reglab/statecodes huggingface dataset:
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 178 - ADAPTIVE EQUIPMENT LOAN PROGRAM FUND BOARD › Chapter 503 - KIM WALLACE ADAPTIVE EQUIPMENT LOAN PROGRAM UNDERWRITING GUIDELINES › Section 178-503-III - Loan Underwriting Guidelines for the AELP Business Loan Program

Current through 2024-29, July 17, 2024
Section 1.
STATEMENT OF PURPOSE
The founding intent and essential purpose of the Kim Wallace
				  Adaptive Equipment Loan Program ("AELP") is to provide financing for
				  individuals within the State of Maine for the purchase of adaptive equipment or
				  assistive technology that will help them live more independently. Per statute,
				  there are funds available through a business loan program. These funds can be
				  lent to a qualified business corporation or partnership which demonstrates that
				  the loan will assist one or more persons with disabilities to improve their
				  independence or become more productive members of the community. The AELP Board
				  may make loan funds available to qualified borrowers or businesses for approved
				  purposes in accordance with the program rule. The board, or any entity with
				  which the board is contracted to provide financial support services, may award
				  loans based on the following program guidelines.
Section 2.
PROCEDURES AND
				STANDARDS
Loan applications shall be processed according to the
				  procedures and standards set forth in the
Kim Wallace Adaptive
				  Equipment Loan Program Rule
, 94-178 Chapter 501, ("the Program Rule.
				  Where applicable, the definitions of terms contained in Section
				  1 of the Program Rule apply to the
				  terms as they are used in these underwriting guidelines. To the extent
				  consistent with the Act and the Program Rule, the following underwriting
				  guidelines shall supplement the Program Rule.
Section 3.
LOAN INTEREST RATES
The AELP business loan interest rate is based on the Federal
				  Open Market Committee U.S.
Prime Rate
, as reported by the
Wall Street Journal
bank survey
https://www.bankrate.com/rates/interest-rates/wall-street-prime-rate/
.
The qualified borrower can expect to receive an interest rate reflective of the
				  current interest market and the applicant's qualifications.
The three available interest rates are:
Prime -1
										Prime
										Prime +1
For further information on how this rate is determined, refer
				  to the "
AELP Business Loan Matrix"
companion (
Appendix
				  1
) to these written guidelines.
Section 4.
UNDERWRITING GUIDELINES FOR
				THE AELP BUSINESS LOAN PROGRAM
A.
Loan Periods.
The term of each loan shall be based on the
				applicant's circumstances and the useful life of the collateral.
1. Building Modifications- up to 10
				years
2. New vehicles that need
				adaptations- up to 7 years
3. Used
				vehicles that need adaptations- up to 6 years
4. Lifts and elevators-up to 20
				years
5. Other - If the AELP
				business loan program has not established a loan period for a specific type of
				adaptive equipment or assistive technology knowledgeable individuals will be
				consulted to determine and assess the expected useful life.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 178 - ADAPTIVE EQUIPMENT LOAN PROGRAM FUND BOARD › Chapter 503 - KIM WALLACE ADAPTIVE EQUIPMENT LOAN PROGRAM UNDERWRITING GUIDELINES › Appendix 178-503-1 - Business Loan Matrix

Current through 2024-29, July 17, 2024
Risk Rating
1
Superior
2
Desirable
3
Acceptable
4
Marginal
5
Substandard
6
Doubtful
7
Loss
Credit History
-
(suggested range)
Clear
- (750+)
3 Derog max 0>30 days
(700-749)
5 Derog max 1>60 days
(650-699)
5 Derog max 1>60 days
(575-649)
Some >90 days
- (500-574)
Many >90 days
- (450-499)
Bankruptcy
/Charge offs (Below 450)
Cash Flow
2 years +
1.3:1
1 year +
1.15-1.25:1
1 year +
1.1-1.15:1
0.8-1.1:1
0.6-0.79:1
0.5-0.6:1
Insufficient or Pro Forma
Debt Ratio
38% max
40% max
45% max
48% max
Over 48%
Over 50%
Over 55% or Pro Forma
Lien Position
1st
2nd
Unsecured or
>LTV
LTV
<70%
<80%
<90%
<95%
96%-100%
100 -101%
101 - 105%
Management Exp
6 years +
5 years +
4 years +
3 years +
2 years +
1 years +
> 1 year experience
Risk Factor Credit History
A Rank (1-7)
B Weight 25%
AxB Total 0
Score of 1 - 3.99 = Approval
Score of >= 4.00 = Denial
Cash Flow
40%
0
Debt Ratio
5%
0
Lien Position
5%
0
LTV
10%
0
Score of 1-1.99 = Prime -1
Management Exp.
15%
0
Score of 2-2.99 = Prime
Total Score
0
100%
0
Score of 3-3.99 = Prime +1
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 270 - COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES › Chapter 1 - PROCEDURES › Section 270-1-2 - ORGANIZATION

Current through 2024-29, July 17, 2024
1.
Commission
. The Commission on
				Governmental Ethics and Election Practices is an independent agency of the
				State, consisting of five (5) members appointed by the Governor, subject to
				review by the joint standing committee of the Legislature having jurisdiction
				over legal affairs and confirmation by the Legislature in accordance with
				Title 1,
				§1002, subsection
				1. The Commission members will
				elect one member to serve as Chair. Except for the Chair, the members of the
				Commission have no individual authority.
2.
Office
A. The Commission employs such staff as may
				be authorized by the Legislature. A Director supervises the staff and is
				responsible for all day-to-day operations. In the interim between Commission
				meetings, the Director reports to the Chair, who acts on behalf of the
				Commission on certain administrative matters. The Commission's offices are
				located at 45 Memorial Circle in Augusta, where any filing or written
				submission may be made between the hours of 8 a.m. and 5 p.m. on any day when
				state government offices are open, except that filings by facsimile or
				electronic means, where otherwise permitted by statute or rule, may be
				transmitted at any time. The office has a mailing address of 135 State House
				Station, Augusta, Maine 04333.
B.
				All records of the Commission are maintained in these offices, where they are
				available for inspection or copying, except as particular records are made
				confidential by law. The cost of copying Commission documents is set by the
				Director of the Commission, subject to reasonable limitations and approval of
				the Commission.
C. During any
				period when the position of Director is vacant, the Chair of the Commission
				will appoint an acting Director.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 270 - COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES › Chapter 1 - PROCEDURES › Section 270-1-4 - INITIATION OF PROCEEDINGS

Current through 2024-29, July 17, 2024
1.
Legislative Ethics
. The Commission is authorized to investigate
				and make advisory recommendations to either House of the Maine Legislature
				concerning legislative conflicts of interest or any breach of the legislative
				ethics set forth in
				1 M.R.S.A.
				§§1001 -
				1023. The Commission's opinion may
				be sought by three methods, or the Commission may act on its own motion.
A.
Legislator's Own Conduct
(1) A Legislator seeking an advisory opinion
				with respect to his or her own circumstances or conduct should make a written
				request for an opinion, setting forth the pertinent facts with respect to the
				legislative matter at issue and the circumstances of the Legislator giving rise
				to the inquiry.
(2) The request
				will be officially filed only when received at the offices of the Commission.
				The Director will promptly send a copy of the request to the Chair, and the
				matter will be placed on the agenda for the next Commission meeting, or if
				necessary, at a special meeting.
(3) An oral request by a Legislator for an
				opinion with respect to his or her own circumstances will not be considered an
				official request for an advisory opinion, and a Legislator making such a
				request will be so notified, by letter, and encouraged to file a written
				request.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 270 - COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES › Chapter 1 - PROCEDURES › Section 270-1-5 - FACT FINDING AND INVESTIGATIONS

Current through 2024-29, July 17, 2024
1.
Before
				Commission Meeting
. With respect to any inquiry, complaint, or request
				for Commission action properly filed in accordance with the preceding section,
				or any potential violation that comes to the attention of Commission staff
				through an audit or review of reports, the Director may conduct such
				preliminary investigation as is deemed prudent and desirable. If the
				preliminary investigation suggests that a complaint is without factual basis,
				the Director may inquire with the person filing the complaint whether he wishes
				to withdraw the request for further investigation. When a matter is ready for
				presentation to the Commission, the Director, in consultation with Counsel,
				will prepare a summary of findings and recommendations for inclusion on the
				agenda.
2.
By the
				Commission
. Once any matter is reached on the agenda of a Commission
				meeting, the Commission will control any further investigation or proceedings.
				No hearings will be held except by direction of the Commission. On a
				case-by-case basis, the Commission may authorize its Chair, Director, or any ad
				hoc committee of its members, to conduct further investigative proceedings on
				behalf of the Commission between Commission meetings. Any authorization so
				conferred will be fully reflected in the minutes of the Commission meeting.
				Consultations between the Commission and its Counsel concerning an
				investigation (including the issuance of subpoenas) where premature public
				knowledge of the investigation would place the Commission or another
				investigatory office at a substantial disadvantage may be held in executive
				session pursuant to
				1 M.R.S.A.
				§§405(6)(E),
				1005, and 1013(3-A).
3.
Use of Commission's Subpoena
				Power.
The Chair is authorized to issue subpoenas in the name of the
				Commission to compel the attendance of witnesses or the production of records,
				documents or other evidence when the Chair and the Commission's Counsel are in
				agreement that the testimony or evidence sought by the subpoena is necessary to
				disposition of the matter; and to issue any subpoena in the name of the
				Commission on behalf of any person having a statutory right to an agency
				subpoena. Any oral testimony compelled by a subpoena issued by this provision
				will be presented to the Commission or its staff.
4.
Hearings.
The Commission may
				hold a hearing to receive testimony under oath. Any hearing must be conducted
				in accordance with the
Maine Administrative Procedure Act
[5
				M.R.S.A. §§8001
et
				seq.
] and Chapter 2 of the Commission's Rules.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 270 - COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES › Chapter 1 - PROCEDURES › Section 270-1-7 - EXPENDITURES

Current through 2024-29, July 17, 2024
1.
Expenditures by Consultants,
				Employees, and Other Agents of a Political Campaign
A. Each expenditure made on behalf of a
				candidate, political committee, or political action committee by any person,
				agency, firm, organization, etc., employed or retained for the purpose of
				organizing, directing, managing or assisting the candidate, the candidate's
				committee, or the political action committee must be reported separately by the
				candidate or committee as if made or incurred by the candidate or committee
				directly. The report must include the name of the third party vendor or payee
				to whom the expenditure was made, the date of the expenditure, and the purpose
				and amount of the expenditure. It is not sufficient to report only the total
				retainer or fee paid to the person, agency, firm, organization, etc., if that
				retainer or fee was used to pay third party vendors or payees for
				campaign-related goods and services.
B. If a candidate or committee has paid a
				media buyer, advertising consultant or similar contractor to purchase
				advertising time or for the production of television or radio advertising, the
				candidate or committee may disclose the advertising time and production costs
				in the aggregate, rather than itemizing each payment made by the contractor to
				a third party vendor or payee.
Maine Clean Election Act
candidates must obtain from their contractor(s) documentation of every payment
				of $50 or more made on their behalf by a contractor or subcontractor related to
				television or radio advertising.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 270 - COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES › Chapter 1 - PROCEDURES › Section 270-1-8 - PROHIBITED COMMUNICATIONS

Current through 2024-29, July 17, 2024
Commission members shall not discuss any specific case under
				  investigation, or any case which may reasonably be expected to be the subject
				  of investigation, as long as the matter is pending before the Commission.
				  Members of the Commission may discuss its final determination regarding the
				  matter with members of the press or other interested persons only after the
				  appeal period has expired and no appeal is filed, or if an appeal is filed,
				  only after the appellant has exhausted all administrative or judicial
				  remedies.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 270 - COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES › Chapter 1 - PROCEDURES › Section 270-1-10 - REPORTS OF INDEPENDENT EXPENDITURES

Current through 2024-29, July 17, 2024
1.
General
. Any person, party committee, political committee or
				political action committee that makes any independent expenditure in excess of
				$250 per candidate in an election must file a report with the Commission
				according to this section.
2.
Definitions
. For purposes of this section, the following phrases
				are defined as follows:
A. "Clearly
				identified," with respect to a candidate, has the same meaning as in Title
				21-A, chapter 13, subchapter II.
B.
				"Expressly advocate" means any communication that
(1) uses phrases such as "vote for the
				Governor," "reelect your Representative," "support the Democratic nominee,"
				"cast your ballot for the Republican challenger for Senate District 1," "Jones
				for House of Representatives," "Jean Smith in 2002," "vote Pro-Life" or "vote
				ProChoice" accompanied by a listing of clearly identified candidates described
				as Pro-Life or Pro-Choice, "vote against Old Woody," "defeat" accompanied by a
				picture of one or more candidate(s), "reject the incumbent," or communications
				of campaign slogan(s) or individual word(s), which in context can have no other
				reasonable meaning than to urge the election or defeat of one or more clearly
				identified candidate(s), such as posters, bumper stickers, advertisements, etc.
				which say "Pick Berry," "Harris in 2000," "Murphy/Stevens" or "Canavan!";
				or
(2) is susceptible of no
				reasonable interpretation other than as an appeal to vote for or against a
				clearly identified candidate.
C. "Independent expenditure" has the same
				meaning as in
				Title
				21-A §1019-B. Any expenditure made by
				any person in cooperation, consultation or concert with, or at the request or
				suggestion of, a candidate, a candidate's political committee or their agents
				is considered to be a contribution to that candidate and is not an independent
				expenditure.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 270 - COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES › Chapter 1 - PROCEDURES › Section 270-1-12 - CAMPAIGN CONTRIBUTIONS DURING LEGISLATIVE SESSION

Current through 2024-29, July 17, 2024
1.
Seed Money Contributions
.
				Legislators and other individuals covered by Title 1 M.R.S.A. §1015(3)(B)
				may not intentionally solicit or accept a seed money contribution from a
				lobbyist or lobbyist associate during any period of time in which the
				Legislature is convened until final adjournment.
2.
Acceptance of Contributions through
				Political Committees
. During a legislative session, lobbyists, lobbyist
				associates, and their employers may not give, offer or promise a contribution
				to a political action committee, ballot question committee, or party committee
				of which the Governor, a member of the Legislature, a constitutional officer,
				or staff or agent of these officials is a treasurer, officer, or primary
				fund-raiser or decision maker. During the session, these political committees
				may not solicit or accept a contribution from lobbyists, lobbyist associates,
				or their employers, but they may accept contributions from other individuals
				and organizations.
3.
Making
				a Contribution through a Political Action Committee
. During a
				legislative session, an organization that employs a lobbyist may not make a
				contribution through a political action committee with which the organization
				is affiliated or direct that the affiliated political action committee make a
				contribution to a Legislator.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 270 - COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES › Chapter 1 - PROCEDURES › Section 270-1-13 - REPORTS OF COMMUNICATIONS BY MEMBERSHIP ORGANIZATIONS OR CORPORATIONS

Current through 2024-29, July 17, 2024
When a membership organization or corporation is required
				  under 21-A M.R.S.A. §1019-A to
				  file a report of a communication to members or shareholders, the organization
				  or corporation must file the following reports by 11:59 p.m. on the following
				  deadlines:
1. A report must be filed
				on the 42nd day before the election is held and be complete as of the 49th day
				before the election.
2. A report
				must be filed on the 11th day before the election is held and be complete as of
				the 14th day before the election.
3. A report must be filed on the 42nd day
				after the election is held and be complete as of the 35th day after the
				election.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 270 - COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES › Chapter 1 - PROCEDURES › Section 270-1-14 - STATEMENT OF SOURCES OF INCOME

Current through 2024-29, July 17, 2024
Legislators and executive employees are required to file with
				  the Commission annual statements identifying the sources of income received,
				  positions held, and certain liabilities under
				  Title 1,
				  section1016-G and
				  Title 5,
				  section19, respectively. The Commission staff
				  shall prepare written and online forms for purposes of reporting. For the
				  disclosure of gifts received by officials, the Commission may require an
				  official to enter a category for the gift, such as transportation or conference
				  fees, or a description of the gift. The Commission may require officials to
				  enter a type of organization in which the official holds a position, such as
				  non-profit, corporation or partnership. For purposes of this reporting, if a
				  Legislator or executive employee is estranged from a spouse or domestic
				  partner, the definition of "immediate family" does not include the estranged
				  spouse or domestic partner.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 270 - COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES › Chapter 1 - PROCEDURES › Section 270-1-15 - SIMPLIFIED REGISTRATION AND REPORTING PROCEDURES FOR CERTAIN POLITICAL COMMITTEES

Current through 2024-29, July 17, 2024
1.
Waivers of
				the separate campaign account requirement.
A political action committee
				or ballot question committee may apply for a waiver of the requirement in
				21-A
				M.R.S. §1054 to maintain a separate
				campaign bank account on the grounds that maintaining a separate account would
				be administratively burdensome. The Commission's Director shall make the
				initial decision on the application. The committee may appeal the Director's
				decision to the Commission. The Director and the Commission shall consider
				expected or actual expenditures aggregating more than $25,000 as a factor in
				opposition to a waiver, except for a ballot question committee that consists of
				a single individual.
The committee receiving the waiver shall disclose all
				  expenditures made for activities to initiate or influence a campaign in Maine
				  and operational expenditures that promote or support those activities. The
				  committee may pro-rate operational expenditures based on the portion that may
				  reasonably be attributed to initiating or influencing a Maine campaign. The
				  committee shall disclose all contributions made to or received by the committee
				  for the purpose of initiating or influencing a campaign and any other funds
				  used to make reported expenditures. The committee shall maintain records of
				  these contributions and expenditures in accordance with
				  21-A
				  M.R.S. §
											1057.
2.
Individual qualifying as a ballot
				question committee.
An individual who qualifies as a ballot question
				committee may file a simplified registration form that discloses contact
				information for the individual and for any treasurer or other person authorized
				to file campaign finance reports. The registration must also include the ballot
				question the individual expects to support or oppose. If the individual is
				sharing fundraising or spending decisions with another person, they shall
				comply with the full registration requirements of
				21-A
				M.R.S. §
										1052-A.
In lieu of full compliance with the record-keeping
				  requirements in
				  Title
				  21-A, section1057, subsections 1-4, an
				  individual qualifying as a ballot question committee shall keep a vendor
				  invoice or receipt for every expenditure in excess of $50 made for the purpose
				  of initiating or influencing a Maine campaign, and records of any contributions
				  from a donor that has provided contributions exceeding $50 in the aggregate for
				  purposes of initiating or influencing the campaign.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 270 - COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES › Chapter 2 - HEARING PROCEDURES › Section 270-2-1 - SCOPE

Current through 2024-29, July 17, 2024
These procedures shall be applicable to hearings before the
				  Maine Commission on Governmental Ethics and Election Practices which have been
				  called to consider any matter within the Commission's statutory authority. They
				  shall be construed to secure the just, speedy and inexpensive determination of
				  such matters in the public interest.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 270 - COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES › Chapter 2 - HEARING PROCEDURES › Section 270-2-2 - NOTICE

Current through 2024-29, July 17, 2024
1. Due notice of
				public hearings shall be provided as set forth in the
Maine
				Administrative Procedure Act
,
				5 M.R.S.
				§9052.
2.
[Repealed]
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 270 - COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES › Chapter 2 - HEARING PROCEDURES › Section 270-2-3 - PRESIDING OFFICER

Current through 2024-29, July 17, 2024
1. The presiding
				officer at any hearing shall be either (1) the Chair, or (2) a member of the
				Commission selected by those members present at the hearing.
2. The presiding officer shall have the
				authority to:
A. Rule upon issues of
				evidence,
B. Regulate the course of
				the hearing,
C. Rule upon issues of
				procedure,
D. Present questions to
				the Commission for its determination,
E. Take such other action as may be ordered
				by the Commission or is necessary for the efficient and orderly conduct of the
				hearing, consistent with these regulations and applicable statutes.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 270 - COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES › Chapter 2 - HEARING PROCEDURES › Section 270-2-4 - GENERAL CONDUCT

Current through 2024-29, July 17, 2024
1.
Opening
				Statement
. The presiding officer shall open the hearing by describing in
				general terms the purpose of the hearing and the general procedure governing
				its conduct.
2.
Transcription
				of Testimony
. All testimony at hearings shall be recorded and, as
				necessary, transcribed, with the expenses of transcription to be paid by the
				person requesting the transcription. Requests for transcription must be made
				within 60 days of the date of the Commission's decision resulting from the
				hearing.
3.
Witnesses
.
				Witnesses shall be sworn. The Commission may sequester witnesses as it deems
				necessary.
4.
Testimony
. Witnesses shall testify on behalf of or at the
				invitation or subpoena of the Commission or on behalf of the parties to the
				proceeding.
5.
Ethics
				Hearings
. In hearings involving legislative ethics, any person whose
				name is mentioned in an investigation or hearing and who believes that
				testimony has been given which adversely affects that person shall have the
				right to testify, or at the discretion of the Commission and under such
				circumstances as the Commission shall determine to protect the rights of the
				Legislator under inquiry, to file a statement of facts under oath relating
				solely to the material relevant to the testimony of which that person
				complains. Nothing herein shall be construed to prevent the Commission from
				granting the right of cross-examination.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 270 - COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES › Chapter 2 - HEARING PROCEDURES › Section 270-2-5 - CONTINUANCE

Current through 2024-29, July 17, 2024
All hearings conducted pursuant to these regulations may be
				  continued for reasonable cause and reconvened from time to time and from place
				  to place by the presiding officer as circumstances require. All orders for
				  continuance shall specify the time and place at which such hearing shall be
				  reconvened. The staff shall notify interested persons of the continuance in
				  such a manner as is appropriate to insure that reasonable notice will be given
				  of the time and place of such reconvened hearing.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 270 - COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES › Chapter 2 - HEARING PROCEDURES › Section 270-2-6 - GENERAL EVIDENCE

Current through 2024-29, July 17, 2024
1. Evidence shall
				be admitted if it is the kind of evidence upon which reasonable persons are
				accustomed to rely in the conduct of serious affairs. The Commission may
				exclude irrelevant or unduly repetitious evidence.
2.
Commission Evidence
. Any
				results of Commission investigations or data gathered during Commission
				investigations may be introduced into the record by the Commission. The
				Commission may also present such other evidence as it deems
				appropriate.
3.
Official
				Notice
. The Commission may, at any time, take official notice of
				relevant laws, official regulations and transcripts of other Commission
				hearings, judicially recognizable facts, generally recognized facts of common
				knowledge to the general public and physical, technical or scientific facts
				within its specialized knowledge. The Commission shall include in any final
				written decision those facts of which it took official notice unless those
				facts are included in the transcript of the record.
4.
Documentary and Real
				Evidence
. All documents, materials and objects offered in evidence as
				exhibits shall be numbered or otherwise identified. Documentary evidence may be
				received in the form of copies or excerpts if the original is not readily
				available.
5.
Objections
. All objections to rulings of the presiding officer
				regarding evidence or procedure and the grounds therefor shall be timely stated
				during the course of the hearing. If during the course of or after the close of
				the hearing and during its deliberations the Commission determines that the
				ruling of the presiding officer was in error, it may reopen the hearing or take
				such other action as it deems appropriate to correct such error.
6.
Offer of Proof
. An offer of
				proof may be made in connection with an objection to a ruling of the presiding
				officer excluding or rejecting any testimony or question on cross-examination.
				Such offer of proof shall consist of a statement of the substance of the
				proffered evidence or that which is expected to be shown by the answer of the
				witness.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 270 - COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES › Chapter 2 - HEARING PROCEDURES › Section 270-2-7 - CROSS-EXAMINATION

Current through 2024-29, July 17, 2024
All witnesses shall be subject to cross-examination as
				  follows:
1. Commission members, staff
				and counsel may ask questions at any time.
2. Legislators in proceedings involving
				ethics and candidates or committees in proceedings involving their campaign
				reports shall have the right of cross-examination in the order specified by the
				presiding officer.
3. Any other
				person whose conduct is under inquiry in a legislative ethics proceeding shall
				have the right of cross-examination at a point specified by the presiding
				officer.
4. The presiding officer
				may permit oral questions outside the regular order where deemed appropriate to
				gain information for the Commission.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 270 - COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES › Chapter 2 - HEARING PROCEDURES › Section 270-2-8 - CONCLUSION OF HEARING

Current through 2024-29, July 17, 2024
At the conclusion of the hearing, no other evidence or
				  testimony will be allowed into the record, except as specified by the presiding
				  officer.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 270 - COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES › Chapter 2 - HEARING PROCEDURES › Section 270-2-9 - REOPENING THE RECORD

Current through 2024-29, July 17, 2024
At any time prior to a final decision, the Commission may
				  reopen the record for further proceedings consistent with these regulations
				  provided, however, that the Commission shall give notice of such further
				  proceeding at least 10 days prior to such proceedings.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 270 - COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES › Chapter 2 - HEARING PROCEDURES › Section 270-2-10 - BRIEFS AND PROPOSED FINDINGS AND SCHEDULE

Current through 2024-29, July 17, 2024
After close of the record and prior to decision the
				  Commission may order that within a specified time any person who participated
				  in the hearing may file briefs and proposed findings of fact with the
				  Commission.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 270 - COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES › Chapter 2 - HEARING PROCEDURES › Section 270-2-11 - REPRESENTATIVES

Current through 2024-29, July 17, 2024
The first document filed by any person in a proceeding shall
				  designate the name and address of a person on whom service shall be made and to
				  whom all correspondence from the Commission and other participants in the
				  proceeding shall be sent.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 270 - COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES › Chapter 3 - MAINE CLEAN ELECTION ACT AND RELATED PROVISIONS › Section 270-3-1 - APPLICABILITY

Current through 2024-29, July 17, 2024
This chapter applies to candidates running for Governor,
				  State Senator and State Representative who choose the alternative campaign
				  financing option established by the
Maine Clean Election Act
for elections to be held beginning in the year 2000. Candidates participating
				  in the
Maine Clean Election Act
must comply with these rules
				  and all other applicable election and campaign laws and regulations. Some
				  sections in this chapter also apply to and impose obligations on privately
				  financed candidates and political committees that raise contributions and make
				  expenditures in races involving
Maine Clean Election Act
candidates.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 270 - COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES › Chapter 3 - MAINE CLEAN ELECTION ACT AND RELATED PROVISIONS › Section 270-3-2 - PROCEDURES FOR PARTICIPATION

Current through 2024-29, July 17, 2024
1.
Declaration of Intent
. A participating candidate must file a
				Declaration of Intent within five days of collecting qualifying contributions.
				The Commission will provide a form for this purpose.
2.
Content
. The Declaration of
				Intent must include the following information:
A. an affirmation that the candidate is
				seeking certification as a
Maine Clean Election Act
candidate;
B. an affirmation that
				the candidate understands that any qualifying contributions collected more than
				five days before filing the Declaration of Intent will not be counted toward
				the eligibility requirement;
C. an
				affirmation that the candidate has not accepted any contributions, except for
				seed money contributions, after becoming a candidate;
D. an affirmation that the candidate has
				disposed of any campaign surplus before becoming a candidate for the new
				election, as required by paragraph 3 (D) [Campaign Surplus] of this
				section;
E. an affirmation that if
				the candidate has any campaign deficit, that the candidate will not accept
				contributions to repay that deficit as a participating candidate or certified
				candidate, except that the candidate may forgive any campaign loans to himself
				or herself made during any previous campaigns;
F. an affirmation that the candidate will
				continue to comply with applicable seed money restrictions and other
				requirements of the Act including, but not limited to, procedures for
				collecting qualifying contributions;
G. an affirmation that the candidate has read
				and will comply with the Commission's guidelines on permissible expenditures;
				and
H. authorization by the
				candidate for the Commission, its agents or representatives to conduct
				financial audits of the candidate's campaign financial records and
				account(s).
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 270 - COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES › Chapter 3 - MAINE CLEAN ELECTION ACT AND RELATED PROVISIONS › Section 270-3-3 - CERTIFICATION OF PARTICIPATING CANDIDATES

Current through 2024-29, July 17, 2024
1.
Request
				for Certification
. A participating candidate may submit a completed
				request for certification to the Commission at any time during the qualifying
				period but not later than 5:00 p.m. on the last day of the relevant qualifying
				period. The Commission may develop written procedures consistent with this
				section for candidates to submit qualifying contributions and related materials
				to facilitate the efficient payment of initial public campaign funding. The
				request will be deemed complete and considered for certification only when the
				candidate has submitted to the Commission:
A.
				the qualifying contributions attached to the corresponding original receipt and
				acknowledgement forms with confirmation of the contributors' voter registration
				and the receipt and acknowledgement forms for any qualifying contributions
				collected on the Commission's online qualifying contribution service;
B. a list of all individuals making
				qualifying contributions and their town or city of residence, in a format
				specified by the Commission sorted alphabetically by the contributor's last
				name;
C. [Repealed.]
D. a seed money report of contributions,
				expenditures, and obligations made or incurred after becoming a candidate,
				including a report of any unspent seed money; and
E. a signed request for certification on a
				form provided by the Commission which contains an affirmation by the candidate
				that he or she has complied with all seed money and qualifying contribution
				requirements, has established a separate federally-insured bank account for
				campaign purposes and, if applicable, that any person who circulated receipt
				and acknowledgement forms and collected qualifying contributions acted with the
				candidate's knowledge and consent, and any other information relevant to the
				certification process.
F. A
				candidate may request an extension of time to comply with paragraph D. The
				Commission staff shall grant all reasonable requests or state in writing the
				reasons for denying the request. The Commission and the Commission staff may
				not grant an extension of time to comply with paragraphs A, B and E.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 270 - COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES › Chapter 3 - MAINE CLEAN ELECTION ACT AND RELATED PROVISIONS › Section 270-3-5 - DISTRIBUTION OF FUNDS TO CERTIFIED CANDIDATES

Current through 2024-29, July 17, 2024
1.
Fund
				Distribution
A.
Establishment of
				Account
. Upon the certification of a participating candidate, the
				Commission will establish an account with the Office of the Controller, or such
				other State agency as appropriate, for that certified candidate. The account
				will contain sufficient information to enable the distribution of revenues from
				the Fund to certified candidates by the most expeditious means practicable that
				ensures accountability and safeguards the integrity of the Fund.
B.
Manner of Distribution of
				Fund
. The Commission will authorize distribution of revenues from the
				Fund to certified candidates in accordance with the time schedule specified in
				the Act [§1125(7) & (7-B)] by the most expeditious means practicable
				that ensures accountability and safeguards the integrity of the Fund. Such
				means may include, but are not limited to:
(1)
				checks payable to the certified candidate or the certified candidate's
				political committee; or
(2)
				electronic fund transfers to the certified candidate's or the certified
				candidate's political committee's campaign finance account.
C.
Coordination with Other
				State Agencies
. The Commission will coordinate with the Office of the
				Controller and other relevant State agencies to implement a mechanism for the
				distribution of Fund revenues to certified candidates that is expeditious,
				ensures public accountability, and safeguards the integrity of the
				Fund.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 270 - COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES › Chapter 3 - MAINE CLEAN ELECTION ACT AND RELATED PROVISIONS › Section 270-3-6 - DISTRIBUTION OF SUPPLEMENTAL FUNDS

Current through 2024-29, July 17, 2024
A certified candidate may be eligible to receive payments of
				  supplemental funds in the amounts established in
				  21-A
				  M.R.S.A. §§
										1125(8-B) -
				  (8-D) and at the times established in
				  21-A
				  M.R.S.A. §§
										1125(7-B) & (8-E). To
				  receive a distribution of supplemental funds, a certified candidate must submit
				  to the Commission additional qualifying contributions in compliance with the
				  requirements of
				  21-A
				  M.R.S.A. §1125(8-E) and
				  this section. The Commission shall develop written procedures for candidates to
				  submit additional qualifying contributions, lists of contributors, and related
				  materials to facilitate efficient and orderly payments of supplemental
				  funds.
1.
Additional Qualifying
				Contributions.
Each submission of additional qualifying contributions
				must include the following documents:
A. The
				additional qualifying contributions attached to the corresponding original
				receipt and acknowledgement forms with confirmation of the contributors' voter
				registration according to procedures established by the Commission and the
				receipt and acknowledgement forms for any additional qualifying contributions
				collected on the Commission's online qualifying contribution service.
B. A list of the first and last names of all
				individuals making additional qualifying contributions, the individual's town
				or city of residence, the date of the submission of the additional qualifying
				contribution to the Commission, and a notation indicating all additional
				qualifying contributions collected on the Commission's online qualifying
				contribution service.
(1) The list must
				include all additional qualifying contributions being submitted and must be
				sorted alphabetically by last name.
(2) The list must be provided to the
				Commission according to procedures established by the
				Commission.
C. A
				completed submission form provided by the Commission.
A submission of additional qualifying contributions will not
				  be considered complete and will not be reviewed by the Commission unless the
				  submission includes all the required documents.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 270 - COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES › Chapter 3 - MAINE CLEAN ELECTION ACT AND RELATED PROVISIONS › Section 270-3-7 - LIMITATIONS ON CAMPAIGN EXPENSES

Current through 2024-29, July 17, 2024
A certified candidate shall:
1. limit the candidate's campaign
				expenditures and obligations to the applicable Clean Election Act Fund
				distribution amounts;
2. not accept
				any contributions unless specifically authorized in writing to do so by the
				Commission in accordance with the Act [§1125(2) and
				§1125(13)];
3. use revenues
				distributed from the Fund only for campaign-related purposes as outlined in
				guidelines published by the Commission, and not for personal or any other
				use;
4. not use revenues
				distributed from the Fund to purchase goods to sell for profit;
5. not spend more than the following amounts
				of Fund revenues on thank you notes or advertising to thank supporters or
				voters:
A. $250 for a candidate for the State
				House of Representatives;
B. $750
				for a candidate for the State Senate; and
C. $2,500 by a gubernatorial candidate.
The candidate may also use his or her personal funds for
				  these purposes;
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 270 - COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES › Chapter 3 - MAINE CLEAN ELECTION ACT AND RELATED PROVISIONS › Section 270-3-9 - RECOUNTS, VACANCIES, WRITE-IN CANDIDATES, SPECIAL ELECTIONS

Current through 2024-29, July 17, 2024
1.
Recounts
. Certified candidates may not spend Fund revenues for
				purposes of a recount or a court challenge to the results of a recount, but
				they may receive donations for these purposes in accordance with
				21-A
				M.R.S.A. §1018-B. The Commission will
				make the initial distribution for the general election no later than three days
				after the Secretary of State submits the tabulation of primary election results
				to the Governor in accordance with
				Title
				21-A, section722 [§1125(7)(C)]. If there
				is a recount governed by Title 21-A, chapter 9, subchapter III, article III
				[§737-A], the primary election winner may spend Fund revenues consistent
				with the following provisions:
A. If the
				margin between the leading candidate and the 2nd-place candidate is less than
				1% of the total number of votes cast in that race and a recount is presumed
				necessary, the certified candidate immediately must halt the expenditure of
				revenues disbursed to the candidate from the Fund upon receiving notice of the
				recount until the recount is complete.
B. If the recount results in a changed
				winner, the certified candidate who originally received the disbursement must
				return any unspent distributions from the Fund to the Commission, payable to
				the Fund. If the new winner is a certified candidate, the Commission will
				distribute the applicable disbursement amount to the candidate.
C. If the margin between the leading
				candidate and 2nd-place candidate is 1% or greater of the total number of votes
				cast in that race and the 2nd-place candidate requests a recount, the leading
				candidate, if a certified candidate, is not required to freeze expenditures of
				the disbursement.
D. If the recount
				results in a changed winner, the certified candidate must return any unspent
				distributions from the Fund to the Commission, payable to the Fund. If the new
				winner is a certified candidate, the Commission will distribute the applicable
				disbursement amount to the candidate.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 289 - ATLANTIC SALMON COMMISSION › Chapter 1 - RULES OF THE ATLANTIC SALMON COMMISSION › Section 289-1-02 - Size and Bag Limits

Current through 2024-29, July 17, 2024
Fishing for anadromous Atlantic salmon (
Salmo
				  salar
) is prohibited statewide, except as provided in section 1.03.
				  Any anadromous Atlantic salmon caught incidentally to other angling shall be
				  released alive immediately without removal from the water.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 289 - ATLANTIC SALMON COMMISSION › Chapter 1 - RULES OF THE ATLANTIC SALMON COMMISSION › Section 289-1-03 - Experimental Open Season

Current through 2024-29, July 17, 2024
1.
Time
				Period
There will be a limited, open season for directed angling for
				  Atlantic salmon from May 1st through May 31 annually, on the Penobscot River in
				  the area specified below.
2.
Open Area
Penobscot River; between two painted red markers placed on
				  opposing banks that are 150 feet below the Veazie Dam fishway, down river to
				  the former site of the Bangor Dam, which will also be marked by two painted red
				  markers. The open area does not include the pool below the former dam
				  site.
3.
Conditions
Directed angling for Atlantic salmon shall be permitted in
				  the above specified open area and time period under the following
				  conditions:
A. Catch and release only.
				Any salmon hooked must be released immediately without injury;
B. No salmon shall be removed from the water
				for any reason;
C. Fly Fishing
				Only. Fly must be tied on a single pointed barbless, hook. Only one fly or hook
				can be fished at any one time (no dropper flies);
D. Daily Catch and Release limit is one fish.
				Any angler who hooks and releases one salmon must stop fishing for the
				day;
E. Fishing is only permitted
				in the open area specified in section 1.03(2) when green flags are displayed at
				the Veazie Dam, Eddington Salmon Club and Penobscot Salmon Club;
F. Anglers must obtain an Atlantic salmon
				license in accordance with 12 M.R.S.A §9904 prior to fishing for Atlantic
				salmon under this section.
G. All
				Atlantic salmon license holders must report all fishing activity at the end of
				the season on forms supplied by the Commission. Failure to comply with this
				reporting requirement may result in the denial of renewal of a
				license.
H. A total allowable catch
				(and release) for the season is fifty (50) Atlantic salmon. When 50 fish have
				been caught the season will be closed. Daily reporting, within 12 hours of
				release, by anglers when Atlantic salmon have been successfully caught and
				released is required to determine when the total allowable catch has been
				reached. The Atlantic Salmon Commission (ASC) will establish a dedicated phone
				number to be provided with the fishing license, for reporting purposes. ASC
				personnel will also be on duty each day to which the information may be
				reported to satisfy this requirement.