reglab/statecodes huggingface dataset:
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 106 - RULES FOR ADMINISTERING STATE LEMON LAW ARBITRATION › Section 239-106-2 - ARBITRATION REQUESTS

Current through 2024-29, July 17, 2024
A.
Timely
				Application for Arbitration
. To apply for state-certified arbitration a
				consumer must submit a timely "request for arbitration" form, which will be
				supplied on request by the Attorney General.
1. The application form should be submitted
				to the Attorney General's Lemon Law Arbitration Program within 3 years from the
				date of original delivery to the consumer of a new motor vehicle and within the
				term of the express warranty.
2.
				Consumers who submit forms after this application deadline are still eligible
				for arbitration , if the manufacturer voluntarily agrees to participate. In
				such cases, the deadline for completion of forms specified in Section 3 shall
				not apply.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 106 - RULES FOR ADMINISTERING STATE LEMON LAW ARBITRATION › Section 239-106-3 - PROCESSING OF ARBITRATION FORMS

Current through 2024-29, July 17, 2024
A.
Timely
				processing
. The Attorney General shall process requests for arbitration
				forms in a timely manner.
The Attorney General shall date-stamp upon receipt submitted
				  arbitration forms.
B.
Reviewed for completeness
. The Attorney General shall review
				submitted arbitration applications for completeness and compliance with the
				Lemon Law.
1.
Incomplete application
				forms
. The Attorney General shall promptly return incomplete forms to
				the consumer for completion. Such forms when completed must be received by the
				Attorney General within 6 months of the application deadline, except when
				failure to complete the form is due to the untimely processing of the request
				for arbitration form by the Attorney General.
2.
Rejected application forms
.
				If in the opinion of the Attorney General the arbitration request does not
				describe a motor vehicle that could meet the statutory definition of a lemon as
				described in 10 M.R.S.A. §1163 and Section 2(B), the Attorney General
				shall reject the application form and return it to the consumer with the
				specific reason for the rejection. The consumer shall then have at least an
				additional six months to submit a valid application form. Rejection by the
				Attorney General satisfies the requirement in 10 M.R.S.A. §1165 that the
				consumer seek to resolve the dispute by application to arbitration before
				initiating a court action.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 106 - RULES FOR ADMINISTERING STATE LEMON LAW ARBITRATION › Section 239-106-4 - NOTIFICATION AND SCHEDULING OF ARBITRATION HEARINGS

Current through 2024-29, July 17, 2024
A.
Manufacturer's designee for notice
. Each manufacturer of cars sold
				in Maine shall forward to the Attorney General within 10 days after the
				effective date of these regulations the name, title, address, and telephone
				number of the person designated by said manufacturer to receive these notices:
1. Consumer requests pursuant to 10 M.R.S.A.
				§1163(3-A) for the manufacturer to make a final opportunity to repair any
				defects; and
2. Consumer requests
				for arbitration pursuant to 10 M.R.S.A. §1169.
Such information shall be presumed to be correct unless
				  updated by the manufacturer.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 106 - RULES FOR ADMINISTERING STATE LEMON LAW ARBITRATION › Section 239-106-5 - MANUFACTURER'S RESPONSE TO ARBITRATION REQUEST

Current through 2024-29, July 17, 2024
Within 14 days of receiving a copy of the consumer's request
				  for arbitration, the manufacturer shall mail to the consumer, the arbitrator,
				  and the Attorney General a specific response to the facts and issues raised in
				  the consumer's request for arbitration form. This response shall provide a
				  detailed defense to the consumer's claims and shall list the witnesses and
				  documents, if any, the manufacturer at that time expects to present at the
				  hearing. This response shall also document all warranty repair work by the
				  manufacturer or its authorized dealers. The Attorney General will provide a
				  form that the manufacturer shall use in making this response.
If the manufacturer fails to properly complete this response
				  from the consumer may complain to the Attorney General and the manufacturer can
				  be required to supplement its response.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 106 - RULES FOR ADMINISTERING STATE LEMON LAW ARBITRATION › Section 239-106-6 - RESCHEDULING ARBITRATION HEARINGS

Current through 2024-29, July 17, 2024
A.
Only one
				request for rescheduling
. Each party shall be allowed one request to
				reschedule the arbitration hearing and it shall be granted only for very
				compelling reasons. A rescheduled hearing cannot again be rescheduled by the
				party who requested the original rescheduling, except pursuant to Section 14.
				In rescheduling a hearing the arbitrator should if possible attempt to
				accommodate the needs of both parties.
If a consumer requests a second rescheduling and this request
				  is denied and the consumer then fails to attend the hearing, this shall
				  constitute a withdrawal with prejudice and unless there are exceptional
				  circumstances the consumer will have forfeited his right to arbitration. If the
				  manufacturer does this it shall constitute a default without ­good
				  cause.
A rescheduling request to the arbitrator may be accomplished
				  by any reasonable means, but must actually be received by the arbitrator no
				  later than the business day before the scheduled hearing.
B.
Rescheduling the hearing
.
				Upon receipt of a request for rescheduling, the arbitrator shall record the
				date it was received, and assign a new hearing date falling within the
				statutory 45 day period, if one is available. If a hearing date is not
				available then the next possible hearing date shall be assigned and the
				statutory requirement that the decision be made within 45 days may be deemed
				waived. Notice of such new date shall be made to both parties by any means
				appropriate for the time then remaining before the hearing.
When a hearing is rescheduled, the decision must be issued
				  either within the original 45 day period or within 10 business days of the
				  hearing, whichever is later. Notice to the parties shall be made in accordance
				  with Section 4.
The arbitrator may reschedule any hearing due to
				  circumstances beyond their control. In rescheduling the hearing, the procedure
				  outlined in this Rule shall be utilized.
C.
Rejection of arbitrator
. The
				rejection of a proposed arbitrator pursuant to 10 M.R.S.A. §1169 is
				automatically granted. It shall be treated as if it were a request to
				reschedule and subject to the requirements of paragraph B of this
				section.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 106 - RULES FOR ADMINISTERING STATE LEMON LAW ARBITRATION › Section 239-106-7 - DEFAULTS

Current through 2024-29, July 17, 2024
A.
Defaults
. A party defaults
				when it fails to appear at the hearing.
B.
Manufacturer defaults
. If a
				manufacturer defaults the arbitrator shall still hold the hearing. The
				arbitrator shall make a decision based on the evidence presented by the
				consumer, and any of the manufacturer's evidence already in the arbitrator's
				possession.
If the manufacturer, by the end of the next business day
				  following the hearing but prior to the mailing of a written decision by the
				  arbitrator, demonstrates good cause to the arbitrator for defaulting, the
				  default shall be considered a request for rescheduling, and subject to the
				  limits on requesting rescheduling set forth in Section 6. If the limits on
				  rescheduling have not been reached, a completely new hearing shall be held,
				  disregarding any evidence presented by the consumer previously (if any).
C.
Consumer defaults
.
				If the consumer defaults it shall be considered a withdrawal of the request for
				arbitration. The hearing shall be canceled if the consumer defaults with or
				without good cause.
If the consumer by the end of the next business day following
				  the hearing demonstrates to the arbitrator good cause for defaulting, the
				  default shall be considered a request for rescheduling, and be subject to the
				  limits on requesting rescheduling pursuant to Section 6.
D.
Both parties default
. If both
				parties default, the disposition of the case shall be handled as if only the
				consumer defaulted pursuant to this Rule.
E.
Default without good cause
.
				The arbitrator shall decide whether a default was for good cause. If either
				party defaults without good cause and the hearing is not held, the defaulting
				party shall promptly pay to the Attorney General its costs for the abandoned
				hearing, if any.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 106 - RULES FOR ADMINISTERING STATE LEMON LAW ARBITRATION › Section 239-106-8 - WITHDRAWAL BY CONSUMER

Current through 2024-29, July 17, 2024
A.
Withdrawals
. A consumer may withdraw his request for arbitration
				at any time.
B.
Withdrawals
				prior to hearing date
. Withdrawals received prior to the day of the
				hearing shall constitute a full and complete withdrawal from the arbitration
				system, except that the timeliness of a consumer's accepted request for
				arbitration shall be preserved for at least six months after the consumer's
				first voluntary withdrawal and the time requirements of Section 3 shall be
				extended by six months.
C.
Withdrawals on day of hearing
. Withdrawals received on the day of
				the hearing or as a result of a default without good cause will be considered a
				withdrawal with prejudice and the consumer's complaint will not be eligible for
				future State Lemon Law arbitration.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 106 - RULES FOR ADMINISTERING STATE LEMON LAW ARBITRATION › Section 239-106-9 - REQUEST FOR INFORMATION

Current through 2024-29, July 17, 2024
A.
Request
				for information by either party
. Upon request, either party shall
				provide to the other and to the arbitrator, any non-privileged documents or
				other information reasonably related to the consumer's claimed defect(s) and
				which will reasonably assist the consumer in preparing the Request for
				Arbitration application or in presenting its case at arbitration. Included in
				such information can be a view of the consumer's vehicle or a test drive, as
				long as this occurs in the presence of the consumer and no repairs or
				adjustments are made.
A view or inspection requested by the manufacturer shall be
				  at the convenience of the consumer and any actual expenses to the consumer
				  shall be reimbursed by the manufacturer.
A party's request must allow a reasonable time for the
				  gathering of the information by the other party, and the response must be
				  received by the requesting party in a timely fashion and certainly no later
				  than 3 days before the hearing.
B.
Requests by arbitrator
. The
				arbitrator or the Attorney General is empowered to request reasonable
				additional information on behalf of either party. The parties shall comply with
				any such requests within 7 days, or within such reasonable period as the
				Attorney General or the arbitrator designates.
C.
Failure to comply
. Upon
				failure of a party to comply with the arbitrator's direction to produce
				documents or information, the arbitrator may draw a negative inference
				concerning any issue involving such documents or information.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 106 - RULES FOR ADMINISTERING STATE LEMON LAW ARBITRATION › Section 239-106-10 - THE HEARING

Current through 2024-29, July 17, 2024
A.
Presentation of evidence
. The conduct of the hearing shall
				encourage a full and complete disclosure of the facts.
The formal rules of evidence shall not apply. The parties may
				  introduce any relevant evidence that will assist the arbitrator in making a
				  decision. It shall, however, be in the arbitrator's sole discretion whether to
				  personally examine or ride in the consumer's vehicle.
The consumer or his representative shall present his evidence
				  and witnesses, then the manufacturer or its representative shall present its
				  case.
Each party may question the other after his presentation, and
				  may question each witness after his testimony. The arbitrator may question any
				  party or witness at any time.
The consumer may provide a rebuttal at the close of the
				  manufacturer's evidence and witnesses.
Each party is responsible for presenting at the hearing all
				  his evidence in a concise manner.
B.
Suspension of hearing due to
				disruption
. After a warning, the arbitrator may suspend any hearing
				which becomes unmanageable due to the behavior of either party.
1. Such suspended hearing shall be considered
				a withdrawal with prejudice if caused primarily by the consumer.
2. Such suspended hearing shall be considered
				a default without good cause if caused primarily by the manufacturer.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 106 - RULES FOR ADMINISTERING STATE LEMON LAW ARBITRATION › Section 239-106-11 - THE DECISION

Current through 2024-29, July 17, 2024
A.
Form and
				timing of the decision
. The arbitrator shall mail (return receipt
				requested) a decision in each case within 45 days of the acceptance date
				stamped on the request for arbitration form. At the discretion of the Attorney
				General, failure to mail the decision within such time period, or to hold the
				hearing within 44 days of acceptance of the request for arbitration, shall not
				invalidate the decision.
All decisions shall be in writing, dated and signed by the
				  arbitrator, and mailed to both parties and the Attorney General.
The mailing date of the decision shall determine compliance
				  with the 45 day requirement.
The arbitrator may make an oral decision at the hearing but
				  it shall not be binding until a written decision is mailed.
B.
Contents of the decision
. The
				full written decision shall contain a summary of the evidence presented, a
				finding of facts, a conclusion of whether the motor vehicle meets the standards
				for refund or replacement, a clear calculation of the monetary award if the
				vehicle meets such standards, and an order if appropriate.
Any monetary award of the total purchase price or lease
				  payments to date, collateral charges, and costs shall be calculated in
				  accordance with 10 M.R.S.A. §1163, but may be affected by any previous
				  rebates, awards or settlements made the consumer. Local excise taxes are not
				  collateral charges for purposes of reimbursement. The "reasonable use
				  allowance" shall be based on the mileage accumulated after delivery of the
				  vehicle to the consumer buyer or lessee.
If a replacement vehicle is accepted by the consumer and the
				  replacement vehicle has less mileage than the consumer's vehicle, then the
				  manufacturer may require the consumer to pay a reasonable allowance for use
				  based on the difference in mileage. This allowance shall be calculated
				  according to 10 M.R.S.A. §1161, sub-§4.
C.
Standards for refund or
				replacement
. The arbitrator's decision shall only determine whether the
				motor vehicle does or does not meet the Lemon Law standards for refund or
				replacement.
As long as the arbitrator determines that:
1. The nonconformity(s) complained of
				continued to exist after the final opportunity to repair and substantially
				impairs the use, value, or safety of the vehicle;
2. The consumer gave the manufacturer or
				dealer a reasonable number of attempts to repair the vehicle as defined in 10
				M.R.S.A. §1163 (an attempt to diagnose a defect after a vehicle has been
				returned for repair may count as a repair attempt even if no repairs were
				made); and
3. That all other
				requirements of 10 M.R.S.A. c. 203 have been met; then the arbitrator must find
				for the consumer, and order the manufacturer to make a refund or replacement
				within 21 days of receipt of the decision.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 106 - RULES FOR ADMINISTERING STATE LEMON LAW ARBITRATION › Section 239-106-12 - DISPUTING THE ARBITRATOR'S DECISION

Current through 2024-29, July 17, 2024
A.
Date of
				issuance of decision
. The date the arbitrator's decision is mailed to
				the parties shall be entered on the first page of the decision. This date, plus
				three days for mailing, shall be the decision's "issuance date."
B.
Technical corrections to
				arbitrator's decision
. The Attorney General may make "technical
				corrections" to an arbitrator's decision. "Technical corrections" shall
				generally be defined as errors or omissions in reimbursable costs,
				computational corrections, typographical corrections, or other minor
				corrections.
Requests for technical corrections shall be submitted in
				  writing, and must be received by the Attorney General within 14 days of the
				  date of issuance of the arbitrator's full written decision.
C.
Procedural complaints
. All
				claims concerning procedural irregularities, or complaints concerning an
				arbitrator's conduct, or legal errors should be made in writing to the Attorney
				General. This information is requested to assist the Attorney General in its
				oversight of the arbitration process and shall not constitute an appeal of any
				kind.
D.
Notification of
				appeals
. If either the manufacturer or the consumer seeks a trial de
				novo and appeals the arbitrator's decision, or if the consumer initiates a new
				private action, the parties shall provide the Attorney General with a copy of
				their initial pleadings in the action. The parties shall provide these filings
				contemporaneously with their filing in court.
E.
Frivolous appeals by the
				manufacturer
. It shall be prima facie evidence of an Unfair Trade
				Practice under 5 M.R.S.A. §§206 - 214 for a manufacturer to appeal an
				arbitrator's decision if there were not a reasonable basis for its appeal or if
				the appeal was frivolous.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 106 - RULES FOR ADMINISTERING STATE LEMON LAW ARBITRATION › Section 239-106-13 - NOTIFYING THE CONSUMER

Current through 2024-29, July 17, 2024
The arbitrator shall include with the arbitration decision
				  general information to the consumer explaining the consumer's right to appeal
				  the decision to Superior Court or to initiate a new private legal
				  action.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 106 - RULES FOR ADMINISTERING STATE LEMON LAW ARBITRATION › Section 239-106-14 - ADDITIONAL ARBITRATIONS

Current through 2024-29, July 17, 2024
A.
Limit to
				arbitrations
. Consumers are generally entitled to only one
				state-certified arbitration per motor vehicle. Participation in any other
				arbitration or dispute resolution mechanism shall not affect eligibility for
				state-certified new car arbitration.
B.
Discretion to allow an additional
				arbitration
. It shall be within the discretion of the Attorney General
				whether to allow a new arbitration or participation in arbitration after a
				withdrawal with prejudice by a consumer, after a party reaches the limit on
				rescheduling or after a consumer has not prevailed in a previous
				state-certified new car arbitration. In the case of the latter, the consumer
				must show a significant change in circumstances (e.g., the failure of a
				manufacturer's subsequent repair attempt after the arbitrator had ruled that
				there had not been a "reasonable number of (repair) attempts" or the discovery
				of a non-conformity(s) not considered in the initial arbitration decision) that
				would now qualify the vehicle for refund or replacement, assuming all other
				requirements of the Lemon Law had been satisfied.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 106 - RULES FOR ADMINISTERING STATE LEMON LAW ARBITRATION › Section 239-106-16 - SANCTIONS

Current through 2024-29, July 17, 2024
A.
Sanctions
. If either party
				fails to comply with these Rules, the arbitrator may make such orders as are
				just, and among others the following:
1. An
				order prohibiting the party from introducing designated matters in evidence;
				or
2. An order dismissing the
				proceedings or rendering a judgment by default against the noncomplying
				party.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 106 - RULES FOR ADMINISTERING STATE LEMON LAW ARBITRATION › Section 239-106-17 - DAMAGED VEHICLES

Current through 2024-29, July 17, 2024
A.
Damage by
				consumer
. If a vehicle that is the subject of arbitration has suffered
				damage beyond reasonable wear and tear through no fault of the dealer or
				manufacturer, and that damage is unrelated to the defect, the consumer must
				either:
1. Repair the damage;
2. Pay to the manufacturer the reasonable
				costs of repair; or
3. Allow a
				deduction from the award for the reasonable costs of repair.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 106 - RULES FOR ADMINISTERING STATE LEMON LAW ARBITRATION › Section 239-106-18 - MANUFACTURER'S REPORTS TO THE ATTORNEY GENERAL

Current through 2024-29, July 17, 2024
A.
Periodic reports
. Manufacturer shall notify the Attorney General
				of the following information:
1. Within 30
				days of delivery to the consumer, the terms of any award to consumers who filed
				a request for arbitration, including the terms of any settlements agreed to
				before the arbitration hearing;
2.
				Within 30 days of sale, the new purchaser's name, if any, of any vehicle found
				by an arbitrator to be in violation of the Maine Lemon Law and then sold in
				Maine by the manufacturer.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 106 - RULES FOR ADMINISTERING STATE LEMON LAW ARBITRATION › Section 239-106-19 - BINDING SETTLEMENTS

Current through 2024-29, July 17, 2024
If prior to the scheduled arbitration hearing the parties
				  reach a settlement, either party may request that the Arbitrator issue a
				  decision setting forth the terms of that settlement.
Such a decision shall be binding upon the parties. If the
				  manufacturer fails to comply with this decision it may be subject to penalties
				  under the Maine Lemon Law,
				  
				  10 M.R.S.A. §1169 ( 5, 8 and 10).
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 106 - RULES FOR ADMINISTERING STATE LEMON LAW ARBITRATION › Section 239-106-20 - LEASED VEHICLES

Current through 2024-29, July 17, 2024
If the manufacturer accepts an arbitrator's decision granting
				  a refund to a consumer lessee, compliance with this decision shall be
				  accomplished within 21 days of receipt of the decision and shall include
				  payment of the refund to the consumer, satisfaction of the lessor's interest,
				  and obtainment of clear title to the vehicle.
For the purpose of calculating the refund's reasonable
				  allowance for use, the "purchase price" of the leased vehicle shall be equal to
				  a reasonable estimate of the vehicle's retail price ("gross capitalized cost")
				  if it had been sold at the time the consumer entered into the lease. This
				  estimate shall be based on, but not limited to, the manufacturer's suggested
				  retail price for that vehicle, if such a figure is available.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 106 - RULES FOR ADMINISTERING STATE LEMON LAW ARBITRATION › Section 239-106-21 - MISCELLANEOUS PROVISIONS

Current through 2024-29, July 17, 2024
A.
Where to
				address correspondence
. All correspondence by parties to the Attorney
				General should be directed to the attention of the Lemon Law Arbitration
				Program.
B.
Additional
				program guidelines
. The Attorney General may from time to time develop
				internal guidelines for the operation of the Lemon Law Arbitration program.
				Pursuant to 5 M.R.S.A. §9001, the Attorney General may also issue advisory
				opinions interpreting the Maine Lemon Law and these Rules. Requests for an
				advisory opinion shall be addressed to the Attorney General and shall include
				the factual background that gave rise to the question. The Attorney General
				shall respond to such requests within 45 days.
C.
Waiver of Rules
. Upon finding
				of extraordinary circumstances, the Attorney General may waive any of these
				Rules, if such waiver would be in the public interest, and serve to carry out
				the purpose and intent of the Maine Lemon Law and these Rules.
D.
Unexpected situations
.
				Situations not covered in these regulations shall be handled by the Attorney
				General or the arbitrator in an equitable and efficient manner.
E.
Executive or Demonstration Motor
				Vehicles
. An executive motor vehicle or demonstration ("demo") motor
				vehicle is covered under the Lemon Law if when it was originally sold to a
				consumer it met the statutory definition of a "new vehicle" at 10 M.R.S.A.
				§1171(13). If the consumer and manufacturer cannot determine the date the
				vehicle was first used, the term of protection shall be the term of the
				consumer's express warranties, or 18,000 miles, whichever comes
				first.
F.
Dealer
				defects
. The Lemon Law can result in a manufacturer being responsible
				for defects caused by an authorized dealer's mistakes in installing options
				which are the product of the manufacturer or in attempting warranty repairs.
The effective date of Chapter 106, except for Section 15,
				  shall be retroactive to October 1, 1989. For Section 15 the effective date
				  shall be the date these Rules are actually promulgated.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 109 - UNFAIR TRADE PRACTICES AND CHARITABLE SOLICITATIONS BY LAW ENFORCEMENT OFFICERS › Section 239-109-1 - SOLICITATIONS THAT TANGIBLY BENEFIT LAW ENFORCEMENT

Current through 2024-29, July 17, 2024
A solicitation tangibly benefits a law enforcement agency,
				  officer, or association if the proceeds of that solicitation are used,
				  represented to be used, or intended to be used to support a law enforcement
				  program or purpose which a law enforcement agency or association otherwise
				  would have to fund through its own budgeting mechanisms. Examples of
				  solicitations which tangibly benefit law enforcement are as follows: (1) A
				  solicitation which raises money from community members to pay for the purchase
				  of equipment for a local police department; (2) A solicitation to send an
				  officer into school classrooms to conduct anti-drug abuse training (the money
				  paying for the officer's salary and for education materials); and (3) The
				  solicitation of funds for erection of a monument to memorialize slain officers,
				  which was permitted by prior law, Priv. & Spec. Laws 1989, ch. 47.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 109 - UNFAIR TRADE PRACTICES AND CHARITABLE SOLICITATIONS BY LAW ENFORCEMENT OFFICERS › Section 239-109-2 - SOLICITATIONS THAT DO NOT TANGIBLY BENEFIT LAW ENFORCEMENT

Current through 2024-29, July 17, 2024
A solicitation of money for purposes completely unrelated to
				  law enforcement, such as for a charity unrelated to law enforcement, does not
				  confer a tangible benefit on law enforcement even if the solicitation effort
				  increases good will toward law enforcement. For example, if police officers
				  engage in solicitations of money for earthquake victims in South America, and
				  if no law enforcement agency, officer, or association receives, is intended to
				  receive, or is represented to receive any of the proceeds of the solicitation,
				  then that solicitation program will not tangibly benefit law
				  enforcement.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 200 - RULES IMPLEMENTING THE MAINE TOBACCO MASTER SETTLEMENT AGREEMENT › Section 239-200-1 - PURPOSE AND DEFINITIONS

Current through 2024-29, July 17, 2024
A.
Purpose.
				These Rules are promulgated pursuant to
the Tobacco Product
				Manufacturers Act, 22 M.R.S.A. §1580-L. They set forth instructions to
				provide tobacco product manufacturers, distributors and retailers clear
				guidance on how to comply with this law.
B.
Definitions. Unless otherwise
				stated, terms used in these regulations are as defined below or as used in the
				Tobacco Manufacturers Act, 22 M.R.S.A. §1580-G,
et seq
.
				and the Tobacco Product Manufacturers Act, 22 MRSA §1580-L.
1.
Brand Family
. Brand family
				has the same meaning as that term is defined in 22 M.R.S.A.
				§1580-L(1)(A).
2.
Cigarette
. Cigarette has the same meaning as that term is defined in 22
				M.R.S.A. §1580-H(4).
3.
Directory
. Directory has the same meaning as provided for by Section 22
				M.R.S.A. §1580-L(6).
4.
Master Settlement Agreement
. Master settlement agreement has the same
				meaning as that term is defined in 22 M.R.S.A. §1580-H(5).
5.
Nonparticipating
				Manufacturer
. Nonparticipating manufacturer has the same meaning as that
				term is defined in 22 M.R.S.A. §1580-L(1)(D).
6.
Participating Manufacturer
.
				Participating manufacturer has the same meaning as that term is defined in 22
				M.R.S.A. §1580-L(1)(E).
7.
Qualified Escrow Fund
. Qualified escrow fund has the same meaning
				as that term is defined in 22 M.R.S.A. §1580-H(6).
8.
Tobacco Product
				Manufacturer
. Tobacco product manufacturer has the same meaning as that
				term is defined in 22 M.R.S.A. §1580-H(9).
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 200 - RULES IMPLEMENTING THE MAINE TOBACCO MASTER SETTLEMENT AGREEMENT › Section 239-200-2 - QUARTERLY CERTIFICATIONS AND ESCROW DEPOSITS

Current through 2024-29, July 17, 2024
A.
Quarterly Certifications and Escrow Deposits. To promote compliance
				with
22 M.R.S.A. §1580-G
et seq
.
, the Attorney
				General may require nonparticipating manufacturers quarterly to certify their
				compliance with the Tobacco Act. The Attorney General may also require
				nonparticipating manufacturers to make the escrow payments required by
22
				M.R.S.A. §1580-I(2)
in quarterly installments during the year in
				which the sales covered by such payments are made. This rule applies to
				nonparticipating manufacturers who meet any of the following criteria:
1.
No Previous Escrow Deposit
.
				Nonparticipating manufacturers that have not previously established and funded
				a qualified escrow fund in Maine;
2.
No Escrow Deposit for More Than One
				Year
.Nonparticipating manufacturers that have not made any escrow
				deposits for more than one (1) year in Maine;
3.
Untimely or Incomplete
				Deposits
. Nonparticipating manufacturers that have failed to make a
				timely and complete escrow deposit for any prior calendar year;
4.
Outstanding Judgments
.
				Nonparticipating manufacturers that have failed to pay any judgment, including
				any civil penalty;
5.
Large
				Sales Volume.
Nonparticipating manufacturers that have more than
				1,000,000 of their cigarettes sold in Maine during a quarter; and
6.
Other Reasonable Cause
. In
				addition to the reasons specified above, the Attorney General may require
				quarterly escrow deposits from a nonparticipating manufacturer if the Attorney
				General has reasonable cause to believe the nonparticipating manufacturer may
				not make its full required escrow deposit by April 15 of the year following the
				year in which the cigarettes sales were made.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 200 - RULES IMPLEMENTING THE MAINE TOBACCO MASTER SETTLEMENT AGREEMENT › Section 239-200-3 - DIRECTORY

Current through 2024-29, July 17, 2024
A.
Directory. The Attorney General
				shall develop, maintain and publish the directory, which shall list all tobacco
				product manufacturers that have provided current and accurate certifications
				conforming to the requirements of
22 M.R.S.A. §1580-G,
et
				seq
. (Tobacco Manufacturers Act) and 22 M.R.S.A. §1580-L (Tobacco
				Product Manufacturers)
and all brand families that are listed in such
				certifications; provided, however,
1.
Missing Or Noncompliant Certification
.The Attorney General shall
				not include or retain in such directory the name or brand families of any
				nonparticipating manufacturer that fails to provide the required certification
				or whose certification the Attorney General determines is not in compliance
				with 22 M.R.S.A. §1580-G,
et seq
. (Tobacco Manufacturers
				Act) and 22 M.R.S.A. §1580-L (Tobacco Product Manufacturers), unless the
				Attorney General has determined that such violation has been cured to the
				satisfaction of the Attorney General.
2.
Inadequate Escrow Deposit And
				Outstanding Judgments
. Neither a tobacco product manufacturer nor a
				brand family shall be included or retained in the directory if the Attorney
				General concludes in the case of a nonparticipating manufacturer that:
a.Any escrow payment required for any period
				and for any brand family, whether or not listed by such nonparticipating
				manufacturer, has not been fully paid into a qualified escrow fund governed by
				a qualified escrow agreement that has been approved by the Attorney General;
				or
b.Any outstanding final
				judgment, including interest thereon, for a violation of Maine's Master
				Settlement Agreement has not been fully satisfied for such brand family and/or
				such manufacturer.
3.
Misrepresentations. The Attorney General shall not include or retain in
				such directory the name or brand families of any nonparticipating manufacturer
				whose certification the Attorney General determines is based on
				misrepresentation, false information, nondisclosure or concealment of
				fact.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 500 - RULES FOR LAW ENFORCEMENT COLLECTION OF TRAFFIC STOP DATA TO ELIMINATE PROFILING › Section 239-500-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
1. "American Indian or Alaska Native" refers
				to origins in any of the original peoples of North and South America (including
				Central America).
2. "Asian" refers
				to origins in any of the original peoples of the Far East, Southeast Asia, or
				the Indian subcontinent including, for example, Cambodia, China, India, Japan,
				Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and
				Vietnam.
3. "Black or African
				American" refers to origins in any of the Black racial groups of
				Africa.
4. "Hispanic" or
				"Latino(a)" refers to origins in Spain, Mexico, Puerto Rico, Cuba, Central and
				South America, and other Latin American or Spanish-speaking
				countries.
5. "Law enforcement
				agency" means an agency in the State charged with enforcement of state, county,
				municipal or federal laws or laws of a federally recognized Indian tribe, with
				the prevention, detection or investigation of criminal, immigration or customs
				laws or with managing custody of detained persons in the State and includes,
				but is not limited to, a municipal police department, a sheriff's office, the
				State Police, tribal police departments, a university or college police
				department and the Department of Public Safety. "Law enforcement agency" does
				not include any law enforcement agency established pursuant to federal
				law.
6. "Law enforcement officer"
				means a state, county or municipal official or an official of a federally
				recognized Indian tribe responsible for enforcing criminal, immigration or
				customs laws, including, but not limited to, a law enforcement officer who
				possesses a current and valid certificate issued by the Board of Trustees of
				the Maine Criminal Justice Academy pursuant to  25 MRSA c. 341 sec.
				2803-A.
7. "Motor vehicle" is
				defined pursuant to  29-A MRSA c. 1 sec.101 (42).
8. "Native Hawaiian or Other Pacific
				Islander" refers to origins in any of the original peoples of Hawaii, Guam,
				Samoa, or other Pacific Islands.
9.
				"Non-binary" refers to gender identity and/or gender expression outside of the
				gender categories of "male" and "female".
10. "Stop" or "Traffic stop" means any
				detention by a law enforcement officer of a motor vehicle for an alleged
				traffic infraction.
11. "White" in
				section II (3) below only refers to origins in any of the original peoples of
				Europe, the Middle East, or North Africa.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 500 - RULES FOR LAW ENFORCEMENT COLLECTION OF TRAFFIC STOP DATA TO ELIMINATE PROFILING › Section 239-500-2 - DATA ELEMENTS TO BE COLLECTED

Current through 2024-29, July 17, 2024
Each law enforcement agency shall collect the following
				  information in the manner described and per the timeline set forth in section
				  III of these rules for submission to the Attorney General. The information
				  shall pertain to the total number of times law enforcement officers employed by
				  the law enforcement agency stopped drivers of motor vehicles for any alleged
				  traffic infraction and shall include:
1. Law enforcement agency name and
				location.
2. Location, date and
				time of stop.
3. Perceived Race of
				Person Stopped. When reporting this data element, the officer shall select
				from: 
				
										White
										Black or African American
										American Indian or Alaska Native
										Asian
										Native Hawaiian or Other Pacific Islander
4.
				Perceived Color of Person Stopped. When reporting this data element, the
				officer shall select from: 
				
										White
										Brown
										Black
										Other non-White
5.
				Perceived Ethnicity of Person Stopped. When reporting this data element, the
				officer shall select from: 
				
										Hispanic or Latino(a)
										Non-Hispanic or Latino(a)
6.
				Perceived Gender of Person Stopped. When reporting this data element, the law
				enforcement officer shall select from: 
				
										Male
										Female
										Non-binary or Other Gender
7.
				Perceived Age of Person Stopped. When reporting this data element, the law
				enforcement officer shall record their perception of the age in years of the
				person stopped in numeric format (e.g. 53).
8. Reason for Stop/Nature of Alleged
				Infraction. When reporting this data element, the law enforcement officer shall
				record the relevant Maine Revised Statute number(s) that formed the basis of
				any alleged infraction(s) or violation(s) leading to the stop.
9. Result of Stop. When reporting this data
				element, the law enforcement officer shall indicate any of the following that
				apply 
				
										Arrest
										Citation
										Search
										Warning
										No Action Taken
10.
				Any additional information the law enforcement agency determines appropriate.
				The additional information may not include any other personally identifiable
				information about a person stopped for a traffic infraction such as the
				person's driver's license number, name or address.
11. When reporting the data elements of
				perceived race, color, ethnicity, gender and age, the law enforcement officer
				shall make their determination of the person's race, color, ethnicity, gender
				and age based only on personal observation and perception made during the
				course of the traffic stop. The officer shall not ask the person stopped their
				race, color, ethnicity, gender or age, or ask questions or make comments or
				statements designed to elicit this information.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 500 - RULES FOR LAW ENFORCEMENT COLLECTION OF TRAFFIC STOP DATA TO ELIMINATE PROFILING › Section 239-500-3 - REPORT OF DATA

Current through 2024-29, July 17, 2024
Each law enforcement agency shall submit the data described
				  in these rules to the Office of the Attorney General quarterly via report
				  generated from the Maine eCitation system maintained by the State of Maine
				  Department of Public Safety, or in compliance with protocol established and
				  approved by the Office of the Attorney General. The first quarterly data report
				  shall be due on October 31, 2024, and shall contain data covering July 1, 2024,
				  through September 30, 2024. Thereafter quarterly reports will be due to the
				  Office of the Attorney General on the following dates for the corresponding
				  data collection periods:
January 31st for data from October
				  1st through December
				  31st
April 30th for data from January
				  1st through March
				  30th
July 31st for data from April
				  1st through June
				  30th
October 31st for data from July
				  1st through September
				  30th
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 500 - RULES FOR LAW ENFORCEMENT COLLECTION OF TRAFFIC STOP DATA TO ELIMINATE PROFILING › Section 239-500-4 - DATA RETENTION

Current through 2024-29, July 17, 2024
Law enforcement agencies shall retain data collected pursuant
				  to these rules for a period of five (5) years.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 550 - VICTIMS' COMPENSATION BOARD › Chapter 3 - RULES FOR THE APPLICATION AND DECISION-MAKING PROCESS › Section 550-3-1 - Claimants

Current through 2024-29, July 17, 2024
1. An application for compensation may be
				made on a minor's behalf by the minor's parents or legal guardian.
2. An application for compensation may be
				made on an incompetent's behalf by a legal guardian or other person authorized
				to administer the incompetent's estate.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 550 - VICTIMS' COMPENSATION BOARD › Chapter 3 - RULES FOR THE APPLICATION AND DECISION-MAKING PROCESS › Section 550-3-2 - Incomplete Application

Current through 2024-29, July 17, 2024
1. Whenever an
				application is not complete or the Board requires further information or
				explanation the Board shall advise the applicant. The applicant shall provide
				the required information within 60 days. If the information is not received the
				Board may consider the application withdrawn or may decide the claim based on
				the application and information submitted.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 550 - VICTIMS' COMPENSATION BOARD › Chapter 3 - RULES FOR THE APPLICATION AND DECISION-MAKING PROCESS › Section 550-3-3 - Notice of Board Decision

Current through 2024-29, July 17, 2024
1. Applicants shall
				be mailed notification of the Board's decision within a reasonable time after
				the Board meeting. The basis for the Board's decision shall be set forth in the
				notice.
2. Where the Board has
				denied an award on a matter decided without hearing the notification shall
				include a hearing request form.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 550 - VICTIMS' COMPENSATION BOARD › Chapter 3 - RULES FOR THE APPLICATION AND DECISION-MAKING PROCESS › Section 550-3-4 - Request for a Hearing

Current through 2024-29, July 17, 2024
1. Requests for
				hearing must be made in writing to the Board within 30 days of the Board's
				decision on that claim.
2. A
				claimant who requests a hearing will be notified in writing of the date and
				time of the hearing.
3. After
				reviewing the evidence provided at hearing, the Board shall render its
				decision. The Board shall promptly notify the claimant in writing of its
				decision.
4. If, after hearing, the
				decision of the Board is to deny or limit a claim the claimant will be notified
				of their right to appeal the Board's final decision to Superior
				Court.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 550 - VICTIMS' COMPENSATION BOARD › Chapter 3 - RULES FOR THE APPLICATION AND DECISION-MAKING PROCESS › Section 550-3-5 - False Statements

Current through 2024-29, July 17, 2024
1. Any application
				form promulgated by the Board may bear upon it a notification to the effect
				that false statements made therein or pursuant thereto are punishable as
				unsworn falsification under 17-A M.R.S.A. §453.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 550 - VICTIMS' COMPENSATION BOARD › Chapter 6 - RULES REGARDING LIMITATIONS ON COMPENSATION › Section 550-6-1 - Generally

Current through 2024-29, July 17, 2024
The Board shall award compensation for unreimbursed medical
				  and medically related expenses which the Board determines are reasonable and
				  necessary and which were incurred as a direct result of the crime. Compensation
				  will not be awarded for unrelated, or pre-existing conditions except to the
				  extent that they were exacerbated by the crime. In the Board's determination of
				  reasonable and necessary expenses the following guidelines shall apply;
				  however, the Board may depart from these guidelines if necessary to further the
				  purposes of the statute and if the Board states its reasons therefore in
				  writing:
1. Funeral Expenses: A
				standard maximum award for funeral expenses shall be $4500.00 with an
				additional $500.00 award available for a burial marker. The Board may exceed
				this guideline in exceptional circumstances. The Board shall consider the
				following factors in deciding whether to award less than the standard maximum:
A. The number of family and household members
				potentially eligible for benefits under a claim.
B. The number and cost of compensable losses
				potentially payable under a claim; and
C. Considerations specified in the Victims'
				Compensation statute.