reglab/statecodes huggingface dataset:
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 11 - RULES GOVERNING MOTORCYCLE RIDER EDUCATION › Section 250-11-9 - Complaint Processing Procedure for Complaints against Licensed Schools and Instructors

Current through 2024-29, July 17, 2024
All complaints regarding a motorcycle rider education
					 school and/or instructor must be signed by the complainant and submitted to the
					 Secretary of State in writing. The Secretary of State shall acknowledge receipt
					 of the complaint and notify the complainant of the final action taken. The
					 Secretary of State shall advise the school, instructor or person, against whom
					 a complaint has been registered, of the nature of the claim. The Secretary of
					 State may investigate complaints as deemed appropriate.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 11 - RULES GOVERNING MOTORCYCLE RIDER EDUCATION › Section 250-11-10 - Denying, Suspending or Revoking the Licensing of a School or Instructor

Current through 2024-29, July 17, 2024
1. The Secretary of State may suspend, revoke
				  or deny to issue or renew a motorcycle rider education instructor or school
				  license for just cause in accordance with the Maine Administrative Procedure
				  Act and noncompliance with statutory and regulatory requirements.
2. A person refused a license or whose
				  license is suspended or revoked may request a hearing with the Secretary of
				  State. Administrative hearings are conducted in accordance with 29-A MRS,
				  Chapter 23, Subchapter III Article 3.
3. An instructor or school, upon denial,
				  suspension or revocation of licensure shall at once return all materials issued
				  by the Secretary of State to the Bureau of Motor Vehicles.
4. An instructor or school whose license is
				  denied, suspended or revoked, or who does not renew certification, for more
				  than 24 months, must complete the licensing process described in Section
				  5 of these rules again in order to be
				  relicensed.
5. If the Secretary of
				  State is notified by a curriculum provider, that a school or instructor is
				  ineligible to use their curriculum, a suspension shall be imposed until such
				  time that documentation is provided showing compliance with the curriculum
				  provider.
6. If not in good
				  standing with an approved curriculum provider, a request to use another
				  approved curriculum or request to approve a new curriculum will not be
				  permitted.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 11 - RULES GOVERNING MOTORCYCLE RIDER EDUCATION › Section 250-11-11 - Prohibited Conduct

Current through 2024-29, July 17, 2024
A person may not engage in the following conduct or
					 activities:
1.
Motorcycle rider
				  education
. A person may not conduct motorcycle rider education, operate
				  a motorcycle rider education school, act as a motorcycle rider education
				  instructor or represent oneself as providing the same without being licensed by
				  the Secretary of State.
2.
Solicitation and advertising
. A motorcycle rider education school,
				  including employees and agents, and a motorcycle rider education instructor may
				  not:
A. Solicit or advertise at a location
				  where the Secretary of State conducts driver tests.
B. Advertise, imply or otherwise represent
				  oneself to be an employee or agent of the Secretary of State.
C. Advertise, imply or otherwise represent or
				  insinuate that the issuance of a motorcycle permit, license or endorsement is
				  guaranteed or assured.
D. Make any
				  false, misleading or deceitful claims, statements or representations in any
				  advertisement or solicitation.
E.
				  Advertise or solicit business for a new school, new location or expired school,
				  without being licensed.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 11 - RULES GOVERNING MOTORCYCLE RIDER EDUCATION › Appendix 250-11-A - Surety Bond for Motorcycle Rider Education School

Current through 2024-29, July 17, 2024
BOND NUMBER:
KNOW ALL MEN BY THESE PRESENTS, That
					 we__________________________________________
(Name of Motorcycle School)
of ______________________________________ and
					 _________________________________________
(Motorcycle School Address) (Surety
					 Company)
as surety authorized to do business in the State of
					 Maine are held and firmly bound unto the Secretary of State, State of Maine to
					 ensure faithful compliance with Chapter 11, Rules Governing Motorcycle Rider
					 Education and the terms and conditions of the certificate issued there under.
					 This bond has been undertaken by the principal in the amount of ten thousand
					 ($10,000) for the payment of which we bind ourselves, our heirs, executors,
					 administrators, successors and assigns, jointly and severally.
Whereas the above bounden Principal has made
					 application to the Secretary of State, State of Maine, Bureau of Motor
					 Vehicles, for certification to engage in business as a motorcycle rider
					 education school in accordance with rules promulgated by the Secretary of
					 State, and if so certified, said Principal is required to furnish a surety bond
					 pursuant to Chapter 11, Rules Governing Motorcycle Rider
					 Education.
Now, therefore, the condition of this Obligation is
					 such that if the said Principal shall faithfully observe the provisions of the
					 rules promulgated relating to the business of motorcycle rider education school
					 obligation shall be null and void, otherwise to remain in full force and
					 effect.
It is further understood and agreed
					 that:
1. This bond shall run from the date it is signed and
					 dated and shall continue in full force and effect for a minimum of one (1) year
					 after motorcycle rider education school license expiration.
2. This bond may be canceled by the Surety at any
					 time by giving thirty (30) days written notice by registered or certified mail
					 to the Secretary of State.
Principal and Surety agree to be bound by the laws of
					 the State of Maine as to the interpretation of this instrument.
Signed, sealed and dated the _______day of
					 _______________, 20_____
__________________________________________
					 ____________________________________
Principal Surety Company
___________________________________
Address of Surety Company
BY:_______________________________________
					 BY:________________________________
Witness:___________________________________
There will be no fiscal impact to municipalities resulting
					 from the adoption of these rules.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 12 - RULES GOVERNING THE SALE OF RECORDS AND DATABASES RELATED TO DRIVER HISTORY, DRIVER LICENSES AND MOTOR VEHICLES › Section 250-12-1 - Statement of Policy

Current through 2024-29, July 17, 2024
It is the policy of the Secretary of State to comply fully
					 with the public record provisions of the Maine Freedom of Access Law (
					  1 MRSA
					 §401 et seq.) and other relevant law,
					 including the Federal Driver Privacy Protection Act (18 USC, Chapter 123), in
					 the dissemination of information maintained by the Department of the Secretary
					 of State.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 12 - RULES GOVERNING THE SALE OF RECORDS AND DATABASES RELATED TO DRIVER HISTORY, DRIVER LICENSES AND MOTOR VEHICLES › Section 250-12-2 - Information Required to Process A Request For A Record

Current through 2024-29, July 17, 2024
To facilitate the retrieval of records and to ensure the
					 accuracy of records:
A. All requests
				  for records must be in the form acceptable to the Bureau and addressed to the
				  main or home office of the Bureau unless the individual requesting information
				  appears at the office.
B. All
				  requests must be accompanied by the appropriate fee as authorized by statute or
				  these rules. Commercial account holders may be billed for the records in
				  accordance with Bureau procedures.
C. All individual requests for motor vehicle
				  records must contain at least the following identifying information: In the
				  case of a request for driver history or license information, the name and date
				  of birth or the name and Maine driver's license number, or the name and address
				  of the individual who is the subject of the request. In the case of
				  registration information, the registration certificate/plate number or the name
				  and date of birth of the individual who is the subject of the
				  request.
D. No request for an
				  individual record may be processed without the minimum identifying information
				  because such information is essential to the accurate retrieval of
				  records.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 12 - RULES GOVERNING THE SALE OF RECORDS AND DATABASES RELATED TO DRIVER HISTORY, DRIVER LICENSES AND MOTOR VEHICLES › Section 250-12-3 - Fees

Current through 2024-29, July 17, 2024
The fee for records, including a report of no record found,
					 is as provided by statute (
					 
					 29-A MRSA §§251 and
					 252
					 ). Source document records up to 10 pages cost $10.00 and an additional $5.00
					 for every subsequent 10 pages or any portion thereof.
A.
Electronic Transmittal
. An
				  additional fee of $2.00 per record is charged for records which are transmitted
				  electronically, including by fax or by internet. Faxed records beyond 10 pages
				  are charged an additional $2.00 for every subsequent 10 pages or any portion
				  thereof.
B.
Database Records
				  and Lists
. Database records and lists are provided by Information
				  Resources of Maine (InforME) and the fees for such information is as
				  established in the Service Level Agreement between InforME and the Department
				  of the Secretary of State. The fee for Database records and lists which are not
				  available through InforME are the same established by the fee schedule to the
				  Service Level Agreement between InforME and the Department of the Secretary of
				  State.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 13 - RULES GOVERNING DRIVER'S LICENSE RESTRICTIONS › Section 250-13-1 - Purpose

Current through 2024-29, July 17, 2024
The Secretary of State is responsible for ensuring the
					 safety of the motoring public through the judicious administration of the motor
					 vehicle laws. Persons who present an unreasonable risk to the safety of driving
					 public must be denied the privilege to operate motor vehicles. Other persons
					 may have their operating privileges limited or restricted following a driving
					 evaluation.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 13 - RULES GOVERNING DRIVER'S LICENSE RESTRICTIONS › Section 250-13-2 - Action by the retary of State

Current through 2024-29, July 17, 2024
The Secretary of State, having good cause to believe that a
					 person is incompetent or otherwise not qualified to operate a motor vehicle may
					 require that person to submit to a driving evaluation.
					  29-A
					 M.R.S.A. §1309.
A.
Sources of information.
Sources of information concerning a person's ability to operate a motor vehicle
				  safely include, but are not limited to:
1.
				  Permits, licenses, renewal applications, and accident reports;
2. Adverse reports of driving from citizens,
				  family, physicians and other medical personnel, law enforcement and other
				  government agencies.
3. Driver
				  history including convictions, adjudications, suspensions, revocations and
				  accidents.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 13 - RULES GOVERNING DRIVER'S LICENSE RESTRICTIONS › Section 250-13-3 - Factors evaluated for license restrictions

Current through 2024-29, July 17, 2024
The following factors must be considered:
A.
Driver History.
The person's
				  driving record including convictions, adjudications, suspensions, revocations
				  and accidents.
B.
Adverse
				  reports.
Adverse reports of driving from citizens, family, physicians
				  and other medical personnel, law enforcement and other governmental
				  agencies.
C.
Physical,
				  mental, and emotional condition.
The physical, mental, and emotional
				  condition of the person.
D.
Driving evaluation.
The person's ability to operate a motor vehicle
				  safely during a road evaluation conducted by a driver license examiner. The
				  evaluation includes, an assessment of the person's skills, judgment, knowledge
				  and ability to operate and control a motor vehicle safely driving forward,
				  backward and parking, maintaining and changing lanes, turning, observation and
				  reaction to other road users and pedestrians as well as traffic signs, signals
				  and conditions. The evaluation may occur at night and in various geographic
				  locations.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 13 - RULES GOVERNING DRIVER'S LICENSE RESTRICTIONS › Section 250-13-4 - Hearing

Current through 2024-29, July 17, 2024
A person whose license is limited or restricted pursuant to
					 these rules may request a hearing as provided by
					  29-A M.R.S.A.
					 §§2483 -
					 2485 to contest
					 the restriction. At the hearing, the hearings examiner must consider the
					 factors listed in section
					 3 of these rules.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 14 - RULES OF THE MAINE MOTOR VEHICLE FRANCHISE BOARD › Section 250-14-1 - Purpose

Current through 2024-29, July 17, 2024
1. Purpose. The purpose of these rules is to
				  establish the operating procedures through which the Maine Motor Vehicle
				  Franchise Board (Board) will enforce the provisions of 10 MRSA Ch.204,
				  §§ 1171 et seq. These rules shall be construed to secure just, speedy
				  and efficient determination of all matters pending before the Board. Procedures
				  not specifically addressed by these rules shall be governed by the Maine Rules
				  of Civil Procedure.
2. The rules of
				  the Maine Motor Vehicle Franchise Board govern all actions pending on or filed
				  with the Board after their effective date.
A.
				  Amendments to these rules will govern those proceedings pending on or begun
				  after their effective date, except as the Chair determines that the application
				  of one or more of the amendments in a particular proceeding pending when the
				  amendment took effect would not be feasible or would work injustice, in which
				  event the Chair need not abide by those amendments.
B.10 M.R.S.A. §§1187-A requires the
				  Board to impose an initial assessment upon each motor vehicle dealer and each
				  motor vehicle manufacturer. In order to carry out its statutory mandate
				  pursuant to this section of the law, the Board is required to determine
				  annually whether to increase that assessment. It will notify each motor vehicle
				  dealer and manufacturer of any change in the annual assessment.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 14 - RULES OF THE MAINE MOTOR VEHICLE FRANCHISE BOARD › Section 250-14-2 - Maine Motor Vehicle Franchise Board

Current through 2024-29, July 17, 2024
1. The
				  Office of the Maine Motor Vehicle Franchise Board is located at 101 Hospital
				  Street, 29 State House Station, Augusta, ME. 04333-0029.
2. Representation.
A. Pro se representation. Only an individual
				  may appear on the individual's own behalf.
B. Attorneys. A party may be represented by
				  an attorney authorized to practice law in Maine. At the discretion of the
				  Chair, an attorney who is not a member of the Maine bar, but is a member in
				  good standing of the bar of another state or the District of Columbia, may
				  represent a party if a member of the Maine bar moves that the out-of-state
				  attorney be so permitted, and if both the member of the Maine bar and the
				  out-of-state attorney agree to be actively associated during the proceeding.
				  The member of the Maine bar so associated shall further agree to accept service
				  of all papers, to sign all papers filed with the Board and to attend any
				  conference or hearing as ordered by the Chair. The Chair may at any time for
				  good cause revoke such permission without hearing.
C. Notice of appearance. An attorney who
				  appears in a representative capacity shall enter an appearance by filing a
				  written notice of appearance setting forth the attorney's name, business
				  address, and telephone number, and the name and address of the party
				  represented.
D. If an attorney
				  withdraws, the attorney shall notify the board in writing; thereafter
				  correspondence will be forwarded directly to the party.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 14 - RULES OF THE MAINE MOTOR VEHICLE FRANCHISE BOARD › Section 250-14-3 - Commencement of Proceeding, Service, Intervention and Form of Submissions

Current through 2024-29, July 17, 2024
1. Commencement of Proceeding.
A. A proceeding under these Rules is started
				  by filing a Complaint for relief under Tit. 10 MRSA §§1187 et seq. A
				  complaint may be amended as a matter of right only within five days of the date
				  of filing. A Complaint shall provide the reason a hearing is requested, the
				  specific section of the Law under which relief is being sought, the facts which
				  form the grounds for the complaint, and the outcome sought.
B. The Chair shall review the complaint to
				  determine whether any information is inadequate or missing and shall return it
				  to the party with an explanation of the deficiencies and notice that the party
				  may make corrections and resubmit the complaint within five days of
				  receipt.
C. Any complaint shall be
				  accompanied by a filing fee of $1,500.00 and confirmation of service upon the
				  defendant.
D. The filing of any
				  papers required or permitted to be filed under this rule is complete when the
				  Board receives the paper by mail, in-hand delivery, or any other means
				  specified by the Chair.
E.
				  Non-compliance. If a party fails to comply with this section, the Chair may
				  refuse to accept or consider the filing.
F. Nothing in this rule shall operate to
				  limit the Board's right to require additional information from the petitioner
				  or any other party.
G. The Board
				  shall schedule a hearing to occur within 120 days of the date the complaint is
				  received by the Board.
H. The
				  respondent(s) must file and serve an answer within fifteen days of receipt of
				  the complaint, as filed or amended under paragraph B. The answer must respond
				  fully to all allegations and plead any and all available affirmative defenses
				  and the factual and legal basis therefore. The answer must present the
				  respondent's position on the issues raised by the complaint. All defenses or
				  defense issues not presented in the answer are waived. The Chair may allow an
				  answer to be amended for good cause shown based on information obtained during
				  discovery that was otherwise unavailable to the respondent.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 14 - RULES OF THE MAINE MOTOR VEHICLE FRANCHISE BOARD › Section 250-14-4 - Prehearing Procedure

Current through 2024-29, July 17, 2024
1. Prehearing
				  Conference. The Chair shall schedule a conference no later than forty five days
				  from the filing of the Complaint.
A. At least
				  five days before the conference each party shall serve the Board and all other
				  parties with a pretrial memorandum. The memorandum shall, to the greatest
				  extent possible:
1 identify all issues of
				  fact and law to be raised at the hearing;
2 list requested admissions or stipulations
				  to facts or documents;
3 specify
				  the time requested for presentation of the party's direct case and cross
				  examination of witnesses;
4
				  identify all experts and the scope of their testimony;
5 list requests to use pre-filed direct
				  testimony;
6 list requests for
				  official notice;
7 list all
				  outstanding discovery items that the party has requested and discovery to which
				  the party has not responded; and
8
				  list proposed exhibits.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 14 - RULES OF THE MAINE MOTOR VEHICLE FRANCHISE BOARD › Section 250-14-5 - Adjudicatory Proceedings

Current through 2024-29, July 17, 2024
1. The board shall
				  notify the parties of the date, time, location and scope of the
				  hearing.
2. In addition to other
				  duties and powers contained in these rules, the Chair has the power to
				  administer oaths and to require by subpoena the attendance and testimony of
				  witnesses, the presentation of books, records and other evidence relevant or
				  pertinent to the issues presented to the Board for determination.
3. Subpoenas.
A. The Chair or his designee may issue
				  subpoenas at the request of any party to require the attendance and testimony
				  of witnesses and the production of any evidence relating to any issue of fact
				  in the proceeding.
B. The Board may
				  prescribe the form of subpoena, but it shall adhere, insofar as practicable, to
				  the form used in civil cases before the Maine courts. Witnesses shall be
				  subpoenaed only within the territorial limits and in the same manner as
				  witnesses in civil cases before the Maine courts, unless another territory or
				  manner is provided by law. Witnesses subpoenaed shall be paid the same fees for
				  attendance and travel as set out in the Maine Rules of Civil Procedure. Such
				  fees, as well as the costs of serving the subpoena, shall be paid by the party
				  requesting the subpoena.
C. It is
				  the responsibility of the requesting party to serve the subpoena on the named
				  individual. When a witness is subpoenaed, the witness fee and transportation
				  allowance established by 16 M.R.S.A. §251 must then be provided. If a
				  party subpoenas a witness and then decides not to call that witness, the
				  requesting party must give notice of its intent not to call that witness to the
				  other parties to the proceeding and to the Board or the Chair at least
				  forty-eight hours before the witness was scheduled to appear. A subpoena for
				  documents will ordinarily require the production of the documents at the
				  prehearing conference.
D. Any
				  witness subpoenaed to testify or produce documents may move the Chair to quash
				  or modify a subpoena issued by the Board. The grounds to quash or modify a
				  subpoena shall be those set out in Rule 45 of the Maine Rules of Civil
				  Procedure. The Chair may grant the petition in whole or in part upon a finding
				  that the testimony or the evidence whose production is required does not relate
				  reasonably directly to any matter in question, or based upon a finding that the
				  movant did not have a reasonable time to comply with the subpoena or that the
				  subpoena was otherwise unreasonable or oppressive.
E. Pursuant to Tit. 10 §1188(6), any
				  person served with a subpoena who fails to obey the subpoena without adequate
				  excuse, may be found in contempt. The standards for finding contempt shall be
				  those set out in the Maine Rules of Civil Procedure.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 14 - RULES OF THE MAINE MOTOR VEHICLE FRANCHISE BOARD › Section 250-14-6 - Hearings and Evidence

Current through 2024-29, July 17, 2024
1. Hearings.
A. Presentation. Unless otherwise ordered by
				  the Chair, the party filing the complaint shall present its case first,
				  followed by the respondent(s), followed by any intervenors.
B. Openings and closings. Opening and closing
				  statements may be made at the Chair's discretion.
C. Stipulations. With the approval of the
				  Chair, the parties may stipulate to facts at issue, on the record either orally
				  or in writing, and shall be bound thereby.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 14 - RULES OF THE MAINE MOTOR VEHICLE FRANCHISE BOARD › Section 250-14-7 - Decisions, Penalties and Fees

Current through 2024-29, July 17, 2024
1. Decision.
A. Only matters appearing on the record in
				  the form of testimony, documentary or other properly submitted evidence, and
				  judicially noticed material may form the basis for the Board's decision. All
				  decisions shall be reached on the basis of a preponderance of the evidence. The
				  decision of the Board is final as to all factual and legal issues
				  presented.
B. Every decision made
				  at the conclusion of a hearing subject to this chapter shall be in writing and
				  shall include findings of fact sufficient to apprise the parties and any
				  interested member of the public of the basis for the decision.
C. A copy of the decision shall be delivered
				  or promptly mailed to each party to the proceeding or his representative of
				  record. Written notice of the party's right to review of the decision or for a
				  hearing before the Superior Court, and of the action required and the time
				  within which such action must be taken in order to exercise the right of
				  review, shall be given to each party with the decision.
D. The Board shall maintain a record of the
				  vote of each Board member with respect to the decision. For the purpose of
				  rendering a decision, five members of the board, including the Chair, shall
				  constitute a quorum.
E. The Chair
				  will vote only as necessary to break an impasse.
F. A party aggrieved by a final Board order
				  may immediately appeal that decision to the Superior Court pursuant to the
				  Maine Administrative Procedure Act and the Maine Rules of Civil
				  Procedure.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 15 - RULES GOVERNING ACCEPTABLE DOCUMENTS TO ESTABLISH LEGAL PRESENCE › Section 250-15-1 - Definitions

Current through 2024-29, July 17, 2024
For purposes of this Chapter:
A. "Immigration authorities" include any
				  federal agency charged with carrying out the
Immigration and
				  Nationality Act
, including the United States Department of State,
				  Department of Homeland Security, or Department of Justice, including the
				  Executive Office for Immigration Review comprised of the Immigration Courts and
				  the Board of Immigration Appeals, and any predecessor or successor federal
				  agencies.
B. "Document" includes
				  but is not limited to any paper receipts, notices, letters, I-94
				  Arrival/Departure record or other forms, court orders issued by immigration
				  authorities or by any federal court, or any electronic evidence, including
				  print-outs from websites maintained by immigration authorities or from the
				  Federal Register or federal courts that document an individual's legal
				  presence.
C. "Evidence" includes
				  information pertaining to the individual, or court orders or Federal Register
				  notices indicating an individual's legal presence or status as a member of a
				  specific class or category.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 15 - RULES GOVERNING ACCEPTABLE DOCUMENTS TO ESTABLISH LEGAL PRESENCE › Section 250-15-2 - General requirement for acceptable documents to establish legal presence in the United States

Current through 2024-29, July 17, 2024
Any document deemed not authentic may be rejected as
					 unacceptable. All documents described in these rules must be:
A. Legible;
B. Unexpired or having no expiration date;
				  and
C. Valid, i.e., not suspended,
				  revoked, canceled or otherwise voided by the issuing agency.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 15 - RULES GOVERNING ACCEPTABLE DOCUMENTS TO ESTABLISH LEGAL PRESENCE › Section 250-15-3 - Documents to establish the legal presence of United States citizens or nationals

Current through 2024-29, July 17, 2024
A person, who is a United States citizen, including, for
					 the purpose of this rule, United States nationals, may present the following
					 documents to establish evidence of legal presence in the United States.
A. United States Passport or Passport
				  Card.
B. Certified copy of a birth
				  certificate from a State Office of Vital Statistics or equivalent agency
				  showing the individual was born in:
1. a State
				  of the United States;
2. District
				  of Columbia;
3. Puerto Rico after
				  January 12, 19411;
4. Virgin Islands after January 16,
				  19172;
5. Guam after April 11,
				  18993;
6. Commonwealth of Northern Mariana Islands
				  at or after 11:00 a.m. (Saipan time) on January 9,
				  19784;
7. American Samoa after February 16,
				  19005; or
8. Swains Island after March 4,
				  19255; or
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 15 - RULES GOVERNING ACCEPTABLE DOCUMENTS TO ESTABLISH LEGAL PRESENCE › Section 250-15-4 - Alternative documents to establish the legal presence of United States citizens

Current through 2024-29, July 17, 2024
A person, who is a United States citizen who is unable to
					 produce a document listed in Section
					 3 may present acceptable alternative
					 documents, including the following:
A.
				  A person born in a United States jurisdiction listed in Sections
				  3. B.1 -
				  3. B.6 may present:
1. A document issued by the United States or
				  a jurisdiction listed in Sections
				  3. B.1 -
				  3. B.6 showing the name, date of birth
				  and that the birth occurred in a jurisdiction listed in Sections
				  3. B.1 -
				  3. B.6, including but not limited to
				  military discharge records, proof of civil service employment by the United
				  States government prior to June 1, 1976, adoption papers, including court
				  orders, and census records; or
2. A
				  document from the Federal Bureau of Prisons or the Maine Department of
				  Corrections, or any successor agencies, approved by the Secretary of State or
				  the Secretary of State's designee indicating that the person was born in a
				  United States jurisdiction listed in Sections 3.B.1 - 3.B.6.; or
3. Any other credible documentation that
				  includes the person's name, date of birth, and that the birth occurred in a
				  jurisdiction listed in Sections 3.B.1 - 3.B.6, including but not limited to a
				  contemporaneously published newspaper birth announcement, hospital birth
				  certificate or birth record, baptismal certificate, religious record or tribal
				  record, doctor's records or other medical records of the birth, or any
				  combination of documents that when considered together satisfy Maine's
				  Secretary of State or the Secretary of State's designee that the person was
				  born in a United States jurisdiction listed in Sections 3.B.1 -
				  3.B.6.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 15 - RULES GOVERNING ACCEPTABLE DOCUMENTS TO ESTABLISH LEGAL PRESENCE › Section 250-15-5 - Documents to establish the legal presence of Noncitizens

Current through 2024-29, July 17, 2024
A person who is not a United States citizen may present
					 the following documents issued by immigration authorities, unless other sources
					 are specified, to establish evidence of legal presence in the United
					 States:
A. Evidence of permanent
				  resident or other permanent or unlimited duration legal presence in the United
				  States.
1. Permanent Resident Card or Resident
				  Alien Card;
2. Memorandum of
				  Creation of Record of Lawful Permanent Residence;
3. Arrival/Departure Form I-94 or foreign
				  passport with any notation referencing temporary evidence of or processed for
				  "I-551" or similar language, or I-551 Alien Documentation and Identification
				  System (ADIT) stamp;
4. Document
				  indicating an approved or granted Form I-485 Application to Register Permanent
				  Residence or Adjust Status;
5.
				  Temporary Resident Card;
6. Court
				  order or other document indicating a grant of cancellation of removal or
				  suspension of deportation;
7. U.S.
				  Travel Document indicating that it is a Refugee Travel Document, or a Reentry
				  Permit, a Permit for Reentry or similar language;
8. Form I-94 Arrival card or other document
				  showing admission as a refugee under INA § 207;
9. Document showing asylum granted under INA
				  § 208;
10. Court order or
				  other document establishing a grant of withholding of removal or of Convention
				  Against Torture relief;
11. A valid
				  unexpired passport issued by the Republic of the Marshall Islands, the Republic
				  of Palau, or the Federated States of Micronesia with a Form I-94 form
				  documenting the applicant's most recent admission to the United States under
				  the Compact of Free Association between the United States and the nation that
				  issued the passport;
12.
				  Arrival/Departure Form I-94 or Canadian passport coded S13; or
13. Letter or tribal document establishing
				  that the person is a First Nations member born in Canada;
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 15 - RULES GOVERNING ACCEPTABLE DOCUMENTS TO ESTABLISH LEGAL PRESENCE › Section 250-15-6 - Expiration of driver's license or nondriver identification card

Current through 2024-29, July 17, 2024
A. United States citizens. A United States
				  citizen whether by birth or naturalization shall be issued a full term driver's
				  license or nondriver identification card.
B. Noncitizens with permanent legal presence.
				  A noncitizen who has permanent or unlimited duration legal presence as
				  evidenced by any document listed in Section 5.A of this chapter, shall be
				  issued a full term driver's license or nondriver identification card.
C. Limited term noncitizens.
1. Noncitizens with nonimmigrant visa status:
				  Minimum period of admission required.
A driver's license or identification card may not be issued
					 to a noncitizen with nonimmigrant visa status if the document listed in Section
					 5. B.4 through
					 5. B.6, shows that the authorized
					 period of admission, plus any applicable grace period under federal immigration
					 laws for the relevant nonimmigrant visa category, will expire fewer than 120
					 days from the date the person applies for a driver's license or nondriver
					 identification card. This restriction shall not apply to a noncitizen in
					 nonimmigrant visa status who:
a. is
				  requesting a duplicate of a previously issued and unexpired
				  credential;
b. is requesting an
				  additional endorsement added to a previously issued and unexpired
				  credential;
c. provides evidence of
				  a petition or application to extend, change or adjust immigration status
				  currently pending with immigration authorities; or
d. provides other evidence of the ability to
				  remain in the U.S. beyond the date of the nonimmigrant period of
				  admission.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 16 - RULES FOR THE COLLECTION OF DRIVER'S LICENSE REINSTATEMENT FEES › Section 250-16-1 - Purposes

Current through 2024-29, July 17, 2024
The purpose of these rules is to implement the provisions
					 of 29-A
					 M.R.S.A. §§2472(7)
					 and 2486, which require the
					 Secretary of State to collect a reinstatement fee prior to the termination of a
					 suspension or revocation and the reinstatement of a driver's license. The rules
					 establish the definition of reinstatement and procedures for calculating and
					 collecting reinstatement fees, in order to ensure consistency in agency
					 practice and reduce administrative fiscal penalties.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 16 - RULES FOR THE COLLECTION OF DRIVER'S LICENSE REINSTATEMENT FEES › Section 250-16-2 - Definitions

Current through 2024-29, July 17, 2024
Unless otherwise defined terms have the same meaning as
					 defined in 29-A M.R.S.A. For the purpose of these rules the following
					 definitions apply:
A. Reinstatement
				  means the act of restoring a license, permit, or privilege to operate once all
				  statutory conditions, including payment of any fee, have been met.
B. Court-ordered suspension means a
				  suspension ordered pursuant to §
										2605 or §
										2608.
C. Medical suspension means a suspension
				  ordered pursuant to §
										1258(5), or
				  pursuant to §
										2458(2)(D) if the
				  driver's incompetence is due to a medical condition as determined under §
										1258.
D. A major offense on a juvenile provisional
				  license means a conviction or adjudication of an offense listed in §
										2551- A(1)(A) as limited by §
										2551- A(3), when the individual
				  convicted or adjudicated of the offense is the holder of a juvenile provisional
				  license as defined by §
										2472(1).
E. Administrative suspension for OUI or
				  failure to submit to a test means a suspension under any of the following
				  sections: 2453, 2453-A, or 2521.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 16 - RULES FOR THE COLLECTION OF DRIVER'S LICENSE REINSTATEMENT FEES › Section 250-16-3 - Reinstatement fee requirement

Current through 2024-29, July 17, 2024
Except in the case of an individual who is under suspension
					 solely due to a medical suspension, the reinstatement of an individual's
					 driver's license after suspension or revocation requires payment of a
					 reinstatement fee to the Secretary of State, as specified in
					 29-A
					 M.R.S.A. §2486.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 16 - RULES FOR THE COLLECTION OF DRIVER'S LICENSE REINSTATEMENT FEES › Section 250-16-4 - No reinstatement fee for medical suspension

Current through 2024-29, July 17, 2024
A medical suspension where all other requirements for
					 reinstatement have been met shall be considered to have been set aside by the
					 Secretary of State pursuant to
					 29-A
					 MRSA §2486(3), and no
					 reinstatement fee shall be due as a result of such a
					 suspension.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 16 - RULES FOR THE COLLECTION OF DRIVER'S LICENSE REINSTATEMENT FEES › Section 250-16-5 - Amount of reinstatement fee

Current through 2024-29, July 17, 2024
At the time an individual pays a reinstatement fee, the
					 Secretary of State shall determine the total reinstatement fee owed as
					 follows:
(a) If the individual is
				  under suspension or revocation in whole or in part due to a court-ordered
				  suspension or multiple court-ordered suspensions, the amount specified in
				  29-A
				  M.R.S.A. §2486(1) shall
				  be assessed toward the total reinstatement fee.
(b) If the individual is under suspension or
				  revocation in whole or in part for an instance or multiple instances of OUI or
				  failure to submit to a test, the amount specified in
				  29-A
				  M.R.S.A. §2486(1-A)
				  shall be assessed toward the total reinstatement fee. If all instances were
				  major offenses on a juvenile provisional license, however, the provisions of
				  sub-paragraph (c) below will apply instead.
(c) If the individual is under suspension or
				  revocation in whole or in part for a major offense or multiple major offenses
				  on a juvenile provisional license, including OUI, the amount specified in
				  29-A
				  M.R.S.A. §2472(7) shall
				  be assessed toward the total reinstatement fee.
(d) If the individual is under suspension or
				  revocation in whole or in part for any other reason or reasons that is not a
				  medical suspension, the amount specified in
				  29-A
				  M.R.S.A. §2486(1) shall
				  be assessed toward the total reinstatement fee.
The four amounts listed in subsections (a) through (d)
					 above may only be assessed toward the total reinstatement fee one time each,
					 regardless of the total number of reasons the individual is
					 suspended.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 16 - RULES FOR THE COLLECTION OF DRIVER'S LICENSE REINSTATEMENT FEES › Section 250-16-6 - Reinstatement fees for OUI or failure to submit to a test and subsequent OUI conviction

Current through 2024-29, July 17, 2024
If an individual has paid the reinstatement fee for an
					 administrative suspension for OUI or failure to submit to a test as specified
					 in 29-A
					 M.R.S.A. §2486(1-A),
					 and that individual is subsequently suspended as a result of an OUI conviction
					 arising from the same incident, the amount that was previously paid shall be
					 credited toward the reinstatement fee on the subsequent
					 suspension.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 16 - RULES FOR THE COLLECTION OF DRIVER'S LICENSE REINSTATEMENT FEES › Section 250-16-7 - Reinstatement fees for OUI or failure to submit to a test and subsequent driving to endanger conviction

Current through 2024-29, July 17, 2024
If an individual has paid the reinstatement fee for an
					 administrative suspension for OUI or failure to submit to a test as specified
					 in 29-A
					 M.R.S.A. §2486(1-A),
					 and that individual is subsequently suspended as a result of a driving to
					 endanger conviction arising from the same incident, the amount that was
					 previously paid shall be credited toward the reinstatement fee on the
					 subsequent suspension. This shall not be done, however, if the period of time
					 the license was previously suspended has not been deducted from the new
					 suspension period pursuant to the requirements of
					 29-A
					 M.R.S.A.
					 §2413(3).
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 16 - RULES FOR THE COLLECTION OF DRIVER'S LICENSE REINSTATEMENT FEES › Section 250-16-8 - Administrative fee for reinstatement with an ignition interlock device

Current through 2024-29, July 17, 2024
The administrative fee described in
					 29-A
					 M.R.S.A. §2508(1) is
					 not a reinstatement fee and is not covered by these rules.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 100 - ESTABLISHMENT OF RENEWAL AGENT SERVICE FEES (FOR THE RENEWAL OF DIGITAL OPERATOR'S LICENSES) › Section 250-100-1 - PURPOSE

Current through 2024-29, July 17, 2024
To set the amount, in accordance with 29 M.R.S.A., Chapter
					 3, Subchapter II, Section § 202, that an agent appointed by the Secretary
					 of State to process operator's license renewals may charge and retain as a
					 service fee.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 100 - ESTABLISHMENT OF RENEWAL AGENT SERVICE FEES (FOR THE RENEWAL OF DIGITAL OPERATOR'S LICENSES) › Section 250-100-2 - FEE AUTHORIZATION

Current through 2024-29, July 17, 2024
In accordance with 29 M.R.S.A., Chapter 3, Subchapter II,
					 Section § 202, the amount an agent involved in the issuance of an
					 operator's license renewal may charge and retain as a service fee is set at an
					 amount up to but not to exceed five dollars ($5.00).
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 101 - ELECTRONIC LIEN TITLING PROGRAM

Current through 2024-29, July 17, 2024
The
				  adopted version of this chapter by
				  filing
				  2023-195, eff.
				  10/30/2023 is not
				  yet available.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 102 - TITLE TO MOTOR VEHICLES › Section 250-102-1 - APPLICATION BY TWO OR MORE OWNERS

Current through 2024-29, July 17, 2024
A. Signatures
				  required. The signatures of all owners shall be required upon application for
				  certificate of title or duplicate certificate of title.
B. Determination of type of ownership.
1. When an application for certificate of
				  title is filed by two or more persons, the Secretary of State will assume
				  common ownership in equal shares unless a contrary intention is
				  expressed.
2. In order to create a
				  joint ownership with right of survivorship, the application for certificate of
				  title must state "as joint tenants and not an tenants in common" or "as joint
				  tenants with rights of survivorship as such, and not as tenants in common," or
				  the application must use other language clearly expressing an intention to
				  create a joint tenancy.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 102 - TITLE TO MOTOR VEHICLES › Section 250-102-2 - TRANSFER OF TITLE

Current through 2024-29, July 17, 2024
The signatures of all owners are required to transfer
					 ownership whether the original or duplicate title was issued in joint or common
					 ownership.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 102 - TITLE TO MOTOR VEHICLES › Section 250-102-3 - TRANSFER OF TITLE UPON DEATH OF OWNER OF TITLED VEHICLE

Current through 2024-29, July 17, 2024
A. Surviving spouse. Upon the death of a
				  married resident owner of a motor vehicle registered in this state, ownership
				  of the vehicle shall pass to the surviving spouse, if no will or certificate of
				  title provides otherwise, and if permission is granted by any lienholder. ( 29
				  M.R.S.A. Section2372(5) ).
1. Surviving
				  spouse wants title in his/her name. If the surviving spouse wants title in
				  his/her name, he/she shall fulfill the following requirements:
a. The surviving spouse shall file an
				  application for Maine title and surrender the prior title.
b. The surviving spouse shall file with the
				  application a notarized affidavit stating the name of the deceased, stating the
				  date of death, and stating either that the deceased died without a will or that
				  his or her will contained no provision that the vehicle pass to someone other
				  than the surviving spouse.
c. If
				  any lien against the vehicle was not released upon the death of the owner of
				  the vehicle, the surviving spouse shall obtain from the lienholder written
				  consent to issue title to the surviving spouse.