reglab/statecodes huggingface dataset:
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 089 - HISTORIC PRESERVATION COMMISSION AND MAINE STATE MUSEUM › Chapter 811 - HISTORIC BUILDINGS RESTORATION GRANTS › Appendix 089-811-C

Current through 2024-29, July 17, 2024
FORMAT FOR ARCHITECT/ENGINEER'S FINAL PROJECT
				  REPORT
The following material will form the basis for the
				  architect/engineer's final project report for each Historic Building
				  Restoration Grant.
PART 1
Property and Ownership Identification
1. National Register name and address of the
				assisted property.
2. Name and
				address of the property's owner.
3.
				Name and address of architectural/engineering firm.
4. Dates of project work (including
				development of plans and specifications).
Fiscal Report
1. Total project cost, including Maine
				Historic Preservation Commission share.
2. Final work cost breakdown.
3. Brief narrative explaining any differences
				between original work cost estimates and final costs.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 089 - HISTORIC PRESERVATION COMMISSION AND MAINE STATE MUSEUM › Chapter 812 - STATE HISTORIC PRESERVATION OFFICER'S STANDARDS FOR ARCHEOLOGICAL WORK IN MAINE › Section 089-812-1 - GENERAL RULES AND DEFINITIONS

Current through 2024-29, July 17, 2024
A.
Definitions
Commission.
				"Commission" shall mean the Maine Historic Preservation Commission.
Historic Archaeologist
. "Historic
				  Archaeologist" shall mean a professional archaeologist who conducts research on
				  sites in which human beings have left traces of their activities on or under
				  the landscape since the arrival of Europeans to North America.
Incompetent. "Incompetent" shall mean
				fieldwork which fails to meet the standards of current scientific methods and
				which results in damage or destruction of archaeological deposits without
				adequate data recovery.
Prehistoric Archaeologist
. "Prehistoric
				  Archaeologist" shall mean a professional archaeologist who conducts research on
				  sites in which Native Americans have left traces of their activities on or
				  under the landscape both before and after the arrival of Europeans to North
				  America.
Principal Investigator
. "Principal
				  Investigator" shall mean the person directing a project and responsible for its
				  conduct.
Professional Archaeologist
. "Professional
				  Archaeologist" shall mean a person who has the credentials listed in Section 2
				  of these rules and regulations.
Public Benefit
. "Public Benefit" shall mean the
				  dissemination of data by any or all means stipulated under "Timely Release of
				  Results".
State Historic Preservation Officer
. "State
				  Historic Preservation Officer" shall mean the Director of the Maine Historic
				  Preservation Commission.
Supervisory Experience
. "Supervisory
				  Experience" shall mean occasions in which a person has functioned as Principal
				  Investigator or supervisor of a field crew.
Timely Release of Results
. "Timely Release of
				  Results" shall mean dissemination of data to professional and/or lay audiences
				  by means of exhibits, publications, reports, lectures, and/or films within two
				  (2) years of the completion of a project.
Unethical Professional Behavior
. "Unethical
				  Professional Behavior" shall mean sale of artifacts or deliberate
				  misrepresentation of data for personal gain or any activity defined as illegal
				  by the State of Maine.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 089 - HISTORIC PRESERVATION COMMISSION AND MAINE STATE MUSEUM › Chapter 812 - STATE HISTORIC PRESERVATION OFFICER'S STANDARDS FOR ARCHEOLOGICAL WORK IN MAINE › Section 089-812-2 - ARCHAEOLOGICAL ADVISORY COMMITTEE

Current through 2024-29, July 17, 2024
A. The
				Archaeological Advisory Committee (AAC) is composed of the following persons:
a Commission staff prehistoric
				archaeologist;
b Commission staff
				historical archaeologist;
c
				Commission member for prehistoric archaeology;
d Commission member for historical
				archaeology:
e all professional
				archaeologists on either or both of the Commission's approved lists with
				full-time faculty appointments in the Maine State University system, or
				permanent, full-time positions in Maine State Government.
f any four additional professional
				archaeologists appointed by the SHPO for two-year terms of an unlimited
				number.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 089 - HISTORIC PRESERVATION COMMISSION AND MAINE STATE MUSEUM › Chapter 812 - STATE HISTORIC PRESERVATION OFFICER'S STANDARDS FOR ARCHEOLOGICAL WORK IN MAINE › Section 089-812-3 - CREDENTIALS

Current through 2024-29, July 17, 2024
The SHPO recognizes that archaeological work can require a
				  range of training and experience from modest levels to advanced levels. Persons
				  meeting the requirements of advanced experience and training shall be eligible
				  for both the Level 1 approved list and the Level 2 approved list. Those persons
				  meeting only the criteria of moderate training and experience shall be eligible
				  for the Level 1 approved list. Persons listed on the Level 1 approved list
				  shall. be recommended by the Maine Historic Preservation Commission for Phase I
				  archaeological survey work, archaeological site location, survey and data
				  synthesis work for municipal planning, and reconnaissance-level state survey
				  grants available in years where there is excess programmatic match provided by
				  state and non-state funds. Persons listed on the Level 2 approved list shall be
				  recommended for all types of work and grants available including Phase II and
				  Phase III cultural resource management jobs, and they will be eligible to
				  direct state and federally-funded survey grants, and state and federally-funded
				  development grants. In addition, the Level 1 and Level 2 approved lists will be
				  subdivided by specialty either in historic archaeology or prehistoric
				  archaeology. A person may be listed on more than one approved list.
A. Credentials for listing on the Level 1
				Approved list. Minimum requirements for listing on the Level 1 approved list
				shall include:
1. A Bachelor's degree in
				archaeology, anthropology, history, or similar field related to and concerned
				with the practice of field archaeology; and
2. At least one year of professional
				experience or equivalent specialized training in archaeological research and
				administration or management; and
3. Demonstrated ability to carry research to
				written completion; and
4. A
				minimum of one year's professional supervisory experience in prehistoric and/or
				historic archaeology fieldwork in northern New England within the previous ten
				(10) years; and
5. No record of
				illegal, unethical, and/or incompetent professional behavior; and
6. A letter of recommendation from one or
				more persons listed on the Level 2 MHPC approved list stating that the person
				is capable of completing Phase 1 archaeological survey or municipal planning
				archaeological tasks, and that the person has an adequate knowledge of northern
				New England historic and/or prehistoric archaeology to complete the
				task.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 089 - HISTORIC PRESERVATION COMMISSION AND MAINE STATE MUSEUM › Chapter 812 - STATE HISTORIC PRESERVATION OFFICER'S STANDARDS FOR ARCHEOLOGICAL WORK IN MAINE › Section 089-812-4 - APPLICATION FOR SURVEY GRANTS

Current through 2024-29, July 17, 2024
Agencies and institutions employing or proposing to hire
				  persons meeting federal credential requirements and listed on a Commission
				  approved list are eligible for matching federal and state survey grants for
				  archaeological survey and planning. They must submit a proposal detailing scope
				  of work, schedule, artifact and records curation, along with a budget with
				  breakdown showing proposed use of federal or state funds and the non-federal
				  matching share of the total project cost. The SHPO provides copies of proposals
				  to the relevant professional staff member, who then advises the SHPO as to
				  whether funds should be awarded. If so, the SHPO then decides whether the
				  Commission's level of survey funding will allow full or partial award of a
				  grant, advised in turn by the Executive Committee and the full Commission. The
				  applicant institution or agency is then advised in writing of the decision,
				  coupled with special conditions, if any.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 089 - HISTORIC PRESERVATION COMMISSION AND MAINE STATE MUSEUM › Chapter 812 - STATE HISTORIC PRESERVATION OFFICER'S STANDARDS FOR ARCHEOLOGICAL WORK IN MAINE › Section 089-812-5 - ENVIRONMENTAL IMPACT PROJECTS

Current through 2024-29, July 17, 2024
When a government agency or private party (contracting party)
				  is required by law to conduct pre-construction archaeological survey or
				  mitigation, the following procedural steps are taken:
A. The contracting party ascertains from the
				SHPO that fieldwork is needed.
B.
				The SHPO sends the contracting party the applicable approved lists of
				archaeologists and a generic scope of work based upon the nature of the
				project., These are accompanied by a recommendation that approved
				archaeologists) be hired to direct the project.
C. The contracting party seeks proposals)
				from any or all of the persons on the supplied approved lists.
D. The contracting party sends the proposals)
				to the SHPO for comment on the scope of work and methodology, omitting any
				budgetary information, unless the contracting party specifically requests in
				writing that this be included in the review. Should such a request for SHPO
				comment on budgetary information be made, the SHPO will consult with the
				bidder(s) about their proposed budget(s) before commenting to the contracting
				party.
E. The SHPO, advised by the
				relevant Commission staff member(s), comments on the proposals in writing to
				the contracting party, who then negotiates with the potential contractors for
				necessary modifications.
F. An
				agreement is reached between the SHPO and the contracting party on the scope of
				work and methodology.
G. Once the
				fieldwork is completed, a report is prepared by the contractor and submitted to
				the contracting party.
H. The
				contracting party sends the report to the SHPO for comment.
I. The SHPO sends the contracting party a
				written statement clearly describing the report's problems, if any, and what
				measures are necessary to rectify them.
J. The contracting party passes these
				comments on to the contractor, who makes changes as necessary, re-submits the
				report to the contracting party, who re-submits it to the SHPO for
				approval.
K. The SHPO approves the
				report and so notifies the contracting party.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 089 - HISTORIC PRESERVATION COMMISSION AND MAINE STATE MUSEUM › Chapter 812 - STATE HISTORIC PRESERVATION OFFICER'S STANDARDS FOR ARCHEOLOGICAL WORK IN MAINE › Report Form for Phase I Survey

Current through 2024-29, July 17, 2024
1. Project
				Name:______________________________________________________________
2. Location:
				City/County:_________________________________________________________
USGS
				  Quadrangle:___________________________________________________________
UTM
				  Coordinates:___________________________________________________________
Other Location
				  References:_____________________________________________________
3. Type of
				Investigation:_________________________________________________________
4. Principal
				Investigator:_________________________________________________________
5.
				Reporter:__________________________________________________________________
6. Did survey cover entire area of direct and
				indirect environmental impact of project? _____ Yes _____No. If "no", attach
				explanation.
7. Dates of
				Fieldwork:___________________________________________________________
8. Attach map(s) of area(s)
				surveyed.
9. Attach list of
				personnel on survey team.
10.
				Repository for
				notes:__________________________________________________________
11. Repository for
				artifacts:________________________________________________________
12. Environment:
(a) Attach description of contemporary
				environment (ca.1 pg.).
(b) Attach
				description of likely relevant prehistoric and/or historic environments, with
				bases for reconstruction (ca. 1-2 pg.).
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 089 - HISTORIC PRESERVATION COMMISSION AND MAINE STATE MUSEUM › Chapter 813 - HISTORIC REHABILITION TAX CREDIT › Section 089-813-1 - GENERAL

Current through 2024-29, July 17, 2024
Title 27, section 511 instructs the Director of the Maine
				  Historic Preservation Commission (Director); in consultation with the
				  Department of Administrative and Financial Services, Bureau of Revenue
				  Services, to administer a program in support of state rehabilitation tax
				  credits for income-producing historic structures. The Director is further
				  instructed to certify information necessary for applicants to demonstrate
				  eligibility for the income tax credit provided under Title 36, section 5219-B
				  B. The Director may also develop instructions and guidelines, and application
				  and certification forms as necessary in support of the program, and must issue
				  reports evaluating the program.
These rules provide guidelines for the application process
				  and the administration of a program for state rehabilitation tax credits. The
				  credits are comprised of the Substantial Rehabilitation Credit, the Small
				  Project Rehabilitation Credit, and the Affordable Housing Rehabilitation Credit
				  Increase, as defined below.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 089 - HISTORIC PRESERVATION COMMISSION AND MAINE STATE MUSEUM › Chapter 813 - HISTORIC REHABILITION TAX CREDIT › Section 089-813-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
The following terms used in this rule shall be defined as
				  below:
1. "
Affordable Housing
				Rehabilitation Credit Increase
" means the increased credit amount
				allowed for the creation of affordable housing pursuant to Title 36.
2. "
Certified Historic
				Structure
" means any building (and its structural components) which:
A. Is individually listed in the National
				Register of Historic Places, or
B.
				Is located in a Registered Historic District and is certified by the Secretary
				of the Interior or Director as being of historic significance to the district.
(1) For purposes of the Substantial
				Rehabilitation Credit only the Secretary of the Interior may certify a historic
				structure as being of historic significance to a Registered Historic
				District.
(2) For purposes of the
				Small Project Rehabilitation Credit only the Director may certify a historic
				structure as being of historic significance to a Registered Historic
				District.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 089 - HISTORIC PRESERVATION COMMISSION AND MAINE STATE MUSEUM › Chapter 813 - HISTORIC REHABILITION TAX CREDIT › Section 089-813-3 - APPLICATION GUIDELINES

Current through 2024-29, July 17, 2024
1.
Certifications of Historic Significance and Rehabilitation -
				General
A.
Forms
(1)
National Park Service Historic
				Preservation Certification Application (HPCA)
. For purposes of the
				Substantial Rehabilitation Credit, all requests for preliminary determinations
				and certifications shall be made on the HPCA forms in accordance with the HPCA
				instructions. In addition, Parts A and B of the Maine State Rehabilitation Tax
				Credit Reporting Form must be submitted to the Director in accordance with Part
				1.A(3) of this Section.
(2)
Small Project Rehabilitation Certification Application (SPRCA)
.
				For purposes of the Small Project Rehabilitation Credit, requests for
				certifications of buildings in Registered Historic Districts as Certified
				Historic Structures, requests for preliminary determinations of individual
				buildings as Certified Historic Structures, requests for review of proposed
				Rehabilitations, and requests for certifications of completed rehabilitation
				projects shall be made on the SPRCA forms in accordance with the SPRCA
				instructions. In addition, Parts A and B of the Maine State Rehabilitation Tax
				Credit Reporting Form must be submitted to the Director in accordance with Part
				1.A(3) of this Section.
(3)
Maine
State
Rehabilitation Tax Credit Reporting
				Form
. Parts A and B of the Maine State Rehabilitation Tax Credit
				Reporting Form must be submitted to the Director in order to claim any credit
				allowable pursuant to 36 MRSA §5219-BB. Part A of the Reporting Form must
				be submitted with Part 2 of either the HPCA or SPRCA, whichever is applicable.
				Part B of the Reporting Form must be submitted with Part 3 of either the HPCA
				or SPRCA, whichever is applicable.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 089 - HISTORIC PRESERVATION COMMISSION AND MAINE STATE MUSEUM › Chapter 813 - HISTORIC REHABILITION TAX CREDIT › Section 089-813-4 - INSPECTION RIGHTS

Current through 2024-29, July 17, 2024
Director's Inspection Rights
. Completed projects
				  may be inspected by an authorized representative of the Director to determine
				  if the work meets the Standards for Rehabilitation. The Director reserves the
				  right to make inspections at any time up to five years after completion of the
				  rehabilitation and to revoke a certification, after giving the owner 30 days to
				  comment on the matter, if it is determined that the rehabilitation project was
				  not undertaken as represented by the owner in his or her application and
				  supporting documentation, or the owner, upon obtaining certification, undertook
				  further unapproved project work inconsistent with the Secretary's Standards for
				  Rehabilitation.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 089 - HISTORIC PRESERVATION COMMISSION AND MAINE STATE MUSEUM › Chapter 813 - HISTORIC REHABILITION TAX CREDIT › Section 089-813-5 - EFFECTIVE DATES AND TRANSITION RULES

Current through 2024-29, July 17, 2024
Owners whose Rehabilitation projects commenced before January
				  1, 2008, but were not completed until after January 1, 2008, may apply for
				  certification of their Rehabilitation in accordance with these Regulations.
				  However, only expenditures incurred after January 1, 2008 can be Certified
				  Qualified Rehabilitation Expenditures eligible for the credit.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 089 - HISTORIC PRESERVATION COMMISSION AND MAINE STATE MUSEUM › Chapter 813 - HISTORIC REHABILITION TAX CREDIT › APPENDIX

Current through 2024-29, July 17, 2024
Maine Revised Statutes, Title 27, chapter 17, subsection
				  511
Maine Revised Statutes, Title 36
Internal Revenue Code,
				  26 United States Code, Section
				  47(1990)
26 Code of Federal Regulations, 1.46-3 (2008)
26 Code of Federal Regulations, 1.48-12 (2008)
National Historic Preservation Act of 1966 (as amended
				  through 2006), 16 United States Code, Title 1, Section 101
36 Code of Federal Regulations, Chapter 1, Part 60
				  (2008)
36 Code of Federal Regulations, Chapter 1, Part 67
				  (2008)
Copies of all reference materials are available upon
				  request from the
Maine
Historic Preservation
				  Commission.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 089 - HISTORIC PRESERVATION COMMISSION AND MAINE STATE MUSEUM › Chapter 815 - HISTORIC PRESERVATION REVOLVING LOAN FUND › Section 089-815-1 - GENERAL

Current through 2024-29, July 17, 2024
Title 5 § 13056-F instructs the Maine Historic
				  Preservation Commission to provide funds to qualified nonprofit historic
				  preservation organizations in the State for the purpose of acquiring endangered
				  historic properties of local, state or national significance, as determined by
				  the Commission, for resale to new owners who agree to preserve, rehabilitate or
				  restore the properties as necessary, subject to preservation easements or
				  covenants held by the qualified organization.
These rules provide guidelines for the application process
				  and the administration of the Historic Preservation Revolving Loan
				  Fund.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 089 - HISTORIC PRESERVATION COMMISSION AND MAINE STATE MUSEUM › Chapter 815 - HISTORIC PRESERVATION REVOLVING LOAN FUND › Section 089-815-3 - APPLICATION FOR STATUS AS A QUALIFIED ORGANIZATION

Current through 2024-29, July 17, 2024
1. Only organizations that meet the
				definition of a Qualified Organization as defined in Section 2.12. are eligible
				to receive loans from the Fund.
2.
				A Qualified Organization must demonstrate the capacity to undertake the
				project(s) proposed in the application with a reasonable prospect of bringing
				it to a successful conclusion. In assessing an applicant's ability to meet the
				requirements of this paragraph, the Commission may consider all relevant
				factors, including but not limited to the applicant's organizational purpose;
				organizational history; previous historic preservation, rehabilitation or
				acquisition activity; scope of economic or revitalization vision;
				organizational plan for negotiating the purchase, marketing, sale, and
				long-term enforcement of preservation easements; and proof that the
				organization has corporate good standing and evidence of success in previous
				efforts. In addition, the Commission may consider evidence of success in
				previous efforts, the identification of anticipated sources of matching funds
				and description of the timeframe for final commitment.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 089 - HISTORIC PRESERVATION COMMISSION AND MAINE STATE MUSEUM › Chapter 815 - HISTORIC PRESERVATION REVOLVING LOAN FUND › Section 089-815-4 - ELIGIBLE PROPERTIES

Current through 2024-29, July 17, 2024
In order to be considered eligible for a loan under this
				  program, the property that is proposed for acquisition must be an Endangered
				  Historic Property as defined in Section 2.7.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 089 - HISTORIC PRESERVATION COMMISSION AND MAINE STATE MUSEUM › Chapter 815 - HISTORIC PRESERVATION REVOLVING LOAN FUND › Section 089-815-5 - APPLICATION PROCEDURE

Current through 2024-29, July 17, 2024
Applicants are required to complete and submit the three part
				  Historic Preservation Revolving Loan Fund Application with all checklist items
				  in accordance with the application instructions.
1.
PART 1
A. Information and materials submitted with
				Part 1 of the Historic Preservation Revolving Loan Fund Application
				(Application) will be used as the basis for:
(1) Evaluating the applicant organization's
				status as a QO; and
(2)
				Determining whether the property proposed for acquisition is an EHP, as defined
				in Section 2; and
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 089 - HISTORIC PRESERVATION COMMISSION AND MAINE STATE MUSEUM › Chapter 815 - HISTORIC PRESERVATION REVOLVING LOAN FUND › Section 089-815-7 - FORMAT AND COMPLETENESS OF APPLICATION

Current through 2024-29, July 17, 2024
1. All
				information and photographs must be submitted both in printed hard copy and in
				an electronic format as stipulated in the application. The applicant must
				thoroughly and accurately address all of the Evaluation Criteria discussed
				under Section 6 in a concise, clear, well written format. Photographs must be
				printed on photo paper at a minimum size of 3.5 inches by 5 inches and be good,
				clear images that are numbered, dated, and labeled with the property name, the
				view, and a brief description of what is shown. Include a photo key plan-that
				is, a floor plan and, if applicable, a site plan showing numbered photographs
				and arrows indicating the view.
2.
				If any part of an application is incomplete it will be returned to the
				applicant with a brief explanation of deficiencies and the review period will
				start over from the time the application is resubmitted. If an application must
				be returned to an applicant more than twice, it will be returned to the
				applicant on the third time and will not be reconsidered for a full year from
				the date of return unless rewritten and submitted by a different QO.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 089 - HISTORIC PRESERVATION COMMISSION AND MAINE STATE MUSEUM › Chapter 815 - HISTORIC PRESERVATION REVOLVING LOAN FUND › Section 089-815-8 - APPEAL PROCEDURE

Current through 2024-29, July 17, 2024
1.
Appeal
				Requests
. An applicant may appeal any decision by the Director. A
				request for an appeal shall be made in writing to the Commission Chair within
				30 days of receipt of the decision which is the subject of the appeal. Any such
				appeal must be in writing and shall set forth the manner in which the aggrieved
				claims the decision was arbitrary or unreasonable.
2.
Decisions
. In considering
				appeals, the Commission may take into account alleged errors in professional
				judgment or alleged prejudicial procedural errors.
3.
Final Administrative Remedy
.
				The decision of the Commission shall be the final administrative decision on
				the appeal. No organization or governmental body shall be considered to have
				exhausted its administrative remedies with respect to decisions described in
				this part until the Commission Chair has issued a final administrative decision
				in writing to the applicant in response to this section.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 089 - HISTORIC PRESERVATION COMMISSION AND MAINE STATE MUSEUM › Chapter 815 - HISTORIC PRESERVATION REVOLVING LOAN FUND › APPENDIX

Current through 2024-29, July 17, 2024
Maine Revised Statutes, Title 5, Section 13056-F
36 Code of Federal Regulations, Part 60
36 Code of Federal Regulations, Part 68
Copies of all reference materials are available upon request
				  from the Maine Historic Preservation Commission.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 178 - ADAPTIVE EQUIPMENT LOAN PROGRAM FUND BOARD › Chapter 501 - KIM WALLACE ADAPTIVE EQUIPMENT LOAN PROGRAM RULE › Section 178-501-2 - Administration

Current through 2024-29, July 17, 2024
A. The board shall have the powers and duties
				provided in Sections 374 through 377 of the Act, and may delegate loan approval
				and denial authority to a financial services provider as set forth
				herein.
B. The board may enter into
				contracts with one or more responsible entities to perform the administrative
				functions necessary for the efficient conduct of the program. The contract(s)
				may provide for compensation for services rendered and reasonable
				expenses.
C. A minimum of 75% of
				all loans made shall be made to individuals, for acquisition of adaptive
				equipment for personal, family or household use.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 178 - ADAPTIVE EQUIPMENT LOAN PROGRAM FUND BOARD › Chapter 501 - KIM WALLACE ADAPTIVE EQUIPMENT LOAN PROGRAM RULE › Section 178-501-3 - Loan Fund Administration

Current through 2024-29, July 17, 2024
A. The fund
				administrator shall maintain and invest the fund as provided in Section 372 of
				the Act, and shall report periodically to the board regarding fund activity and
				the balance of the fund.
B. The
				fund shall grow from interest on investments, appropriations, interest on loan
				payments, grants, endowments and gifts. The fund shall be used to make direct
				loans and cover costs and expenses associated with maintaining, servicing and
				administering the fund.
C. The fund
				may be used to compensate members of the board for expenses incurred as
				provided by 5 M.R.S.A chapter 379.
D. The fund administrator shall make
				disbursements from the fund for permitted purposes to the financial services
				provider upon request of the financial services provider and as mutually agreed
				between the board, the fund administrator and the financial services
				provider.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 178 - ADAPTIVE EQUIPMENT LOAN PROGRAM FUND BOARD › Chapter 501 - KIM WALLACE ADAPTIVE EQUIPMENT LOAN PROGRAM RULE › Section 178-501-4 - Eligibility

Current through 2024-29, July 17, 2024
A. The applicant must demonstrate that the
				loan will assist one or more persons with disabilities to improve their
				independence or quality of life or become more productive members of the
				community.
B. Loan proceeds must be
				used for the purchase of adaptive equipment that will assist one or more
				persons with disabilities to improve their independence or quality of life or
				become more productive members of the community.
C. The amount of the loan sought shall not,
				when added to the principal balance of any other outstanding or approved loans
				to or for the benefit of the same applicant, exceed the maximum permitted
				aggregate, per borrower loan amounts set forth in Section
				6(A), and shall not
				result in any one individual or entity becoming liable to the board as borrower
				or as guarantor for amount in excess of $100,000 in the aggregate.
D. An applicant who has previously been
				denied for a program loan may not reapply unless the new application is a
				significant change from the denied application.
E. An applicant must demonstrate
				creditworthiness and repayment ability.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 178 - ADAPTIVE EQUIPMENT LOAN PROGRAM FUND BOARD › Chapter 501 - KIM WALLACE ADAPTIVE EQUIPMENT LOAN PROGRAM RULE › Section 178-501-5 - Application Procedure and Contents

Current through 2024-29, July 17, 2024
A. Applications
				are to be submitted as directed by the board and must include such information
				as necessary and required by the board.
B. The following shall be considered in
				approving or denying an application for a loan:
1) Whether an applicant is eligible for a
				loan.
2) Whether the loan proceeds
				will be put to an eligible use.
3)
				Whether the applicant has the ability to repay the loan.
4) Whether any other financing sources may be
				used to supplement the loan.
5)
				Whether there are sufficient assets to provide adequate collateral for the
				loan.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 178 - ADAPTIVE EQUIPMENT LOAN PROGRAM FUND BOARD › Chapter 501 - KIM WALLACE ADAPTIVE EQUIPMENT LOAN PROGRAM RULE › Section 178-501-7 - Loans for Transportation Assistance Program

Current through 2024-29, July 17, 2024
A.
Purpose
The board, or its designee, may award loans for the purpose
				  of assisting persons with disabilities to purchase used vehicles necessary to
				  obtain or retain employment or employment training, subject to the terms and
				  conditions of this Section 7.
B.
Eligibility
In order to be eligible for a loan under this Section 7, an
				  applicant must be eligible under other provisions of this rule (other than
				  Section
				  4(B) ), and must
				  demonstrate that:
1) He or she is
				receiving vocational services from a State or community-based organization,
				which organization provides employment services to persons with disabilities;
				and
2) The organization has
				certified that the applicant has entered into an individualized plan towards
				employment developed with such organization to obtain or retain employment or
				employment training, which plan identifies transportation as a need of the
				applicant; and
3) The operator of
				the vehicle has a valid driver's license and the required insurance;
				and
4) Adequate collateral is being
				provided for the loan; and
5) He or
				she is employed, or is actively pursuing completion of an employment training
				program or is considered "ready for employment" or the equivalent, as
				determined by the organization, and is reasonably likely to repay the
				loan.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 178 - ADAPTIVE EQUIPMENT LOAN PROGRAM FUND BOARD › Chapter 501 - KIM WALLACE ADAPTIVE EQUIPMENT LOAN PROGRAM RULE › Section 178-501-7-A - Alternate Procedure for Certain Loan Requests

Current through 2024-29, July 17, 2024
A.
				In the event an individual applicant requests a loan to acquire adaptive
				equipment for personal, family or household use for an amount up to a certain
				limit adopted by the board no less than annually, and the applicant meets
				certain eligibility criteria adopted by the board no less than annually, the
				service providers, at the election of the applicant, may process the loan
				without a vote of the board, provided however if the service providers conclude
				that the application should be denied, denial of the loan application may be
				done only through formal board action at the next board meeting.
B.
Procedure
1. The support services provider shall
				determine that the applicant is eligible in accordance with Section 4 of this
				rule.
2. The application shall be
				processed in accordance with Section 5 of this rule.
3. The financial services provider shall
				determine the applicant's eligibility for purposes of this Section 7-A in
				accordance with the criteria established by the board.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 178 - ADAPTIVE EQUIPMENT LOAN PROGRAM FUND BOARD › Chapter 501 - KIM WALLACE ADAPTIVE EQUIPMENT LOAN PROGRAM RULE › Section 178-501-8 - Waiver of Rule

Current through 2024-29, July 17, 2024
The board may waive any requirement of this rule, except to
				  the extent that the requirement is mandated by the Act, in cases where the
				  deviation from the rule is insubstantial and is not contrary to the purposes of
				  the program.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 178 - ADAPTIVE EQUIPMENT LOAN PROGRAM FUND BOARD › Chapter 501 - KIM WALLACE ADAPTIVE EQUIPMENT LOAN PROGRAM RULE › Section 178-501-9 - Confidentiality

Current through 2024-29, July 17, 2024
Any and all program materials, applications and supporting
				  information and materials obtained by the board or any service provider to aid
				  in its provision of assistance shall be confidential to the extent required or
				  permitted under
				  1 M.R.S.A.
				  §405.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 178 - ADAPTIVE EQUIPMENT LOAN PROGRAM FUND BOARD › Chapter 501 - KIM WALLACE ADAPTIVE EQUIPMENT LOAN PROGRAM RULE › Section 178-501-10 - Appeal

Current through 2024-29, July 17, 2024
In the event that an application is denied by the financial
				  services provider, the applicant may appeal to the board. Notice of appeal
				  should be directed to the financial services provider in writing, stating why
				  the decision should be modified or reversed. Notice of appeal must be submitted
				  within 30 calendar days of the date of the denial letter. The appeal shall be
				  heard at the next regularly scheduled meeting of the board. The applicant may
				  be present to support the appeal. The appeal shall be based on the application
				  record on the date of denial. The decision of the board will be final.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 178 - ADAPTIVE EQUIPMENT LOAN PROGRAM FUND BOARD › Chapter 501 - KIM WALLACE ADAPTIVE EQUIPMENT LOAN PROGRAM RULE › Section 178-501-11 - Loans for Transportation Assistance Program

Current through 2024-29, July 17, 2024
A.
Purpose
The board may award loans for the purpose of assisting
				  persons with disabilities to purchase used vehicles necessary to obtain or
				  retain employment or employment training, subject to the terms and conditions
				  of this Section 11.
B.
Eligibility
In order to be eligible for a loan under this Section 11, an
				  applicant must be eligible under other provisions of this rule (other than
				  Section 4(B) ), and must demonstrate to the satisfaction of the board
				  that:
1. He or she is receiving
				vocational services from a state or community based organization approved by
				the board that provides employment services to persons with disabilities;
				and
2. He or she has entered into
				an individualized plan towards employment developed with such organization to
				obtain or retain employment or employment training, which plan identifies
				transportation as a need of the applicant; and
3. He or she has a valid driver's license and
				required insurance; and
4.
				Adequate collateral is being provided for the loan; and
5. He or she is employed, or is actively
				pursuing completion of an employment training program or is considered "ready
				for employment" or the equivalent, as determined by the organization, and is
				reasonably likely to repay the loan.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 178 - ADAPTIVE EQUIPMENT LOAN PROGRAM FUND BOARD › Chapter 501 - KIM WALLACE ADAPTIVE EQUIPMENT LOAN PROGRAM RULE › Section 178-501-12 - Waiver of Rule

Current through 2024-29, July 17, 2024
The board may waive any requirement of this rule, except to
				  the extent that the requirement is mandated by the Act, in cases where the
				  deviation from the rule is insubstantial and is not contrary to the purposes of
				  the program.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 178 - ADAPTIVE EQUIPMENT LOAN PROGRAM FUND BOARD › Chapter 501 - KIM WALLACE ADAPTIVE EQUIPMENT LOAN PROGRAM RULE › Section 178-501-13 - Loan Administration

Current through 2024-29, July 17, 2024
A. The authority
				shall prepare checks as directed by the financial services provider.
B. A loan is in default when any payment is
				30 days past due or upon the occurrence of any event of default as defined in
				the loan documents.
C. When a loan
				is in default, the financial services provider shall notify the borrower and
				the support services provider that the borrower has 30 days in which to cure
				the default.
D. If the borrower
				fails to cure the default within 30 days, the board shall take all appropriate
				action provided under law and the loan documents. In determining the
				appropriate action, the board shall consider:
1. The recommendation of the financial
				services provider.
2. The
				recommendation of the support services provider.
3. The impact of enforcement and collection
				on the borrower; and
4. The
				likelihood that the loan will be repaid if a waiver or extension is
				granted.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 178 - ADAPTIVE EQUIPMENT LOAN PROGRAM FUND BOARD › Chapter 501 - KIM WALLACE ADAPTIVE EQUIPMENT LOAN PROGRAM RULE › Section 178-501-14 - Confidentiality; Executive Sessions

Current through 2024-29, July 17, 2024
A. Any and all
				program materials, applications and supporting information and materials
				obtained by the authority to aid in its provision of financial assistance shall
				be confidential to the extent required or permitted under 10 M.R.S.A.
				§975-A. The board or authority shall determine whether or not any such
				information in its possession is confidential.
B. The board, upon vote of the members, may
				hold deliberations in executive session to discuss information made
				confidential by statute or for other statutorily authorized purposes. The board
				shall not take any action in executive session.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 178 - ADAPTIVE EQUIPMENT LOAN PROGRAM FUND BOARD › Chapter 501 - KIM WALLACE ADAPTIVE EQUIPMENT LOAN PROGRAM RULE › Section 178-501-15 - Requests for Reconsideration

Current through 2024-29, July 17, 2024
In the event that the application is denied by the board,
				  the applicant may make a request for reconsideration of the application to the
				  board. Requests should be directed to the chairperson of the board, stating why
				  the decision should be modified or reversed. A request for reconsideration must
				  be submitted in writing within twenty (20) calendar days of the date of the
				  denial letter. The reconsideration shall be heard at a meeting of the board.
				  The applicant may be present to support the request. The reconsideration shall
				  be based on the record before the board on the date of denial. The decision of
				  the board will be final.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 178 - ADAPTIVE EQUIPMENT LOAN PROGRAM FUND BOARD › Chapter 502 - PROCEDURES GOVERNING ADMINISTRATION OF THE ADAPTIVE EQUIPMENT LOAN PROGRAM FUND BOARD › Section 178-502-1 - Administrative Functions

Current through 2024-29, July 17, 2024
The Board may hire contractors or employees to perform the
				  necessary administrative functions of the Board. The authority of each
				  Contractor shall be delineated in a written agreement between the Board and the
				  Contractor.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 178 - ADAPTIVE EQUIPMENT LOAN PROGRAM FUND BOARD › Chapter 502 - PROCEDURES GOVERNING ADMINISTRATION OF THE ADAPTIVE EQUIPMENT LOAN PROGRAM FUND BOARD › Section 178-502-3 - Advisory Rulings

Current through 2024-29, July 17, 2024
The Chair is authorized to issue nonbinding advisory rulings
				  as to the applicability of the Adaptive Equipment Loan Program Act (the "Act")
				  or the Board's rules to an applicant, its property or circumstances. Requests
				  for advisory rulings must be in writing and must specifically identify the
				  section or provision of the statute or rule on which the ruling is sought. The
				  Chair may decline to issue any ruling if the request is not sufficiently
				  specific, is not accompanied by adequate information, does not adequately
				  identify the applicant or the purpose for which the ruling is sought, require
				  additional information before issuing a ruling, or if the Chair determines that
				  issuance of a ruling would not assist the applicant or would be contrary to the
				  purposes of the Act. All rulings shall be in writing. Rulings shall not be
				  binding upon the Board. The Board may charge an applicant for a ruling the
				  Authority's actual, out-of-pocket costs and expenses, if any, in preparing any
				  ruling.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 178 - ADAPTIVE EQUIPMENT LOAN PROGRAM FUND BOARD › Chapter 502 - PROCEDURES GOVERNING ADMINISTRATION OF THE ADAPTIVE EQUIPMENT LOAN PROGRAM FUND BOARD › Section 178-502-4 - Hearing Procedures for Appeals

Current through 2024-29, July 17, 2024
In any appeal of a denial decision by the service provider
				  in accordance with 94-178 CMR chapter 501, the hearing shall be conducted
				  substantially as follows:
A. The
				service provider contracted by the Board may make a statement summarizing their
				findings that support the denial of the loan application. The Board may ask
				questions of the service provider.
B. The applicant may make a statement in
				support of the appeal and shall be provided an opportunity to respond to any
				statements made by the service provider. The Board may ask questions of the
				applicant.
C. Board members shall
				be given an opportunity to state the basis of their votes on the
				appeal.
D. Appeals shall be based
				on the record on the date of denial. If the applicant has information that
				supports his or her ability to repay the loan which was not presented to the
				service provider, the Board may deny the appeal, but recommend that the
				applicant re-apply for the loan.
E.
				The Board shall grant the appeal and approve the application if it finds that
				the Board's established criteria for approving applications under 94-178 CMR
				Chapter 501 were not appropriately applied and the applicant has the ability to
				repay the loan.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 178 - ADAPTIVE EQUIPMENT LOAN PROGRAM FUND BOARD › Chapter 502 - PROCEDURES GOVERNING ADMINISTRATION OF THE ADAPTIVE EQUIPMENT LOAN PROGRAM FUND BOARD › Section 178-502-5 - Conflict of Interest

Current through 2024-29, July 17, 2024
No Board member may participate in a vote on an application
				  where that member has a direct or indirect pecuniary interest in the outcome of
				  the vote.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 178 - ADAPTIVE EQUIPMENT LOAN PROGRAM FUND BOARD › Chapter 503 - KIM WALLACE ADAPTIVE EQUIPMENT LOAN PROGRAM UNDERWRITING GUIDELINES › Section 178-503-I - UNDERWRITING GUIDELINES FOR LOANS TO INDIVIDUALS WITH DISABILITIES

Current through 2024-29, July 17, 2024
Section 1.
PURPOSE
The founding intent and essential purpose of the Kim Wallace
				  Adaptive Equipment Loan Program ("AELP") is to provide financing for people
				  with disabilities within the State of Maine for the purchase of adaptive
				  equipment or assistive technology that will help them live more independently.
				  AELP is committed to working with people with disabilities who may not have
				  access to commercial financing resources, such as banks or credit unions. At
				  the outset, AELP directs potential loan applicants to available public and
				  private funding sources that may provide grant monies or other resources that
				  would obviate or reduce the need for financing. AELP also provides financial
				  education before and throughout the application and loan process. The board or
				  any entity with which the board is contracted to provide financial support
				  services may award loans based on the following program guidelines.
Section 2.
PROCEDURES AND
				STANDARDS
Loan applications shall be processed according to the
				  procedures and standards set forth in the Kim Wallace Adaptive Equipment Loan
				  Program, Rule
				  94-178 Chapter 501, (
The
				  Program Rule
). Where applicable, the definitions of the terms
				  contained in Section
				  1 of the program Rule apply to the
				  terms as they are used in these underwriting guidelines. To the extent
				  consistent with the Act and the Program Rule, the following underwriting
				  guidelines shall supplement the Program Rule.
Section 3.
LOAN INTEREST RATE
AELP's current interest rate of 3.75% is available to all
				  applicants who qualify for loan pursuant to the Act, the Program Rule, and
				  these underwriting guidelines.
Section
				4.
UNDERWRITING GUIDELINES FOR LOANS TO INDIVIDUALS WITH
				DISABILITIES
A.
Loan
				Periods
. The term of each loan shall be based on the applicant's
				circumstances and the useful life of the collateral. Typical Repayment periods
				for various types of loan are shown below:
1.
				Computers and adaptive peripherals - 3 years
2.
				 Stand-alone reading and magnification devices - 5 years
3. Hearing Aids - 4 years
4. Wheelchairs or scooters - 5
				years
5. Building modifications - 10
				years
6. New vehicles that need
				adaptations (including when there is another funding source for the
				adaptations) - 7 years.
7. Used
				vehicles that need adaptations (including when there is another funding source
				for the adaptations) - 6 years
8.
				Lifts and elevators - 10-20 years
9.
				Furniture, beds and mattresses - 7-10 years
10. Other - If AELP has not established a
				loan period for specific type of adaptive equipment or assistive technology
				knowledgeable individuals will be consulted to determine and assess the
				expected useful life.