reglab/statecodes huggingface dataset:
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 376 - MAINE MUNICIPAL BOND BANK › Chapter 1 - APPLICATION PROCEDURES FOR LOANS TO GOVERNMENT FOR PUBLIC IMPROVEMENTS AND FOR OTHER PUBLIC PURPOSES › Section 376-1-3 - BOND COUNSEL

Current through 2024-29, July 17, 2024
A. The attorney or
				firm of attorneys whose opinion approving municipal bonds is offered to the
				Bank is any attorney or firm of attorneys whose opinion on such municipal bonds
				or bonds of a similar type and tenor is readily acceptable in the financial
				markets in the State of Maine, New England or the United States of
				America.
B. The particular attorney
				or firm of attorneys shall have rendered opinions on municipal bonds of the
				same type and tenor as the municipal bonds of the Governmental Unit (as defined
				in the General Bond Resolution) which the Bank is purchasing and for which the
				opinion of such attorney or firm of attorneys is offered.
C. At least two commercial banks in the State
				of Maine, with a capital and surplus of at least $3,000,000 who regularly
				purchase municipal bonds from governmental units have stated in writing in a
				letter signed by the chief investment officer that as to municipal bonds of the
				amounts, type and tenor referred to above each would and have accepted the
				opinion of the attorney or firm of attorneys whose opinion is being
				offered.
D. In no event shall the
				Bank accept the opinion of an attorney or firm of attorneys whose opinion is
				acceptable only on a purely local basis i.e. approval of municipal bonds where
				purchaser is a local bank or dealer and bonds could not be marketed in
				financial centers if such opinion were the only opinion offered to a subsequent
				purchaser.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 376 - MAINE MUNICIPAL BOND BANK › Chapter 64 - MAINE SCHOOL FACILITIES PROGRAM AND SCHOOL REVOLVING RENOVATION FUND › Section 376-64-2 - MAINTENANCE AND CAPITAL IMPROVEMENT PLANS

Current through 2024-29, July 17, 2024
A. Each
				school administrative unit will develop and maintain a facility maintenance
				plan and a capital improvement plan that includes a plan for each building in
				the school administrative unit.
B.
				Each facility maintenance plan must include, at a minimum, a maintenance and
				replacement schedule for all major building systems to include but not limited
				to the following:
1) heating, ventilation/air
				conditioning (HVAC);
2) plumbing
				and electrical systems;
3) roof
				systems;
4) building
				exterior;
5) windows and
				doors;
6) interior (painting,
				flooring, etc.); and
7) site
				maintenance.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 376 - MAINE MUNICIPAL BOND BANK › Chapter 64 - MAINE SCHOOL FACILITIES PROGRAM AND SCHOOL REVOLVING RENOVATION FUND › Section 376-64-3 - LEASE AND LEASE-PURCHASE SPACE

Current through 2024-29, July 17, 2024
A.
Temporary
				and interim instructional space
1) A
				school administrative unit may lease or lease-purchase temporary or interim
				instructional space with State support for a period not to exceed five (5)
				years.
2) All requests for State
				support for leases for temporary or interim instructional space must include a
				justification in the context of a long-range facilities plan.
3) The school administrative unit may appeal
				to the Commissioner if the five-year period restriction presents an undue
				burden to the unit. The decision of the Commissioner is final.
4) A lease for temporary or interim
				instructional space may be converted to a lease-purchase when it is consistent
				with the school administrative unit's long-range facilities plan.
NOTE: Pursuant to PL 2017 Chapter 284, Sec. VVVV-9 "A school
				  administrative unit engaged in a state-approved lease-purchase agreement for
				  regional programs and services space that serves students from 2 or more school
				  administrative units is eligible for state support for a maximum of 5
				  years."
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 376 - MAINE MUNICIPAL BOND BANK › Chapter 64 - MAINE SCHOOL FACILITIES PROGRAM AND SCHOOL REVOLVING RENOVATION FUND › Section 376-64-4 - SCHOOL REVOLVING RENOVATION FUND

Current through 2024-29, July 17, 2024
A.
Purpose
The School Revolving Renovation Fund is established to make
				  loans for school renovation projects that contribute to safe, healthy,
				  efficient, and adequate school facilities in which an SAU can deliver its
				  educational program.
B.
Eligible Renovation Projects
All projects must receive Department of Education and BGS
				  approval prior to construction in order to be eligible for funding
				  consideration. Projects in the following categories shall be eligible for
				  consideration for loans from the School Revolving Renovation Fund, provided
				  that the application for funding a renovation project is submitted to the
				  Department and is approved by the Department prior to the commencement of work
				  on the renovation project.
1)
Priority One
a) Repair or
				replacement of a roof on a school building;
b) Bringing a school building into compliance
				with the Federal
Americans with Disabilities Act
, 42
United States Code
, Section 12101
et
				seq
.;
c) Improving air
				quality in a school building;
d)
				Removing or abating hazardous materials in a school building; and
e) Other health, safety and compliance
				repairs.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 376 - MAINE MUNICIPAL BOND BANK › Chapter 64 - MAINE SCHOOL FACILITIES PROGRAM AND SCHOOL REVOLVING RENOVATION FUND › Section 376-64-5 - MAINE SCHOOL FACILITIES FINANCE PROGRAM

Current through 2024-29, July 17, 2024
A. The Bank
				shall be responsible for the following:
1) The
				loan application to eligible school administrative units;
2) The loan agreement with eligible school
				administrative units;
3) The
				management of all loans from the Revolving Renovation Fund;
4) That the applicant certifies to the Bank
				that it has secured all permits, licenses and approvals necessary to undertake
				the renovations and construct the improvements to be financed by the loan;
				and
5) That the applicant
				demonstrates to the satisfaction of the Bank that it has the ability to repay
				the loan made to the school administrative unit by the Bank.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 376 - MAINE MUNICIPAL BOND BANK › Chapter 64 - MAINE SCHOOL FACILITIES PROGRAM AND SCHOOL REVOLVING RENOVATION FUND › Section 376-64-6 - MAINE SCHOOL FACILITIES FINANCE PROGRAM LEASE-PURCHASE PROVISIONS

Current through 2024-29, July 17, 2024
A. The Bank shall be responsible for the
				following:
1) The lease-purchase assistance
				program is for the lease-purchase of buildings only;
2) Only school administrative units approved
				for subsidy by the Department must participate in the lease-purchase assistance
				program;
3) Under the
				lease-purchase assistance program, the Bank shall establish a competitive
				bidding process for the financing of a lease-purchase agreement which takes
				into account the cost and reasonable terms and conditions of
				lease-purchase;
4) After the
				Department notifies the Bank that a school administrative unit is approved and
				eligible to acquire a school facility via a lease-purchase agreement, the Bank
				shall solicit quotations from two or more private institutions; and
5) After quotations for financing a
				lease-purchase agreement have been received by the Bank, the two lowest cost
				quotations shall be provided to the school administrative unit which shall
				retain the right to select the financing institution of its choice subject to
				the requirement of State law and local ordinance.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 376 - MAINE MUNICIPAL BOND BANK › Chapter 101 - ALLOCATION OF STATE CEILING ON TAX-EXEMPT PRIVATE ACTIVITY BONDS UNDER MAINE MUNICIPAL BOND BANK › Section 376-101-1 - Definitions

Current through 2024-29, July 17, 2024
A. "Bank" means the Maine Municipal Bond
				Bank, organized pursuant to 30-A M.R.S.A.
B. "Code" means the Internal Revenue Code of
				1986, as amended.
C. "State
				ceiling" means the limit established by the Code on the dollar amount of
				tax-exempt private activity bonds which may be issued in the State of Maine
				during each calendar year by the State of Maine, its agencies, any of its
				political subdivisions, and other persons, excluding, for purposes of this
				rule, that portion of the limit not allocated to the Bank pursuant to
				applicable law or Executive Order.
D. "Tax-exempt private activity bonds" means
				obligations described as tax-exempt private activity bonds by the
				Code.
E. "Issuer" means any entity
				which issues or intends to issue tax-exempt private activity bonds for which an
				allocation of State ceiling is required in order to render interest payable on
				such bonds exempt from Federal income taxation pursuant to Section 103 of the
				Code.
F. "Qualified redevelopment
				bonds" means obligations described as qualified redevelopment bonds by the
				Code.
G. "Form 8038" means the
				United States Internal Revenue Service Form 8038, or any successor or
				substitute form required by the Code to be submitted to the United States
				Internal Revenue Service by issuers of tax-exempt private activity
				bonds.
H. "Carryforward" shall have
				the same meaning as in S 146(f) of the Code.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 376 - MAINE MUNICIPAL BOND BANK › Chapter 101 - ALLOCATION OF STATE CEILING ON TAX-EXEMPT PRIVATE ACTIVITY BONDS UNDER MAINE MUNICIPAL BOND BANK › Section 376-101-2 - Applications For and Awards of State Ceiling

Current through 2024-29, July 17, 2024
A.
Forms
. An issuer must file an application for a State ceiling
				allocation on forms supplied by the Bank.
B.
Fees
. On submission of an
				application for a State ceiling allocation, an issuer shall pay a fee to the
				Bank, as follows:
A
Dollar amount of Bonds
Fee
Less than $100,000
$ 500
Greater than $100,000
$1,000
C.
Restrictions
1. No issuer will
				be awarded a State ceiling allocation by the Bank in excess of $1,000,000 for
				an issue of qualified redevelopment bonds.
2. No issuer will be awarded a State ceiling
				allocation by the Bank in excess of $1,000,000 for any issue of any other type
				of tax-exempt private activity bonds.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 376 - MAINE MUNICIPAL BOND BANK › Chapter 595 - STATE REVOLVING FUND › Section 376-595-B - Program Requirements

Current through 2024-29, July 17, 2024
1.
Obligation
				Period.
Funds allotted to the State must be available for obligation for
				a period of one year after the close of the federal fiscal year for which the
				funds are authorized.
2.
Reserves for Planning and Program Administration.
The Act, under
				section 604(b) (
				33 U.S.C.§
										1384 ) requires states to reserve the greater
				of one percent of its allotment or $100,000 each year to carry out planning
				under sections 205(j) and 303(e). Section 603(d)(7) of the Act (
				33 U.S.C.§
										1383(d)(7) ) also allows
				states to use up to four percent of all grant awards to the fund under this
				title, $400,000 per year, or 1/5th percent per year
				of the current valuation of the fund, whichever amount is greatest, plus the
				amount of any fees collected by the State for administration of the fund and
				conducting activities under this title.
3.
Types of Financial
				Assistance.
The SRF has been established to assist and encourage
				Eligible Applicants to design and construct eligible Treatment Works and
				Non-Point Source projects required to improve or protect water quality and
				public health with Financial Assistance.
(a)
				Purpose of the SRF. The SRF may be used for one or more of the following
				purposes:
(i) To make loans to Eligible
				Applicants pursuant to
				30-A
				M.R.S.§5953-A and §
											6006-A;
(ii) To make loans to refund bonds or notes
				of Eligible Applicants issued after March 7, 1985, for the purpose of financing
				the construction of any capital improvement described in § 5953- A(l), and
				certified under § 5953- A(3);
(iii) To guarantee or insure, directly or
				indirectly, the payment of notes or bonds issued or to be issued by Eligible
				Applicants for the purpose of financing the construction of any capital
				improvement described in section 5953- A(l), and certified under section 5953-
				A(3);
(iv) To guarantee or insure,
				directly or indirectly, funds established by Eligible Applicants for the
				purpose of financing construction of any capital improvement described in
				section 5953-A(l);
(v) To invest
				available fund balances and to credit the net interest income on those balances
				to the SRF;
(vi) To invest as a
				source of revenue or security for the payment of principal and interest on
				general or special obligations of the Bank if the proceeds of the sale of the
				obligations have been deposited in the SRF or if such proceeds are to be used
				in conjunction with monies from the SRF for eligible Project purposes, or as a
				source of revenue to subsidize loan payment obligations of Eligible Applicants;
				and
(vii) To pay the costs
				permitted pursuant to the
Federal Water Pollution Control Act
,
				Title VI.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 376 - MAINE MUNICIPAL BOND BANK › Chapter 595 - STATE REVOLVING FUND › Section 376-595-C - Application for Assistance

Current through 2024-29, July 17, 2024
1.
Preplanning and Preapplication
(a) Preplanning. Potential applicants should
				confer with the staff of the Department and the Bank as early in its planning
				process as practical. The Department will provide information, advice,
				instruction, and guidance on the scope of work and level of effort needed to
				define eligible Projects in order to ensure that the applicant expeditiously
				complies with all state and federal requirements.
(b) Preapplication Meeting. An Eligible
				Applicant seeking Financial Assistance should make an appointment for a meeting
				with the staff of the Department and the Bank. At a minimum, the preapplication
				meeting should be attended by a member of the governing body of the
				municipality and the applicant's engineer and fiscal representative. If
				possible the applicant should bring information documenting the existence of,
				or a proposal for, a dedicated source of revenue for repaying the loan and of
				the establishment or proposed establishment of a system of user fees. The
				primary purpose of the meeting is to acquaint the applicant with program
				requirements and to assist the applicant in preparing an application. Also, a
				preliminary evaluation of whether the Project will qualify for funding will in
				most cases be made at this meeting.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 376 - MAINE MUNICIPAL BOND BANK › Chapter 595 - STATE REVOLVING FUND › Section 376-595-E - Prerequisites to Release of Funds

Current through 2024-29, July 17, 2024
1.
Release of
				Funds.
No release of funds may be made until such time as:
(a) Rate Schedule. The Eligible Applicant
				demonstrates to the Bank that it has established a rate, charge or assessment
				schedule which will generate annually sufficient revenue to pay, or has
				otherwise provided sufficient assurances that it will pay, the principal of and
				interest on the municipal bond or other debt instrument that evidences the loan
				made by the Bank to the municipality under subsection E(1) of this rule and to
				pay reasonably anticipated costs of operating and maintaining the financed
				Project and the system of which it is a part, if applicable;
(b) Dedicated Revenue. The Eligible Applicant
				certifies to the Bank that it has created a dedicated source of revenue, which
				may constitute general revenues of the Eligible Applicant through a general
				obligation pledge of the applicant, for repayment of the loan;
(c) Eligible. The Eligible Applicant and the
				Project to be financed by the proceeds of the loan have been designated by the
				Department as eligible to participate in a construction program funded wholly
				or in part by the State and from the proceeds of the revolving loan fund, in
				accordance with subsection C(7);
(d) Department Certification. The Department
				certifies to the Bank that the loan eligibility priority established under
				30-A
				M.R.S.§6006-A(3)
				entitles the applicant to immediate financing or assistance under subsection
				C(7) of this Chapter, and
(e) Prior
				to the release of funds for construction, the Eligible Applicant shall certify
				that it has secured all permits, licenses and approvals necessary to construct
				the improvements to be financed by the loan.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 376 - MAINE MUNICIPAL BOND BANK › Chapter 595 - STATE REVOLVING FUND › Section 376-595-F - Building Phase

Current through 2024-29, July 17, 2024
1.
Awarding
				Construction Contracts
. The Eligible Applicant shall be responsible for
				assuring that all procedures and legal requirements are observed in advertising
				for bids, Request for Qualifications, and Request for Proposals, and in
				awarding the construction contract. The text of the construction contract shall
				not vary from the text of the copy submitted to the Department. The Department
				may approve the award of construction contracts using any of the four delivery
				methods outlined below in Subsections F(1)(a)-(c).
(a) Design-Bid-Build (DBB) Contracts:
(i) A DBB Contract shall be competitively
				bid;
(ii) Prior to advertising, the
				Eligible Applicant shall submit to the
				Department the Plans and Specifications approved in accordance with subsection
				D(3) of this rule (relating to approval of Plans and Specifications);
				and
(iii) Submittals for Contract
				Award for DBB Contracts. Prior to contract award, the Eligible Applicant shall
				submit for approval to the Department the following documents:
(AA) A tabulation of all bids received and an
				explanation for any rejected bids or otherwise disqualified bidders;
(BB) The proposed low bid proposal;
(CC) A certification that all required
				acquisitions, leases, easements, right-of-way, relocations, (both voluntary and
				involuntary) have been obtained for the Project to be built;
(DD) Documentation of MBE/WBE efforts by the
				proposed low bid contractor, if applicable;
(EE) A notice of intent to award;
(FF) Evidence of public advertising;
				and
(GG) A Project
				budget.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 376 - MAINE MUNICIPAL BOND BANK › Chapter 595 - STATE REVOLVING FUND › Section 376-595-G - Post Building Phase

Current through 2024-29, July 17, 2024
1.
Responsibilities of Eligible Applicant.
After the satisfactory
				completion of the Project, the Eligible Applicant shall be held accountable by
				the Department for the continuing validity of all of the Eligible Applicant's
				representations and assurances. To facilitate continuing cooperation and to
				enable the Department to protect the State's investment and the public
				interest, the following provisions must be observed.
(a) Department Inspections. The Department is
				authorized to inspect the Project and the records of operation and maintenance
				of the Project at any time. If the Department finds that the Project is being
				improperly or inadequately operated and maintained to the extent that the
				purposes of the Project are not being properly fulfilled or that the integrity
				of the State's investment is being endangered, the Department must require the
				applicant to take corrective action.
(b) Operation and Maintenance. The Department
				or the Bank may request certified copies of all minutes, operating budgets,
				monthly operating statements, contracts, leases, deeds, audit reports, and
				other documents concerning the operation and maintenance of the
				Project.
(c) Fund Accounts. The
				Eligible Applicant shall maintain debt service fund accounts and other fund
				accounts related to the SRF debt in accordance with standards set forth by the
				Bank.
(d) Mitigation Measures.
				Eligible Applicants required to implement mitigation measures as a result of
				the environmental review process shall continue to implement those measures, if
				applicable.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 376 - MAINE MUNICIPAL BOND BANK › Chapter 595 - STATE REVOLVING FUND › Section 376-595-H - References to Federal Regulations

Current through 2024-29, July 17, 2024
Portions of this rule refer to federal regulations of the
				  United States Environmental Protection Agency (EPA). Unless otherwise
				  specified, the federal regulations referenced are those regulations effective
				  as of June 10, 2014, as they appear in volume 40 of the code of Federal
				  Regulations (CFR). Copies are available from the US Government Printing Office,
				  732 North Capitol Street, NW, Washington DC 20401.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 391 - STATE BOARD OF PROPERTY TAX REVIEW › Chapter 1 - RULES OF PRACTICE AND PROCEDURE IN APPEALS BEFORE THE BOARD › Section 391-1-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
A.
Assessing Authority
. The
				assessors, municipal officer(s), chief assessor, or the State Tax Assessor, in
				the case of the unorganized territory, who renders, or fails to render a
				decision as required by statute which decision or failure is appealable to this
				Board.
B.
Board
.
				"Board" means the State Board of Property Tax Review as established under 36
				M.R.S.A. §§271 - 273.
C.
Party
. A party is any person participating in an appeal before the
				Board, as either a petitioner or a respondent, as those terms are defined
				below:
(1)
Petitioner
. Any
				person who has filed an appeal with the Board relating to those provisions of
				law enumerated at 36 M.R.S.A. §271(2)(A).
(2)
Respondent
. The municipal
				tax assessor, chief assessor or the State Tax Assessor, as appropriate. In all
				tax abatement proceedings the Petitioner shall designate as Respondents both
				the appropriate assessing authority and the municipality, where applicable, in
				which the subject property is located.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 391 - STATE BOARD OF PROPERTY TAX REVIEW › Chapter 1 - RULES OF PRACTICE AND PROCEDURE IN APPEALS BEFORE THE BOARD › Section 391-1-2 - SCOPE AND CONSTRUCTION OF RULES

Current through 2024-29, July 17, 2024
A.
Procedure
				Governed
. These Rules shall govern all practice and procedure before the
				Board under applicable laws of the State of Maine, except as otherwise provided
				by statute or rule. When the circumstances of a particular proceeding requires
				more detailed procedures than those set forth in these rules, additional
				procedures may be specified by the Board by order applicable to that particular
				proceeding.
B.
Liberal
				Construction
. These Rules shall be liberally construed to secure just,
				speedy, and economic determination of all appeals presented to the
				Board.
C.
Deviation from
				Rules
. In special cases, where good cause appears, the Board may permit
				or order deviation from these Rules insofar as it may find compliance therewith
				to be impracticable, inexpedient, or unnecessary. Nothing in this section shall
				permit the Board to deviate from any procedural requirement or deadline that is
				expressly set forth in statute without provision for waiver or
				modification.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 391 - STATE BOARD OF PROPERTY TAX REVIEW › Chapter 1 - RULES OF PRACTICE AND PROCEDURE IN APPEALS BEFORE THE BOARD › Section 391-1-3 - GENERAL PROVISIONS

Current through 2024-29, July 17, 2024
A.
Office
. The Office of the Board is located at 49 State House
				Station, 3rd Floor, State Office Building, Augusta, Maine 04333.
B.
Communications
. All written
				communications with the Board shall be sent to the Secretary of the Board at
				the following address: 49 State House Station, Augusta, Maine 04333.
C.
Time Calculations
.
				Computation of any period of time prescribed or allowed by these Rules, by
				order of the Board, or by any applicable statute, shall be determined in
				accordance with 1 M.R.S.A. §71(12).
D.
Enlargement of Time
. When by
				these rules or by order issued by the Board, an act is required or allowed to
				be done at, before, or within a specific time, the Board for cause shown may at
				any time, in its discretion, with or without request, motion or notice, order
				the period enlarged before the expiration of the period originally prescribed
				or as previously extended; time limits or periods that apply to other persons
				affected by the resulting change or delay will also be adjusted appropriately.
				Requests for enlargement of time which are filed after expiration of the period
				prescribed or as extended by previous order will be granted only in exceptional
				circumstances.
E.
Size of
				Documents
. All documents filed with the Board shall be printed or
				typewritten and, so far as practicable, shall be upon paper 8 1/2 x 11 inches
				in size.
F.
Filings
.
				In filing papers with the Board as required or permitted by applicable statute,
				these rules or an order of the Board, the papers shall be deemed to be
				officially filed or received only when received at the office of the Board
				during hours that it is open. All written communications or documents relating
				to a proceeding to be brought or pending before the Board shall be addressed to
				the Secretary of the Board except as provided in Section 4. Acceptance of a
				document for filing does not constitute a determination that the contents of
				the document are sufficient for the purpose for which it is filed.
G.
Service
. Unless otherwise
				ordered, whenever a document is filed with the Board relating to a matter
				appealed to the Board, it shall at the same time be served on all parties in
				the matter.
H.
Charges for
				Copies of Documents
. A certified copy of the decision in a proceeding
				will be furnished by the Secretary free of charge to each party of record and
				the counsel of each party represented by counsel. Additional copies of a
				decision, or copies of other materials, will be furnished at fees reflecting
				copying costs as may be established by the Secretary.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 391 - STATE BOARD OF PROPERTY TAX REVIEW › Chapter 1 - RULES OF PRACTICE AND PROCEDURE IN APPEALS BEFORE THE BOARD › Section 391-1-4 - APPEALS

Current through 2024-29, July 17, 2024
A.
Tax Abatement Appeals
. If the
				appropriate assessing authority refuses to make an abatement asked for, the
				applicant may apply in writing to the Board in accordance with 36 M.R.S.A.
				§§583, 843, 844, 1118 or 2865 within sixty (60) days after receipt of
				the Assessor's decision, or after the abatement application is deemed to have
				been denied.
(1)
Petition
. All
				tax abatement appeals to the Board shall be initiated by the filing of a
				written petition at the office of the Board. Said petition shall be directed to
				the Chairman of the Board of Property Tax Review, and shall set forth the
				following:
(a) Name(s) and addresses of
				Petitioner(s)
(b) Name(s) and
				addresses of Respondent(s)
(c) A
				general description of the property which is the subject of the appeal. If the
				property includes real estate, the description shall include the Assessor's Map
				and Lot Number.
(d) Year of
				disputed assessment.
(e) Assessed
				value for the property as originally determined by the assessing
				authority.
(f) Amount of any
				abatements previously granted by the assessing authority for the assessment in
				question.
(g) The valuation
				Petitioner alleges should have been placed on the property.
(h) A brief statement of all prior
				proceedings before the assessing authority concerning the disputed
				assessment.
(i) A brief statement
				of the factual basis for the Petitioner's tax abatement appeal.
(j) A brief statement of the legal grounds
				for the Petitioner's tax abatement appeal.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 409 - MAINE INDIAN TRIBAL-STATE COMMISSION › Chapter 201 - FISHING ON WATERS UNDER JURISDICTION OF MAINE INDIAN TRIBAL-STATE COMMISSION › Section 409-201-1 - Overview

Current through 2024-29, July 17, 2024
A. Purpose
This chapter regulates fishing on certain inland waters
				  within Passamaquoddy and Penobscot Territory pursuant to the Maine Indian
				  Claims Settlement Act of 1980.
B. Authority
1.
Exclusive Authority to
				Promulgate Rules
. Pursuant to 30 MRSA §6207(3), the Maine
				Indian Tribal-State Commission has exclusive authority to promulgate fishing
				rules on any:
a.
Ponds
. Any pond with 50% or more of shoreline within
				Passamaquoddy or Penobscot Territory, except those specified in section
				1(B)(2).
b.
Rivers,
				Brooks, or Streams
. Section of a river, brook, or stream:
i. Both sides of which are within
				Passamaquoddy or Penobscot Territory; or
ii. One side of which is within Passamaquoddy
				or Penobscot Territory for a continuous length of 1/2 mile or more.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 409 - MAINE INDIAN TRIBAL-STATE COMMISSION › Chapter 201 - FISHING ON WATERS UNDER JURISDICTION OF MAINE INDIAN TRIBAL-STATE COMMISSION › Section 409-201-3 - Passamaquoddy Waters

Current through 2024-29, July 17, 2024
A. Passamaquoddy
				Waters Subject to General Provisions
The following waters in Passamaquoddy Territory are subject
				  to the general provisions specified in section 2 of this chapter.
1.
T4 ND (Hancock
				County)
Middle Pistol Lake
Upper Pistol Lake
2.
T3 ND (Hancock
				County)
Side Pistol Lake
3.
Rivers, Brooks, and
				Streams
All rivers, brooks, and streams, unless otherwise indicated
				  in section 3(B).
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 409 - MAINE INDIAN TRIBAL-STATE COMMISSION › Chapter 201 - FISHING ON WATERS UNDER JURISDICTION OF MAINE INDIAN TRIBAL-STATE COMMISSION › Section 409-201-4 - Penobscot Waters

Current through 2024-29, July 17, 2024
A. Penobscot Waters
				Subject to General Provisions
The following waters in Penobscot Territory are subject to
				  the general provisions specified in section 2 of this rule, unless otherwise
				  indicated in section 4(B).
1.
T2&3 R9 NWP (Penobscot County)
Mattamiscontis Lake
ice fishing is permitted; see
				  section 4(B)(6)
Little Mattamiscontis Lake
ice fishing is permitted;
				  see also section 4(B)(6)
2.
Rivers, Brooks, and
				Streams
All rivers, brooks, and streams, unless otherwise indicated
				  in section 4(B).
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 101 - EARNABLE COMPENSATION AND CALCULATION OF AVERAGE FINAL COMPENSATION › Section 411-101-1 - Definitions

Current through 2024-29, July 17, 2024
1. All terms used in this chapter, unless the
				context otherwise indicates, shall have the same definition as in 5 M.R.S.
				§17001 inclusive.
2. For the
				purpose of this chapter, compensation for actual services rendered does
				notinclude any amount paid:
A. in lieu of
				fringe benefits;
B. as a retirement
				stipend, an incentive to retire, or as consideration for notice of planned
				retirement;
C. as a
				bonus;
D. from a sick leave
				bank;
E. as interest to an
				employee, including interest on retroactive wage increases or other
				settlements; or F. which is not compensation for actual services rendered, or
				which is not paid at the time the actual services are rendered.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 101 - EARNABLE COMPENSATION AND CALCULATION OF AVERAGE FINAL COMPENSATION › Section 411-101-2 - Calculations

Current through 2024-29, July 17, 2024
For the purpose of calculating benefits payable to members,
				  the Maine Public Employees Retirement System will determine average final
				  compensation based upon the member's earnable compensation during the three
				  years of creditable service in Maine in which the member's earnable
				  compensation is highest.
1. Payment
				for sick and/or vacation leave. For state employee and teacher members having
				at least 10 years of creditable service by July 1, 1993, and for participating
				local district members eligible pursuant to 5 M.R.S. §18356, earnable
				compensation may include payment for not more than 30 days of unused and
				accumulated or accrued sick and/or unused vacation leave. For purposes of this
				subsection, a day is the normal number of hours worked in a day by the
				employees in a given classification up to a maximum of eight (8) hours. If a
				member retires and is paid for unused sick leave or vacation leave, the gross
				amount paid for unused sick leave and vacation leave will be converted to the
				equivalent days at full salary and deducted from the total days of unused sick
				leave and vacation leave. To be included in earnable compensation, sick and
				vacation leave must meet the following requirements:
A. Sick leave must have been available to the
				member to be used in the ordinary course of employment on account of illness or
				accident, and must be in fact unused and accumulated or accrued as of the date
				on which the member's service to the employer ceases.
B. Vacation leave must have been available to
				the member to be used in the ordinary course of employment for vacation, and
				must in fact be unused as of the date on which the member's service to the
				employer ceases.
C. Sick and
				vacation leave as described in paragraphs A and B must be so verified in
				records of the employer.
D. Payment
				for such leave must be made within a reasonable time, normally understood to be
				thirty (30) days after the date of the member's last termination before
				retirement. The applicable employer and member contributions must be made on
				the payment.
E. The policy or
				practice of making payments for such leave must be applied consistently by the
				employer to all of the employees in a given class.
F. The payments must not be excludable under
				section
				1 of this rule.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 102 - QUALIFICATION AS A FULL-TIME STUDENT › Section 411-102-1 - Definitions

Current through 2024-29, July 17, 2024
A. Educational Institution. Educational
				institution means a school (including a technical, trade or vocational school),
				junior college, college, or university which meets any of the following
				conditions:
(1) It is operated or directly
				supported by the United States, or by any State or local government or
				political subdivision thereof; or
(2) It is approved by a State or accredited
				by a State-recognized or nationally recognized accrediting agency or body. A
				nationally recognized accrediting body is an agency or body that has been
				determined to be such by the U.S. Commissioner of Education. A state-recognized
				accrediting agency or body is an agency or body designated or recognized by a
				State as proper authority for accrediting schools, colleges, or universities as
				meeting educational standards. Approval by a State includes approval of a
				school, college, or university as an education institution, or of one or more
				of the school's, college's, or university's courses, by a State agency or
				subdivision of the state. This approval may be indirect, as, for example, if
				attendance at the school satisfies the State's compulsory education laws, or if
				the school has a tax exemption as a school, or if the school receives financial
				aid, loans or scholarship allowances; or
(3) In the case of a nonaccredited school,
				college, or university, its credits are accepted, on transfer, by not less than
				three institutions which have been accredited by a State-recognized or
				nationally recognized accrediting agency, or body for credit on the same basis
				as if transferred from an institution so accredited. Acceptance of credits on
				transfer includes, in addition to acceptance of laterally transferred credits
				between similar educational institutions, acceptance of credits at a lower
				grade level for entrance into an institution at a higher grade
				level.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 103 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 411-103-1 - Definitions

Current through 2024-29, July 17, 2024
1.
Alternate Payee
. "Alternate
				payee" means a spouse, former spouse, child or other dependent of a member or
				retiree who is recognized by a domestic relations order as having a right to
				receive all or a portion of the benefits payable by the retirement system with
				respect to that member or retiree.
2.
Benefits Payable With Respect to a
				Member or Retiree
. "Benefits payable with respect to a member or
				retiree" means any payment made or required to be made to a member, retiree or
				beneficiary under 5 MRSA, chapter 423, subchapter V, or chapter 425, subchapter
				V, and withdrawal of accumulated contributions, but excluding benefits payable
				under:
A. Section 17953, subsection
				4;
B. Section 18003, with relation
				to dependent children;
C. Section
				18553, subsection 4; and
D. Section
				18603, with relation to dependent children.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 103 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 411-103-2 - Information to Spouse

Current through 2024-29, July 17, 2024
Upon receipt of an attested copy of the complaint for divorce
				  and a written request which identifies the member or retiree by name and social
				  security number and which states the date of the marriage, the System will
				  provide the spouse or former spouse of a member or retiree with the same
				  information that would be provided to the member or retiree on the member's or
				  retiree's account or benefits which is relevant to the spouse's or former
				  spouse's interest in the member's or retiree's account or benefits.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 103 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 411-103-3 - Payments by Maine Public Employees Retirement System

Current through 2024-29, July 17, 2024
1. The System shall make payments of death or
				retirement benefits or of refunded contributions only as directed by statutes
				and rules or by a qualified domestic relations order.
2. If benefits are payable pursuant to a
				qualified domestic relations order that meets the requirement of a domestic
				relations order as defined in section 414(p) of the Internal Revenue Code, then
				the applicable requirements of section 414(p) of the Internal Revenue Code will
				be followed by the System.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 103 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 411-103-4 - Submission of orders

Current through 2024-29, July 17, 2024
1. A person who
				wishes to have the System review a domestic relations order to establish
				whether it meets the requirements for a qualified domestic relations order must
				submit to the System a written request for review and a copy of the domestic
				relations order. The request may be made either before or after the order has
				been entered by the court. The order will be reviewed as provided by section 5.
				If the order has been entered, it must have been certified by the clerk of the
				court that entered the order.
2.
				Subject to review and approval by the Board, the Executive Director will
				establish and may revise from time to time a filing fee for the processing and
				review of orders. The fee will be based on the time required for processing and
				review of orders, will be reasonable, and will not be set at a level which
				requires the System's members and employers as a whole to subsidize the cost of
				processing and review. The fee in effect at the time an order is first
				submitted, whether before or after entry by the court, must be paid before the
				order will be processed and reviewed. In addition, the System will charge for
				legal and actuarial services and provided by section 5, subsection B.
3. If a domestic relations order is submitted
				for review after it has been entered by the court and is thereafter amended
				with the intention that it be a qualified domestic relations order, the member
				or retiree or the alternate payee must submit a certified copy of the amended
				order to the System. The System shall review any amended order that it receives
				according to the same rules applicable to all other orders. A filing fee is not
				required with the submission of an amended order if the fee was paid with the
				initial submission of the order.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 103 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 411-103-5 - Review of Orders

Current through 2024-29, July 17, 2024
1. The executive
				director shall review the order for compliance with the requirements imposed by
				5 MRSA §17059 and this chapter. Upon completion of the review:
A. If the order has not been entered by the
				court, the executive director will not issue a determination that the order is
				or is not a qualified domestic relations order but will, in writing, inform the
				person who submitted the order whether the order meets the requirements for a
				qualified domestic relations order, identifying any provisions of 5 MRSA
				§17059 or this chapter that the order does not meet;
B. If the order has been entered by the
				court, the executive director shall notify the member or retiree and each
				alternate payee in writing of the determination that the order is or is not a
				qualified domestic relations order identifying any provisions of 5 MRSA
				§17059 or this chapter that the order does not meet.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 103 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 411-103-6 - Payment Pursuant to Qualified Orders

Current through 2024-29, July 17, 2024
If the order in determined to be a qualified domestic
				  relations order, the System shall, subject to the limitations of applicable
				  statutes and this chapter, pay benefits in accordance with the order at the
				  time benefits become payable to or in the case of contributions, are withdrawn
				  by the member. Any determination that an order is a qualified domestic
				  relations order is voidable or subject to modification if the System determines
				  that the provisions of the order have been changed or that circumstances
				  relevant to the determination have changed.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 103 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 411-103-7 - Orders Not Qualified

Current through 2024-29, July 17, 2024
The executive director shall provide a written notice of any
				  determination that an order is not a qualified domestic relations order,
				  identifying the provisions of
				   5 MRSA
				  §17059 or this chapter that the order
				  does not meet.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 103 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 411-103-8 - Appeal of Determination that Order is Not Qualified

Current through 2024-29, July 17, 2024
A determination by the executive director that an order is
				  not a qualified domestic relations order is a decision that may be appealed to
				  the Board of Trustees of the System an provided by
				   5 MRSA
				  §17451.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 103 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 411-103-9 - Determination of Whether an Order is a Qualified Domestic Relations Order

Current through 2024-29, July 17, 2024
The executive director will apply the requirements of
				   5 MRSA
				  §17059 to determine whether an order is
				  a qualified domestic relations order. The following provisions will also be
				  used in making the determination:
1.
				The order must provide for all possible distributions of benefits by the System
				for the member or retiree under plan provisions. This requirement shall be
				deemed to have been met by a provision that:
A. Awards to the alternate payee a specific
				or clearly determinable percentage rather than an amount, of each distribution
				by the Retirement System based on the member's account or retiree's benefit;
				or
B. Awards to the member or
				retiree, in accordance with plan provisions, all benefits payable with respect
				to a member or retiree not specifically awarded to the alternate
				payee.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 103 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 411-103-10 - Restoration to Service

Current through 2024-29, July 17, 2024
For the purpose of calculating earnings limitations for
				  retirees or recipients of disability retirement benefits who have been restored
				  to service, the retiree's or recipient's retirement benefit or disability
				  benefit will be considered to be the amount that would have been paid if there
				  had been no qualified domestic relations order.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 103 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 411-103-11 - Amount of Disability Retirement Benefit Subject to Qualified Domestic Relations Order

Current through 2024-29, July 17, 2024
If the benefit of a recipient of a disability retirement
				  benefit is reduced because of amounts received by the recipient as Workers
				  Compensation or 'Social Security benefits, or both, the amount of the benefit
				  subject to a qualified domestic relations order is the amount of benefit
				  remaining after reduction for the Workers, Compensation or the Social Security
				  benefits or both.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 103 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 411-103-12 - Benefits Resulting from Resumption of Membership and Reinstatement of Service Credit

Current through 2024-29, July 17, 2024
If a member terminates membership in the Retirement System by
				  withdrawal of contributions, the System shall pay all or a portion of the
				  amount withdrawn to any alternate payee as directed by a qualified domestic
				  relations order. If the former member later resumes membership in the System,
				  the System shall pay to an alternate payee no portion of any benefits payable
				  to the member or retiree which result from the resumption of membership, even
				  if those benefits result in part from reinstatement of service credit initially
				  credited during the marriage.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 103 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 411-103-13 - Reinstatement of Service Credit

Current through 2024-29, July 17, 2024
In order to receive credit for all service represented by
				  withdrawn or refunded contributions, a member who in reinstating service credit
				  by repaying amounts previously withdrawn or refunded must repay the entire
				  amount withdrawn or refunded, regardless of whether a portion or all of the
				  amount was paid to an alternate payee. Repayment must be made in accordance
				  with
				  5 MRSA §17703
				  or §
									18304 and service
				  credit shall be granted in accordance with
				   5 MRSA
				  §17757 or §
									18357.