reglab/statecodes huggingface dataset:
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 150 - CHAPTER DEFINING THE MEANS BY WHICH CONTRACTORS AND SUBCONTRACTORS ARE TO PROVIDE CERTAIN RECORDS TO THE BUREAU OF GENERAL SERVICES IN THE DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES, AND TO IDENTIFY WHAT INFORMATION IN THOSE RECORDS IS AVAILABLE TO THE PUBLIC › Section 554-150-4 - NONDISCLOSURE OF PERSONAL INFORMATION BY THE BUREAU; DISCLOSURE OF NON-PERSONAL INFORMATION

Current through 2024-29, July 17, 2024
A.
Nondisclosure of personal information
. The Bureau shall not disclose any
				personal information contained in a record filed pursuant to 26 M.R.S.A.
				§1311 and this Chapter provided by a contractor, or any subcontractor
				thereof, of the Bureau.
B.
Disclosure of non-personal information
. The Bureau may disclose
				non-personal information in a record filed pursuant to 26 M.R.S.A. §1311
				and this Chapter provided by a contractor or any subcontractor thereof, if such
				information is in the custody of the Bureau.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 155 - RULES FOR DEFINING AN EQUIVALENT BASIS FOR COST COMPARISON BETWEEN STATE EMPLOYEE AND PRIVATE CONTRACTOR PROVISION OF SERVICES › Part One - GENERAL › Section 554-155-One-One - Purpose and Scope

Current through 2024-29, July 17, 2024
Summary:
This section states the purpose and
					 scope of the Bureau of General Services' rules governing the equitable
					 selection of contractor personal services.
1.1.1
Contracting for Personal Services
				  Allowed.
5 MRSA1816-A allows contracting for personal services when
					 any number of conditions is met. Generally examples include, but are not
					 limited to, services which are highly specialized or technical in nature, when
					 it's necessary to protect against a conflict of interest, if the location is
					 such that state employees are not available, or the services are urgent,
					 temporary or occasional in nature.
When contracting for personal services, agencies and
					 departments are required to utilize a process of competitive
					 bidding.
1.1.2
Rules
				  Assuring an Equivalent Basis for Cost Comparison.
Contracting for personal services as part of 5 MRSA1816-A
					 is permitted to achieve actual cost savings when other conditions are met.
					 However,
					  5
					 MRSA18162, I requires that an equivalent
					 basis for cost comparison between state employee and private contractor
					 provision of services must be calculated by rules adopted by the State
					 Purchasing Agent to assure that the private contractor provides the best value.
					 All personal services contracts are subject to this rule.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 155 - RULES FOR DEFINING AN EQUIVALENT BASIS FOR COST COMPARISON BETWEEN STATE EMPLOYEE AND PRIVATE CONTRACTOR PROVISION OF SERVICES › Part Two - CONSTRUCTION OF THE RULE › Section 554-155-Two-Two - Responsibilities

Current through 2024-29, July 17, 2024
Summary:
This section outlines the
					 responsibilities of the Agency or Department and the bidders when preparing
					 requests and submitting proposals which would result in a contract for personal
					 services.
2.2.1
Responsibilities
				  of the Agency or Department.
The Agency or Department desiring to become involved in the
					 CBP seeking a personal services contract shall prepare a report on forms
					 stipulated for use by the Division of Purchases and submit the material to the
					 Director, Division of Purchases with the CBP to the Division for approval. The
					 report shall include, but not be limited to:
1. a projection of all job duties being
				  sought, summed in hours by job duty and rounded to the nearest whole
				  hour;
2. the FTEs for each job
				  duty;
3. the comparable position
				  for the job duties; and,
4. the
				  state worker base cost for each comparable position.
No CBP submission shall be released if the Director finds
					 this report to be inadequate, incorrect or inconsistent with the personal
					 services requested in the associated CBP.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 155 - RULES FOR DEFINING AN EQUIVALENT BASIS FOR COST COMPARISON BETWEEN STATE EMPLOYEE AND PRIVATE CONTRACTOR PROVISION OF SERVICES › Part Three - APPLICATION AND FORMS › Section 554-155-Three-One - Applying the Provisions of the Rule When Making the Selection

Current through 2024-29, July 17, 2024
Summary:
This section requires the use of a
					 standard calculation to determine the best value to the State of Maine and
					 suggests standard language to be included in the request for proposal
					 document.
3.1.1
Including
				  Standard Language and Demonstrating Best Value.
Agencies or Departments desiring to become involved in a
					 CBP seeking a personal services contract shall include standard language and a
					 calculation, both referenced below, in making a selection. The calculation must
					 be provided to the Division of Purchases for consideration by the State
					 Purchases Review Committee. No selection will be approved without this
					 information.
For each position the agency must demonstrate that the
					 Temporary Worker Base Cost [TWBC] multiplied by the number of FTEs is less than
					 the State Worker Base Cost [SWBC] multiplied by the number of FTEs in order to
					 allow consideration of that bidder's proposal. Should the calculation result in
					 the SWBC being less than the TWBC, there would be no further consideration of
					 that bidder's proposal.
3.1.2
Standard Language
In each proposal issued, the Agency or Department must
					 include the following standard language approved by the Division of
					 Purchases.
Maine law and rules require a comparison to
					 determine if selecting the private contractor provides the best value to the
					 State Of Maine. The Division of Purchases has reviewed the data collection
					 forms and the proposed assessment method and considers these to be compliant
					 with statute and rule.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 674 - Maine Board of Tax Appeals › Chapter 100 - MAINE BOARD OF TAX APPEALS PRACTICE AND PROCEDURE › Part 1 - GENERAL PROVISIONS › Section 674-100-1-101 - Purpose and Scope

Current through 2024-29, July 17, 2024
1.
Purpose
The purpose of these Rules is to set out efficient and
					 effective procedures by which the Maine Board of Tax Appeals shall fulfill its
					 purpose, as described in 36 M.R.S. §151-D(1), of providing Taxpayers with
					 a fair system of resolving controversies with Maine Revenue Services, and to
					 ensure that Taxpayers receive due process. This chapter shall govern all
					 practice and procedure before the Board under the applicable laws of the State
					 of Maine, unless otherwise directed by the Board.
2.
Scope
These Rules do not limit the statutory duties or powers of
					 the Board or the Appeals Officers. The absence of a rule does not limit the
					 Board's or an Appeals Officer's respective power to act pursuant to their
					 respective statutory authorizations.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 674 - Maine Board of Tax Appeals › Chapter 100 - MAINE BOARD OF TAX APPEALS PRACTICE AND PROCEDURE › Part 1 - GENERAL PROVISIONS › Section 674-100-1-102 - Authority

Current through 2024-29, July 17, 2024
The authority for this chapter is
					  36 M.R.S.
					 §151-D(10), which
					 provides that "the Board shall adopt rules to accomplish the purposes of this
					 section."
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 674 - Maine Board of Tax Appeals › Chapter 100 - MAINE BOARD OF TAX APPEALS PRACTICE AND PROCEDURE › Part 1 - GENERAL PROVISIONS › Section 674-100-1-104 - Authorized Representatives

Current through 2024-29, July 17, 2024
1.
Representation
A Taxpayer may be, but is not required to be, represented
					 before the Appeals Office and the Board by an attorney, a certified public
					 accountant, an enrolled agent, an enrolled actuary or any other person
					 appointed by the Taxpayer.
2.
Withdrawal of representation
A person representing a Taxpayer may withdraw from that
					 representation at any time by providing written notice to the Appeals Officer,
					 the Taxpayer and the Bureau.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 674 - Maine Board of Tax Appeals › Chapter 100 - MAINE BOARD OF TAX APPEALS PRACTICE AND PROCEDURE › Part 1 - GENERAL PROVISIONS › Section 674-100-1-106 - Scheduling

Current through 2024-29, July 17, 2024
1.
Assignment to Appeals Officer
When a statement of appeal is received, the Chief Appeals
					 Officer will assign the appeal to an Appeals Officer for the purposes set forth
					 in part 2 of this chapter.
2.
Appeals Conference scheduling
If an Appeals Conference was requested it will be scheduled
					 as soon as practicable, taking into account the availability of the parties. In
					 conformity with 36 M.R.S. §151-D(10)(B), the Appeals Office will provide
					 the parties with at least 10 working days' notice of the date, time and place
					 of the Appeals Conference, except that an Appeals Conference may be held with
					 fewer than 10 working days' notice if a mutually convenient date, time, and
					 place can be arranged.
3.
Re-scheduling for cause
The Appeals Conference may be re-scheduled at a party's
					 request for good cause shown or by consent or agreement of the parties and the
					 approval of the Appeals Officer. The parties will be given 10 working days'
					 notice of the re-scheduled conference. An Appeals Conference can be
					 re-scheduled with fewer than 10 working days' notice with the mutual agreement
					 of the parties.
4.
Request for representation made at conference
If at any time during an Appeals Conference an
					 unrepresented Taxpayer clearly states that the Taxpayer wishes to consult with
					 an attorney, a certified public accountant, an enrolled agent, an enrolled
					 actuary, or any other person, the Appeals Officer may suspend the Appeals
					 Conference for a reasonable period of time to allow the Taxpayer to do
					 so.
5.
Appeals
				  Conference attendance
Due to the confidentiality of Taxpayer information mandated
					 by 36 M.R.S. §191, attendance at the Appeals Conference shall be limited
					 to the Appeals Officer, the parties, their representatives and witnesses. Any
					 other individuals agreed to by the parties may attend the conference if advance
					 written notice is given to the Appeals Officer.
6.
Conference not requested
As provided by 36 M.R.S. §151-D(10)(D), if no Appeals
					 Conference has been requested, the Appeals Officer shall prepare a recommended
					 decision for the Board's consideration based upon the written materials
					 submitted in accordance with the provisions of section 201 of this
					 chapter.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 674 - Maine Board of Tax Appeals › Chapter 100 - MAINE BOARD OF TAX APPEALS PRACTICE AND PROCEDURE › Part 2 - PROCEEDINGS BEFORE THE APPEALS OFFICE › Section 674-100-2-201 - Filings

Current through 2024-29, July 17, 2024
1.
Providing information and evidence
				  to the Appeals Office
A. Following the
				  filing of the statement of appeal, whether or not an Appeals Conference is
				  scheduled, the Appeals Office shall request that the Taxpayer submit written
				  materials that explain and support the Taxpayer's position regarding the
				  Bureau's reconsidered decision and identify the relief the Taxpayer is seeking.
				  These materials may consist of no more than 10 pages of legal and factual
				  arguments, to which may be attached any documentary evidence or affidavits the
				  taxpayer wishes the Appeals Officer to consider. The Taxpayer's submission must
				  be filed no later than 21 days from the date the Taxpayer receives the Appeals
				  Officer's request. A copy of the materials must be provided to the Bureau at
				  the time that they are delivered to the Appeals Officer.
B. After receiving the Taxpayer's written
				  submission, the Bureau may submit a written response to the Taxpayer's
				  arguments and evidence, consisting of no more than 10 pages of legal or factual
				  arguments, to which may be attached any documentary evidence or affidavits the
				  Bureau wishes the Appeals Officer to consider. This response must be filed no
				  later than 21 days from the date of the Bureau's receipt of the Taxpayer's
				  submission. The Bureau must deliver a copy of its response to the Taxpayer at
				  the same time it delivers its response to the Appeals Officer.
C. No later than 7 days after receiving the
				  Bureau's response, the Taxpayer may submit a reply, a copy of which must be
				  delivered to the Bureau at the same time it is delivered to the Appeals
				  Officer. The Taxpayer's reply must be limited to the arguments and issues
				  raised by the Bureau in its response, and must consist of no more than 5 pages
				  of legal and factual arguments, to which may be attached any documentary
				  evidence or affidavits the taxpayer wishes the Appeals Officer to consider.
D. The authenticity of all
				  documents submitted by the parties is deemed admitted unless subject to a
				  written objection made no later than 14 days from the date of their submission
				  to the Appeals Officer.
E. Upon a
				  party's request, and with a showing of good cause, the Appeals Officer may
				  extend the deadlines and increase the page limits for submissions made pursuant
				  to this section.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 674 - Maine Board of Tax Appeals › Chapter 100 - MAINE BOARD OF TAX APPEALS PRACTICE AND PROCEDURE › Part 2 - PROCEEDINGS BEFORE THE APPEALS OFFICE › Section 674-100-2-202 - Appeals Officer

Current through 2024-29, July 17, 2024
1.
Duty and
				  powers
It is the Appeals Officer's role to administer the appeal
					 process and to render a fair and impartial recommended decision to the Board.
					 The recommended decision must be based on the record as a whole and resolve all
					 material issues in the appeal. In fulfilling this role, the Appeals Officer is
					 authorized to do the following:
A. To
				  hold case management conferences, which may be conducted via telephone, if the
				  Appeals Officer believes they may achieve one or more of the following
				  purposes:
(1) Identifying and clarifying the
				  issues;
(2) Developing agreement as
				  to facts;
(3) Identifying witnesses
				  and exhibits, and apprising the parties as fully as is practicable of the
				  evidence to be offered by the opposing party in order to eliminate as far as
				  possible the element of surprise;
(4) Identifying and resolving disputes
				  regarding the production and admissibility of evidence, including the making of
				  evidentiary rulings; and
(5) Taking
				  any other action the Appeals Officer determines is appropriate for the
				  provision of a fair, efficient and effective appeal process.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 674 - Maine Board of Tax Appeals › Chapter 100 - MAINE BOARD OF TAX APPEALS PRACTICE AND PROCEDURE › Part 2 - PROCEEDINGS BEFORE THE APPEALS OFFICE › Section 674-100-2-204 - Subpoenas

Current through 2024-29, July 17, 2024
1.
On initiative of Appeals Officer or
				  by request
The Appeals Officer, on his or her own initiative or at the
					 request of a party, may issue a subpoena for documentary or testimonial
					 evidence if the Appeals Officer determines that the requested evidence is
					 relevant to an issue of fact and that the issuance of the subpoena is necessary
					 for carrying out the responsibilities of the Board. Any requests for a subpoena
					 must contain:
A. The title of the
				  matter and the Board's docket number;
B. The name and address of the party
				  requesting the subpoena;
C. The
				  name and address or location of any person to be subpoenaed;
D. A description of any records, files or
				  other documents to be subpoenaed, including their location and the identity of
				  the person who has custody of them; and
E. A brief statement explaining why the
				  testimony or documents to be subpoenaed are relevant to an issue of fact in the
				  appeal, why that evidence cannot be obtained by other means, and why the
				  issuance of the subpoena is necessary for carrying out the responsibilities of
				  the Board.
A copy of the request must be sent to the non-requesting
					 party at the time it is submitted to the Appeals Officer.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 674 - Maine Board of Tax Appeals › Chapter 100 - MAINE BOARD OF TAX APPEALS PRACTICE AND PROCEDURE › Part 2 - PROCEEDINGS BEFORE THE APPEALS OFFICE › Section 674-100-2-205 - Recommended Decision of the Appeals Officer

Current through 2024-29, July 17, 2024
1.
Contents of recommended
				  decision
Following the conference or, if the Taxpayer did not
					 request a conference, following review of the documentary record, the Appeals
					 Officer will prepare a recommended decision for consideration by the Board. The
					 recommended decision will include at a minimum:
A. A clear and concise statement of the
				  matter which is the subject of the appeal and of the issues which must be
				  resolved to decide the appeal;
B.
				  The date and place of the conference and participants at the conference, if one
				  was requested;
C. The evidence upon
				  which the recommended decision is based;
D. Findings of fact and law, which must be
				  sufficient to apprise the parties and the Board of the basis for the
				  recommended decision;
E. A clear
				  statement of result resolving all material issues under consideration;
				  and
F. A clear explanation of the
				  reasoning underlying the result, including references to applicable record
				  citations, laws, and rules.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 674 - Maine Board of Tax Appeals › Chapter 100 - MAINE BOARD OF TAX APPEALS PRACTICE AND PROCEDURE › Part 3 - PROCEEDINGS BEFORE THE BOARD › Section 674-100-3-302 - Board Deliberations

Current through 2024-29, July 17, 2024
1.
Public
				  proceedings
Only Administrative Meetings of the Board are public
					 proceedings pursuant to 1 M.R.S. §402(2). Appeals Meetings are not public
					 proceedings.
2.
Board consideration
The Board will meet to consider an appeal on a timely
					 basis, and will provide the parties with at least 15 days' notice of the date,
					 time and location of the Appeals Meeting. Upon the request of a party, the
					 Appeals Meeting may be rescheduled to a later date or time for good cause
					 shown. Except in extraordinary circumstances, the request must be made in
					 writing and must state whether the request is opposed by the other party. The
					 request may be granted or denied, in whole or in part, by the Chief Appeals
					 Officer after consulting with the Board members. If the Appeals Meeting is
					 rescheduled, the parties will be given at least 10 days' notice of the
					 rescheduled meeting. The Board may also reschedule an Appeals Meeting on its
					 own initiative.
3.
Recommended decision and comments
A copy of the recommended decision shall be provided to
					 each Board member, along with the parties' comments and other materials as
					 specified in section 205 of this chapter, in advance of the meeting at which
					 the recommended decision will be considered.
4.
Statement by party
A. At least 10 days prior to the date set for
				  the Board's consideration of the appeal, a party may submit a written statement
				  to the Board summarizing the party's position. Such written statements shall be
				  no more than 5 pages in length and shall be in 12 point font on 8.5 by 11 inch
				  paper.
B. At the written request
				  of a party made at least 10 days prior to the date set for the Board's
				  consideration of the appeal, the Board may, in its discretion, allow each party
				  to make an oral statement to the Board as provided in section 303(1)(E) of this
				  chapter.
C. Each party must deliver
				  a copy of its written statement and its request to make an oral statement to
				  the opposing party at the same time it files them with the Board. If the party
				  refers to specific portions of the record in its written statement or, if prior
				  approval for an oral statement is given by the Board and the party intends to
				  refer to specific portions of the record in its oral statement, that party must
				  provide copies of those portions of the record to the Board and the opposing
				  party at the same time it files its written statement or request to make an
				  oral statement. Failure to provide records to the Board as required by this
				  subsection shall be grounds for the Board to exclude any references by the
				  party to those records.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 674 - Maine Board of Tax Appeals › Chapter 100 - MAINE BOARD OF TAX APPEALS PRACTICE AND PROCEDURE › Part 3 - PROCEEDINGS BEFORE THE BOARD › Section 674-100-3-303 - Rules of Order

Current through 2024-29, July 17, 2024
1.
Appeals
				  Meeting procedures
A. Prior to each
				  meeting, the Appeals Officer who drafted the relevant recommended decision
				  shall brief the Board on the facts and law at issue in the appeal and the basis
				  for the Appeals Officer's findings.
B. The Chair will call the meeting to order
				  at the appointed time.
C. The Chair
				  will direct all persons other than Board Members, the Chief Appeals Officer,
				  the Board Secretary, any Appeals Officer whose presence has been requested by
				  the Board, the parties, and the parties' representatives to leave the room
				  while the appeal is considered.
D.
				  Unless otherwise authorized by the Board in response to a written request
				  submitted at least 10 days prior to the meeting, with a copy sent to the
				  opposing party, each party is limited to having 2 individuals present at the
				  meeting. These individuals may be the party and a representative or two
				  representatives. One of the individuals present must be designated as the
				  party's spokesperson.
E. The Chair
				  will, if the Board has granted to the parties an opportunity to make an oral
				  statement to the Board, allow each designated spokesperson 20 minutes in which
				  to make his or her statement and answer questions from the Board, beginning
				  with the Taxpayer's spokesperson. Each spokesperson may reserve up to three
				  minutes of this time in which to speak prior to the Board asking questions. The
				  Taxpayer's spokesperson may also reserve up to three minutes for rebuttal. The
				  Board may enlarge the time available for both parties to make their oral
				  statements if the Board finds that doing so is necessary to reach a fair
				  decision on the appeal.
F. At the
				  conclusion of the oral statements, or, if none were made, when the Board
				  members are ready to deliberate on the appeal, the Chair will direct the
				  parties and their representatives to leave the room.
G. During or following deliberations, any
				  Board member may move that the Board decide the appeal in one of the four ways
				  set forth in section 304(1) of this chapter. Such a motion must be seconded,
				  and proceed to discussion and a vote in the same manner as any other
				  motion.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 674 - Maine Board of Tax Appeals › Chapter 100 - MAINE BOARD OF TAX APPEALS PRACTICE AND PROCEDURE › Part 3 - PROCEEDINGS BEFORE THE BOARD › Section 674-100-3-304 - Board Decisions

Current through 2024-29, July 17, 2024
1.
Action
				  after consideration
In accordance with 36 M.R.S. §151-D(10)(I), the Board
					 may, after considering the recommended decision:
A. Adopt the recommended decision as
				  delivered to the Board;
B. Modify
				  the recommended decision;
C. Send
				  the recommended decision back to the Appeals Officer who heard the appeal, if
				  possible, and if not, to a replacement Appeals Officer, for such other
				  proceedings or considerations as the Board may specify; or
D. Reject the recommended decision in whole
				  or in part and decide the appeal itself on the basis of the existing record,
				  and in doing so make its own determinations concerning the admissibility of and
				  weight given to evidence and the credibility of witnesses.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 674 - Maine Board of Tax Appeals › Chapter 100 - MAINE BOARD OF TAX APPEALS PRACTICE AND PROCEDURE › Part 3 - PROCEEDINGS BEFORE THE BOARD › Section 674-100-3-305 - Reconsideration

Current through 2024-29, July 17, 2024
1.
Request for reconsideration
A party may file a written request for reconsideration with
					 the Board within 20 days of the date of receipt of the Board's written decision
					 based on the party's claim that:
A.
				  relevant new evidence exists that was previously unknown to the party or, if
				  known by the party, could not be obtained by that party prior to the issuance
				  of the Board's decision; or
B.
				  reconsideration is necessary in order to correct a procedural error, factual
				  error, or error of law.
A copy of a request for reconsideration must be sent to the
					 opposing party at the time the request is filed with the Board. The opposing
					 party may file an objection to the request for reconsideration within 10 days
					 of the request being filed, with a copy sent to the party requesting
					 reconsideration.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 674 - Maine Board of Tax Appeals › Chapter 100 - MAINE BOARD OF TAX APPEALS PRACTICE AND PROCEDURE › Part 3 - PROCEEDINGS BEFORE THE BOARD › Section 674-100-3-306 - Publication of redacted decisions

Current through 2024-29, July 17, 2024
The Board may publish its decisions on its website in
					 redacted format so as not to reveal a Taxpayer's identity or any information
					 about a Taxpayer that is made confidential by state or federal law.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 1 - Adult Use Marijuana Program Rule › Section 691-1-1 - Adult Use Cannabis Program

Current through 2024-29, July 17, 2024
1.1 - Statutory
				Authority
The Department of Administrative and Financial Services
				  (referred heretofore as the Department), acting through its Office of Cannabis
				  Policy, has developed the following rule in accordance with the statutory
				  authority provided in Title 28-B, § 104 for the purpose of implementing,
				  administering and enforcing the provisions of 28-B MRS, chapter
				  1.
1.2 - Department
				Authority
The Department may enforce this rule and any relevant
				  provisions of
				  4
				  MRS,5 MRS, 28-B MRS and other general
				  statutes, laws, executive orders or subsequently passed legislation. The
				  Department shall set licensing fees in accordance with
				  28-B MRS
				  §207. As applicable, the Department may
				  delegate authority to appropriate state and local agencies. The Department, or
				  an agent thereof, shall have the authority to inspect, during business hours,
				  times of apparent activity or other reasonable time, any cannabis
				  establishment, vehicles used to transport cannabis or cannabis products or
				  business records.
1.3 -
				Communication with Department
1.3.1
Written Communications.
If an applicant or licensee is required to
				or elects to submit anything in writing to the Department, unless otherwise
				prescribed by the Department, the applicant or licensee may submit the writing
				to the Department via:
A. Mail;
B. In-person delivery;
C. Facsimile; or
D. E-mail.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 1 - Adult Use Marijuana Program Rule › Section 691-1-2 - Licenses and Licensing

Current through 2024-29, July 17, 2024
2.1 - License Types
The general types of licenses for adult use cannabis
				  establishments are cultivation facility, testing facility, products
				  manufacturing facility, cannabis store and sample collector. A license to
				  conduct authorized activities pursuant to 28-B MRS, ch. 1 and this rule does
				  not exempt a licensee from any required inspection, licensure or certification
				  by any federal, state or local jurisdiction in order to conduct such authorized
				  activities; including licenses and certifications required for, without
				  limitation: the production of food and/or bottled beverages; electrical
				  permitting; waste management and environmental protection; workplace safety and
				  employment; and/or pesticide application.
2.2 - Types of Cannabis Establishment
				Licenses
2.2.1
Cultivation Facility
				License.
A. The Department may issue
				the following types of cultivation facility licenses:
(1)
Tier 1 cultivation facility
				license
. The two subcategories of tier 1 cultivation facility license
				are plant-count-based tier 1 cultivation facility license and
				plant-canopy-based tier 1 cultivation facility license:
(a) Plant-count-based tier 1 cultivation
				facility license. Allows cultivation of a specified number (not more than 30)
				of mature cannabis plants and an unlimited number of immature cannabis plants
				and seedlings;
(b)
				Plant-canopy-based tier 1 cultivation facility license. Allows cultivation of
				not more than 500 square feet of plant canopy of mature plants.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 1 - Adult Use Marijuana Program Rule › Section 691-1-5 - Advertising

Current through 2024-29, July 17, 2024
5.1 - Definitions
For the purposes of this subsection, the following terms are
				  defined as:
A. "Advertising" means
				publicizing the trade name of a licensee together with words or symbols
				referring to cannabis or publicizing the brand or logo of cannabis or cannabis
				products.
B. "Brand" means a name,
				term, design or symbol that identifies a licensee's goods or services as
				distinct from those of other licensees.
C. "Handbill" is a flyer, leaflet or sheet
				that advertises cannabis.
D. "Logo"
				means a graphic mark, emblem or symbol used by a licensee to promote consumer
				identification and recognition of the licensee.
E. "Radio" means a system for transmitting
				sound without visual images, and includes broadcast, cable, on-demand,
				satellite or internet programming. Radio includes any audio programming
				downloaded or streamed via the internet.
F. "Television" means a system for
				transmitting visual images and sound that are reproduced on screens, and
				includes broadcast, cable, on-demand, satellite, or internet programming.
				Television includes any video programming downloaded or streamed via the
				internet.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 1 - Adult Use Marijuana Program Rule › Section 691-1-6 - Trade and Employee, and Mandatory Sampling

Current through 2024-29, July 17, 2024
6.1 - Trade Samples
6.1.1
Regulation of Trade
				Samples.
Licensees may not provide samples of seeds, seedlings, immature
				cannabis plants, mother plants or mature cannabis plants to other licensees. As
				authorized in this section, trade samples may be provided only by cultivation
				facilities, with the exception of nursery cultivation facilities, and product
				manufacturing facilities and:
A. Must be
				provided solely for the purposes of business to business marketing;
B. May not be sold or otherwise provided for
				payment or consideration, including swapping samples among licensees;
C. Must be conveyed by way of authorized
				transfer in accordance with all tracking requirements;
D. Must be packaged and labeled in accordance
				with Section
				9 of this rule;
E. Must be placed in exit packaging in
				accordance with Section
				9 of this rule;
F. May not be consumed on the premises of the
				licensee providing or receiving the sample;
G. May not be sold or conveyed to another
				licensee or consumer; and
H. May not
				be provided for any payment or consideration in contravention of sales and
				excise tax requirements.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 1 - Adult Use Marijuana Program Rule › Section 691-1-8 - Waste Management

Current through 2024-29, July 17, 2024
All wastes must be managed in accordance with federal, state
				  and local requirements. Applicants should contact the Department of
				  Environmental Protection for guidance on applicable regulations.
8.1 - Hazardous Waste
Discharges of hazardous waste or other matter in any
				  quantity and under any circumstances must be reported to the Department and in
				  accordance with this Section.
A.
				Licensees must immediately report discharges to the Department of Public Safety
				(State Police) unless exempted pursuant to Chapters 800 and 850 of the
				Department of Environmental Protection's regulations:
(1) Licensees must call 1-800-452-4664 or
				207-624-7000 to notify the Department of Public Safety of a
				discharge.
(2) Licensees are not
				required to notify the Department of Environmental Protection.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 1 - Adult Use Marijuana Program Rule › Section 691-1-9 - Packaging and Labeling

Current through 2024-29, July 17, 2024
All cannabis, cannabis concentrate and cannabis products
				  received by a cannabis store from an authorized transfer, and offered for
				  retail sale at a cannabis store must be packaged and labeled, including all
				  required health and safety warnings, in accordance with the following section,
				  in addition to any other provisions of this rule, 28-B MRS and any other
				  applicable laws and rules.
A licensee may not label or package for sale adult use
				  cannabis or an adult use cannabis product under this rule unless the cannabis
				  or cannabis product has passed all mandatory testing required by this rule and
				  the
Rules for the Certification of Cannabis Testing
				  Facilities
, 18-691 CMR, ch. 5.
9.1 - General Packaging and Labeling
				Requirements for Retail Sale
9.1.1
General Packaging for Retail Sale Requirements.
All cannabis or
				cannabis products must be packaged in containers that:
A. Are fully enclosable;
B. Are resealable;
C. Protect the packaged item from
				contamination; and D. Do not impart any toxic or deleterious substance to the
				packaged item.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 1 - Adult Use Marijuana Program Rule › Section 691-1-11 - Fee Schedule

Current through 2024-29, July 17, 2024
11.1 - Payment of
				Fees
11.1.1
Application Fees.
An
				applicant shall pay the application fee required by the Department at the time
				that the applicant submits an application for licensure to the Department for
				processing.
11.1.2
License
				Fees.
Before issuing an active license, the Department shall invoice the
				conditional licensee for the applicable fee as determined by the Department
				pursuant to Title 28-B and this rule. The Department shall not accept any
				license fees except pursuant to such invoice.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 2 - Maine Medical Use of Marijuana Program Rule (formerly 10-144 ch. 122) › Section 691-2-3 - CULTIVATION OF MARIJUANA FOR MEDICAL USE

Current through 2024-29, July 17, 2024
A.
Cultivation of marijuana for medical use.
All cultivation of
				marijuana for medical use must comply with this rule and the statute. A person
				authorized to cultivate marijuana for medical use is restricted to cultivating
				in an enclosed, locked facility or area on property that is owned or under the
				control of the qualifying patient, caregiver or registered dispensary, subject
				to the limitations below.
1.
Shared
				cultivation locations.
Family members and household members are
				permitted to share an enclosed, locked area for cultivating marijuana plants
				for medical use in accordance with
				22 M.R.S.
				§§2423-A(1)(B) and
				(3) (D).
a.
				Two or more patients who are members of the same household may share the same
				enclosed, locked cultivation facility to cultivate the marijuana for their own
				medical use in accordance with the statute.
b. No more than two primary caregivers who
				are members of the same family or household may share the same enclosed, locked
				facility to cultivate marijuana on behalf of qualifying patients in accordance
				with the statute.
c. A primary
				caregiver employee may not cultivate the employee's marijuana in the same
				enclosed, locked facility used by the primary caregiver who employs the
				employee.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 2 - Maine Medical Use of Marijuana Program Rule (formerly 10-144 ch. 122) › Section 691-2-4 - MEDICAL PROVIDER WRITTEN CERTIFICATION

Current through 2024-29, July 17, 2024
A.
Authorized conduct by a medical
				provider; written certification.
Prior to issuing a written
				certification, the medical provider shall certify that it is the provider's
				professional opinion that the patient is likely to receive therapeutic benefit
				from the medical use of marijuana to treat or alleviate the patient's
				debilitating medical condition. Medical providers issuing written certification
				to qualifying patients must comply with this rule and the statute. Remote
				healthcare services for the purposes of the certification and treatment
				monitoring related to marijuana for medical use are not prohibited by this
				rule.
1.
Department-approved
				certification process.
The qualifying patient's medical provider shall
				use the Department-approved certification process to issue a written
				certification for a qualifying patient's medical use of marijuana for at least
				one of the debilitating medical conditions or treatments listed in statute or
				approved pursuant to this rule. The medical provider shall give the original
				signed and dated written certification directly to the qualifying patient or
				patient's legal guardian.
a.
Certification for minor qualifying patients.
When a list of
				physicians known to the Department to be willing to act as a consulting
				physician is not available, the Department will permit the inquiring treating
				medical provider to proceed with the certification process for a minor
				qualifying patient at the time of the request.
b.
Replacement written
				certifications.
Except when it is determined to be medically necessary
				to examine the qualifying patient, a medical provider may, without an in-person
				encounter with the patient, re-print a written certification if the qualifying
				patient's certification has been lost or needs updated patient information.
				When the medical provider does not complete a full assessment of the patient,
				the expiration of the replacement written certification must not exceed the
				expiration date of the preceding lost or inaccurate written certification.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 2 - Maine Medical Use of Marijuana Program Rule (formerly 10-144 ch. 122) › Section 691-2-5 - QUALIFYING PATIENT

Current through 2024-29, July 17, 2024
A.
Authorized
				conduct: qualifying patient.
The authorized conduct of a qualifying
				patient is governed by this rule and the statute. A qualifying patient
				possessing a valid medical provider written certification who is compliant with
				this rule and the statute is protected under the Act when exercising authorized
				conduct. Registration is voluntary for qualifying patients who want to secure a
				Department-issued registry identification card.
B.
One valid written
				certification.
Prior to engaging in the medical use of marijuana, a
				qualifying patient must obtain a valid written certification from his or her
				medical provider in accordance with this rule and the statute. A qualifying
				patient may not possess more than one medical provider written certification at
				one time, except that a visiting qualifying patient is required to have both
				the valid written medical use of marijuana certification from his or her home
				jurisdiction and a valid Maine written certification signed by the patient's
				treating medical provider.
1.
Written
				certification required.
Prior to obtaining or using marijuana for
				medical use, a qualifying patient, including non-registered patients,
				voluntarily registered patients and visiting patients, must obtain a written
				certification from his or her medical provider in accordance with this rule.
a. The written certification form must be
				printed on tamper-resistant paper.
b. The written certification may not disclose
				the medical condition on the written certification issued to the patient for
				the medical use of marijuana.
c.
				The written certification expires within one year after issuance. Each written
				certification must include the date issued and the expiration date.
d. The written certification must be issued
				in the course of bona fide medical provider-patient relationship. The patient
				is responsible for providing the necessary information in order for the medical
				provider to maintain documentation as required by this rule to demonstrate an
				existing bona fide medical provider-patient relationship.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 2 - Maine Medical Use of Marijuana Program Rule (formerly 10-144 ch. 122) › Section 691-2-6 - PRIMARY CAREGIVER

Current through 2024-29, July 17, 2024
A.
Authorized
				conduct: primary caregiver.
The authorized conduct of a primary
				caregiver is governed by this rule and the statute. The primary caregiver who
				receives compensation for assisting a qualifying patient is required to pay
				applicable taxes and to maintain appropriate records for tax purposes. The
				Department may conduct a review of required documentation for compliance
				purposes. A primary caregiver may be designated by a qualifying patient to
				provide the following:
1.
Assist and
				cultivate.
Assist any qualifying patient with the medical use of
				marijuana in accordance with this rule and the statute. The designation form
				shall indicate whether the primary caregiver is cultivating on behalf on the
				patient. Visiting qualifying patients who have designated a primary caregiver
				must be counted when calculating the maximum number of qualifying patients
				allowed by statute.
2.
Dispense.
A primary caregiver may dispense marijuana for medical
				use to a qualifying patient in accordance with statute. A primary caregiver may
				prepare and dispense goods containing marijuana for medical use to a qualifying
				patient in accordance with statute and this rule. A trip ticket is required if
				the primary caregiver is transporting marijuana from the cultivation location
				to dispense from a different location. See Section
				7(Q)(1) of this rule
				for requirements related to trip tickets.
3.
Acquire.
Acquire medical use
				marijuana from an authorized source on behalf of a qualifying patient in
				accordance with this rule and the statute.
4.
Dispose.
Dispose of excess
				prepared medical use marijuana in accordance with this rule and the
				statute.
5.
Other.
Other services authorized by this rule and the statute.
6.
Employ one person.
A primary
				caregiver who is registered may employ one person to assist in the duties of
				the registered primary caregiver. A registered primary caregiver must maintain
				personnel files in accordance with this rule.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 2 - Maine Medical Use of Marijuana Program Rule (formerly 10-144 ch. 122) › Section 691-2-7 - REGISTERED DISPENSARIES

Current through 2024-29, July 17, 2024
A.
Dispensary
				registration certificate required.
No person shall operate a dispensary
				for marijuana for medical use without a Department-issued dispensary
				registration certificate. The application and renewal requirements for a
				dispensary registration certificate are set forth in this rule and the statute.
1.
Nontransferable.
The
				dispensary registration certificate issued by the Department to a dispensary is
				nontransferable.
2.
Compliance.
The cultivation facility and retail site of a
				dispensary, including, but not limited to, registered dispensaries that see
				patients only by appointment, must comply with all requirements and
				prohibitions in this rule and the statute. Failure to comply may result in
				enforcement action including, but not limited to, termination of the dispensary
				registration certificate.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 2 - Maine Medical Use of Marijuana Program Rule (formerly 10-144 ch. 122) › Section 691-2-8 - FEES

Current through 2024-29, July 17, 2024
A.
Fees submissions.
Fees must
				be payable to the
Treasurer, State of Maine
. Payment may be
				made by bank check, money order, or electronically if an electronic payment
				method is available.
1.
Nonrefundable
. An unsuccessful dispensary registration certificate
				applicant is refunded the amount of the application fee, less $1,000. All other
				fees are nonrefundable.
2.
Application fee reduction.
The Department may apply fees that are
				less than the amounts specified in this section when the reduction of
				application fees is in conformity to the statute and this rule.
a. The percent in reduction of fees shall be
				applied equally across cardholders, but may not be less than the minimum fee
				required by statute.
b. The
				Department shall revise application forms to reflect any change in the fee
				required for the calendar year that follows a requisite review of the MMMP
				budget.