reglab/statecodes huggingface dataset:
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 32 - STATE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM RULE › Section 346-32-1 - Definitions

Current through 2024-29, July 17, 2024
A. "Act" means the Maine Housing Authorities
				Act,
				 30-A M.R.S.A. §4701
et seq
., as it may be amended from time to time.
B. "Donated Resources" means resources given
				to MSHA by a source other than the State for the purpose of providing fuel
				assistance to low-income persons.
C.
				"Federal LIHEAP" means the Home Energy Assistance Program established pursuant
				to the Federal LIHEAP Act, the Act, and the Federal Funds LIHEAP
				Rule.
D. "Federal LIHEAP Act" means
				42 U.S.C.A.
				§8621
et seq
., and the
				regulations promulgated thereunder, including
				45 C.F.R.
				§
										96.1 through
				96.68
				and 45 C.F.R. § 96.80
et seq
., all as may be amended from
				time to time.
E. "Federal Funds
				LIHEAP Rule" means Chapter 24 of the Maine State Housing Authority's rules, the
				Home Energy Assistance Program Rule.
F. "Household" means any individual or group
				of individuals who are living together as one economic unit for whom
				residential energy is customarily purchased in common.
G. "MSHA" means the Maine State Housing
				Authority.
H. "Program Year" means
				the period of time beginning October 1 and ending September 30.
I. "Rental Unit" means a unit in any
				multi-family residential rental structure.
J. "State" means the State of
				Maine.
K. "State Funds" means funds
				appropriated by the State Legislature to MSHA to supplement Federal
				LIHEAP.
L. "State LIHEAP Funds"
				means funds administered under this rule.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 32 - STATE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM RULE › Section 346-32-2 - State Funds

Current through 2024-29, July 17, 2024
A.
Eligibility
. A Household is eligible for a State Funds benefit if
				it receives a Federal LIHEAP benefit greater than $5.00 in the current Program
				Year and meets any additional restrictions imposed by law.
B.
Allocation of State Funds Among
				Eligible Households
. MSHA shall allocate the State Funds among the
				Households eligible for State Funds according to the point system set forth in
				Section 5.A. of the Federal Funds LIHEAP Rule.
C.
Use
. State Funds may be used
				in a manner consistent with the Federal LIHEAP Act and applicable
				law.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 32 - STATE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM RULE › Section 346-32-3 - Donated Resources

Current through 2024-29, July 17, 2024
A.
Eligibility
. Eligibility of a Household or an entity for Donated
				Resources shall be determined in a manner consistent with the terms of the
				Donated Resources and the Act.
B.
Allocation of Donated Resources
. MSHA shall allocate Donated
				Resources among Households and entities eligible for the Donated Resources in a
				manner consistent with the terms of the Donated Resources and the
				Act.
C.
Use
. Donated
				Resources may be used in a manner consistent with the terms of the Donated
				Resources and the Act.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 32 - STATE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM RULE › Section 346-32-4 - Disbursement of State LIHEAP Funds

Current through 2024-29, July 17, 2024
MSHA will disburse the State LIHEAP funds benefiting
				  Households in the manner MSHA disburses Federal LIHEAP benefits.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 32 - STATE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM RULE › Section 346-32-5 - Additional Provisions

Current through 2024-29, July 17, 2024
A.
Other
				Laws
. If this rule conflicts with any provision of applicable federal or
				State law, including without limitation the Act, such federal or State law
				shall control.
B.
Additional
				Requirements
. This rule does not preclude such additional or alternative
				requirements as may be necessary to comply with the Act.
C.
Pool of Eligible Households
.
				This rule establishes a pool of eligible applicants but does not preclude
				additional reasonable criteria and does not confer any automatic right or
				entitlement on any person or entity eligible hereunder.
D.
Availability of Funds
.
				Assistance provided pursuant to this rule is conditioned on the availability of
				State LIHEAP funds.
E.
Waivers
. Upon determination for good cause, the Director of MSHA
				or the Director's designee may, subject to statutory limitations, waive any
				provision of this rule. Each waiver shall be in writing and shall be supported
				by documentation of the pertinent facts and grounds for the waiver.
F.
Final Action
. The Director of
				MSHA, individually or by exercise of the delegation powers contained in the
				Act, shall make all decisions and take all action necessary to implement this
				rule. Such action of the Director shall constitute final agency action.
FISCAL IMPACT NOTE:
The rule will not impose any
				  cost on municipalities or counties for implementation or compliance.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 33 - ACCESSABLE HOME TAX CREDIT RULE › Section 346-33-1 - Definitions

Current through 2024-29, July 17, 2024
The following terms shall have the following meanings:
a. "Director" means the director of
				MaineHousing.
b. "Homestead" means
				a dwelling owned or rented by the Taxpayer or held in a revocable living trust
				for the benefit of the Taxpayer and occupied by the Taxpayer and the Taxpayer's
				dependents as a home as further defined in Title
				36 MRSA
				Section5219-II or any successor
				statute.
c. "MaineHousing" means
				the Maine State Housing Authority.
d. "Tax Credit" means the credit allowed
				against a Taxpayer's income taxes for Homestead modifications pursuant to Title
				 36 MRSA
				Section5219-PP or any successor
				statute.
e. "Taxpayer" means the
				individual who pays for the modifications to their existing Homestead to make
				all or a portion of it accessible to an individual with a disability or
				physical hardship who resides or will reside in the Homestead.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 33 - ACCESSABLE HOME TAX CREDIT RULE › Section 346-33-2 - Types of Modifications Eligible for Tax Credit

Current through 2024-29, July 17, 2024
Expenses for the following types of modifications are
				  eligible for the Tax Credit:
a.
				Changes to flooring to mitigate tripping hazards
b. Moving control items such as light
				switches to within reach ranges
c.
				Adjustments to exterior site walking surfaces including any necessary
				grading
d. Creation of an accessible
				parking space
e. Installation of
				access ramps
f. Widening of existing
				doorways for ease of access
g.
				Installation of accessible door hardware
h. Installation or adjustment of storage
				shelving and closet rods to within reach ranges
i. Installation of accessible toilet,
				bathroom sink, or kitchen sink plumbing fixtures
j. Installation of bathroom mirrors or
				medicine cabinets within lines of sight or reach ranges
k. Installation of grab bars at plumbing
				fixtures
l. Installation of roll-in
				showers
m. Installation of transfer
				seats in showers
n. Installation of
				tub seats
o. Installation or height
				adjustment of work counters in kitchens
p. Installation of front-controlled cooking
				appliances
q. Installation of alarm
				devices or doorbells for the hearing or visually impaired
r. Installation of lifts
s.  Other modifications reasonably necessary
				to make the Homestead accessible to an individual with a disability or physical
				hardship who resides or will reside in the Homestead.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 33 - ACCESSABLE HOME TAX CREDIT RULE › Section 346-33-3 - Applicable Standards

Current through 2024-29, July 17, 2024
To qualify for credit, the Taxpayer must demonstrate the work
				  meets the following standards:
a.
				Suitability for the individual with a disability or physical hardship who
				resides or will reside in the Homestead
b. General consistency with American National
				Standards Institute (ANSI) ICC A117.1-2009 standards
c. Compliance with applicable building
				codes
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 33 - ACCESSABLE HOME TAX CREDIT RULE › Section 346-33-4 - Certification Process

Current through 2024-29, July 17, 2024
a. To qualify for
				credit a taxpayer must request certification from MaineHousing. A taxpayer must
				claim the credit in the year in which the certification is issued.
b. Taxpayer's request for certification must
				include the following:
i. Detailed
				description of the modifications made
ii. Copy of itemized invoice from contractor
				who completed the work or copy itemized invoice of materials used to complete
				job if completed by the taxpayer
iii.
				 Copy of construction contract, if any
iv. Photograph of work completed
v.  Before photograph, if available
vi. Taxpayer's representation that:
1. the modifications are to make all or a
				portion of their Homestead accessible to an individual with a disability or
				physical hardship who resides or will reside in the Homestead; and
2. the modifications were completed in
				accordance with the applicable standards set forth in Section
				3 of this rule.
vii. If Taxpayer hired a contractor to
				complete the modifications, the contractor's certification that the
				modifications were completed in accordance with applicable local
				codes
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 33 - ACCESSABLE HOME TAX CREDIT RULE › Section 346-33-5 - Inspections

Current through 2024-29, July 17, 2024
MaineHousing shall have the right to inspect the work upon
				  reasonable notice to confirm that the work complies with this rule and
				  36 MRSA
				  Section5219-PP or any successor statute.
				  MaineHousing will inspect sites both randomly and as it deems
				  warranted.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 33 - ACCESSABLE HOME TAX CREDIT RULE › Section 346-33-6 - Appeal Process

Current through 2024-29, July 17, 2024
A Taxpayer may appeal MaineHousing's determination to
				  MaineHousing's Director within 21 days of the date of the notice from
				  MaineHousing. The appeal must be in writing. The Taxpayer may submit additional
				  information not previously provided to MaineHousing with the appeal if the
				  Taxpayer believes the information is relevant to MaineHousing's determination.
				  MaineHousing's Director will respond within 21 days with a written decision on
				  the appeal. A decision by MaineHousing's Director pursuant to this appeal
				  process constitutes final agency action.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 33 - ACCESSABLE HOME TAX CREDIT RULE › Section 346-33-7 - Rule Limitations

Current through 2024-29, July 17, 2024
a.
Other
				Laws
. If this rule conflicts with any provision of applicable federal or
				state law, such federal or state law shall control.
b.
Waivers
. Upon determination
				for good cause, the Director of MaineHousing, or the Director's designee, may,
				subject to statutory limitations, waive any provision of this rule. Each waiver
				shall be in writing and shall be supported by documentation of the pertinent
				facts and grounds for the waiver.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 34 - PRESERVATION AND RELOCATION RULE › Section 346-34-1 - Definitions

Current through 2024-29, July 17, 2024
The following terms shall have the following meanings:
a. "Actual Reasonable Moving and Related
				Expenses" may include reasonable and necessary costs for transportation for the
				Tenant; packing, moving, and unpacking the Tenant's household goods;
				disconnecting and reconnecting household appliances and other personal
				property; storage of household goods; insurance for the replacement value of
				Tenant's property during the move and any necessary storage; and the
				replacement value of property lost, stolen or damaged in the move (not through
				the Tenant's neglect) if insurance is not readily available.
b. "Comparable Unit" means a unit that is
				decent, safe, and sanitary; functionally equivalent and equal to or better than
				a Tenant's current unit; adequate in size to accommodate the occupants;
				reasonably accessible to the Tenant's place of employment; generally as well
				located with respect to public and commercial facilities, such as schools and
				shopping; not subject to unreasonable adverse environmental conditions; and
				affordable to the Tenant.
c.
				"Current Appraised Value" means the value of a Low-income Rental Housing
				Project determined in accordance with Section 7.
d. "Director" means the Director of Maine
				Housing.
e. "Low-income or
				Moderate-income" means gross income which does not exceed 80% of the area
				median income as determined by the U.S. Department of Housing and Urban
				Development.
f. "Low-income Rental
				Housing Project" means residential housing projects in which any of the units
				are subject to federal or state income eligibility restrictions and the rents
				within the projects are controlled, regulated or assisted by a federal or state
				agency pursuant to a regulatory or rental assistance agreement.
g. "Maine Housing" means the Maine State
				Housing Authority.
h. "Nonprofit
				Organization" means an entity that is exempt from state and federal taxation
				and has affordable housing as one of its purposes.
i. "Notice" means a written statement in
				plain easy to read format provided by hand-delivery or certified mail, return
				receipt requested.
j. "Tenant" or
				"Tenants" means the household living in a rental unit with financial assistance
				either in the form of rental assistance or rent restrictions, designed to make
				a rental unit affordable to Low-income or Moderate-income people.
k. "Uniform Relocation Act" means the Uniform
				Relocation Assistance and Real Property Acquisition Policies for Federal and
				Federally Assisted Programs, 42 USC Chapter 61.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 34 - PRESERVATION AND RELOCATION RULE › Section 346-34-2 - Applicability

Current through 2024-29, July 17, 2024
This rule applies to owners of Low-income Rental Housing
				  Projects who intend to take an action that would terminate rental assistance or
				  rental restrictions, including but not limited to, prepayment of a loan, sale
				  of the Low-income Rental Housing Project, or election to discontinue housing
				  assistance payments. This rule does not apply when rental assistance or rental
				  restrictions expire.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 34 - PRESERVATION AND RELOCATION RULE › Section 346-34-3 - Notice

Current through 2024-29, July 17, 2024
The owner of a Low-income Rental Housing Project who intends
				  to take such action, must provide Notice to the Tenants of the project, Maine
				  Housing, and the municipal housing authority, if any, for the municipality in
				  which the project is located at least 90 days prior to entering into a contract
				  for sale of the Low-income Rental Housing Project or taking any other action
				  which will terminate rental assistance or affordability restrictions.
a. The Notice to the Tenant must include the
				following:
i. a statement of the action the
				owner intends to take;
ii. the
				anticipated date of the action;
iii. the impact on Tenant and the timing of
				the impact;
iv. whether
				governmental assistance is available to the Tenant, in what form, and how
				Tenants may obtain the assistance;
v. the name and telephone number of the
				municipality; the municipal housing authority, if any; and a legal services
				organization that can be contacted to request additional information about an
				owner's responsibilities and the rights and options of the Tenant;
vi. whether the Tenants will be allowed to
				remain in their units at the same rent for 6 months following the loss of
				rental assistance or affordability restrictions; and
vii. whether the Tenant is eligible for
				relocation assistance as set forth below.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 34 - PRESERVATION AND RELOCATION RULE › Section 346-34-4 - Update of Notice

Current through 2024-29, July 17, 2024
The owner will notify the Tenants, Maine Housing, and the
				  municipal housing authority, if any, within seven business days of a change in
				  any of the items addressed in the Tenant's Notice.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 34 - PRESERVATION AND RELOCATION RULE › Section 346-34-5 - Right of First Refusal

Current through 2024-29, July 17, 2024
Maine Housing has a right of first refusal to purchase the
				  Low-income Rental Housing Project at its Current Appraised Value throughout the
				  90-day period.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 34 - PRESERVATION AND RELOCATION RULE › Section 346-34-6 - Extension of Right of First Refusal

Current through 2024-29, July 17, 2024
.Maine Housing may extend the 90-day period by giving written
				  notice to the owner within the 90-day period that Maine Housing intends to
				  pursue the right of first refusal. The extension runs until 90days after the
				  Current Appraised Value is finally determined as outlined
				  below.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 34 - PRESERVATION AND RELOCATION RULE › Section 346-34-7 - Current Appraised Value

Current through 2024-29, July 17, 2024
The Current Appraised Value of the Low-income Rental Housing
				  Project is based on the value of the property based on its continued use as a
				  Low-income Rental Housing Project as determined by an appraiser for Maine
				  Housing and an appraiser for the owner. Both appraisers must be independent
				  appraisers who are Certified General Real Property Appraisers licensed by the
				  Maine Board of Real Estate Appraisers and have at least five (5) years of
				  experience valuing income and rent restricted multifamily properties. Each
				  party will pay for the cost of the appraiser selected by the party. If the
				  difference between the two appraisals is within 10% of the lower of the two
				  appraisals, the Current Appraised Value will be the average of the two
				  appraisals. If the difference between the two appraisals is greater than 10% of
				  the lower of the two appraisals, then the two appraisers will jointly select a
				  third appraiser. If the two appraisers are unable jointly to select a third
				  appraiser, either Maine Housing or the owner may, upon written notice to the
				  other, request that the appointment be made by the American Arbitration
				  Association or its designee. Maine Housing and the owner will share equally the
				  cost of the third appraiser. The third appraiser will do its appraisal without
				  reviewing the other appraisals. If the third appraisal is less than either of
				  the first two appraisals, then the Current Appraised Value will be the average
				  of the two lowest appraisals. If the third appraisal is greater than the first
				  two appraisals, then the Current Appraised Value will be the average of the two
				  highest appraisals. If the third appraisal falls between the previous two
				  appraisals, the Current Appraised Value will be the value established by the
				  third appraisal.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 34 - PRESERVATION AND RELOCATION RULE › Section 346-34-8 - Termination of Right of First Refusal

Current through 2024-29, July 17, 2024
.If a bona fide purchaser enters into a contract with the
				  owner to purchase the Low-income Rental Housing Project and to maintain the
				  income and rent restrictions on the property for 30 additional years, Maine
				  Housing's right of first refusal terminates. If the property is not sold to the
				  bona fide purchaser with the income and rent restrictions maintained on the
				  property for 30 additional years, Maine Housing's 90 day right of first refusal
				  begins anew.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 34 - PRESERVATION AND RELOCATION RULE › Section 346-34-9 - Six Month Stay or Relocation for Tenants

Current through 2024-29, July 17, 2024
The owner and any purchaser must allow the current Tenants to
				  remain in the units for 6 months from the loss of rental assistance or
				  affordability restrictions, or the owner may relocate the Tenants to Comparable
				  Units with comparable rents as set forth below. This section does not prevent
				  termination of a tenancy for good cause in accordance with applicable state law
				  nor abrogate a Tenant's right to stay longer under a current lease or other
				  document or law.
If the owner opts to provide relocation assistance, the
				  relocation assistance will be provided as follows:
a. If the Tenant's income is at or below 80%
				of area median income, the owner must do the following:
(i) prior to sending the 90-day Notice,
				contact the person to be displaced to explain the benefits, ascertain needs,
				and offer transportation for up to 3 available Comparable Units and
(ii) pay the greater of the Tenant's Actual
				Reasonable Moving and Related Expenses or a one-time payment equal to the
				current fixed residential moving cost schedule established by the Federal
				Highway Administration or its successor agency pursuant to the Uniform
				Relocation Act.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 34 - PRESERVATION AND RELOCATION RULE › Section 346-34-10 - Rule Limitations

Current through 2024-29, July 17, 2024
a.
Other
				Laws
. If this rule conflicts with any provision of applicable federal or
				state law, such federal or state law shall control.
b.
Waivers
. Upon determination
				for good cause, the Director of Maine Housing, or the Director's designee, may,
				subject to statutory limitations, waive any provision of this rule. Each waiver
				shall be in writing and shall be supported by documentation of the pertinent
				facts and grounds for the waiver.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 35 - STATE LOW INCOME HOUSING TAX CREDIT RULE › Section 346-35-1 - Definitions

Current through 2024-29, July 17, 2024
The following terms shall have the following
				  meanings:
a. "Affordable Housing
				Project" means a qualified low-income housing project, as defined by Section
				42(g) of the Code.
b. "Allocation
				of Credit Certification" means a certification that a project is allowed the
				State Low Income Housing Tax Credit and includes information required by the
				State of Maine Department of Administrative and Financial Services, Bureau of
				Revenue Services.
c. "Area Median
				Gross Income" has the same meaning as in Section 42 of the Code, as adjusted
				for family size.
d. "Code" means
				the United State Internal Revenue Code of 1986, as amended.
e. "Compliance Period" means
i. For a Qualified Maine Project, the period
				beginning on the date the first building of the project is placed in service
				and ending on the date that is 15 years after the last building in the project
				is placed in service; and
ii. For a
				Qualified Rural Development Preservation Project, the period beginning on the
				date the rehabilitation of the first building of the project receives a
				certificate of occupancy, if required, or the date of Rural Development's
				notice of final inspection of the building and ending on the date that is 15
				years from the date the last building of the project receives a certificate of
				occupancy, if required, or the date of Rural Development's notice of final
				inspection of the building.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 35 - STATE LOW INCOME HOUSING TAX CREDIT RULE › Section 346-35-2 - Set Asides

Current through 2024-29, July 17, 2024
a. Eighty percent of
				the State Credit available to be allocated in any calendar year, including any
				State Credit that has been carried forward or returned, is set aside for
				Qualified Maine Projects that use the Federal Low-Income Housing Tax Credit in
				conjunction with tax-exempt bonds issued by MaineHousing.
b. Ten percent of the State Credit first
				available to be allocated in any calendar year is set aside for Qualified Rural
				Development Preservation Projects, and if not allocated in that calendar year
				must be carried forward and be available to be allocated in subsequent calendar
				years for Qualified Rural Development Preservation Projects.
Upon January 1, 2029, any amount previously set aside under
				  this section 2. b. and not previously allocated to a Qualified Rural
				  Development Preservation Project is released from the set aside and need not be
				  allocated to a Qualified Rural Development Preservation
				  Project.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 35 - STATE LOW INCOME HOUSING TAX CREDIT RULE › Section 346-35-3 - Priorities

Current through 2024-29, July 17, 2024
a. In reserving and allocating the State
				Credit for Qualified Maine Projects, MaineHousing will prioritize:
i. use of the State Credit in Qualified
				Census Tracts and Difficult Development Areas;
ii. efficient use of MaineHousing resources
				including without limitation the Federal Low-Income Housing Tax Credit, the
				State Credit, and 0% deferred financing resources to maximize the number of new
				residential units created;
iii.
				project readiness including approvals and financing in place;
iv. over time, 30% of the cumulative State
				Credit for Qualified Maine Projects Credits allocated to Senior Housing and 20%
				of the cumulative State Credit for Qualified Maine Projects allocated to Rural
				Areas; and
v. projects with an
				occupancy preference for persons who qualify for Supportive Housing in the
				greater of 4 units or 20% of the total number of units.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 35 - STATE LOW INCOME HOUSING TAX CREDIT RULE › Section 346-35-4 - Notice of Reservation of Credit

Current through 2024-29, July 17, 2024
a. MaineHousing
				will issue a notice of reservation of State Credit for Qualified Maine Projects
				as follows:
i. the notice of reservation will
				be issued at the same time as the Notice to Proceed described in the
				Qualification Allocation Plan;
ii.
				the notice of reservation will remain in effect as long as the Notice to
				Proceed remains in effect; and
iii.
				the notice of reservation may include State Credit to be allocated in future
				years.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 35 - STATE LOW INCOME HOUSING TAX CREDIT RULE › Section 346-35-5 - Allocation of Credit

Current through 2024-29, July 17, 2024
a. MaineHousing
				will issue an Allocation of Credit Certification for a Qualified Maine Project
				after:
i. MaineHousing issues a Form 8609 for
				the Federal Low Income Housing Tax Credit; and
ii. A restrictive covenant meeting the
				requirements of the State Low Income Housing Tax Credit Law and this rule is
				executed by the Owner and MaineHousing and recorded in the appropriate registry
				of deeds.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 35 - STATE LOW INCOME HOUSING TAX CREDIT RULE › Section 346-35-6 - Recapture

Current through 2024-29, July 17, 2024
a. MaineHousing may recapture State Credit in
				accordance with this section if any one or more of the following occurs:
i. For a Qualified Maine Project, failure to
				comply with any one or more of the following as determined in accordance with
				Section 42(g) of the Code;
1. The applicable
				income limitation on any of the Credit Units;
2. The next available unit rule; or
3. The rent restriction on any of the Credit
				Units
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 35 - STATE LOW INCOME HOUSING TAX CREDIT RULE › Section 346-35-7 - General

Current through 2024-29, July 17, 2024
a. MaineHousing may publish program guides
				for the allocation of the State Credit in accordance with the State Low Income
				Housing Tax Credit Law and this rule.
b. MaineHousing will track annual allocations
				and provide information required by the State of Maine Department of
				Administrative and Financial Services, Bureau of Revenue Services to determine
				eligibility and amount of credit allocated each calendar year.
c. MaineHousing will charge a reasonable fee
				for each State Credit project to defray its increased costs due to the State
				Credit.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 35 - STATE LOW INCOME HOUSING TAX CREDIT RULE › Section 346-35-8 - Rule Limitations

Current through 2024-29, July 17, 2024
a. Other Laws. If
				this rule conflicts with any provision of applicable federal or state law, such
				federal or state law shall control.
b. Waivers. Upon determination for good
				cause, the Director of MaineHousing, or the Director's designee, may, subject
				to statutory limitations, waive any provision of this rule. Each waiver shall
				be in writing and shall be supported by documentation of the pertinent facts
				and grounds for the waiver.
c. Full
				Discretion. MaineHousing is entitled to the full discretion allowed by law in
				making all decisions and interpretations under this rule.
d. Final Agency Action. The Director of
				MaineHousing, individually or by exercise of the delegation of powers contained
				in the Act, shall make all decisions and take all action necessary to implement
				this rule. Such action of the Director shall constitute final agency
				action.
e. Freedom of Access Act.
				MaineHousing is subject to the Freedom of Access Act,
				1 M.R.S.A.
				§401
et seq.
, which
				requires the disclosure of all information provided to MaineHousing that is not
				specifically excluded, such as confidential information under the Act.
				MaineHousing shall not be liable for the disclosure of any information that it
				determines must be disclosed under the Freedom of Access Act.
f. Liability. Compliance with State Low
				Income Housing Tax Credit Law is the responsibility of the Owner. MaineHousing
				is in no way responsible for an Owner's compliance or liable for an Owner's
				noncompliance. Any allocation, review or inspection by MaineHousing and any
				determination made by MaineHousing pursuant to this rule is for the sole
				benefit of MaineHousing. No liability or responsibility for Owner compliance
				with applicable requirements and no representation or warranty of a project's
				feasibility or viability, eligibility for State Credit, or compliance shall be
				implied or construed from any such actions and determinations by
				MaineHousing.
g. Headings/Context.
				The headings in this rule are for convenience only and do not define or limit
				the scope of the provisions of this rule.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 420 - MAINE TURNPIKE AUTHORITY › Chapter 1 - RULES GOVERNING THE USE OF THE MAINE TURNPIKE › Section 420-1-1A - Lane Restrictions

Current through 2024-29, July 17, 2024
In order to improve the air quality in southern Maine,
				  trucks, including truck tractors but excluding pickup trucks, all as defined in
				  29-A M.R.S.A. §
									101, may only operate in the two
				  farthest right hand lanes on any section of the Turnpike south of Mile Marker
				  44 that consists of three lanes in each direction.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 420 - MAINE TURNPIKE AUTHORITY › Chapter 1 - RULES GOVERNING THE USE OF THE MAINE TURNPIKE › Section 420-1-2 - One Way Traffic

Current through 2024-29, July 17, 2024
All traffic shall travel the dual or triple lanes to the
				  right of the median strip; travel to the left of the median strip is
				  prohibited. All traffic lanes, deceleration lanes, acceleration lanes,
				  shoulders, and other travel ways on the Turnpike are one-way, and all motor
				  vehicles leaving the traffic lanes, to a Toll Plaza or service station, shall
				  leave from the right hand traffic lane to the deceleration lane to the right
				  thereof, and follow the same one-way to such Toll Plaza or service station, and
				  upon leaving a service station or entering the Turnpike from a Toll Plaza shall
				  do so by way of the acceleration lane and shall enter the right traffic lane
				  with care.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 420 - MAINE TURNPIKE AUTHORITY › Chapter 1 - RULES GOVERNING THE USE OF THE MAINE TURNPIKE › Section 420-1-4 - Median Strip

Current through 2024-29, July 17, 2024
The median strip is the area between the dual or triple
				  traffic lanes for the purpose of separating traffic proceeding in opposite
				  directions.
Crossing, driving, parking or stopping on the median strip
				  is prohibited. Openings through the median strip are provided for official use
				  of maintenance, operational, police vehicles, or fire and rescue vehicles when
				  responding to an incident, and shall not be used by the
				  public.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 420 - MAINE TURNPIKE AUTHORITY › Chapter 1 - RULES GOVERNING THE USE OF THE MAINE TURNPIKE › Section 420-1-6 - Pedestrians

Current through 2024-29, July 17, 2024
Pedestrians are not permitted on the Turnpike, on any
				  Interchange or at any Toll Plaza. Solicitation of any kind, including but not
				  limited to solicitation of rides, signatures or donations, passing of hand
				  bills, displaying of signs, and attempts to sell merchandise are prohibited on
				  Authority property. The prohibitions on displaying of signs and attempts to
				  sell merchandise do not extend to commercial vendors authorized by the Maine
				  Turnpike Authority to provide goods and services at service plazas. Loitering
				  on any Authority property is prohibited.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 420 - MAINE TURNPIKE AUTHORITY › Chapter 1 - RULES GOVERNING THE USE OF THE MAINE TURNPIKE › Section 420-1-7 - Prohibited Vehicles

Current through 2024-29, July 17, 2024
No person shall operate any of the following on the
				  Turnpike:
A. Bicycles or tricycles,
				with or without motors, and motor driven cycles, including motor
				scooters.
B. Animal drawn
				vehicles.
C. Animals - led, ridden,
				or driven.
D. Vehicles loaded with
				animals or poultry not properly confined.
E. Vehicles with flat pneumatic
				tires.
F. Farm
				implements.
G. Vehicles in the
				charge of intoxicated or otherwise impaired operators.
H. Vehicles with improperly secured loads
				which may shift or litter the highway.
I. Vehicles with metal tires or which have
				solid tires worn to metal.
J.
				Rollers, graders, power shovels, or other construction equipment, either
				self-propelled or in tow of another vehicle, unless such equipment is either
				(i) truck mounted and such truck can be operated at a minimum speed of
				forty-five (45) miles per hour while traveling on the Turnpike, weather and
				road conditions permitting, or (ii) owned or controlled by the Authority or by
				any contractor in connection with the performance of work authorized by the
				Authority.
K. Vehicles exceeding
				the maximum weights allowed on State highways under the motor vehicles laws of
				the State of Maine in effect from time to time, unless accompanied by an
				overweight permit issued by the State of Maine Department of
				Transportation.
L. Vehicles
				including any load thereon exceeding the following maximum dimensions, unless
				permitted pursuant to Rule
				10 of the
Rules Governing Use
				of the Maine Turnpike
:
Height
13 feet 6 inches
Width
8 feet 6 inches
Length
The maximum allowable lengths permitted on
							 Interstate highways and other limited access roadways in Maine pursuant to the
							 motor vehicle laws of the State of Maine, as in effect from time to time,
							 without overlength permit.
M.
				Disabled vehicles in tow by tow-rope or chain.
N. Any vehicle which may be unsafe or
				hazardous to persons or property, except as permits for the transportation of
				radioactive material may be issued in accordance with the provisions contained
				in Section
				11.
O. Any vehicle whose use is banned on similar
				interstate highways in Maine under state or federal law or regulation, whether
				because of the controlled access nature of the highway, the speed limit of the
				highway, or any other factor.
P.
				Any class of vehicle which may be prohibited by resolution of the Authority
				from time to time due to a finding by the Authority that said class of vehicle
				presents a safety hazard, is liable to cause unwarranted damage to the highway
				or otherwise interferes with the operation of the Maine Turnpike.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 420 - MAINE TURNPIKE AUTHORITY › Chapter 1 - RULES GOVERNING THE USE OF THE MAINE TURNPIKE › Section 420-1-8 - Evasion of Fare

Current through 2024-29, July 17, 2024
Entering or leaving the Turnpike or any part of its right of
				  way except through the regular Toll Plaza lanes, or committing any act with
				  intent to defraud or evade payment of fare is prohibited.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 420 - MAINE TURNPIKE AUTHORITY › Chapter 1 - RULES GOVERNING THE USE OF THE MAINE TURNPIKE › Section 420-1-9 - Trees, Shrubs and Plants

Current through 2024-29, July 17, 2024
Cutting, mutilating or removing trees, shrubs, or plants
				  located within the Turnpike right of way is prohibited, except where
				  specifically authorized by the Authority in writing.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 420 - MAINE TURNPIKE AUTHORITY › Chapter 1 - RULES GOVERNING THE USE OF THE MAINE TURNPIKE › Section 420-1-11 - Permits for the Transportation of Radioactive Material

Current through 2024-29, July 17, 2024
Permits for the transportation of radioactive material will
				  be issued by the Executive Director, the Secretary-Treasurer or their
				  authorized representatives, on the following terms and conditions:
A. Permits for a single trip only will be
				issued pursuant to applications submitted to the Authority not later three (3)
				days prior to the date of the proposed shipment on the Turnpike. Such
				application shall be submitted on forms provided by the Authority. In addition
				to the applicable fare in the regular Fare Schedule, a permit fee of ten
				($10.00) dollars shall be paid at the time of such application.
B. Each such shipment shall conform in all
				respects to all applicable laws, rules, and regulations, including but not
				limited to applicable regulations of the Nuclear Regulatory Commission, the
				U.S. Department of Transportation and the Interstate Commerce Commission, and
				the Authority reserves the right to require evidence of such
				compliance.
C. Such shipments shall
				be in compliance with all other applicable provisions of these
Rules
				Governing Use of the Maine Turnpike
. The Authority reserves the right
				to limit the validity of any permit with respect to speed, times of travel,
				weather, travel or other conditions affecting the safe transit on the Turnpike
				of such materials.
D. For purposes
				of this rule and Paragraph N of Rule
				7 of these
Rules Governing the
				Use of the Maine Turnpike
, the term "radioactive material" is defined
				as fissile radioactive material which, under the applicable regulations of the
				U.S. Department of Transportation, when transported on a public highway must be
				labeled by placards on each load of such material.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 420 - MAINE TURNPIKE AUTHORITY › Chapter 1 - RULES GOVERNING THE USE OF THE MAINE TURNPIKE › Section 420-1-12 - Payroll Information

Current through 2024-29, July 17, 2024
Records filed with the Maine Turnpike Authority pursuant to
				  26 M.R.S.A. §
									1311 are public records pursuant to
				  the
Maine Freedom of Access Act
and shall be made available if
				  requested pursuant thereto, except that Social Security numbers and taxpayer
				  identification numbers contained in those records will be treated as
				  confidential and shall not be disclosed.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 420 - MAINE TURNPIKE AUTHORITY › Chapter 1 - RULES GOVERNING THE USE OF THE MAINE TURNPIKE › Section 420-1-13 - State Laws

Current through 2024-29, July 17, 2024
All laws, rules and regulations in the State of Maine
				  pertaining to the use of public highways and policing thereof shall apply to
				  the Turnpike, except insofar as they may be supplemented by these
Rules
				  Governing the Use of the Maine Turnpike
.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 420 - MAINE TURNPIKE AUTHORITY › Chapter 1 - RULES GOVERNING THE USE OF THE MAINE TURNPIKE › Section 420-1-14 - Penalties

Current through 2024-29, July 17, 2024
In accordance with 23 M.R.S.A. §
									1980, any violation of these rules
				  shall constitute a traffic infraction, except that operation of a motor vehicle
				  which exceeds, by 30 miles an hour or more, the speed fixed by the Authority,
				  and failure to pay tolls, fares or charges for use of the Turnpike shall
				  constitute Class E crimes.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 420 - MAINE TURNPIKE AUTHORITY › Chapter 2 - REGULATIONS FOR THE INSTALLATION OF LOGO SIGNS ON THE MAINE TURNPIKE › Section 420-2-1 - General Requirements

Current through 2024-29, July 17, 2024
1. The use of logo
				signs shall be limited to areas primarily rural in character and to areas where
				adequate sign spacing can be maintained.
2. Logo signs for lodging, camping, and
				attractions may be installed at interchanges on the Maine Turnpike that are
				rural in character. Applications from at least two qualified services must be
				approved before installation of a logo sign assembly at an interchange which is
				rural in character.
3. Logo signs
				may be installed at a Maine Turnpike interchange that is rural in character,
				and that connects to a non-Maine Turnpike Interstate system if subsequent
				interchanges on that non-Maine Turnpike system have additional signing
				directing motorists to the applicable services.
The Maine Turnpike Authority may allow the MaineDOT or New
				  Hampshire DOT to install logo signs on the Maine Turnpike if in the Authority's
				  judgment installation of the logo sign is reasonably necessary to inform the
				  travelling public of services available on an interchange located beyond the
				  northern and southern limits of the Maine Turnpike. Said logo signs will only
				  be allowed if, in the Authority's judgment, there is adequate space available
				  for the signs and the signs will not interfere with the Authority's current or
				  future operations. Said signs will be consistent with all provisions of this
				  rule, including physical specifications and destination qualifications, except
				  for the following:
(a) said logo signs
				will be installed and maintained by the applicable state agency at that
				agency's expense pursuant to a revocable license granted by the Authority; and
(b) said logo signs will be
				allowed for destinations offering food and gas if room is available and said
				destinations qualify for a logo sign under the rules of the applicable state
				agency.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 420 - MAINE TURNPIKE AUTHORITY › Chapter 2 - REGULATIONS FOR THE INSTALLATION OF LOGO SIGNS ON THE MAINE TURNPIKE › Section 420-2-2 - Definitions

Current through 2024-29, July 17, 2024
1.
Authority
. "Authority" means
				the Maine Turnpike Authority.
2.
Maine Turnpike
. "Maine Turnpike" means Interstate 95 from Kittery
				to Augusta under the jurisdiction of the Authority which is part of the
				interstate system as described in the
United States Code
,
				Title 23, section 103(e), as amended.
3.
Logo sign.
"Logo sign" means
				a sign provided by a service to identify the service's trademark and/or name
				for facilities which provide lodging, camping or attractions.
4.
Logo sign assembly
. "Logo
				sign assembly " is either the mainline sign assembly or the ramp sign
				assembly.
5.
Mainline sign
				assembly
. "Mainline sign assembly" means the base unit of a sign to
				which logo signs are attached and which is erected along the Maine Turnpike in
				advance of an exit to direct motorists to a particular service.
6.
Ramp sign assembly
. "Ramp
				sign assembly" means the base unit of a sign to which logos are attached and
				which are erected along an off-ramp to direct motorists to a particular
				service.
7.
Rural in
				Character .
For the purposes of this logo rule only, "rural in Character
				" interchanges include all interchanges that provide full access to the Maine
				Turnpike, but specifically excludes , exits 45, 47, 52, 102 and 103 which do
				not qualify.
8.
Attraction.
A cultural, historical, natural or major recreational
				site, or a leisure/ recreational activity destination.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 420 - MAINE TURNPIKE AUTHORITY › Chapter 2 - REGULATIONS FOR THE INSTALLATION OF LOGO SIGNS ON THE MAINE TURNPIKE › Section 420-2-3 - Service Requirements

Current through 2024-29, July 17, 2024
The following services shall be available on site.
1.
LODGING
Eligible lodging services such as hotels, inns, motels,
				  cabins, or bed and breakfasts shall:
A. Be licensed by the applicable state or
				local agency;
B. Provide adequate
				sleeping accommodations
C. Provide
				modern sanitary facilities;
D. Have
				adequate off-street parking for customers.
E. Be available 7 days a week.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 420 - MAINE TURNPIKE AUTHORITY › Chapter 2 - REGULATIONS FOR THE INSTALLATION OF LOGO SIGNS ON THE MAINE TURNPIKE › Section 420-2-4 - Distance to Services

Current through 2024-29, July 17, 2024
1. The maximum
				distance services shall be located from the end of an off-ramp to qualify for
				logo signing shall be 3 miles for camping and lodging. , In the event that no
				lodging or camping services are available within this distance, the Authority
				may in its sole discretion extend the distance in 3 mile increments up to 15
				miles until an eligible service is located. See the table in section
				3 for maximum distances to attractions.
				Any camping, lodging, and attraction not located on the connecting public
				highway shall be required to install additional signing to direct motorists to
				these services. This may include logo signs installed on Maine Department of
				Transportation (Maine DOT) maintained public highways. All signs shall be
				installed at no cost to the Authority.
2. The distance to lodging, camping, and
				attraction services shall be measured by computing the travel length from the
				terminal of an exit ramp to the nearest point along the public highway where
				the nearest existing driveway entrance to the service is reached. Driveway
				length and width shall not be considered when making such distance
				computations.