reglab/statecodes huggingface dataset:
Code of Maine Rules › 16 - DEPARTMENT OF PUBLIC SAFETY › 642 - BUREAU OF BUILDING CODES AND STANDARDS › Chapter 5 - MAINE UNIFORM BUILDING AND ENERGY CODE AND MAINE UNIFORM BUILDING CODE - RESIDENTIAL BUILDING CODE FOR ONE AND TWO-FAMILY DWELLINGS IN MAINE › Section 642-5-1 - PURPOSE AND SCOPE

Current through 2024-29, July 17, 2024
All building construction within a municipality of over 4,000
				  inhabitants shall be governed by the MUBEC. All other municipalities shall be
				  governed by the MUBEC or the MUBC as adopted by the municipality. These codes
				  are adopted by the Technical Building Codes and Standards Board pursuant to 10
				  M.R.S. Chapter 1103. The primary objective of the Board is to establish a
				  uniform building code throughout the State of Maine.
This chapter sets forth the standards for residential
				  construction for one and two-family dwellings that are part of the MUBEC and
				  MUBC. It applies to the construction, alteration, movement, enlargement,
				  replacement, repair, equipment, use and occupancy, location, removal and
				  demolition of detached one- and two-family dwellings and townhouses not more
				  than three stories above grade plane in height with a separate means of egress
				  and their accessory structures.
Code of Maine Rules › 16 - DEPARTMENT OF PUBLIC SAFETY › 642 - BUREAU OF BUILDING CODES AND STANDARDS › Chapter 5 - MAINE UNIFORM BUILDING AND ENERGY CODE AND MAINE UNIFORM BUILDING CODE - RESIDENTIAL BUILDING CODE FOR ONE AND TWO-FAMILY DWELLINGS IN MAINE › Section 642-5-2 - AUTHORITY

Current through 2024-29, July 17, 2024
The authority for this Chapter is
				  10 M.R.S.
				  §9722, which provides that the Maine
				  Technical Building Codes and Standards Board shall promulgate rules which
				  adopt, amend, and maintain the Maine Uniform Building and Energy Code and the
				  Maine Uniform Building Code. A municipality will have up to 90 days after the
				  effective date of this rule to begin enforcement under the 2015
				  code.
Code of Maine Rules › 16 - DEPARTMENT OF PUBLIC SAFETY › 642 - BUREAU OF BUILDING CODES AND STANDARDS › Chapter 5 - MAINE UNIFORM BUILDING AND ENERGY CODE AND MAINE UNIFORM BUILDING CODE - RESIDENTIAL BUILDING CODE FOR ONE AND TWO-FAMILY DWELLINGS IN MAINE › Section 642-5-3 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
IRC
. "IRC" means the 2015
				International Residential Code, published by the International Code Council,
				Inc.
2.
NFPA
. "NFPA"
				means The National Fire Protection Association.
3.
MUBEC.
"MUBEC" means the
				Maine Uniform Building and Energy Code adopted pursuant to 10 M.R.S.
				§9271,
et seq.
4.
MUBC. "MUBC" means
Maine
				Uniform Building Code. "Maine Uniform Building Code" means that portion of the
				Maine Uniform Building and Energy Code that does not contain energy code
				requirements as determined by the board pursuant to section 9722, subsection 6,
				paragraph L.
5.
Technical
				Building Codes and Standards Board
. "Technical Building Codes and
				Standards Board" means the board established pursuant to
				5 M.R.S.
				§12004-G, subsection 5-A and
				10 M.R.S.
				§9722.
Code of Maine Rules › 16 - DEPARTMENT OF PUBLIC SAFETY › 642 - BUREAU OF BUILDING CODES AND STANDARDS › Chapter 5 - MAINE UNIFORM BUILDING AND ENERGY CODE AND MAINE UNIFORM BUILDING CODE - RESIDENTIAL BUILDING CODE FOR ONE AND TWO-FAMILY DWELLINGS IN MAINE › Section 642-5-4 - INCORPORATION BY REFERENCE

Current through 2024-29, July 17, 2024
1. The following
				Chapters of the 2015 International Residential Code, published by the
				International Code Council, Inc., are hereby adopted and incorporated by
				reference:
A. Chapters 1 - 10
B. Chapters 12 - 19
C. Chapter 23
D. Chapter 41
E. Chapter 42
F. Chapter 44
G. Appendix G
H. Appendix V-As Attached
Code of Maine Rules › 16 - DEPARTMENT OF PUBLIC SAFETY › 642 - BUREAU OF BUILDING CODES AND STANDARDS › Chapter 5 - MAINE UNIFORM BUILDING AND ENERGY CODE AND MAINE UNIFORM BUILDING CODE - RESIDENTIAL BUILDING CODE FOR ONE AND TWO-FAMILY DWELLINGS IN MAINE › 2015 International Residential Code

Current through 2024-29, July 17, 2024
APPENDIX V TINY HOUSES
CHAPTER PART AV101- GENERAL
AV101.1 Scope. This appendix shall be
				applicable to tiny houses used as single dwelling units. Tiny houses shall
				comply with this code except as otherwise stated in this appendix.
CHAPTER PART AV102- DEFINITIONS
AV102.1 General. The following words and
				terms shall, for the purposes of this appendix, have the meanings shown herein.
				Refer to Chapter 2 of this code for general definitions.
EGRESS ROOF ACCESS WINDOW. A skylight or roof window
				  designed and installed to satisfy the emergency escape and rescue opening
				  requirements in Section R310.2.
LANDING PLATFORM. A landing provided as the top step of a
				  stairway accessing a loft.
LOFT. A floor level located more than 30 inches (762 mm)
				  above the main floor and open to it on at least one side with a ceiling height
				  of less than 6 feet 8 inches (2032 mm), used as a living or sleeping space.
TINY HOUSE. A dwelling that is 400 square feet (37 m) or
				  less in floor area excluding lofts.
CHAPTER PART AV103- CEILING HEIGHT
AV103.1 Minimum ceiling height. Habitable
				space and hallways in tiny houses shall have a ceiling height of not less than
				6 feet 8 inches (2032 mm). Bathrooms, toilet rooms, and kitchens shall have a
				ceiling height of not less than 6 feet 4 inches (1930 mm). Obstructions shall
				not extend below these minimum ceiling heights including beams, girders, ducts,
				lighting and other obstructions.
Exception: Ceiling heights in lofts are permitted to be less
				  than 6 feet 8 inches (2032 mm).
CHAPTER PART AV104- LOFTS
AV104.1 Minimum loft area and dimensions.
				Lofts used as a sleeping or living space shall meet the minimum area and
				dimension requirements of Sections AV104.1.1 through AV104.1.3.
AV104.1.1 Minimum area. Lofts shall have a
				floor area of not less than 35 square feet (3.25 m).
AV104.1.2 Minimum dimensions. Lofts shall be
				not less than 5 feet (1524 mm) in any horizontal dimension.
AV104.1.3 Height effect on loft area.
				Portions of a loft with a sloping ceiling measuring less than 3 feet (914 mm)
				from the finished floor to the finished ceiling shall not be considered as
				contributing to the minimum required area for the loft.
2
2
Exception: Under gable roofs with a minimum slope of 6:12,
				  portions of a loft with a sloping ceiling measuring less than 16 inches (406
				  mm) from the finished floor to the finished ceiling shall not be considered as
				  contributing to the minimum required area for the loft.
Code of Maine Rules › 16 - DEPARTMENT OF PUBLIC SAFETY › 642 - BUREAU OF BUILDING CODES AND STANDARDS › Chapter 6 - MAINE UNIFORM BUILDING AND ENERGY CODE - ENERGY CODE › Section 642-6-1 - PURPOSE AND SCOPE

Current through 2024-29, July 17, 2024
All building construction within the State of Maine shall be
				  governed by the MUBEC. These codes are adopted by the Technical Building Codes
				  and Standards Board pursuant to 10 M.R.S. Chapter 1103. The primary objective
				  of the Board is to adopt, amend and maintain the
Maine Uniform Building
				  and Energy Code
This chapter sets forth the regulation of the design and
				  construction of buildings for the effective use of energy and is applicable to
				  both residential and commercial buildings.
Code of Maine Rules › 16 - DEPARTMENT OF PUBLIC SAFETY › 642 - BUREAU OF BUILDING CODES AND STANDARDS › Chapter 6 - MAINE UNIFORM BUILDING AND ENERGY CODE - ENERGY CODE › Section 642-6-2 - AUTHORITY

Current through 2024-29, July 17, 2024
The authority for this Chapter is
				  10 M.R.S.
				  §9722, which provides that the Maine
				  Technical Building Codes and Standards Board shall promulgate rules which
				  adopt, amend, and maintain the Maine Uniform Building and Energy
				  Code.
Code of Maine Rules › 16 - DEPARTMENT OF PUBLIC SAFETY › 642 - BUREAU OF BUILDING CODES AND STANDARDS › Chapter 6 - MAINE UNIFORM BUILDING AND ENERGY CODE - ENERGY CODE › Section 642-6-3 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
IECC
. "IECC" means the 2015
				International Energy Conservation Code, published by the International Code
				Council, Inc.
2.
MUBEC
. "MUBEC" means the Maine Uniform Building and Energy Code
				adopted pursuant to
				10 M.R.S.
				§9721,
et
				seq
.
3.
Technical
				Building Codes and Standards Board
. "Technical Building Codes and
				Standards Board" means the board established pursuant to
				5 M.R.S.
				§12004-G, subsection 5-A and
				10 M.R.S. §
				9722.
4.
MUBEC Stretch
				Code
. An alternative building energy code adopted and maintained by the
				board as an appendix to the MUBEC, that is more stringent from the perspective
				of energy efficiency, carbon reductions, and resilience than the currently
				adopted edition of the Energy Code
Code of Maine Rules › 16 - DEPARTMENT OF PUBLIC SAFETY › 642 - BUREAU OF BUILDING CODES AND STANDARDS › Chapter 6 - MAINE UNIFORM BUILDING AND ENERGY CODE - ENERGY CODE › Section 642-6-4 - INCORPORATION BY REFERENCE

Current through 2024-29, July 17, 2024
1. The 2015
				International Energy Conservation Code, including appendix RA published by the
				International Code Council, Inc., are hereby adopted and incorporated by
				reference effective July 1st 2021. Projects approved prior to that date may use
				the 2009 International Energy Conservation Code as adopted.
2.
MUBEC Stretch Code.
The 2021
				International Energy Conservation Code, including its Appendix CA, CB, CC, RA,
				RB, RC, published by the International Code Council, Inc. A municipality may,
				pursuant to
				10 M.R.S
				§9722, elect to adopt the MUBEC stretch
				code. If a municipality adopts the MUBEC Stretch Code, the provisions of the
				stretch code are mandatory in that municipality. The provisions of the MUBEC
				Stretch Code are specified in Section
				6.
Code of Maine Rules › 16 - DEPARTMENT OF PUBLIC SAFETY › 642 - BUREAU OF BUILDING CODES AND STANDARDS › Chapter 6 - MAINE UNIFORM BUILDING AND ENERGY CODE - ENERGY CODE › Section 642-6-5 - REVISIONS TO THE 2015 IECC

Current through 2024-29, July 17, 2024
The following additions, insertions, deletions, and other
				  changes are hereby made to the 2015 International Energy Conservation
				  Code:
1. Section
C101.1
Delete
[NAME OF JURISDICTION];
and
Insert
"State of Maine" in its
				  place.
2. Section
C107
Delete
Section
C
107 "Fees" in
				  its entirety, without substitution.
3. Section
C109
Delete
Section
C
109 "Board of
				  Appeals" in its entirety, without substitution.
4.
Section R101.1
Delete
[NAME OF JURISDICTION];
				  and
Insert
"State of Maine" in its
				  place.
5.
Section R 107
Delete
Section R 107 "Fees" in its
				  entirety, without substitution
.
6.
Section R109
Delete
Section R 109 "Board of Appeals"
				  in its entirety, without substitution
7.
Section 402.4.4
Delete
Section R 402.4.4 in its
				  entirety, without substitution
18.
Section R 403.6.1
Delete
Section R403.6.1 in its
				  entirety
Insert
Section 4.1 of ASHRAE 62.2 2016
				  Edition
Code of Maine Rules › 16 - DEPARTMENT OF PUBLIC SAFETY › 642 - BUREAU OF BUILDING CODES AND STANDARDS › Chapter 6 - MAINE UNIFORM BUILDING AND ENERGY CODE - ENERGY CODE › Section 642-6-6 - MUBEC STRETCH CODE

Current through 2024-29, July 17, 2024
1. Appendix RA, RB,
				RC of the 2021 IECC is intended to provide flexibility to permit the use of
				more than one approach or technique to achieve compliance with the Stretch
				Code. The approach to be used for achieving compliance with the MUBEC Stretch
				Code is at the discretion of the building owner and the owner's designer. Where
				new construction satisfies the provisions of Appendix CA, CB, CC, RA, RB, RC of
				the 2021 IECC it will be considered in compliance with the MUBEC Stretch
				Code.
Code of Maine Rules › 16 - DEPARTMENT OF PUBLIC SAFETY › 642 - BUREAU OF BUILDING CODES AND STANDARDS › Chapter 7 - MAINE UNIFORM BUILDING AND ENERGY CODE - MECHANICAL CODE › Section 642-7-1 - PURPOSE AND SCOPE

Current through 2024-29, July 17, 2024
All building construction within a municipality shall be
				  governed by the MUBEC. These codes are adopted by the Technical Building Codes
				  and Standards Board pursuant to 10 M.R.S. Chapter 1103. The primary objective
				  of the Board is to establish a uniform building code throughout the State of
				  Maine.
This chapter sets forth the standards for the construction,
				  alteration, movement, enlargement, replacement, repair, equipment, use and
				  occupancy, location, maintenance, removal and demolition of every building or
				  structure or any appurtenances connected or attached to such building or
				  structure, with the exception of detached one and two-family dwellings and
				  townhouses.
Code of Maine Rules › 16 - DEPARTMENT OF PUBLIC SAFETY › 642 - BUREAU OF BUILDING CODES AND STANDARDS › Chapter 7 - MAINE UNIFORM BUILDING AND ENERGY CODE - MECHANICAL CODE › Section 642-7-2 - AUTHORITY

Current through 2024-29, July 17, 2024
The authority for this Chapter is
				  10 M.R.S.
				  §9722, which provides that the Maine
				  Technical Building Codes and Standards Board shall promulgate rules which
				  adopt, amend, and maintain the Maine Uniform Building and Energy Code. A
				  municipality will have up to 90 days after the effective date of this rule to
				  begin enforcement under the 2015 code.
Code of Maine Rules › 16 - DEPARTMENT OF PUBLIC SAFETY › 642 - BUREAU OF BUILDING CODES AND STANDARDS › Chapter 7 - MAINE UNIFORM BUILDING AND ENERGY CODE - MECHANICAL CODE › Section 642-7-3 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
ASHRAE.
The American Society
				of Heating, Refrigerating and Air-Conditioning Engineers
2.
ASTM
. American Society for
				Testing and Materials
3.
IBC
. "IBC" means the 
				International Building Code, published by the International Code Council,
				Inc.
4.
IMC
. "IMC"
				means the  International Mechanical
				Code, published by the International Code Council, Inc
5.
NFPA
. "NFPA" means The
				National Fire Protection Association.
6.
MUBEC
. "MUBEC" means the
				Maine Uniform Building and Energy Code adopted pursuant to 10 M.R.S.
				§9271
et seq.
5.
Technical Building Codes and
				Standards Board
. "Technical Building Codes and Standards Board" means
				the board established pursuant to
				5 M.R.S.
				§12004-G, subsection 5-A and
				10 M.R.S.
				§9722.
Code of Maine Rules › 16 - DEPARTMENT OF PUBLIC SAFETY › 642 - BUREAU OF BUILDING CODES AND STANDARDS › Chapter 7 - MAINE UNIFORM BUILDING AND ENERGY CODE - MECHANICAL CODE › Section 642-7-4 - INCORPORATION BY REFERENCE

Current through 2024-29, July 17, 2024
1. The following
				Chapters of the 2015 International Mechanical Code, published by the
				International Code Council, Inc. are hereby adopted and incorporated by
				reference:
A. Chapters 1 - 6
B. Chapters 8-12
C. Chapters 14-15
Code of Maine Rules › 16 - DEPARTMENT OF PUBLIC SAFETY › 642 - BUREAU OF BUILDING CODES AND STANDARDS › Chapter 7 - MAINE UNIFORM BUILDING AND ENERGY CODE - MECHANICAL CODE › Section 642-7-5 - REVISIONS TO THE IBC

Current through 2024-29, July 17, 2024
The following additions, insertions, deletions, and other
				  changes are hereby made to the 2015 International Building Code:
1. Section 101.1
Delete
[NAME OF JURISDICTION];
and
Insert
"State of Maine" in its
				  place.
2. Section 103
Delete
Entire section
3. Generally in all Sections
Delete
International Fuel Gas Code.
Insert
NFPA 54 and Maine Fuel Board
				  Rules.
4. Generally in all
				Sections
Delete
International Plumbing Code
Insert
Uniform Plumbing Code
5. Generally in all sections
Delete
International Fire Code
Insert
NFPA 1 2018 Edition
6. Section 512
Delete
Entire Section
Insert
ASTM E 1465-08
7. Section 801.3
Delete
International Building Code
Insert
NFPA 211
8. Section 902.1
Delete
International Building Code
Insert
NFPA 211
9. Section 903.1
Insert
Factory built fireplaces shall be
				  installed as per NFPA 211
10. Section 905.1
Insert
, and NFPA 211
11. Section 906.1
Delete
, this chapter and chapter 3,5,7 and 8
				  and the International Fuel Gas Code.
Insert
NFPA 54 and Maine Fuel board
				  Rules
12. Section 907.1
Insert
and Maine Fuel Board Rules
13. Section 909.1
Insert
and Maine fuel Board Rules
14. Section 910.1
Insert
and Maine fuel Board Rules
15. Section 916.1
Delete
Oil fired pool and spa heaters shall be
				  tested in accordance with UL 726
16. Section 917.1
Delete
in accordance with UL 896 and in
				  accordance with UL 2162
17.
				Section 918.1
Delete
in accordance with UL 727 & in
				  accordance with UL 391
18.
				Section 919
Insert
in accordance with Maine Fuel Board
				  Rules
19. Section 920
Delete
in accordance with UL 731
20. Section 1402.4
Insert
and NFPA 1 2018 Edition
Code of Maine Rules › 16 - DEPARTMENT OF PUBLIC SAFETY › 644 - GAMBLING CONTROL UNIT › Chapter 36 - LICENSE FEE AND RENEWAL › Section 644-36-1

Current through 2024-29, July 17, 2024
An applicant for a fantasy contest operator license shall
				  submit a one-time application fee of $5,000.00 for the business entity and
				  $2,500.00 for each partner, officer, director or shareholder. If the
				  application fee exceeds the actual cost of processing the application and
				  performing all background investigations, the excess amount shall be applied to
				  the license fee, if the applicant is issued a license, or reimbursed to an
				  applicant not subject to a license fee in accordance with
				  8 M.R.S.
				  section 1103(6) or to an
				  applicant that was not issued a license.
Code of Maine Rules › 16 - DEPARTMENT OF PUBLIC SAFETY › 644 - GAMBLING CONTROL UNIT › Chapter 36 - LICENSE FEE AND RENEWAL › Section 644-36-2

Current through 2024-29, July 17, 2024
The initial and renewal fees for a license for a fantasy
				  contest operator shall be in accordance with
				  8 M.R.S.
				  section 1103(6)
Code of Maine Rules › 16 - DEPARTMENT OF PUBLIC SAFETY › 644 - GAMBLING CONTROL UNIT › Chapter 36 - LICENSE FEE AND RENEWAL › Section 644-36-4

Current through 2024-29, July 17, 2024
Any person seeking to renew its application to be a licensed
				  fantasy contest operator shall submit a renewal application, in a form
				  available from the director, no later than 60 days prior to the expiration of
				  the prior year's license.
Code of Maine Rules › 16 - DEPARTMENT OF PUBLIC SAFETY › 644 - GAMBLING CONTROL UNIT › Chapter 41 - LICENSEE RECORDS, ANNUAL REPORTING AND AUDITS › Section 644-41-1

Current through 2024-29, July 17, 2024
A fantasy contest operator shall maintain records of fantasy
				  contestant accounts, for a period of five (5) years, and make these records
				  available for inspection at the request of the director or the director's
				  designee.
Code of Maine Rules › 16 - DEPARTMENT OF PUBLIC SAFETY › 644 - GAMBLING CONTROL UNIT › Chapter 41 - LICENSEE RECORDS, ANNUAL REPORTING AND AUDITS › Section 644-41-2

Current through 2024-29, July 17, 2024
A fantasy contest operator shall submit an annual report to
				  the director that includes the information required by
				  8 M.R.S.
				  §1104(5) and, where
				  applicable, the report required by
				  8 M.R.S.
				  §
										1104(4)(D).
Code of Maine Rules › 16 - DEPARTMENT OF PUBLIC SAFETY › 644 - GAMBLING CONTROL UNIT › Chapter 41 - LICENSEE RECORDS, ANNUAL REPORTING AND AUDITS › Section 644-41-3

Current through 2024-29, July 17, 2024
The following additional information shall be made available
				  to the director upon the director's request, for a period of five (5)
				  years:
1. The number of fantasy
				contestants in Maine who requested a deposit limit increase;
2. The number of deposit limit increases
				granted to fantasy contestants in Maine;
3. The number of accounts in which a fantasy
				contestant in Maine was identified as a minor and the action taken as a
				result;
4. The number and amount of
				refunds given to fantasy contestants in Maine; and
5. The number of fantasy contestants in Maine
				who requested additional limitations on their accounts and the action taken as
				a result.
Code of Maine Rules › 16 - DEPARTMENT OF PUBLIC SAFETY › 644 - GAMBLING CONTROL UNIT › Chapter 41 - LICENSEE RECORDS, ANNUAL REPORTING AND AUDITS › Section 644-41-4

Current through 2024-29, July 17, 2024
The director may conduct a financial audit of any fantasy
				  contest operator licensed in the State of Maine to ensure compliance with
				  M.R.S. Title 8, Chapter 33, at any time.
Code of Maine Rules › 16 - DEPARTMENT OF PUBLIC SAFETY › 644 - GAMBLING CONTROL UNIT › Chapter 41 - LICENSEE RECORDS, ANNUAL REPORTING AND AUDITS › Section 644-41-5

Current through 2024-29, July 17, 2024
With each annual renewal application, the fantasy contest
				  operator must provide to the director a copy of a SOC 2 Type II audit and
				  compliance report for the previous year. Upon receipt of a written request, the
				  director may agree to a different submission date.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 100 - RULES OF PROCEDURES FOR ADJUDICATORY HEARINGS › Section 229-100-01 - SCOPE OF RULES

Current through 2024-29, July 17, 2024
These rules shall govern at all adjudicatory hearings before
				  the Maine Department of Transportation. These rules shall be liberally
				  construed to secure a just, speedy and inexpensive determination of the issues
				  presented.;
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 100 - RULES OF PROCEDURES FOR ADJUDICATORY HEARINGS › Section 229-100-02 - NOTICE

Current through 2024-29, July 17, 2024
A. Notice of Opportunity for a Hearing
Whenever an opportunity for a hearing is required, notice
				  shall be given as follows:.
1. To the
				person or persons whose legal rights, duties or privileges are at issue by
				regular mail within 14 days of the anticipated time of the decision;
				and
2. In any proceeding deemed by
				the department to involve the determination of issues of substantial public
				interest, within 14 days of the anticipated date of the decision.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 100 - RULES OF PROCEDURES FOR ADJUDICATORY HEARINGS › Section 229-100-04 - HEARING PROCEDURES

Current through 2024-29, July 17, 2024
A. Presiding
				Officer
The presiding officer at the hearing shall be the
				  Commissioner or a person whom he designates.
B. Authority of Presiding Officer
The presiding officer shall have the authority to (1) rule on
				  issues of evidence; (2) limit the issues being considered; (3) where good cause
				  is shown, limit, alter or amend the rules of procedure; (4) administer oaths
				  and (5) take other action when needed to have an efficient and orderly
				  hearing.
C. General Conduct
1. The presiding officer shall open the
				hearing by describing in general terms its purpose and the procedures to be
				used. Appearances will then be entered on the record. Any party to the
				proceeding may make opening statements or motions.
2. The department shall record all hearings
				in a form susceptible to transcription. A copy of the transcript shall be
				available to interested parties or the public at cost.
3. The record of the hearing shall consist of
				the formal notice, the application or complaint, the transcription of the
				hearing, all exhibits and the findings of fact and conclusions of the presiding
				officer.
4. Witnesses shall be
				sworn in before testifying. Witnesses shall state their names, residences and
				who they represent, if anyone, before testifying.
5. The parties to any hearing or
				investigation may, by stipulation in writing, agree upon the facts or any
				portion thereof, involved in the controversy. Such stipulations shall become
				part of the record and may be used by the presiding officer as evidence.
At any time prior to or during the course of the hearing, the
				  presiding officer may require that all or part of any testimony to be offered
				  at the hearing, be submitted in written form. All persons offering testimony in
				  written form shall be subject to questioning.
6. Any party may by written application
				request a pre-hearing conference to be held to consider the issues or to make
				an informal disposition of the proceeding by stipulation, agreed settlement or
				consent order. At any time prior to the hearing date, the presiding officer may
				call a pre-hearing conference. Written notice of the conference shall be mailed
				to all parties of record.
7. The
				presiding officer shall designate the order of appearance of the parties to the
				proceeding.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 100 - RULES OF PROCEDURES FOR ADJUDICATORY HEARINGS › Section 229-100-05 - CONTINUANCES

Current through 2024-29, July 17, 2024
For good cause shown, the presiding officer may grant a
				  request for a continuance.
All requests for a continuance should be in writing
				  reasonably in advance of the hearing so that all interested parties may be
				  notified.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 100 - RULES OF PROCEDURES FOR ADJUDICATORY HEARINGS › Section 229-100-06 - GENERAL EVIDENCE

Current through 2024-29, July 17, 2024
A. Relevancy
The presiding officer may require that all evidence be
				  material and relevant to the subject matter of the hearing. Evidence which is
				  irrelevant may be excluded. The rules of privilege shall be observed.
B. Official Notice
The presiding officer may take official notice of all State
				  Laws, official rules and regulations, generally recognized facts and those
				  special facts, which because of the expertise of the departmental officer are
				  known to him. Facts so noted shall be indicated as such on the record.
C. Documentary and Real Evidence
All documents, materials and objects offered into evidence as
				  exhibits, if accepted shall be numbered. Documentary evidence may be received
				  in the form of copies or excerpts if the original is not readily available.
				  Parties introducing documentary evidence should be prepared to furnish copies
				  to adverse parties.
All documentary and real evidence admitted as part of the
				  record shall be available for the public inspection.
D. Objections
All objections to rulings of the presiding officer regarding
				  evidence or procedure and the grounds for the objection shall be timely stated
				  during the course of the hearing.
E. Offer of Proof
An offer of proof may be made in connection with an objection
				  to a ruling of the presiding officer excluding or rejecting any testimony or
				  question on cross-examination.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 100 - RULES OF PROCEDURES FOR ADJUDICATORY HEARINGS › Section 229-100-07 - SUBPOENAS

Current through 2024-29, July 17, 2024
A. Proceeding
Any party to a hearing may request the Commissioner to issue
				  subpoenas in the name of the department to compel the attendance and testimony
				  of witnesses and the production of evidence relating to any issue of fact in
				  the hearing. The form of the subpoenas shall conform, insofar as practicable,
				  to the form used in civil cases before the courts. Witnesses subpoenaed shall
				  be paid the same fees for attendance and travel as in civil cases before the
				  courts. Such fees shall be paid in advance by the party requesting the
				  subpoena.
B. Identity
Any subpoena issued shall show on its face the name and
				  address of the party at whose request it was issued.
C. Modification
Any witness subpoenaed may petition the department to vacate
				  or modify a subpoena issued in its name. The department, after appropriate
				  investigation, may grant the petition in whole or part, if it finds that the
				  testimony or the evidence whose production is required does not relate with
				  reasonable directness to any matter in question, or that a subpoena for the
				  attendance of a witness or the production of evidence is unreasonable,
				  oppressive or has not been issued within a reasonable period prior to the time
				  when the evidence is requested.
D. Fines
Failure to comply with a properly issued subpoena which has
				  not been revoked or modified by the department shall be punishable by contempt
				  of court.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 100 - RULES OF PROCEDURES FOR ADJUDICATORY HEARINGS › Section 229-100-08 - IDENTIFICATION OF PARTIES

Current through 2024-29, July 17, 2024
A. Parties
All parties to the hearing shall be identified at the
				  beginning of the hearing. Every party shall have the right to present evidence
				  and arguments on the issues, to call witnesses and to participate in
				  cross-examination.
B.
				Public Participation
If the presiding officer permits, any person may participate
				  in a hearing by making oral or written statements of such person's position on
				  the issues which may be presented during the hearing.
C. Intervention
A member of the public, by written application may petition
				  the presiding officer prior to the hearing and request to intervene in the
				  proceedings. The presiding officer shall allow any person, department or
				  corporation, showing that he is or may be, or is a member of a class which is
				  or may be, substantially and directly affected by the proceeding to intervene
				  as a party to the proceeding. Whenever intervenor status is denied,, the
				  department shall include an entry to that effect and the reasons
				  therefor.
D. Staff Members
Staff of the department may appear and participate in any
				  adjudicatory proceeding.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 100 - RULES OF PROCEDURES FOR ADJUDICATORY HEARINGS › Section 229-100-09 - CONCLUSION OF HEARING

Current through 2024-29, July 17, 2024
The department will make its final decision in writing and
				  include it as part of the record. The decision will include findings of fact
				  sufficient to apprise the parties and the public of the basis for the decision.
				  A copy of the decision and a description of how the party may request a review
				  of the decision by the courts shall be mailed to all parties of record.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 101 - ADVISORY RULINGS › Section 229-101-01 - AUTHORITY & SCOPE

Current through 2024-29, July 17, 2024
The department may issue advisory rulings pursuant to 5
				  M.R.S.A. ' 9001 concerning the applicability of any statute or rule which it
				  administers to an existing factual situation. Advisory rulings will be issued
				  at the department's discretion and only upon written request entitled as such.
				  Each request will be individually reviewed to determine whether an advisory
				  ruling is appropriate. The department may decline to issue an advisory ruling
				  if the question is hypothetical, if there is insufficient experience upon which
				  to base a ruling or for any other reason the department deems
				  appropriate.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 101 - ADVISORY RULINGS › Section 229-101-02 - SUBMISSION

Current through 2024-29, July 17, 2024
Requests for advisory rulings shall be in writing and
				  designated as a request for an advisory ruling. All requests must set forth in
				  detail the facts pertinent to the question. The department may require
				  additional information as necessary to complete the factual background before
				  its ruling.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 101 - ADVISORY RULINGS › Section 229-101-03 - CONSIDERATION

Current through 2024-29, July 17, 2024
All requests for advisory rulings will be promptly
				  acknowledged by the department. Within ninety days after the acknowledgement, a
				  ruling will be made or parties advised that a ruling will not be made together
				  with the reasons therefor. Alternatively, the department may request additional
				  information which is necessary to determine whether an advisory ruling is
				  appropriate. All advisory rulings shall be written and entitled as such. They
				  shall include a statement of facts or assumptions or both upon which the
				  rulings are based.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 101 - ADVISORY RULINGS › Section 229-101-04 - DISPOSITION

Current through 2024-29, July 17, 2024
Each completed advisory ruling will be mailed to the
				  requesting party and a copy will be kept by the department in a file
				  established for this purpose. All completed advisory rulings are public
				  documents open to the public.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 102 - RULES REGARDING DEBARMENT OF CONTRACTORS › Section 229-102-01 - DEFINITIONS

Current through 2024-29, July 17, 2024
1. Person shall mean any individual,
				corporation, partnership or other business entity and shall include affiliates
				and subsidiaries of any such entity, and shall also include directors and
				officers of any entity which are closely connected to or associated with such
				an entity so as to control or have the power or authority to control such an
				entity in any business dealings.
2.
				Debarment shall mean disqualification from bidding on or sub-contracting for
				any project administered by the Maine Department of Transportation.
3. Bidding Crime shall mean any act
				prohibited by state or federal law committed in any jurisdiction involving
				fraud, conspiracy, collusion, perjury or material misrepresentation with
				respect to bidding on any public or private contract, and shall include
				violations of state anti-trust laws, federal anti-trust laws, the Racketeer
				Influence and Corrupt Organizations Act (RICO),
				18
				U.S.C. §1961, et seq., and the Mail
				Fraud Act,
				18 U.S.C.
				§1341, et seq.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 102 - RULES REGARDING DEBARMENT OF CONTRACTORS › Section 229-102-02 - AUTHORITY FOR DEBARMENT

Current through 2024-29, July 17, 2024
The Commissioner of the Department of Transportation shall
				  have the authority to debar any person for the following reasons:
A. Conviction of a bidding crime resulting
				from either a jury ,or bench trial; any plea of guilty or nolo contendere to a
				charge of a bidding crime; any public admission by any person of a bidding
				crime; or any testimony under oath by an unindicted co-conspirator indicating a
				person's involvement In a bidding crime.
B.
				Conviction of any offense indicating a lack of moral or ethical
				business integrity as may reasonably be perceived to relate to or reflect upon
				the business practices of the person.
C. Debarment by any other State or Federal
				agency for substantially any of the reasons listed in this Section.
D. Making false, deceptive, or fraudulent
				statements on any documents submitted to the Department.
E. Any other cause affecting a person's
				responsibility as a contractor of such serious and compelling nature so as to
				consider said person for disbarment.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 102 - RULES REGARDING DEBARMENT OF CONTRACTORS › Section 229-102-03 - NOTIFICATION AND RIGHT TO HEARING

Current through 2024-29, July 17, 2024
Any person considered for debarment shall be sent written
				  notice by certified mail and allowed the opportunity for a hearing to determine
				  whether debarment is appropriate. The notice shall state that debarment is
				  being considered, the reasons underlying the consideration of debarment, and
				  that the person under consideration shall be afforded an opportunity for a
				  hearing on a specified date.
With respect to any hearing of a person under consideration
				  for debarment:
A. Hearings shall be
				before a Debarment Committee consisting of five (5) individuals appointed by
				the Commissioner.
B. Findings of
				the Committee are to be determined by a preponderance of the
				evidence.
C. Such findings shall be
				agreed upon by a majority of the members of the Committee.
D. The Debarment Committee shall submit a
				written report to the Commissioner and each person under consideration for
				debarment.
E. The Commissioner
				shall render a final decision after review of the report of the Committee, any
				evidence contained In the record of the Hearing and any information related to
				the public Interest. The Commissioner shall provide a copy of said decision to
				each person under consideration for debarment.
F. The Commissioner shall have the authority,
				in the best interest of the public, to suspend or otherwise delay inquiry into
				possible debarment in the event that such inquiry might impede any State or
				Federal investigation.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 102 - RULES REGARDING DEBARMENT OF CONTRACTORS › Section 229-102-04 - TERMS OF DEBARMENT

Current through 2024-29, July 17, 2024
If a person is debarred, the term of debarment shall be for a
				  period commensurate with the seriousness of the causes but shall not exceed
				  twenty-four (24) months except as provided herein.
The Commissioner shall have the authority to lift, suspend or
				  shorten the term of debarment, or in the alternative, extend the term of
				  debarment for any mitigating circumstances he may consider appropriate, and may
				  include but shall not be limited to:
A. The degree of culpability of the debarred
				person;
B. Whether under the facts
				and circumstances of a debarred person's case a lengthy debarment is necessary
				to protect the best interest of the State;
C. A debarred person's disassociation from
				individual and business entities that have been involved in bidding
				crimes;
D. Cooperation by a
				debarred person with State, Federal or other governmental investigations of
				bidding crimes, including a complete and full account of the involvement of the
				debarred person therein;
E.
				Restitution by the debarred person of damages to the State.
Any debarred person may request a hearing to show that
				  mitigating circumstances exist to lift, suspend or shorten the term of
				  debarment.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 102 - RULES REGARDING DEBARMENT OF CONTRACTORS › Section 229-102-05 - AFFIRMATIVE DUTY TO NOTIFY THE DEPARTMENT

Current through 2024-29, July 17, 2024
Every person submitting a bid or proposal to the Department
				  of Transportation on any project shall be under the duty to notify the
				  Department in writing and with each bid or proposal whether said person is
				  under debarment in Maine or any other State, has been debarred by any Federal
				  agency, or has been convicted of or pled guilty or nolo contendere to any
				  bidding crime. Any person's failure to furnish such notification shall
				  constitute a reason for considering debarment.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 102 - RULES REGARDING DEBARMENT OF CONTRACTORS › Section 229-102-06 - OBLIGATIONS OF A DEBARRED PERSON

Current through 2024-29, July 17, 2024
Debarment by the Commissioner of any person shall in no way
				  affect the obligations of that person to complete services already under
				  contract.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 102 - RULES REGARDING DEBARMENT OF CONTRACTORS › Section 229-102-07 - EFFECTS OF DEBARMENT

Current through 2024-29, July 17, 2024
Any debarred person shall not be employed in any capacity on
				  any project administered by the Department during the term of debarment, except
				  as specifically detailed by the Commissioner.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 103 - RULES FOR THE SENSIBLE TRANSPORTATION POLICY ACT › Subchapter I - Maine Department of Transportation › Section 229-103-I-1 - SUMMARY

Current through 2024-29, July 17, 2024
This rule is adopted pursuant to the Sensible
					 Transportation Policy Act,
					  23 M.R.S.A.
					 §73. The decisions made in the
					 transportation sector are of critical importance to the people of Maine. The
					 field of transportation is diverse ranging from pedestrian to motorized
					 vehicles to telecommunications. This rule reflects the diversity in the
					 decision-making which occurs in the planning and development of Maine's
					 transportation network.
The rule provides a framework for examining a range of
					 choices. It recognizes there are benefits and costs (social, financial, energy,
					 and environmental quality) to transportation decisions. The safety of the
					 traveling public is of paramount importance, but transportation as a resource
					 needs to be both supplied as well as conserved. The livability of a community
					 can be significantly influenced by transportation and land use decisions. The
					 rule identifies policies and management strategies for the analysis of these
					 diverse issues.
This rule has been developed in response to the Sensible
					 Transportation Policy Act, as amended. There are other state and federal
					 statutes that significantly affect the Maine Department of Transportation's
					 activities. These statutes (e.g.
					 23 USC
					 §101
et seq.
,
					 Intermodal Surface Transportation Efficiency Act of 1991, ((ISTEA))
					 Pub. L. No.
					 102-240, 105 Stat 1914 and its subsequent
					 authorizations, the National Environmental Policy Act,
					 42 U.S.C.
					 §4321
et seq
.; Clean
					 Air Act,
					 42 U.S.C.
					 §7401
et seq
. and the
					 Clean Water Act
					 33 U.S.C.
					 §1251
et seq
.) and
					 others have specific processes and evaluations which may require a substantial
					 commitment of resources by the Maine Department of Transportation (MaineDOT).
					 To the extent possible MaineDOT shall avoid duplication when utilizingthe
					 processes and evaluations set forth in this rule to meet its obligations under
					 other state and federal laws.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 103 - RULES FOR THE SENSIBLE TRANSPORTATION POLICY ACT › Subchapter I - Maine Department of Transportation › Section 229-103-I-2 - SCOPE

Current through 2024-29, July 17, 2024
This rule applies to the transportation planning decisions,
					 capital investment decisions, and project decisions of the Maine DOT.
The Maine Turnpike Authority's (MTA)'s governing statute is
					 set forth in
					 
					 23 M.R.S.A. §1961
et
					 seq.
(as amended). This rule also applies to the transportation
					 planning, capital investment and project decisions of MTA.
In addition, this rule pertains to the growth management
					 and transportation planning activities of municipalities.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 103 - RULES FOR THE SENSIBLE TRANSPORTATION POLICY ACT › Subchapter I - Maine Department of Transportation › Section 229-103-I-6 - CAPITAL INVESTMENT DECISIONS

Current through 2024-29, July 17, 2024
Based on the Statewide Long-Range Transportation Plan,
					 MaineDOT develops a Mid-Range Transportation Improvement Plan (Mid-Range Plan).
					 The Mid-Range Plan covers a horizon of at least six years and includes an
					 outline of priority policies, programs, initiatives and projects that MaineDOT
					 anticipates implementing over that horizon. The Mid-Range Plan is financially
					 constrained and is updated as needed to support development of the Department's
					 Capital Work Plan. The Mid-Range Plan may not include transportation
					 maintenance investments or specific safety improvements as these types of
					 investments are continually evaluated and prioritized. When developing a
					 comprehensive revision of the Mid-Range plan, MaineDOT will consider input from
					 state and federal agencies, utility companies, MPOs, RCs, municipal officials,
					 the general public and other stakeholders (Maine Turnpike Authority, Northern
					 New England Passenger Rail Authority, Maine Port Authority, etc.) to ensure
					 broad based public input.
MaineDOT's capital investment decisions are reflected in
					 its Capital Work Plan. The Capital Work Plan will be drawn primarily from the
					 Mid-Range Plan, which will be presented to the Legislature in support of the
					 Department's biennial budget request.
When developing the Capital Work Plan, MaineDOT will select
					 projects based on regional importance, MPO Transportation Improvement Programs,
					 identified need and municipal requests as well as on the priorities outlined in
					 the Mid-Range Plan. The Capital Work Plan will be multimodal and include
					 appropriate transportation demand management and system management
					 options.
Projects and programs selected for inclusion in the Capital
					 Work Plan will be those that best promote and implement the policy objectives
					 set forth in Subchapter I, Section 4-B, are responsive to the identified
					 transportation system deficiencies and needs, ensure the necessary maintenance
					 and preservation of the existing transportation system, and are consistent with
					 available financial resources.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 103 - RULES FOR THE SENSIBLE TRANSPORTATION POLICY ACT › Subchapter I - Maine Department of Transportation › Section 229-103-I-9 - COMMUNITY ENHANCEMENT, CONTEXT SENSITIVE SOLUTIONS and PROJECT SCOPING

Current through 2024-29, July 17, 2024
In consultation with municipal officials and as part of the
					 planning (project scoping) and preliminary design process, capital improvement
					 projects will be reviewed to determine how they may be developed in support of
					 community needs, values and livability. MaineDOT will assemble sufficient data
					 to support an understanding of relevant community assets and values on all
					 projects other than those described by the MaineDOT as "system preservation".
					 In addition, MaineDOT assembles data regarding natural and cultural resources
					 that are protected by Federal and State Law.
MaineDOT may utilize the services of an architectural
					 historian, a landscape architect/designer, an archeologist, an architect, an
					 artist, a land use planner, a biologist, a geologist, or any other required
					 expertise. The extent of this review will depend upon MaineDOT's purpose and
					 need for the transportation project. Unless otherwise provided for, the
					 enhancement options identified by this review and requested by the community
					 may be implemented by a shared investment program. Once the review is
					 completed, a State and Local Agreement will be developed detailing the project
					 scope and financial participation. Not every State and Local Agreement will
					 have a community enhancement component. Community enhancements may include such
					 provisions as facilities for pedestrians and bicycles, acquisition of scenic
					 easements and historic sites, landscaping, use of materials that enhance
					 historical preservation or community character, mitigation of water pollution
					 due to highway run off, and other similar enhancements.