the responsibility of each licensee to maintain
				  records, certificates, or other evidence of compliance with the continuing
				  education requirement. Reporting, verification and audit of continuing
				  education is governed by Chapter 13 of the rules of the Office of the
				  Professional and Occupational Regulation.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 11 - ANNUAL RENEWAL; CONTINUING EDUCATION; INACTIVE STATUS › Section 331-11-5 - Inactive Status Licensure

Current through 2024-29, July 17, 2024
1. Application and
				Renewal
A practitioner of funeral service may apply for an inactive
				  status license. A licensee who applies for inactive status during the 3 months
				  prior to expiration of the license shall demonstrate compliance with the
				  continuing education requirement license year during which application is made.
				  The board may refuse to issue an inactive status license to a licensee
				  who:
C. Is ineligible for renewal of an
				active license; or
D. Applies for
				an inactive status license during the 3 months prior to expiration and fails to
				demonstrate compliance with the continuing education requirement for the
				license year during which application is made.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 12 - TRANSPORTATION OF HUMAN REMAINS

Current through 2024-29, July 17, 2024
SUMMARY: This chapter contains rules regarding the
				transportation of human remains.
STATUTORY AUTHORITY:
				   32 M.R.S.A.
				  §§1451 and
				  1501
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 12 - TRANSPORTATION OF HUMAN REMAINS › Section 331-12-1 - Generally

Current through 2024-29, July 17, 2024
Licensees may transport dead human bodies or human remains
				  only in vehicles owned by or leased to the funeral establishment or a
				  practitioner of funeral service.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 12 - TRANSPORTATION OF HUMAN REMAINS › Section 331-12-2 - Definitions

Current through 2024-29, July 17, 2024
For this chapter, the following terms are defined as:
A.
Multi-purpose Funeral
				Vehicle
: "Multipurpose Funeral Vehicle" means a vehicle, other than a
				hearse, used for transporting dead human bodies or human remains.
B.
Hearse
: "Hearse" means a
				vehicle specially constructed and used for conveying dead human bodies or human
				remains.
C.
Hinge
				Point
: "Hinge Point" means the point on a seat assembly where the
				vehicle seat back attaches to and pivots above the horizontal seat
				base.
D.
Platform
:
				"Platform" means a removable or permanent rigid surface including but not
				limited to a casket floor, a loading deck, or wood or other material that is
				used to facilitate the loading and unloading of transportation
				equipment.
E.
Raised
				Platform
: "Raised Platform" means a platform at a height above the hinge
				point.
F.
Transporation
				Equipment
: "Transportation Equipment" means a stretcher, cot, rack, cot
				mate, tray, platform, casket, alternative container, or like mechanisms that
				are made of metal or other rigid materials and are used for transporting dead
				human bodies or human remains.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 12 - TRANSPORTATION OF HUMAN REMAINS › Section 331-12-3 - Dignity in the transportation of dead human bodies or human remains

Current through 2024-29, July 17, 2024
Licensees transporting dead human bodies or human remains
				  must promote respect for and preserve the dignity of dead human bodies or human
				  remains by:
A. Enclosing and
				concealing dead human bodies or human remains from public view.
B. Providing ample enclosed area to
				accommodate transportation equipment; and
C. Loading, transporting, and unloading dead
				human bodies or human remains without excessive tilting or movement of the
				transportation equipment.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 12 - TRANSPORTATION OF HUMAN REMAINS › Section 331-12-4 - Safety of drivers and passengers in multipurpose funeral vehicles

Current through 2024-29, July 17, 2024
Multipurpose funeral vehicles used to transport dead human
				  bodies or human remains must meet the following requirements:
A. If a platform is used, the following
				apply:
1. The platform must be securely
				attached to the floor of the vehicle when the vehicle is in transit;
				and
2. The platform must be on a
				plane level to the vehicle floor and below the hinge point to the driver and
				front passenger seats.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 12 - TRANSPORTATION OF HUMAN REMAINS › Section 331-12-5 - Transportation of Human Remains by Common Carrier

Current through 2024-29, July 17, 2024
Dead human bodies that are embalmed must be enclosed in a
				  casket or alternative container designed for this purpose when transported by
				  common carrier.
Dead human bodies that are not embalmed or in a decomposition
				  state must be enclosed in a galvanized metal, sealed case (Ziegler or
				  equivalent) or casket designed to prevent leakage of fluids and offensive odors
				  when transported by common carrier.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 13 - DISINTERMENT › Section 331-13-1 - Generally

Current through 2024-29, July 17, 2024
Except as authorized by the Department of Health and Human
				  Services, disinterment must be made under the direct supervision of a
				  practitioner of funeral service. The licensee is responsible for the proper
				  conduct of the disinterment.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 14 - TEMPORARY STORAGE › Section 331-14-1 - Less Than Eight Months

Current through 2024-29, July 17, 2024
Temporary storage of human remains for less than eight
				  months, in tombs or other structures constructed for the temporary storage of
				  human remains, is not regarded as final disposition. Removal of the human
				  remains from these structures is not considered disinterment as governed by
				  Chapter 13 of the board's rules.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 14 - TEMPORARY STORAGE › Section 331-14-2 - Eight Months or Longer

Current through 2024-29, July 17, 2024
The storage of human remains for eight months or longer in a
				  tomb or other structure constructed for the purpose of storage is regarded as
				  final disposition. Removal of the human remains from these structures is
				  considered disinterment as governed by Chapter 13 of the board's
				  rules.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 14 - TEMPORARY STORAGE › Section 331-14-4 - Unembalmed Human Remains

Current through 2024-29, July 17, 2024
Unembalmed human remains must be placed in a sealed casket or
				  container for temporary storage until final disposition occurs.
[NOTE: Practitioners of funeral service shall be mindful of
				  the permitting requirements in Chapter 146, Section 6 of the rules of the
				  Department of Health and Human Services, Office of Data, Research and Vital
				  Statistics relating to the temporary storage of human bodies. Chapter 146 is
				  enforced by the Department of Health and Human Services.]
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 15 - CODE OF ETHICS › Section 331-15-1 - Accurate and Precise Information

Current through 2024-29, July 17, 2024
Licensees have a duty to provide the public with accurate and
				  precise information regarding funerals, embalming, prices, funeral functions
				  and services.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 15 - CODE OF ETHICS › Section 331-15-3 - Standard of Total Honesty

Current through 2024-29, July 17, 2024
Licensees may not make any false or misleading
				  representation, either written or orally. Licensees shall conduct themselves
				  according to a standard of total honesty at all times.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 15 - CODE OF ETHICS › Section 331-15-4 - Respect All Faiths, Customs and Creeds

Current through 2024-29, July 17, 2024
Licensees shall respect all faiths, customs and creeds of the
				  deceased and conduct themselves appropriately.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 15 - CODE OF ETHICS › Section 331-15-6 - Respect, Dignity and Courtesy

Current through 2024-29, July 17, 2024
Licensees shall treat all persons with respect, dignity and
				  courtesy regardless of race, religion, national origin, gender orientation,
				  education, financial status or cause of death.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 15 - CODE OF ETHICS › Section 331-15-7 - Wishes and Respects of Persons Responsible for the Deceased

Current through 2024-29, July 17, 2024
Consistent with
				   22 MRSA
				  §2843-A(5), licensees
				  shall respect and abide by the wishes and requests of persons responsible for
				  the deceased.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 16 - PREARRANGED FUNERALS - MORTUARY TRUST AGREEMENTS › Section 331-16-1 - Creation of Mortuary Trust

Current through 2024-29, July 17, 2024
A mortuary trust subject to
				   32 MRSA
				  §1401 is created when:
1. Funds are entrusted by a payor to a
				funeral home as payee under an agreement that the funds will be used for
				expenses associated with funeral and burial services to be performed in the
				future upon the death of a designated beneficiary; or
2. An existing life insurance policy has been
				assigned to the funeral home as beneficiary, or owner and beneficiary, under an
				agreement that the policy proceeds will be used for expenses associated with
				funeral and burial services to be performed in the future upon the death of the
				person insured.
The funeral home has the obligations of a trustee with
				  respect to the funds or the insurance policy and policy
				  proceeds.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 16 - PREARRANGED FUNERALS - MORTUARY TRUST AGREEMENTS › Section 331-16-2 - Exclusive Forms For Maine Mortuary Trust Agreements

Current through 2024-29, July 17, 2024
A practitioner of funeral service, funeral director or
				  funeral home may not enter into a mortuary trust agreement for performance in
				  this State that does not substantially conform to one of the following forms
				  that is attached to and made a part of this chapter:
1. Maine Mortuary Trust Agreement - Credit
				For Service
What it is -
A credit for service mortuary
				  trust agreement does not obligate a funeral home to provide funeral goods and
				  services for a predetermined price. Rather, the account balance of the trust
				  upon the death of the beneficiary is applied to the cost at time of death of
				  the funeral goods and services selected. The cost at time of death may be
				  higher or lower than the cost of such funeral goods and services at the time
				  the agreement is executed. If the account balance of the trust upon the death
				  of the beneficiary exceeds the cost of the funeral goods and services selected,
				  the payor is entitled to a refund of the excess. If the account balance of the
				  trust upon the death of the beneficiary is insufficient to pay for the funeral
				  goods and services selected, adjustments must be negotiated between the payor
				  and the funeral home. In no event is the funeral home obligated to provide
				  funeral goods or services for which the funeral home will not be
				  compensated.
Payment toward the cost of a credit for service mortuary
				  trust agreement may be made in any amount at any time. A credit for service
				  mortuary trust agreement may be guaranteed by a third party. Funeral goods and
				  services may be selected at time of execution or at any later time.
The payor and the funeral home, upon mutual agreement, may
				  replace a credit for service mortuary trust agreement with a guaranteed price
				  mortuary trust agreement at any time prior to the death of the
				  beneficiary.
A credit for service mortuary trust agreement may contain a
				  conditional guarantee to provide the funeral goods and services selected.
				  Conditions may include, but are not limited to:
A. Agreement by the funeral home to provide
				the funeral goods and services selected once the price set forth in the
				agreement has been paid in full; and
B. Reservation by the funeral home of the
				right to seek payment from the family or estate of the beneficiary, a guarantor
				or other payment source for funeral goods and services provided by the funeral
				home pursuant to the agreement for which the funeral home has not been
				paid.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 16 - PREARRANGED FUNERALS - MORTUARY TRUST AGREEMENTS › Section 331-16-3 - Substantial Conformance

Current through 2024-29, July 17, 2024
A mortuary trust agreement or addendum substantially conforms
				  to one of the forms attached to and made a part of this chapter if:
1. The mortuary trust agreement is identical
				in all respects to one of the forms attached to and made a part of this
				chapter; or
2. The mortuary trust
				agreement or addendum contains all the provisions contained in the applicable
				form attached to and made a part of this chapter plus additional provisions,
				provided that:
A. None of the additional
				provisions are inconsistent with any provisions of the form;
B. None of the additional provisions dilute
				any protection afforded to consumers by the form; and
C. None of the additional provisions are
				inconsistent with
				 32 MRSA
				§1401; or
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 16 - PREARRANGED FUNERALS - MORTUARY TRUST AGREEMENTS › Section 331-16-4 - Minimum Type Size

Current through 2024-29, July 17, 2024
No practitioner of funeral service, funeral director or
				  funeral home shall use any form of mortuary trust agreement, including those
				  printed on funeral home letterhead, in which the body copy is less than 12
				  points in size.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 16 - PREARRANGED FUNERALS - MORTUARY TRUST AGREEMENTS › Section 331-16-5 - Selection of Goods and Services Mandatory in Guaranteed Service Mortuary Trust

Current through 2024-29, July 17, 2024
No funeral director, practitioner of funeral service or
				  funeral home shall execute a guaranteed service mortuary trust agreement unless
				  the payor or settlor has first selected all necessary funeral goods and
				  services, with the possible exception of cash advance items.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 16 - PREARRANGED FUNERALS - MORTUARY TRUST AGREEMENTS › Section 331-16-6 - Fees

Current through 2024-29, July 17, 2024
1. Life Insurance Mortuary Trust Agreements
No fee may be charged by a practitioner of funeral service,
				  funeral director or funeral home in connection with a life insurance mortuary
				  trust agreement.
2.
				Guaranteed Service Mortuary Trust Agreements; Credit for Service Mortuary Trust
				Agreements Other Than Life Insurance Mortuary Trust Agreements
Fees may be charged in connection with guaranteed service
				  mortuary trust agreements, and credit for service mortuary trust agreements
				  other than life insurance mortuary trust agreements, only to the extent set
				  forth in this subsection. Any fees charged by practitioners of funeral service,
				  funeral directors and funeral homes for the administrative services they render
				  as payees must be specified in the agreement. No initiation fee, however
				  denominated, may be charged in connection with the creation of a mortuary
				  trust. No fees may be charged except for the following services, and may not
				  exceed the amounts shown below:
A.
				Transfer of account by appointment of successor trustee........ 7% of trust
				funds, not to exceed $250
B.
				Revocation of a revocable agreement.................................... 7% of
				trust funds, not to exceed $250
C.
				Actual annual financial and tax administration of the account performed by or
				on behalf of the funeral
				home..................................................................................
				25% of net interest earned per annum, not to exceed $125
No fee for financial or tax administration may be charged for
				  work not actually performed.
"Net interest earned per annum" is the net interest,
				  investment income or appreciation earned by the mortuary trust account after
				  deduction of any fees charged by the financial institution or credit union in
				  which the account is held.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 16 - PREARRANGED FUNERALS - MORTUARY TRUST AGREEMENTS › Section 331-16-7 - Inspection of Records

Current through 2024-29, July 17, 2024
Mortuary trust agreements and all books, records and accounts
				  related thereto, including the record of deposits, insurance policies and
				  insurance records, and the accountings required by the agreements attached to
				  and made a part of this chapter-
1.
				Must be made available by the funeral home for inspection by a funeral
				inspector or authorized employee of the Office of Licensing and Registration
				upon request during reasonable business hours without prior notice;
				and
2. Must be promptly delivered
				by the funeral home to a state funeral inspector, authorized employee of the
				Office of Licensing and Registration or the board upon request.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 16 - PREARRANGED FUNERALS - MORTUARY TRUST AGREEMENTS › Section 331-16-8 - Sale or Transfer of Funeral Home

Current through 2024-29, July 17, 2024
Upon the sale or transfer of a funeral home, whether
				  voluntary or involuntary, and except as otherwise ordered by a court of
				  competent jurisdiction, the new owner-
1. Shall automatically be substituted as
				trustee of all existing mortuary trusts of which the former owner is trustee;
				and
2. Shall assume the former
				owner's obligation to perform all existing preneed contracts for funeral goods
				and services to which the former owner is a party.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 16 - PREARRANGED FUNERALS - MORTUARY TRUST AGREEMENTS › Section 331-16-9 - Notice of Change of Trustee Upon Change of Ownership

Current through 2024-29, July 17, 2024
Within thirty (30) days after a change of ownership as
				  defined in Chapter 1, Section 4-A of the board's rules, the new owner, or the
				  funeral home, shall:
1. Notify the
				payor, settlor or alternate contact person identified in the mortuary trust
				agreement or preneed contract of the change in ownership and inform such
				person:
A. In the case of a mortuary trust
				agreement,
(1) That the new owner has assumed
				the role of trustee under the agreement and will provide all funeral goods and
				services required by the agreement; and
(2) That the payor, settlor or other contact
				person is free at any time to request the resignation of the trustee and
				designate a different funeral home as successor trustee; or
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 331 - STATE BOARD OF FUNERAL SERVICE › Chapter 16 - PREARRANGED FUNERALS - MORTUARY TRUST AGREEMENTS › Section 331-16-10 - Effective Date

Current through 2024-29, July 17, 2024
Section
				  7 of this chapter applies to all
				  mortuary trust agreements, whenever executed, upon the effective date of this
				  chapter. Sections
				  8 and
				  9 of this chapter and any amendments
				  thereto apply to all sales, transfers and changes of ownership of funeral homes
				  occurring on or after the effective date of this chapter or amendment, as the
				  case may be. The remaining provisions of this chapter and any amendments
				  thereto apply to all mortuary trust agreements executed on or after the
				  effective date of this chapter or amendment, as the case may
				  be.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 333 - Board of Licensure of Foresters › Chapter 30 - ADVISORY RULINGS › Section 333-30-1 - Request and Consideration

Current through 2024-29, July 17, 2024
Upon written request of any interested person, the Board may
				  issue an advisory ruling pursuant to
				   5 MRSA
				  §9001 with respect to the applicability
				  of any statute or rule it administers. Requests for advisory rulings must set
				  forth in detail all facts pertinent to the question. The Board may decline to
				  issue an advisory ruling if the question is hypothetical, if there is
				  insufficient information upon which to base a ruling, or for any other reason
				  the Board deems proper.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 333 - Board of Licensure of Foresters › Chapter 30 - ADVISORY RULINGS › Section 333-30-2 - Response

Current through 2024-29, July 17, 2024
The Board shall respond to every written request for an
				  advisory ruling within ninety days of its receipt of the request, indicating
				  whether or not a ruling will be issued by the Board.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 333 - Board of Licensure of Foresters › Chapter 40 - QUALIFICATIONS FOR INTERN FORESTER LICENSE › Section 333-40-1 - Overview of Paths to Licensure

Current through 2024-29, July 17, 2024
Title
				   32 MRS
				  §5514 sets forth two different paths for
				  an applicant to qualify for an intern forester license. The paths to licensure
				  are as follows:
Education
Experience
Examination
Path 1:
Degree Candidate
Associate's degree or higher in forestry from a school
						  or college approved by the board
None
None
Path 2:
Variance Candidate
60 hours of supplemental forestry education
4 years of lawful forestry experience
None
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 333 - Board of Licensure of Foresters › Chapter 40 - QUALIFICATIONS FOR INTERN FORESTER LICENSE › Section 333-40-2 - Degree Candidate: Education

Current through 2024-29, July 17, 2024
1.
Graduate, Bachelor or Associate Degree
An applicant for the intern forester license shall submit
				  evidence of:
A.
Associate
				degree
An Associate of Science, Associate of Applied Science,
				  Associate of Agriculture, Associate of Applied Agriculture or Diploma (Canada)
				  from a curriculum in forestry or forest technology approved in accordance with
				  subsection
				  2 below;
B.
Bachelor degree
A Bachelor of Science or Bachelor of Science in Forestry from
				  a curriculum in forestry approved in accordance with subsection
				  2 below; or
C.
Master or Doctorate degree.
A Master of Science, Master of Forestry, Doctor of Philosophy
				  or Doctor of Forestry from a curriculum in forestry approved in accordance with
				  subsection
				  2 below.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 333 - Board of Licensure of Foresters › Chapter 40 - QUALIFICATIONS FOR INTERN FORESTER LICENSE › Section 333-40-3 - Variance Candidate: Supplemental Forestry Education

Current through 2024-29, July 17, 2024
1.
Nature and amount
The applicant shall demonstrate 60 contact hours of
				  supplemental forestry education during the four years preceding the date of
				  application. Supplemental forestry education may consist of any of the
				  following:
Category 1
Organized course work, technical
				  sessions, seminars, courses or workshops, or activity in forestry or
				  forestry-related subject matter. One contact hour per clock hour of
				  instruction.
Category 2
Organized course work, seminars,
				  workshops or technical sessions not specifically forestry related but of direct
				  benefit to a forester, such as business, writing, real estate, etc. One contact
				  hour per clock hour of instruction.
Post-secondary
Coursework
Post-secondary coursework in forestry or natural resources at an accredited
				  educational institution. Fourteen contact hours per academic credit hour
				  awarded.
Supplemental forestry education contact hours may be earned
				  throughout the world, including in-service courses within organizations.
				  Contact hours reported pursuant to this chapter may also be used to fulfill
				  continuing education requirements of licenses or certifications held by the
				  applicant.
2.
Documentation
The applicant shall submit a Supplemental Forestry Education
				  Statement as part of the license application. The applicant shall submit with
				  the application detailed documentation for each course, program, presentation
				  or other activity listed on the statement. Documentation may consist of proof
				  of attendance accompanied by a program or course outline, or an appointment
				  letter to a board or committee. In the case of post-secondary courses,
				  documentation consists of a transcript issued by the educational institution.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 333 - Board of Licensure of Foresters › Chapter 40 - QUALIFICATIONS FOR INTERN FORESTER LICENSE › Section 333-40-4 - Variance Candidate: Work Experience

Current through 2024-29, July 17, 2024
1.
Nature and duration
The applicant shall demonstrate four years of lawful work
				  experience during the eight years preceding the date of application in the
				  following four subject areas that constitute the profession of forestry. Each
				  of the four subject areas must be represented in the applicant's work
				  history.
A.
Forest
				Biology
- including but not limited to tree growth, species
				identification, forest ecology, wildlife and fish ecology and habitat
				manipulation, tree disease and insect problems, silviculture, soils and water
				relationships, and fire ecology.
B.
Forest Resources Measurement
- including but not limited to basic
				surveying, area determination, sample design and analysis, measurements of
				trees and forest products, and photo interpretation and mapping.
C.
Forest Resource Management and
				Harvesting
- including but not limited to multiple-use principles, road
				design and construction, harvest layout, harvesting methods, environmental
				protection, marketing and utilization standards, stand analysis and
				prescriptions, forest and wildlife habitat management, recreation management,
				urban forestry, fire, insect and disease protection, and financial
				management.
D.
Forest
				Resource Policy and Administration
- including but not limited to state
				environmental and forest practice laws, boundary and trespass laws, contract
				and sale administration, forest taxation, and forest economics.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 333 - Board of Licensure of Foresters › Chapter 70 - QUALIFICATIONS FOR FORESTER LICENSE › Section 333-70-1 - Education

Current through 2024-29, July 17, 2024
An applicant is required to either have a forestry degree or
				  60 contact hours of supplemental forestry education. The requirements for a
				  qualifying forestry degree and the requirements for qualifying supplemental
				  forestry education are set forth in Chapter 40,
Qualifications for
				  Intern Forester License
.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 333 - Board of Licensure of Foresters › Chapter 70 - QUALIFICATIONS FOR FORESTER LICENSE › Section 333-70-2 - Forestry experience

Current through 2024-29, July 17, 2024
An applicant is required to demonstrate experience in the
				  following four subject areas. Each of the four subject areas must be
				  represented in the applicant's work history.
1.
Forest Biology
- including
				but not limited to tree growth, species identification, forest ecology,
				wildlife and fish ecology and habitat manipulation, tree disease and insect
				problems, silviculture, soils and water relationships, and fire
				ecology.
2.
Forest Resources
				Measurement
- including but not limited to basic surveying, area
				determination, sample design and analysis, measurements of trees and forest
				products, and photo interpretation and mapping.
3.
Forest Resource Management and
				Harvesting
- including but not limited to multiple-use principles, road
				design and construction, harvest layout, harvesting methods, environmental
				protection, marketing and utilization standards, standanalys is and
				prescriptions, forest and wildlife habitat management, recreation management,
				urban forestry, fire, insect and disease protection, and financial
				management.
4.
Forest
				Resource Policy and Administration
- including but not limited to state
				environmental and forest practice laws, boundary and trespass laws, contract
				and sale administration, forest taxation, and forest
				economics.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 333 - Board of Licensure of Foresters › Chapter 70 - QUALIFICATIONS FOR FORESTER LICENSE › Section 333-70-3 - Forester examination

Current through 2024-29, July 17, 2024
The examination for a forester license is a two-part
				  examination. Part 1 is an examination that tests the applicant's knowledge of
				  Maine forestry practices, laws, rules and policies. Part 2 is an examination
				  approved by the board that tests the applicant's knowledge of forestry
				  principles.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 333 - Board of Licensure of Foresters › Chapter 70 - QUALIFICATIONS FOR FORESTER LICENSE › Section 333-70-4 - Pathways to forester licensure

Current through 2024-29, July 17, 2024
1.
Lawful
				forestry experience as a licensed intern forester
A. An applicant must have obtained lawful
				forestry experience under one of the following methods:
(1) An applicant with a bachelor's degree or
				higher and 24 months of forestry experience as a licensed intern forester
				(including forestry experience of up to 12 months earned as an unlicensed
				person under the supervision of a forester registered with the board obtained
				after the applicant's junior year of the degree program and prior to
				graduation), and who passes Part 1 of the forester examination, may qualify for
				a forester license. The examination may be taken prior to completion of the
				internship.
(2) An applicant with
				an associate's degree and 48 months of forestry experience as a licensed intern
				forester (including forestry experience of up to 12 months earned as an
				unlicensed person under the supervision of a forester registered with the board
				obtained after the applicant's first year of the degree program and prior to
				graduation), and who passes Part 1 of the forester examination, may qualify for
				a forester license. The examination may be taken prior to completion of the
				internship.
(3) An applicant who
				obtained an intern forester license through the variance pathway and earned 48
				months of experience as a licensed intern forester, and who passes Parts 1 and
				2 of the examination, may qualify for a forester license. Completion of the 48
				months of experience as an intern forester is a prerequisite to qualifying for
				the examination.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 333 - Board of Licensure of Foresters › Chapter 70-A - LICENSURE BY ENDORSEMENT

Current through 2024-29, July 17, 2024
The
				adopted version of this chapter by
				filing
				2024-031, eff.
				2/13/2024 is not yet
				available.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 333 - Board of Licensure of Foresters › Chapter 80 - CONTINUING FORESTRY EDUCATION › Section 333-80-1 - Nature and Amount

Current through 2024-29, July 17, 2024
Each forester and intern forester shall certify at time of
				  license renewal to completion of 6 hours of continuing forestry education
				  during the preceding license term as set forth in this chapter. Continuing
				  forestry education may consist of any of the following:
Category 1
Organized course work, technical
				  sessions, seminars, courses or workshops, or activity in forestry or
				  forestry-related subject matter. One contact hour per clock hour of
				  instruction. A minimum of 4 contact hours must be earned in this
				  category.
Category 2
Organized course work, seminars,
				  workshops or technical sessions not specifically forestry related but of direct
				  benefit to a forester, such as business, writing, real estate, etc. One contact
				  hour per clock hour of instruction.
Category 3
The development, preparation and
				  presentation of forestry or forestry-related material accomplished for public
				  service. Two contact hours per presentation, regardless of length and inclusive
				  of preparation. Credit may only be awarded once for identical or substantially
				  similar presentations.
Category 4
Self-improvement activities of a
				  professional nature such as holding elected or appointed office or active
				  committee assignment in a forestry or closely-allied professional organization,
				  or for serving on national, state or local boards that deal with natural
				  resource and land use issues. One contact hour per year for each
				  position.
Continuing forestry education contact hours may be earned
				  throughout the world, including in-service courses within organizations.
				  Contact hours reported pursuant to this chapter may also be used to fulfill
				  continuing education requirements of other licenses or certifications held by
				  the forester.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 333 - Board of Licensure of Foresters › Chapter 80 - CONTINUING FORESTRY EDUCATION › Section 333-80-2 - Optional Pre-Approval

Current through 2024-29, July 17, 2024
The sponsor of a category 1 or 2 activity, or a prospective
				  attendee, may request prior approval from the Board as to:
- The activity's eligibility for category 1 or 2 status,
				  and
- The number of contact hours that attendees may report on
				  the Continuing Forestry Education Statement for that activity.
The sponsor or attendee shall supply such information as the
				  Board may require in order to act on the request.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 333 - Board of Licensure of Foresters › Chapter 80 - CONTINUING FORESTRY EDUCATION › Section 333-80-3 - Reporting and Documentation

Current through 2024-29, July 17, 2024
Each forester and intern forester shall submit a continuing
				  forestry education statement as part of the renewal application for
				  even-numbered years. The forester or intern forester shall list on the
				  statement all educational activities completed during the two-year period
				  described in section
				  1 above for which credit is
				  sought.
The forester or intern forester shall maintain detailed
				  documentation for each course, program, presentation or other activity listed
				  on the statement. Documentation may consist of proof of attendance accompanied
				  by a program or course outline, or an appointment letter to a board or
				  committee. The forester or intern forester shall retain documentation until
				  December 31 of the two-year reporting period next following the reporting
				  period during which credit was claimed for the documented activity.
The Continuing Forestry Education Statement may be audited at
				  any time. The forester or intern forester shall provide the underlying
				  documentation to the Board upon request.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 333 - Board of Licensure of Foresters › Chapter 80 - CONTINUING FORESTRY EDUCATION › Section 333-80-3-A - Audit

Current through 2024-29, July 17, 2024
The forester or intern forester's certification of
				  completion of continuing forestry education is subject to audit pursuant to
				  Chapter 13 of the rules of the Office of Professional and Occupational
				  Regulation, entitled "Uniform Rule for the Substantiation of Continuing
				  Education Requirements."
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 333 - Board of Licensure of Foresters › Chapter 80 - CONTINUING FORESTRY EDUCATION › Section 333-80-4 - Deferment of Continuing Forestry Education

Current through 2024-29, July 17, 2024
A forester or intern forester may request a deferment of
				  continuing forestry education from the Board due to health problems or other
				  extenuating circumstances. The forester must make up the deferred continuing
				  education in the time and manner set forth by the Board.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 333 - Board of Licensure of Foresters › Chapter 80 - CONTINUING FORESTRY EDUCATION › Section 333-80-4-A - Exemption of Continuing Forestry Education Requirement

Current through 2024-29, July 17, 2024
The continuing forestry education requirement of this chapter
				  does not apply to the first license renewal for an intern forester or a
				  forester.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 333 - Board of Licensure of Foresters › Chapter 80 - CONTINUING FORESTRY EDUCATION › Section 333-80-5 - Nonpracticing Foresters

Current through 2024-29, July 17, 2024
This chapter does not apply to a forester who has attained
				  the age of 62 years and practices less than 250 hours per year.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 333 - Board of Licensure of Foresters › Chapter 90 - REGISTRATION OF FORESTERS FOR THE SUPERVISION OF UNLICENSED PERSONNEL › Section 333-90-1 - General

Current through 2024-29, July 17, 2024
1.
Registration available
A forester may register with the board to supervise and
				  direct an unlicensed person in the practice of forestry.
2.
Registration required
No forester may permit an unlicensed person to practice
				  forestry unless:
A. The forester
				registers with the board and enters into a supervision agreement with the
				unlicensed person as set forth in this chapter; or
B. The unlicensed person is exempt from
				licensure pursuant to
				 32 MRSA
				§5503.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 333 - Board of Licensure of Foresters › Chapter 90 - REGISTRATION OF FORESTERS FOR THE SUPERVISION OF UNLICENSED PERSONNEL › Section 333-90-2 - Time and Manner of Registration

Current through 2024-29, July 17, 2024
A supervising forester shall register annually with the board
				  at time of license application or renewal, although the supervising forester
				  may initially register with the board at any time. The supervising forester
				  shall provide the name and address of each unlicensed person whom the forester
				  anticipates supervising during the year for which registration is made, and the
				  name and address of each unlicensed person whom the forester actually
				  supervised during the year preceding the year for which registration is made.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 333 - Board of Licensure of Foresters › Chapter 100 - CODE OF ETHICS › Section 333-100-1 - Code of Ethics; Unprofessional Practice

Current through 2024-29, July 17, 2024
The following Code of Ethics defines the conduct of foresters
				  in their relations with clients, employers, other professionals, and the
				  public. Unprofessional practice includes but is not limited to any failure to
				  comply with the Code of Ethics.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 333 - Board of Licensure of Foresters › Chapter 100 - CODE OF ETHICS › Section 333-100-2 - Definitions

Current through 2024-29, July 17, 2024
As used in this section, unless the context otherwise
				  indicates, the following terms have the following meanings:
1. Client."Client" means the individual or
				entity who is the recipient of the forestry services provided by the forester,
				other than an employer of the forester.
2. Forester."Forester" means a person who
				holds a license from the Board as a forester or an intern
				forester.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 333 - Board of Licensure of Foresters › Chapter 100 - CODE OF ETHICS › Section 333-100-3 - Obligations to clients and employers

Current through 2024-29, July 17, 2024
A forester shall bear the following obligations to clients
				  and employers, except that subsections
				  4, 6, 7 and 9 below do not apply to
				  foresters performing services on land or timber owned, leased or controlled by
				  the employer of the forester or an agent or affiliate of the employer.
				  Notwithstanding the foregoing, subsections
				  4, 6, 7 and 9 do apply to foresters
				  performing services in connection with stumpage purchase agreements associated
				  with one-time or intermittent harvesting.
1. General Duty
A forester shall act towards the client and employer in all
				  professional matters with loyalty, fidelity, and integrity.
2. Confidentiality
A forester will not voluntarily disclose information
				  concerning the affairs of the forester's client or employer without the
				  client's or employer's express permission, except as required by law.
3. Conflicts of Interest
A. Generally. A forester must avoid a
				conflict of interest, or the appearance of a conflict of interest. If, in spite
				of precautions taken to avoid a conflict of interest a conflict is discovered,
				the forester must
(i) Promptly and fully
				disclose the conflict to the client or employer in writing; and
(ii) Either act immediately to resolve the
				conflict, or obtain written consent from the client or employer.