reglab/statecodes huggingface dataset:
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 550 - VICTIMS' COMPENSATION BOARD › Chapter 8 - RULES FOR SEXUAL ASSAULT FORENSIC EXAMINATIONS › Section 550-8-1 - Forensic Examinations for Gross Sexual Assaults

Current through 2024-29, July 17, 2024
1. Maine
				licensed medical facilities and licensed health care practitioners shall be
				reimbursed from the Victims' Compensation Fund for forensic examinations
				performed on alleged victims of gross sexual assault in accordance with these
				Rules. "Gross Sexual Assault" has the meaning as found in Title 17-A sec. 253.
				"Alleged victim" means any person who alleges that he or she is a victim of
				gross sexual assault and any person who is unconscious or incapacitated due to
				mental disease, disorder or defect and is identified by law enforcement or a
				health care practitioner as the victim of gross sexual assault. The maximum
				payment by the Fund for the forensic assault examination shall not exceed the
				statutory maximum of $500.00.
A. To be
				eligible for payment, the gross sexual assault forensic examination must
				include at least all services directly related to the gathering of forensic
				evidence and related testing and treatment for pregnancy and sexually
				transmitted diseases. Licensed hospital and licensed health care practitioners
				must have available and offer to provide at least the following tests and
				treatments:
(1) Professional/practitioner's
				services
history
Physical
Collection of specimens
Treatment for the prevention of sexually transmitted
				  infection
(2) Emergency
				department
Emergency room, clinic room or office room fee
Pelvic tray
(3) Laboratory
Fixed smear for sperm
Blood testing for syphilis and Hepatitis B
HIV test
Cultures for gonorrhea, chlamydia, trichomonas and other
				  sexually transmitted diseases (STD)
(4) Pregnancy testing (blood test or
				urinalysis)
(5) Other laboratory
				tests that are required for the purpose of evidentiary examination
(6) Medications
Pregnancy prophylaxis
Sexually transmitted disease prophylaxis
One dose sedative, antidepressant or tranquilizer
Anti-emetic
The tests and treatments performed shall be based on each
				  patient's individual need and preference. If performed by a licensed hospital
				  or licensed health care practitioner, any of these listed tests and treatments
				  may be billed as part of the forensic examination.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 550 - VICTIMS' COMPENSATION BOARD › Chapter 8 - RULES FOR SEXUAL ASSAULT FORENSIC EXAMINATIONS › Section 550-8-2 - Treatment of Victims

Current through 2024-29, July 17, 2024
1. Any adult victim
				shall decide whether to report the incident to a law enforcement agency. The
				medical facility may not require an adult victim to report the incident in
				order to receive medical treatment or have forensic evidence collected.
				Evidence will be collected only where the victim has given permission. However,
				permission is not required in instances where the victim is unconscious or
				mentally incapable of consent. Should the adult victim wish to report the
				incident, the appropriate law enforcement agency shall be contacted by the
				medical facility. The licensed hospital or licensed health care practitioner
				performing a sexual assault forensic examination upon an alleged victim under
				the age of eighteen (18) shall follow the reporting rules required by
				law.
Code of Maine Rules › 28 - DEPARTMENT OF THE TREASURY › 248 - TREASURER OF STATE › Chapter 101 - LINKED INVESTMENT PROGRAM › Section 248-101-I - Definitions

Current through 2024-29, July 17, 2024
A. Agricultural enterprises. "Agricultural
				enterprise" mans a business which has its principal source of revenue the
				cultivation of the soil, the producing of crops or the raising of livestock, or
				their by-products.
A-1. Entrant to
				farming. "Entrant to farming" means a person operating an agricultural
				enterprise who (1) is less than 35 years old, or (2) has less than six years of
				experience operating an agricultural enterprise as a sole proprietor or
				majority shareholder or partner with a controlling interest, or (3) has less
				than $100,000 in assets exclusive of personal residence and in the most recent
				fiscal year, had less than $40,000 in agricultural income (or) means a
				corporation or partnership in which an owner of an agricultural enterprise who
				meets one of the previous three criteria has an ownership interest of at least
				20%.
B. Loan for agricultural
				purposes. "Loan for agricultural purposes" means a loan made to an agricultural
				enterprise for the purposes of obtaining production inputs, labor, veterinarian
				services and similar elements necessary to the operation of the enterprise.
				Such loans are also known as "operating loans."
C. Participation amount. "Participation
				amount" means that portion of the principal of a loan made under this rule,
				which is supported by a related investment of State funds, where the loan
				principal is greater than the supporting investment.
D. Qualified loan. "Qualified loan" means a
				loan made by a financial institution, which meets the criteria established by
				 5 M.R.S.A
				Section135 and this rule, for which the
				Treasurer may make a supporting investment equal to the loan principal or to
				the participation amount.
E.
				Financial institution. "Financial institution" means any bank, trust company,
				national association, savings bank, savings and loan association, federal
				savings and loan association, Agricultural Credit Association, or any state or
				federal agency which provides or may provide loans to agricultural enterprises
				for agricultural purposes.
F. State
				funds. "State funds" means only the $4,000,000 authorized for investment at a
				reduced rate of return under this program.
G. Authority. "Authority" means the Finance
				Authority of Maine.
Code of Maine Rules › 28 - DEPARTMENT OF THE TREASURY › 248 - TREASURER OF STATE › Chapter 101 - LINKED INVESTMENT PROGRAM › Section 248-101-II - Allocation of funds

Current through 2024-29, July 17, 2024
The Treasurer shall allocate the total amount of the funds
				  available for investment under
				   5 M.R.S.A.
				  Section135 to the counties of the State on
				  the basis of each county's percentage of the total State cash sales of
				  agricultural products as reported in the most recent United States Census of
				  Agriculture. Until April 1 of each year, the funds so allocated to each county
				  shall be available for investment only in support of qualified loans to
				  agricultural enterprises located in that county. After April 1 of each year,
				  the Treasurer may invest any remaining funds to support a qualified loan or
				  loans without regard to the county of location of the agricultural enterprises
				  to which the loan is made.
Code of Maine Rules › 28 - DEPARTMENT OF THE TREASURY › 248 - TREASURER OF STATE › Chapter 101 - LINKED INVESTMENT PROGRAM › Section 248-101-III - Eligibility

Current through 2024-29, July 17, 2024
An investment under this rule may be made only to support a
				  loan for agricultural purposes to the owner of an agricultural enterprise who
				  meets one of the following criteria:
A. In the prior year, obtained a loan or
				loans for agricultural purposes either under the Linked Investment Program or
				from the Farmer's Home Administration, or
B. In the most recent fiscal year incurred
				accrued interest expense on loans for agricultural purposes equal to or in
				excess of 13% of total annual cash farm operating expenditures, or
C. Is an entrant to farming.
Until April 1 of each year, funds shall be available for
				  investment only in support of loans to agricultural enterprises eligible under
				  Section III(a) and (b). After April 1 of each year, the Treasurer may invest
				  any remaining funds to support loans to entrants to farming.
Participation in the Linked Investment Program by the owner
				  of an agricultural enterprise is limited to two investment periods. However, if
				  the $4,000,000 authorization is not fully utilized in any investment period by
				  other eligible participants, an entrant to farming may participate in the
				  Program for up to two additional investment periods.
Code of Maine Rules › 28 - DEPARTMENT OF THE TREASURY › 248 - TREASURER OF STATE › Chapter 101 - LINKED INVESTMENT PROGRAM › Section 248-101-IV - Application for Investment

Current through 2024-29, July 17, 2024
A financial institution may submit an application to the
				  Treasurer to receive an investment or investments of State funds under
				   5 M.R.S.A.
				  Section135 to support a qualified loan or
				  loans. The application shall be on forms provided or approved by the Treasurer
				  and shall identify the financial institution and, for each loan, shall
A. identify the agricultural enterprises and
				its owner(s) and operator(s);
B.
				identify the loan applicant;
C.
				describe the agricultural purpose or purposes for which the loan proceeds will
				be used;
D. specify the amount of
				the loan principal or, where the loan principal is greater than the supporting
				investment, the participation amount;
E. state the interest rate, which would be
				charged if a supporting investment of State funds were not made and the rate if
				the supporting investment is made (interest rates to borrowers must fully
				reflect the interest rate savings to the institution on the State
				investment);
F. for the preceding
				year, identify all sources of loans for agricultural purposes obtained by the
				loan applicant;
G. contain a
				certification by the institution and by the loan applicant as to the accuracy
				of the information provided;
H.
				contain such other information or certifications the Treasurer may deem
				necessary to comply with the requirements of this rule, and
I. include a $100.00 reservation/application
				fee, payable to the Authority to be applied as set forth in Section XI.
Code of Maine Rules › 28 - DEPARTMENT OF THE TREASURY › 248 - TREASURER OF STATE › Chapter 101 - LINKED INVESTMENT PROGRAM › Section 248-101-V - Investment Determination

Current through 2024-29, July 17, 2024
Where the Treasurer determines that the application is
				  complete and that the criteria are met, he may approve the loan to be a
				  qualified loan and may make the supporting investment of State funds in the
				  financial institution. The investment shall be made for no longer than a one
				  year term and at an interest rate which enables the financial institution to
				  make the loan or loans included in its application and approved by the
				  Treasurer at the interest rate specified in the application. In no event shall
				  the investment be made at a rate less than 0 percent or at a rate more than 2
				  percent per year below the rate of return otherwise obtainable had the State
				  funds been invested other than under this rule, as determined by the
				  Treasurer.
Code of Maine Rules › 28 - DEPARTMENT OF THE TREASURY › 248 - TREASURER OF STATE › Chapter 101 - LINKED INVESTMENT PROGRAM › Section 248-101-VI - Limitation on Total Investments

Current through 2024-29, July 17, 2024
No chartered financial institution or any chartered financial
				  institution owned together with one or more other chartered financial
				  institutions by any parent entity authorized to do business in the State may
				  receive more than $1 million of the total amount of State funds authorized by
				  law for investment under
				   5 M.R.S.A.
				  Section135 unless the Treasurer determines,
				  in consideration of extraordinary financial need in a particular geographic
				  area of the State related to difficulty in obtaining agricultural financing,
				  that this limitation should be waived. In any event, the limitation on
				  investments by financial institution shall be waived after April 1 of each
				  year.
Code of Maine Rules › 28 - DEPARTMENT OF THE TREASURY › 248 - TREASURER OF STATE › Chapter 101 - LINKED INVESTMENT PROGRAM › Section 248-101-VII - Limitation on Amount of Investments Supporting Any Single Loan

Current through 2024-29, July 17, 2024
No single qualified loan made under this rule may be
				  supported by a related investment of State funds in an amount greater than
				  $200,000, nor may the total of all qualified loans made under this rule to a
				  single agricultural enterprise be supported by an investment or investments in
				  a total amount greater than $200,000.
Code of Maine Rules › 28 - DEPARTMENT OF THE TREASURY › 248 - TREASURER OF STATE › Chapter 101 - LINKED INVESTMENT PROGRAM › Section 248-101-VIII - Limitation on Loan Recipients

Current through 2024-29, July 17, 2024
No loan made to an officer, director or shareholder of a
				  financial institution may be a qualified loan, except for loans to shareholders
				  of Agricultural Credit Associations.
Code of Maine Rules › 28 - DEPARTMENT OF THE TREASURY › 248 - TREASURER OF STATE › Chapter 101 - LINKED INVESTMENT PROGRAM › Section 248-101-IX - State Funds Not urity for Loans

Current through 2024-29, July 17, 2024
The State Treasurer is not a lender with respect to any loan
				  made under
				  5 M.R.S.A.
				  Section135 and this rule and the investment
				  of State funds in a financial institution under this rule does not represent
				  any kind of guarantee of or security for repayment of a loan in the event of
				  default. For any loan made under
				   5 M.R.S.A.
				  Section135 and this rule, the financial
				  institution is responsible for the review of the loan application and for the
				  determination of the creditworthiness of the borrower, in accordance with its
				  own lending standards. The lender may not set off amounts invested by the
				  Treasurer of State against obligations of the borrower or any other
				  obligations.
Code of Maine Rules › 28 - DEPARTMENT OF THE TREASURY › 248 - TREASURER OF STATE › Chapter 101 - LINKED INVESTMENT PROGRAM › Section 248-101-X - Administration

Current through 2024-29, July 17, 2024
The Authority shall serve as the Treasurer's representative
				  for purposes of administering the Linked Investment Program under this rule.
				  Fame shall develop all information, forms and procedures necessary for the
				  efficient and equitable administration of this program. The Authority shall
				  advise the Treasurer as to the investment and other determinations to be made
				  under this rule.
Code of Maine Rules › 28 - DEPARTMENT OF THE TREASURY › 248 - TREASURER OF STATE › Chapter 101 - LINKED INVESTMENT PROGRAM › Section 248-101-XI - Reservation/Application Fee

Current through 2024-29, July 17, 2024
A. One half of the
				fee shall be remitted to the financial institution if the Authority receives
				notification that the associated loan is closed within 90 days of the original
				application date; or
B. The full
				fee will be remitted to the financial institution if the Authority receives
				notification that the associated loan is withdrawn within 90 days of the
				original application date; or
C. No
				portion of the fee will be remitted to the financial institution if the
				Authority has received no notice that the associated loan has been either
				closed or withdrawn within 90 days of the original application date.
For purposes of this section, "original application date"
				  shall mean the date the application is stamped as having been received by the
				  Authority.
Code of Maine Rules › 28 - DEPARTMENT OF THE TREASURY › 248 - TREASURER OF STATE › Chapter 102 - LINKED INVESTMENT PROGRAM FOR COMMERCIAL ENTERPRISES › Section 248-102-II - Eligibility

Current through 2024-29, July 17, 2024
An investment under this rule may be made only to support a
				  loan to a commercial enterprise which meets the following criteria:
A. Is a for-profit business located in the
				State;
B. Has 20 or fewer employees
				or annual sales of less than $2,500,000;
C.
1. Makes
				at least 70% of its sales of services or products out of State; provided that a
				business predominantly involved in bringing products into the State and then
				selling the same products outside the State, such as distributors, are not
				eligible; or
2 is a manufacturer as
				defined by this rule;
Code of Maine Rules › 28 - DEPARTMENT OF THE TREASURY › 248 - TREASURER OF STATE › Chapter 102 - LINKED INVESTMENT PROGRAM FOR COMMERCIAL ENTERPRISES › Section 248-102-III - Application for Investment

Current through 2024-29, July 17, 2024
A financial institution may submit an application to the
				  Treasurer to receive an investment or investments of State funds under
				   5 M.R.S.A.
				  Section135 to support a qualified loan or
				  loans to a commercial enterprise. Applications will be submitted to the
				  Authority for processing. The application shall be on forms provided or
				  approved by the Treasurer and shall identify the financial institution and, for
				  each loan, shall also:
A. Identify the
				commercial enterprise and its owner(s);
B. Describe the purpose or purposes for which
				the loan proceeds will be used;
C.
				Specify the amount of the loan principal or, where the loan principal is
				greater than the supporting investment, the participation amount;
D. State the interest rate which would be
				charged if a supporting investment of State funds were not made and the rate if
				the supporting investment is made (interest rates to borrowers must fully
				reflect the interest rate savings to the financial institution on the State
				investment);
E. Provide
				satisfactory evidence in support of the eligibility criteria set forth in
				Section II hereof;
F. Contain a
				certification by the financial institution and by the loan applicant as to the
				accuracy of the information provided;
G. Contain such other information or
				certifications the Treasurer may deem necessary to comply with the requirements
				of this rule; and
H. Include a
				non-refundable $50.00 administrative fee, provided however that the applicant
				may pay the fee within 15 days after the Authority sends the applicant
				notification that State funds will be invested with respect to a particular
				qualified loan. If the Authority does not receive the administrative fee within
				15 days of sending the applicant a notification of approval, the application
				will be deemed to have been withdrawn.
Code of Maine Rules › 28 - DEPARTMENT OF THE TREASURY › 248 - TREASURER OF STATE › Chapter 102 - LINKED INVESTMENT PROGRAM FOR COMMERCIAL ENTERPRISES › Section 248-102-IV - Investment Determination

Current through 2024-29, July 17, 2024
Where the Treasurer determines that the application is
				  complete and that the applicable criteria are met, he may designate the loan as
				  a qualified loan and may make the supporting investment of State funds in the
				  financial institution. The investment shall be made for no longer than a one
				  year term (the investment period) and at an interest rate which enables the
				  financial institution to make the loan or loans included in its application and
				  approved by the Treasurer at the interest rate specified in the application. In
				  no event shall the investment be made at a rate less than 0 percent or at a
				  rate more than 2 percent per year below the rate of return otherwise obtainable
				  from that financial institution had the State funds been otherwise invested, as
				  determined by the Treasurer.
Upon designation by the Treasurer as a qualified loan, the
				  Authority shall notify the financial institution of such designation.
				  Thereafter, the financial institution shall notify the Authority that it has
				  made or will make a qualified loan or loans, whereupon the financial
				  institution and the Treasurer shall enter into a written agreement pursuant to
				  which the Treasurer shall make the supporting investment. The agreement shall
				  set forth the rate of interest of the supporting investment which shall, except
				  as limited below, be 2 percent below the current rate of interest offered by
				  the financial institution as of the date of the agreement between the Treasurer
				  and the financial institution, but in any event not less than 0 percent.
Code of Maine Rules › 28 - DEPARTMENT OF THE TREASURY › 248 - TREASURER OF STATE › Chapter 102 - LINKED INVESTMENT PROGRAM FOR COMMERCIAL ENTERPRISES › Section 248-102-VI - Limitations on Amount of Investments Supporting Any Single Loan

Current through 2024-29, July 17, 2024
No single qualified loan made under this rule may be
				  supported by a related investment of State funds in an amount greater than
				  $200,000, nor may the total of all qualified loans made under this rule to a
				  single commercial enterprise be supported by an investment or investments in a
				  total amount greater than $200,000.
Code of Maine Rules › 28 - DEPARTMENT OF THE TREASURY › 248 - TREASURER OF STATE › Chapter 102 - LINKED INVESTMENT PROGRAM FOR COMMERCIAL ENTERPRISES › Section 248-102-VII - Limitation on Loan Recipients

Current through 2024-29, July 17, 2024
No loan made to an officer or director of the financial
				  institution making the loan and seeking a supporting investment therefor may be
				  a qualified loan.
Code of Maine Rules › 28 - DEPARTMENT OF THE TREASURY › 248 - TREASURER OF STATE › Chapter 102 - LINKED INVESTMENT PROGRAM FOR COMMERCIAL ENTERPRISES › Section 248-102-VIII - State Funds Not urity for Loans

Current through 2024-29, July 17, 2024
The State Treasurer is not a lender with respect to any loan
				  made under
				  5 M.R.S.A.
				  Section135 and this rule and the investment
				  of State funds in a financial institution under this rule does not represent
				  any kind of guarantee of or security for repayment of a loan in the event of a
				  default. For any loan made under
				   5 M.R.S.A.
				  Section135 and this rule, the financial
				  institution is responsible for the review of the loan application and for the
				  determination of the creditworthiness of the borrower, in accordance with its
				  own lending standards. The lender may not set off amounts invested by the
				  Treasurer of State against obligations of the borrower or any other
				  obligations.
Code of Maine Rules › 28 - DEPARTMENT OF THE TREASURY › 248 - TREASURER OF STATE › Chapter 102 - LINKED INVESTMENT PROGRAM FOR COMMERCIAL ENTERPRISES › Section 248-102-IX - Administration

Current through 2024-29, July 17, 2024
The Authority shall serve as the Treasurer's representative
				  for purposes of administering the Linked Investment Program for Commercial
				  Enterprises under this rule. The Authority shall develop all information, forms
				  and procedures necessary for the efficient and equitable administration of this
				  program. The Authority shall advise the Treasurer as to the investments and
				  other determinations to be made under this rule. The Authority may charge an
				  administrative fee to the financial institution at the time of
				  application.
Code of Maine Rules › 28 - DEPARTMENT OF THE TREASURY › 248 - TREASURER OF STATE › Chapter 102 - LINKED INVESTMENT PROGRAM FOR COMMERCIAL ENTERPRISES › Section 248-102-X - Priority of Applications

Current through 2024-29, July 17, 2024
A. Renewal
				applications will have first priority for available funds. Priority will only
				be accorded to those renewal applications received within 30 days of the
				Authority sending to a financial institution a notice of pending termination
				from the Authority.
B.
1. Applications other than renewal
				applications will be accepted starting on the first business day of January,
				annually.
2 Applications will be
				processed with priority determined by the order of arrival of applications at
				the Authority. All applications arriving the same day shall be deemed to have
				arrived simultaneously. In the event that there are insufficient funds
				available for investment for all applications arriving on any day, applications
				will be prioritized with the application for a qualified loan creating or
				retaining the greatest numbers of jobs per dollar receiving the highest
				priority. The Authority may in its discretion determine that the number of jobs
				to be created or retained as stated in the application is not realistic and may
				reduce or increase the amount stated. Any determination by the Authority of
				jobs to be created or retained shall be final.
3 Applications will be processed and
				prioritized based on funds available or projected to be available within the
				calendar year in which the application is received. Any application received
				after all funds or projected funds for that calendar year have been allocated
				shall be recorded in order of priority as set forth in subsection B.2. of this
				Section X and returned to the applicant. In the event unanticipated funds
				become available, applicants shall be notified in the order of the arrival of
				the original application. The applicant must reapply within 15 days of the
				Authority's sending of a notice of availability of funds.
Code of Maine Rules › 28 - DEPARTMENT OF THE TREASURY › 248 - TREASURER OF STATE › Chapter 102 - LINKED INVESTMENT PROGRAM FOR COMMERCIAL ENTERPRISES › Section 248-102-XI - Transition

Current through 2024-29, July 17, 2024
Notwithstanding anything to the contrary in this rule, any
				  application for an otherwise qualified loan received at the Authority on or
				  prior to the effective date of Amendment Two to this Rule may be funded as
				  State funds become available, in the order received. No applications will be
				  accepted between the effective date of this Amendment Two and the first
				  business day of January, 1995 unless the Treasurer issues a notice of
				  availability of State funds during this time period.
Code of Maine Rules › 28 - DEPARTMENT OF THE TREASURY › 248 - TREASURER OF STATE › Chapter 104 - CERTAIN PAYMENTS NOT IMMEDIATE › Section 248-104-I - General

Current through 2024-29, July 17, 2024
In accordance with the Act, the Treasurer of the State and
				  the State Controller have established the rules and regulations set forth in
				  sections I to VIII, inclusive, governing the procedures to accept payments
				  using automated procedures, electronic processes and computer driven technology
				  that is not immediately deposited into the State
				  Treasury.
Code of Maine Rules › 28 - DEPARTMENT OF THE TREASURY › 248 - TREASURER OF STATE › Chapter 104 - CERTAIN PAYMENTS NOT IMMEDIATE › Section 248-104-II - Definitions

Current through 2024-29, July 17, 2024
As used in sections I through VII, inclusive, unless the
				  context otherwise requires, the words and terms defined in this section, have
				  the meanings ascribed to them below.
A.
State
. "State" means the
				State of Maine.
B.
3rd Party Payment Processor
.
				"3rd Party Payment Processor" means a financial
				service provider who accepts and transmits payment from a consumer to the
				State.
Code of Maine Rules › 28 - DEPARTMENT OF THE TREASURY › 248 - TREASURER OF STATE › Chapter 104 - CERTAIN PAYMENTS NOT IMMEDIATE › Section 248-104-III - Duties of a Department or Agency

Current through 2024-29, July 17, 2024
A. Department or
				Agency seeking to contract with a 3rd Party Payment
				Processor must use the State's procurement process to issue a request for
				proposal (RFP) to select a vendor.
B. Must report to the State Controller and
				Treasurer of State the winner of the RFP for final approval. The Treasurer of
				State has the authority to deny the use of a selected winner.
C. Must have ability to review current
				balances of accounts held with vendor.
Code of Maine Rules › 28 - DEPARTMENT OF THE TREASURY › 248 - TREASURER OF STATE › Chapter 104 - CERTAIN PAYMENTS NOT IMMEDIATE › Section 248-104-IV - Duties and Powers of the Treasurer of State

Current through 2024-29, July 17, 2024
A. The Treasurer of
				State or designee shall review all proposed 3rd
				Party Payment Processors and provide approval or denial for each
				request.
B. Track all approved
				vendors.
C. Must have ability to
				review current balances of accounts held with each vendor.
Code of Maine Rules › 28 - DEPARTMENT OF THE TREASURY › 248 - TREASURER OF STATE › Chapter 104 - CERTAIN PAYMENTS NOT IMMEDIATE › Section 248-104-V - Duties and Powers of the State Controller

Current through 2024-29, July 17, 2024
The State Controller or designee shall review all proposed
				  vendors and make a recommendation to the State Treasurer to approve or deny as
				  a 3rd Party Payment
				  Processor.
Code of Maine Rules › 28 - DEPARTMENT OF THE TREASURY › 248 - TREASURER OF STATE › Chapter 104 - CERTAIN PAYMENTS NOT IMMEDIATE › Section 248-104-VI - Prohibitions against deductions

Current through 2024-29, July 17, 2024
Nothing in these rules waive prohibitions against deductions
				  on account of salaries, fees, costs, charges, expenses, refunds, claims or
				  demands of any description what so ever.
Code of Maine Rules › 28 - DEPARTMENT OF THE TREASURY › 248 - TREASURER OF STATE › Chapter 104 - CERTAIN PAYMENTS NOT IMMEDIATE › Section 248-104-VII - Requirements for a 3[rd] Party Payment Processor

Current through 2024-29, July 17, 2024
A. The State shall
				not be held liable for funds collected until funds have been received by the
				State in its primary deposit account.
B. Funds shall be deposited into the State
				Treasury within 3 business days of initial payment.
C. Must make payee aware that funds will not
				be immediately deposited into the State Treasury.
Code of Maine Rules › 28 - DEPARTMENT OF THE TREASURY › 248 - TREASURER OF STATE › Chapter 104 - CERTAIN PAYMENTS NOT IMMEDIATE › Section 248-104-VIII - Accounts Not Insured by or Obligation of the State

Current through 2024-29, July 17, 2024
Accounts are not insured by the State and any principal
				  contributed and any investment return in an account is not guaranteed by the
				  State. Sections I to VII, inclusive, may not be construed to create any
				  obligation of the Treasurer of State, the State or any agency or
				  instrumentality of the State, to guarantee for the benefit of any account owner
				  or designated beneficiary the return of principal, any rate of interest or any
				  payment of interest or other return on any account.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Office of the Secretary of State › Chapter 900 - RULES FOR THE ADMINISTRATION OF THE ADDRESS CONFIDENTIALITY PROGRAM › Section 250-900-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
A.
Authorization Card/Letter
.
				  Card or letter issued by the Secretary of State to a program participant upon
				  certification, which includes program participant's name, authorization code,
				  designated address, certification expiration date, and voter code.
B.
Authorization Code
. A number
				  assigned to a program participant upon acceptance into the program.
C.
Application
. Standard
				  application form provided by the Secretary of State which must be completed by
				  an applicant with an application assistant as defined by 5 MRSA
				  §90-B(1).
D.
Application
				  Assistant
. An employee of a state or local agency, or of a nonprofit
				  program that provides counseling, referral, shelter or other specialized
				  service to victims of domestic abuse, rape, sexual assault, or stalking and who
				  has been designated by the respective agency, and trained, accepted and
				  registered by the Secretary of State to assist individuals in the completion of
				  program participation applications.
E.
Certification
. The process by
				  which an applicant is determined eligible to participate in the
				  program.
F.
Program
.
				  The Address Confidentiality Program established by 5 MRSA §90-B.
G.
Program Participant
. A person
				  certified by the Secretary of State to participate in the Address
				  Confidentiality Program.
H.
Program Manager
. Employee of the Office of the Secretary of State
				  designated by the Secretary to administer the Address Confidentiality Program
				  pursuant to 5 MRSA §90-B.
I.
Voter Code
. A number assigned to a program participant upon
				  acceptance into the program which is to be used for identification purposes
				  when registering to vote or when voting.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Office of the Secretary of State › Chapter 900 - RULES FOR THE ADMINISTRATION OF THE ADDRESS CONFIDENTIALITY PROGRAM › Section 250-900-2 - APPLICATION ASSISTANT CERTIFICATION

Current through 2024-29, July 17, 2024
A. All
				  application assistants must be certified by the Secretary of State's office to
				  participate in this program.
B.
				  Application Assistant Certification will only be awarded when the prospective
				  application assistant:
1. is a service
				  provider or works with an agency and can demonstrate to the Secretary relevant
				  qualifications to work with victims of domestic abuse, rape, sexual assault or
				  stalking;
2. successfully completes
				  any program orientation or training session sponsored by the Office of the
				  Secretary of State;
3. completes an
				  application for prospective application assistants which includes the
				  applicant's name, address, service provider or agency, supervisor's name,
				  relevant qualifications;
4. agrees
				  to adhere to the policies, procedures and directions provided by the Address
				  Confidentiality Program program manager for rendering assistance to program
				  applicants; and,
5. agrees to
				  adhere to the instructions and terms provided in the application assistant
				  agreement.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Office of the Secretary of State › Chapter 900 - RULES FOR THE ADMINISTRATION OF THE ADDRESS CONFIDENTIALITY PROGRAM › Section 250-900-3 - Program Participant Application and Certification Process

Current through 2024-29, July 17, 2024
A. A program applicant shall complete, date,
				  sign, and provide all the information required under 5 MRSA §90-B(2), and
				  as requested on the standard application form and the authorization card form
				  provided by the Secretary of State. The application shall include an
				  attestation by the applicant that disclosure of the applicant's address
				  threatens the safety of the applicant or the applicant's children or the minor
				  or incapacitated person on whose behalf the application is made. An applicant
				  shall specify a Maine state residential address, work or school addresses in
				  Maine for which confidentiality is requested. The standard application form
				  shall include, but not be limited to, the application preparation date, and the
				  signature and certification number of the application assistant who assisted
				  the applicant in applying to become a program participant, as provided in 5
				  MRSA §90-B(2).
B. A properly
				  completed application shall be effective on the day that it is certified by the
				  Program Manager.
C. An individual
				  who is certified as a program participant shall be issued a program
				  participant's authorization card/letter which includes her or his name,
				  authorization code, designated address, certification expiration date, and
				  voter code.
D. The term of a
				  program participant's certification shall be four years following the effective
				  date of her or his application unless the certification is withdrawn or
				  cancelled before that date pursuant to 5 MRSA §90-B(3) or 29-250 Chapter
				  900 §4.
E. If there is a
				  change in the program participant's residential address from the one listed on
				  the application, the program participant shall notify the Program Manager in
				  writing of such change within 10 days of the change in residence.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Office of the Secretary of State › Chapter 900 - RULES FOR THE ADMINISTRATION OF THE ADDRESS CONFIDENTIALITY PROGRAM › Section 250-900-4 - Cancellation of Program Certification

Current through 2024-29, July 17, 2024
A.
				  Program certification shall be canceled if any of the following occur:
1. The program participant fails to notify
				  the Program Manager in writing of a change in the program participant's
				  residential address within 10 days;
2. The program participant discloses his or
				  her residential address to the batterer, stalker, or perpetrator of sexual
				  assault; or,
3. Any one of the
				  cancellation conditions provided for by 5 MRSA §90-B(3).
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Office of the Secretary of State › Chapter 900 - RULES FOR THE ADMINISTRATION OF THE ADDRESS CONFIDENTIALITY PROGRAM › Section 250-900-5 - Exercise of Program Participant's Privileges

Current through 2024-29, July 17, 2024
A. A program participant shall request, at
				  the time of creation of a new record, that an agency use the designated address
				  assigned by the Secretary of State as her or his residential or mailing
				  address.
B. A program participant
				  shall show her or his authorization card/letter to the agency official creating
				  a new record and request address confidentiality through use of the designated
				  address in lieu of her or his actual location. The designated address shall
				  appear on the program participant's authorization card.
C. Authorized personnel may make a file
				  photocopy of the authorization card/letter and shall immediately return the
				  authorization card/letter to the program participant.
D. An agency shall accept the designated
				  address unless the agency has received a written record exemption determination
				  from the Office of the Secretary of State.
E. An agency shall not question the program
				  participant about the details or circumstances of her or his inclusion in the
				  program. Rather, the agency shall accept the determination made by the
				  Secretary of State that she or he is a qualified program participant.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Office of the Secretary of State › Chapter 900 - RULES FOR THE ADMINISTRATION OF THE ADDRESS CONFIDENTIALITY PROGRAM › Section 250-900-6 - Program Participant Renewal

Current through 2024-29, July 17, 2024
A. A program
				  participant may renew her or his program participation by filing a properly
				  completed renewal form with the Address Confidentiality Program program
				  manager. The renewal form shall be sent to the participant at least 4 weeks
				  before the expiration of the current authorization. Upon receipt of the new
				  authorization card/letter, the participant shall destroy her or his expired
				  card and return it to the Secretary of State.
B. The program manager shall certify a
				  program participant, who has filed a properly completed certification renewal
				  form, to participate in the program for an additional four-year term unless the
				  certification is withdrawn or cancelled before that date.
C. Upon renewal, the program manager shall
				  issue to the program participant a new authorization card/letter which includes
				  the program participant's name, authorization code, designated mailing address,
				  certification expiration date, and voter code.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Office of the Secretary of State › Chapter 900 - RULES FOR THE ADMINISTRATION OF THE ADDRESS CONFIDENTIALITY PROGRAM › Section 250-900-7 - Agency Exemption Request

Current through 2024-29, July 17, 2024
A. An agency
				  requesting an exemption under 5 MRSA §90-B(5)(B), must provide in writing
				  to the Secretary of State:
1. identification
				  of the statute or administrative rule which demonstrates the agency's bona fide
				  requirement and authority for the use of the actual address of an
				  individual;
2. identification and
				  description of the specific record or record series for which the exemption is
				  requested;
3. identification of the
				  individuals who will have access to the record;
4. an explanation of why the agency cannot
				  meet its statutory or administrative obligations by a change in its internal
				  procedures.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Office of the Secretary of State › Chapter 900 - RULES FOR THE ADMINISTRATION OF THE ADDRESS CONFIDENTIALITY PROGRAM › Section 250-900-8 - Disclosure To Law Enforcement

Current through 2024-29, July 17, 2024
A. A law
				  enforcement officer requesting a program participant's address under 5 MRSA
				  §90-B(5)(A), must provide the request to the Secretary of State or the
				  Secretary's designee. The Secretary or designee may accept a verbal request or
				  may require a request to be in writing. The request must contain:
1. the reason the address is required by that
				  law enforcement officer or agency;
2. identification and description of the
				  specific record or record series for which the exemption is
				  requested;
3. identification of the
				  individuals who will have access to the record;
4. an explanation of why the law enforcement
				  agency cannot meet its obligations by a change in its internal
				  procedures.
5. identification of
				  the requesting individual's direct supervisor and contact information for that
				  supervisor.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Office of the Secretary of State › Chapter 900 - RULES FOR THE ADMINISTRATION OF THE ADDRESS CONFIDENTIALITY PROGRAM › Section 250-900-9 - Service Of Process

Current through 2024-29, July 17, 2024
A. The Secretary of
				  State shall be an agent of the program participant upon whom any summons, writ,
				  notice, demand, or process may be served.
B. Service on the Secretary of State of any
				  such summons, writ, demand, notice, or process shall be made by mailing to the
				  designated address or by delivering to the Secretary of State at his/her office
				  two copies of the summons, writ, notice, demand, or process.
C. If a summons, writ, notice, demand, or
				  process is served on the Secretary of State, the Secretary of State shall
				  immediately forward a copy to the program participant at the participant's
				  current mailing address shown on the records of the program.
D. The Secretary of State shall maintain, in
				  the program participant's file, a record of all summonses, writs, notices,
				  demands, and processes served upon the Secretary of State for that participant.
				  The Secretary of State shall include in the file the date of such service and
				  the Secretary of State's action.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Office of the Secretary of State › Chapter 950 - RULES GOVERNING THE USE OF DIGITAL SIGNATURES › Section 250-950-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
A.
Digital Signature
: A
				  computer-created Electronic Signature that:
1. Is intended by the person using it to have
				  the same force and effect as the use of a manual signature;
2. Is unique to the person using it;
3. Is capable of verification;
4. Is under the sole control of
				  the person using it; and
5. Is
				  linked to data in such a manner that it is invalidated if the data are changed.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Office of the Secretary of State › Chapter 950 - RULES GOVERNING THE USE OF DIGITAL SIGNATURES › Section 250-950-2 - DIGITAL SIGNATURE ELEMENTS

Current through 2024-29, July 17, 2024
The process of creating a Digital Signature has four
					 mandatory elements:
Authentication
,
Signature
					 Ceremony
,
Verification
, and
Tamper-Resistance
.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Office of the Secretary of State › Chapter 950 - RULES GOVERNING THE USE OF DIGITAL SIGNATURES › Section 250-950-3 - AUTHENTICATION

Current through 2024-29, July 17, 2024
A. Authentication establishes the unique
				  identity of a Signer as the official of the organization using Digital
				  Signatures in transactions involving a State Agency.
B. Authentication is determined by three
				  standard factors:
1.
Knowledge
,
				  meaning something the Signer knows. Examples include, without limitation, user
				  name, password, pass phrase, PIN, and answers to security questionnaire.
2.
Possession
,
				  meaning something the Signer has. Examples include, without limitation, a key
				  fob, and a smart card.
3.
Intrinsic
, meaning something the Signer is. Examples include,
				  without limitation, biometrics, such as fingerprint or retina scan.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Office of the Secretary of State › Chapter 950 - RULES GOVERNING THE USE OF DIGITAL SIGNATURES › Section 250-950-4 - SIGNATURE CEREMONY

Current through 2024-29, July 17, 2024
A. The Signature
				  Ceremony is the actual act of affixing a Digital Signature, and serves as the
				  unambiguous substitute for affixing a manual ink signature.
B. The Signer must re-furnish Authentication
				  credentials during the Signature Ceremony.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Office of the Secretary of State › Chapter 950 - RULES GOVERNING THE USE OF DIGITAL SIGNATURES › Section 250-950-5 - VERIFICATION

Current through 2024-29, July 17, 2024
Verification is the evidence confirming that the Signer is
					 indeed the person whom the Signer claims to be, and that this same person
					 actually affixed the Digital Signature. The evidence may include, without
					 limitation, Hashes of credentials, and/or timestamps, and/or
					 screen-captures.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Office of the Secretary of State › Chapter 950 - RULES GOVERNING THE USE OF DIGITAL SIGNATURES › Section 250-950-6 - TAMPER-RESISTANCE

Current through 2024-29, July 17, 2024
Tamper-Resistance is the raising of an explicit alert
					 should the Digital Signature be compromised. The compromise could be with
					 respect to the document contents, and/or the identity of the Signer, and/or the
					 timestamp of the Digital Signature. At a minimum, this requires the visual
					 display or audio communication of a prominent and explicit message stating that
					 the Digital Signature is no longer valid.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Office of the Secretary of State › Chapter 950 - RULES GOVERNING THE USE OF DIGITAL SIGNATURES › Section 250-950-7 - USER EDUCATION

Current through 2024-29, July 17, 2024
A. User Education
				  is a critical component for ensuring the viability of Digital Signatures.
B. The integrity of Digital
				  Signatures rests upon the confidentiality of Authentication credentials.
				  Signers must never share their Authentication credentials with anybody else.
C. Any State Agency using Digital
				  Signatures must make it an explicit performance expectation for all its Signers
				  to safeguard the confidentiality of their Authentication credentials.