reglab/statecodes huggingface dataset:
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 498 - OFFICE OF TOURISM AND COMMUNITY DEVELOPMENT › Chapter 300 - CERTIFICATION STANDARDS FOR MUNICIPAL CODE ENFORCEMENT OFFICERS AND THIRD-PARTY INSPECTORS › Section 498-300-10 - CODE ENFORCEMENT OFFICER REGISTER

Current through 2024-29, July 17, 2024
1.
Program Suspension
In the event that state funding is not available to support
				  the code enforcement training and certification program, the Office may suspend
				  training and certification activities and, upon this suspension, shall
				  implement a program to register municipal code enforcement officers.
Registration is intended to provide information for the
				  public to determine whether a code enforcement officer has the qualifications
				  to administer state and local laws, codes, ordinances or other
				  regulations.
A.
Registration
				Required
In the event of a program suspension, a new municipal code
				  enforcement officer shall register that officer's qualifications with the
				  Office in accordance with subsection 10.3 of this chapter.
Registration means that a municipal code enforcement officer
				  may act on behalf of the municipality to administer state and local laws,
				  codes, ordinances or other regulations in lieu of certification until such time
				  as the training and certification program is restored. Failure to register
				  means that a municipality is not in compliance with state laws requiring their
				  employment of a certified code enforcement officer.
Being a registered code enforcement officer does not imply
				  that the registrant is certified by the Office.
B.
Qualifications; Registration
				Procedures
In the event of a program suspension, the Office
				  automatically registers all Maine code enforcement officers holding a valid
				  certification.
At the time that a code enforcement officer is newly
				  appointed or at the expiration of a six-year certification cycle, the code
				  enforcement officer shall document and submit that officer's education,
				  experience and training related to codes enforcement administration on forms
				  provided by the Office.
The Office maintains and makes publicly available a registry
				  of qualifications for registered code enforcement officers.
C.
Extension of Certification
In the event of a program suspension, a code enforcement
				  officer's six-year recertification cycle also is suspended. The six-year cycle
				  restarts at the time the training and certification program is restored.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 499 - OFFICE OF BUSINESS DEVELOPMENT › Chapter 301 - RULES FOR THE MAINE PRODUCTS MARKETING PROGRAM › Section 499-301-1 - Purpose of the rule

Current through 2024-29, July 17, 2024
The Maine Products Marketing Program is a program of
				  marketing assistance to Maine producers of consumer goods through publication
				  of a wholesale Buyer's Guide, trade show support, technical assistance, and
				  other promotional activities. The Maine Products Marketing Program, through its
				  marketing strategies, presents an image of Maine which is one of very high
				  quality products and reliable producers. The purpose of the rule is to define
				  the criteria for excellence and to describe what companies must do in order to
				  comply with and participate in the Program.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 499 - OFFICE OF BUSINESS DEVELOPMENT › Chapter 301 - RULES FOR THE MAINE PRODUCTS MARKETING PROGRAM › Section 499-301-2 - Definitions

Current through 2024-29, July 17, 2024
A. Department: "Department" shall mean the
				Department of Economic and Community Development.
B. Program: "Program" shall mean the Maine
				Products Marketing Program.
C.
				Product Advisory Panel: "Product Advisory Panel" shall mean the advisory group
				so designated by the Governor, pursuant to Executive Order #F4 89/90 which
				recommends products for participation in various activities of the
				Program.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 499 - OFFICE OF BUSINESS DEVELOPMENT › Chapter 301 - RULES FOR THE MAINE PRODUCTS MARKETING PROGRAM › Section 499-301-3 - Application Process

Current through 2024-29, July 17, 2024
Companies shall apply by submitting a complete application on
				  forms available from Maine Products Marketing Program, c/o the Department of
				  Economic and Community Development, Station 59, 187 State Street, Augusta,
				  Maine 04333. The application must be complete and signed in order to be
				  considered.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 499 - OFFICE OF BUSINESS DEVELOPMENT › Chapter 301 - RULES FOR THE MAINE PRODUCTS MARKETING PROGRAM › Section 499-301-4 - Criteria for Inclusion in the Program

Current through 2024-29, July 17, 2024
The policies which guide this program are provided below and
				  the companies which participate in the program are expected to adhere to those
				  policies as a requisite of their membership in the program. The Department, at
				  its sole and reasonable discretion, retains the right to reject any product or
				  producer from participation in the Maine Products Marketing Program if it does
				  not comply with these requirements. All decisions will be made by the
				  Department with advice from the Product Advisory Panel.
A. For inclusion in the program, proposed
				participating companies must demonstrate that each of their products meet each
				of the following criteria:
1. The product is
				of sufficient quality, reliability or appropriateness to meet the following
				standards:
a. the product uses high quality
				raw materials,
b. the product is
				safe for normal use, and
c. the
				product is guaranteed or warranted by the producer or manufacturer.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 499 - OFFICE OF BUSINESS DEVELOPMENT › Chapter 301 - RULES FOR THE MAINE PRODUCTS MARKETING PROGRAM › Section 499-301-5 - Disqualification from the Program

Current through 2024-29, July 17, 2024
Any producer may be disqualified from the program or from
				  participating in program activities by failure to comply with any of the above
				  stated rules or criteria.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 499 - OFFICE OF BUSINESS DEVELOPMENT › Chapter 302 - RULES FOR THE MAINE MICROENTERPRISE INITIATIVE › Section 499-302-2 - APPLICATION PROCESS

Current through 2024-29, July 17, 2024
The Department shall issue request for proposals for grant
				  applications through three consecutive days of ads of public notice in three
				  newspapers of general circulation. All proposals will be reviewed by the Grant
				  Selections Committee and will be awarded on a competitive basis. Competitive
				  criteria for the grant selections committee's evaluation of proposals
				  consistent with this rule will be set forth in the RFP. The grant selection
				  committee will make recommendations to the commissioner. Final decision on
				  grantees will be made by the commissioner. Award decisions may be appealed to
				  the Director of the Bureau of General Services under 18-544 CMR 120, Rules for
				  Appeal of Contract and Grant Awards.
Grants will be awarded for a maximum of$200,000 for
				  Community-based Partnerships involving three or more Community-based
				  Organizations, $150,000 for community-based partnerships involving two
				  Community-based Organizations and $75,000 for a single Community-based
				  Organization proposal. Grants may be used over two-year period.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 499 - OFFICE OF BUSINESS DEVELOPMENT › Chapter 302 - RULES FOR THE MAINE MICROENTERPRISE INITIATIVE › Section 499-302-3 - CRITERIA FOR ELIGIBILITY

Current through 2024-29, July 17, 2024
Proposals must detail plans describing the assistance to be
				  provided to Microenterprises. All proposals for grant funds must include the
				  following:
A viable plan to provide Training and/or Technical
					 Assistance to Microenterprises to Microenterprises, including how and to whom
					 services would be marketed;
									 Evidence that the market or target population for
					 proposed service is under served;
									 Evidence of broad based support from the community
					 that the organization serves;
									 Evidence of adequate and committed sources of
					 operating capital;
									 Description of the need for funding to provide
					 Training and/or Technical Assistance to Microenterprises;
									 A detailed budget for the funds;
									 Evidence of 25% Leveraged Match required and sources
					 of those funds;
									 A memorandum of agreement between Community-based
					 Partnerships specifying how the funds will be used and administered;
									 A detailed scope of work identifying measurable
					 outcomes that will be achieved as a result of receiving funds; and
									 Demonstrated capacity to deliver services to
					 Microenterprises.
Preference will be given to Community-based Partnerships and
				  to proposals that meet one or more of the following criteria:
Target aid to client businesses with five or fewer
					 employees;
									 Target aid to low-income individuals;
									 Target aid to rural areas or areas of High
					 Unemployment;
									 Improving access to
					 Training
;
Address needs of a targeted industry
					 sector;
									 Help develop businesses in downtown areas;
					 and
									 Provide collaborative solutions to addressing
					 identified problems facing Microenterprises such as health insurance, employee
					 training, and technology transfer.
Funds cannot be used for capital expenses.
If grant is made for a two-year period, the second year
				  funding is contingent upon Grantee meeting performance standards. Grantees must
				  also submit a Report detailing the results of the program to be eligible for
				  the remaining funds. Grantees must submit a Report at the end of the grant
				  period detailing the program outcomes achieved as a result of the grant.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 499 - OFFICE OF BUSINESS DEVELOPMENT › Chapter 303 - RULES FOR THE RURAL WORKFORCE RECRUITMENT AND RETENTION GRANT PROGRAM › Section 499-303-1 - PURPOSE AND DEFINITIONS

Current through 2024-29, July 17, 2024
A.
Purpose
The Rural Workforce Recruitment and Retention Grant Program
				  is a program to provide grants for local economic development initiatives in
				  rural regions of the State that will assist rural businesses in those regions
				  in locating, recruiting and retaining qualified staff to meet workforce needs.
				  The purpose of the rule is to define the criteria and proposal process for
				  applications for grant funding.
B.
Definitions
Commissioner.
"Commissioner" means the
				  Commissioner of the Department of Economic and Community Development.
Economic Development Organization.
"Economic
				  Development Organization" means an economic development entity that services
				  Aroostook, Piscataquis, Somerset, or Washington counties.
Department.
"Department" means the Department
				  of Economic and Community Development.
Fund.
"Fund" means the Rural Workforce
				  Recruitment and Retention Grant Program established in 5 MSRA §
										13056-I.
Grantee.
"Grantee" means an Economic
				  Development Organization awarded a grant from the fund.
Grant Selection Committee.
"Grant selection
				  committee" means a committee designated by the Commissioner to review and make
				  recommendations regarding proposals.
Leveraged match.
"Leveraged match" means monies
				  or services leveraged through Economic Development Organizations. The match may
				  be in the form of cash, staff time and overhead expense directly attributable
				  to workforce and talent attraction. Grant funds cannot be used to supplant
				  existing organizational funds and can only be used to supplement funds
				  leveraged for the program purposes.
Program.
"Program" means the Rural Workforce
				  Recruitment and Retention Grant Program.
Rural Regions.
For this program, rural regions
				  mean Aroostook County, Piscataquis County, Somerset County and Washington
				  County.
Workforce Needs.
Gap in labor market, which for
				  this program is a quantifiable demand for workers engaged in a specific
				  activity or enterprise within the Rural Regions.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 499 - OFFICE OF BUSINESS DEVELOPMENT › Chapter 303 - RULES FOR THE RURAL WORKFORCE RECRUITMENT AND RETENTION GRANT PROGRAM › Section 499-303-2 - APPLICATION PROCESS

Current through 2024-29, July 17, 2024
The Department shall issue a request for proposals for grant
				  applications from Economic Development Organizations. All proposals will be
				  reviewed by the Grant Selections Committee and amounts, if any, will be awarded
				  on quality of the Economic Development Organization's application. Criteria for
				  the grant selection committee's evaluation of proposals consistent with this
				  rule will be set forth in the request for proposals. The commissioner shall
				  make the final decision on grant awards based on recommendations from the grant
				  selection committee. Award decisions may be appealed to the Director of the
				  Bureau of General Services under 18-544 CMR Chapter 120,
Rules for
				  Appeal of Contract and Grant Awards
.
Grants will be awarded for a maximum of $100,000 per county.
				  More than one Economic Development Organization may be a Grantee for a county
				  they service, but only if they submit a joint application. Grants may be used
				  over a two-year period starting upon contract date.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 499 - OFFICE OF BUSINESS DEVELOPMENT › Chapter 303 - RULES FOR THE RURAL WORKFORCE RECRUITMENT AND RETENTION GRANT PROGRAM › Section 499-303-3 - CRITERIA FOR ELIGIBILITY

Current through 2024-29, July 17, 2024
Proposals must detail plans describing the tactics that will
				  be used to attract and retain qualified workers to the Economic Development
				  District's respective counties. All proposals for grant funds must include the
				  following:
A viable plan to launch a workforce and talent
					 attraction marketing program;
									 Evidence that the market or target population for
					 proposed service is under served;
									 Evidence of broad-based support from the community
					 that the organization serves, including description of key partners;
									Evidence of adequate and committed sources of operating
					 capital;
									 Description of the need for funding to provide support
					 for workforce attraction efforts;
									A proposed budget for the funds and budget narrative
					 outlining the use of funds;
									 Evidence of 100% Leveraged Match required and sources
					 and access to and allocation of matching funds;
									If using in-kind match, a description of the activity,
					 including identity of personnel assigned to work on in-kind project specific to
					 this grant, and value of match;
									A detailed scope of work identifying measurable
					 outcomes that will be achieved as a result of receiving funds;
									Identification of target metrics -- how will the
					 applicant organization measure performance.
Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 499 - OFFICE OF BUSINESS DEVELOPMENT › Chapter 303 - RULES FOR THE RURAL WORKFORCE RECRUITMENT AND RETENTION GRANT PROGRAM › Section 499-303-4 - PROGRAM REVIEW

Current through 2024-29, July 17, 2024
A.
Department
				Responsibilities
By January 15 of each year, the Department shall submit a
				  report to the joint standing committee of the Legislature having jurisdiction
				  over economic development matters. The report must include the
				  following:
An accounting of the use of all program funds received
					 and expended since the program's inception;
										 A summary of the status of any approved projects;
					 and
										A summary of the results of any completed
					 projects;
B.
Grantee Responsibilities
Economic development organizations receiving grants under
				  this program shall report to the Department with semiannual reports due on
				  December 1st and June 1st. In reporting to the Department, grant recipients
				  must include the following organizational performance and outcome measures for
				  their programs:
An accounting of the use of all program funds received
					 and expended;
										Summary of activity;
										Summary of expenses;
										Budget breakdown;
										Changes to original application/intended use of
					 funds;
										Update on target metrics.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 1 - RULES FOR STRIP SEARCHES, MANUAL MOUTH SEARCHES, AND BODY CAVITY SEARCHES OF ARRESTEES › Section 239-1-I - Definitions

Current through 2024-29, July 17, 2024
1.
Arrestee
: a person who has
				been placed under custodial arrest by a law enforcement officer. Once remanded
				by a court to a facility, the person is no longer considered an
				arrestee.
2.
Body cavity
				search
: an inspection of an arrestee's anal or vaginal cavity by
				insertion of fingers or instruments.
3.
Facility
: any state
				correctional or detention facility, county institution or facility, or local
				lockup.
4.
Law enforcement
				officer
: For purposes of these rules, "law enforcement officer" means a
				"law enforcement officer" as defined in
				 17-A M.R.S.A.
				§2(17), a "law
				enforcement officer" as defined in
				 25 M.R.S.A.
				§2801-A(5), a
				"transport officer" as defined in
				 25 M.R.S.A.
				§2801-A(8), a
				"corrections officer" as defined in
				17-A M.R.S.A.
				§2(5-A) and 25 M.R.S.A.
				§25M .R.S.A. §
									2801-A(2)
				, a "corrections supervisor" as defined in
				 17-A M.R.S.A.
				§2(5-B), or a jailer,
				jailer's assistant, or employee as provided for in
				 30-A M.R.S.A.
				§1501.
5.
Manual mouth search
: a search
				of an arrestee's mouth, including any dentures located in the mouth, with the
				use of fingers or instruments.
6.
Medically trained personnel
: "Medically trained personnel" means a
				licensed physician, physician's assistant, nurse practitioner, or registered
				nurse.
7.
Strip search
:
				a search during which any private part of an arrestee's body, including an
				arrestee's anal or genital area or buttocks or a female arrestee's breasts, is
				visually inspected. There may not be any manual search of the arrestee during a
				strip search except for a manual mouth search unless the rules governing body
				cavity searches are complied with.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 1 - RULES FOR STRIP SEARCHES, MANUAL MOUTH SEARCHES, AND BODY CAVITY SEARCHES OF ARRESTEES › Section 239-1-II - Preconditions for Searches

Current through 2024-29, July 17, 2024
1.
Strip
				search and manual mouth search
. An arrestee may be subjected to a strip
				search and manual mouth search if either of the following preconditions for
				such searches exists:
A.
Arrestee for a
				violent, weapon, or drug offense
. An arrestee for a violent, weapon, or
				drug offense, or a corresponding juvenile offense, may be subjected to a strip
				search and manual mouth search.
B.
All other arrestees
. An arrestee for other than a violent, weapon,
				or drug offense, or corresponding juvenile offense, may be subjected to a strip
				search and manual mouth search if the law enforcement officer authorizing such
				search has reasonable suspicion that the arrestee is concealing on or inside
				the arrestee's body a weapon, contraband, or evidence of a crime. Reasonable
				suspicion may be based on such factors as the nature of any offense for which
				the arrestee has previously been arrested, any prior facility history of the
				arrestee, the arrestee's appearance, the arrestee's conduct, and items found
				during a less intrusive search.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 1 - RULES FOR STRIP SEARCHES, MANUAL MOUTH SEARCHES, AND BODY CAVITY SEARCHES OF ARRESTEES › Section 239-1-III - Method of Search

Current through 2024-29, July 17, 2024
1.
Strip
				search and manual mouth search
A.
Person to conduct search
. A strip search and manual mouth search
				must be conducted by
1 a law enforcement
				officer or officers of the same gender as the arrestee, or
2 medically trained personnel of the same
				gender as the arrestee.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 1 - RULES FOR STRIP SEARCHES, MANUAL MOUTH SEARCHES, AND BODY CAVITY SEARCHES OF ARRESTEES › Section 239-1-IV - Records

Current through 2024-29, July 17, 2024
Each strip search, manual mouth search, and body cavity
				  search of an arrestee shall be recorded in a log kept by the law enforcement
				  agency whose officers were involved in the search. The log shall be kept for a
				  minimum of seven years.
The log shall indicate the name of the officer who ordered
				  the search, the name of the officer or medically trained personnel who
				  conducted the search, the names of the officers present at the search, the name
				  of the arrestee, the type of search conducted (strip search, manual mouth
				  search, or body cavity search), the parts of the body searched, and the
				  justification or justifications for the search, e.g., (1) search warrant, (2)
				  exigent circumstances and probable cause, (3) consent, (4) arrestee for a
				  violent, weapon, or drug crime, or corresponding juvenile offense, or (5)
				  arrestee for other than a violent, weapon, or drug crime, or corresponding
				  juvenile offense, combined with reasonable suspicion. Where the justification
				  for a warrantless search is based on the existence of probable cause and
				  exigent circumstances or reasonable suspicion, such probable cause and exigent
				  circumstances or reasonable suspicion shall be summarized in the log. Where the
				  justification for a warrantless search is consent, the written consent must be
				  kept by the law enforcement agency for a minimum of seven years.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 1 - RULES FOR STRIP SEARCHES, MANUAL MOUTH SEARCHES, AND BODY CAVITY SEARCHES OF ARRESTEES › Section 239-1-V - Inapplicability of Rules

Current through 2024-29, July 17, 2024
Pursuant to
				   5 M.R.S.A.
				  §200-G, these rules do not apply to
				  persons who are taken into custody for execution of a sentence, who have been
				  remanded by a court to a facility, or who are already inmates of a facility.
				  Strip searches, manual mouth searches, and body cavity searches of these
				  persons are governed by the Fourth Amendment to the United States Constitution,
				  Article I, § 5 of the Maine Constitution, and existing policies and
				  procedures of facilities. These rules do not apply to other types of searches
				  of arrestees or other persons, including, but not limited to, pat down or frisk
				  searches and visual mouth searches. These other searches are governed by the
				  Fourth Amendment to the United States Constitution, Article I, § 5 of the
				  Maine Constitution, and existing policies and procedures of facilities.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 2 - FORFEITURE RULES › Section 239-2-1 - Standards for Initiation of Civil Forfeiture Actions (5 M.R.S.A. section 5822)

Current through 2024-29, July 17, 2024
A. The State, after
				assessing all of the facts in the case, including any valid defenses, must be
				satisfied that it can meet its burden of proof, which is a preponderance of the
				evidence ( 15 M.R.S.A. §5822(3) ).
B. The State must evaluate the property to be
				seized. The evaluation of the property shall include the following
				considerations:
1. outstanding liens or third
				party claims:
2. physical
				condition;
3. problems and costs of
				preservation and storage;
4. title
				search;
5. value;
6. wrongdoer's interest in
				property;
7. whether appropriate
				reports and petitions have been filed in a timely manner.
See,
				e.g.
, 15 M.R.S.A. §5823(1) & (2).
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 2 - FORFEITURE RULES › Section 239-2-2 - Standards for Settlement of Civil Forfeiture Actions

Current through 2024-29, July 17, 2024
A.
				Settlement of a civil forfeiture action shall occur separate and apart from the
				resolution and disposition of related criminal charges and shall not be tied to
				the resolution and disposition of a criminal case.
B. The State, after assessing all of the
				facts including those listed in II (C) below, must be satisfied that the
				settlement is in the best interest of the State and that the property to be
				forfeited has been useful in facilitating, perpetrating or rewarding unlawful
				drug activity.
C. The State must
				evaluate the settlement. The evaluation shall include the following
				considerations:
1. the State's ability to meet
				its burden of proof;
2. the effect
				of delay on both the forfeiture case and the assets;
3. the extent of the wrongdoer's criminal
				activity;
4. the presence or
				absence of exculpatory evidence;
5.
				the strength of the evidence; and,
6. the value of the asset in excess of
				liens.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 2 - FORFEITURE RULES › Section 239-2-3 - Standards for Equitable Transfer of Forfeited Assets (15 M.R.S.A. sections 5822, 5824)

Current through 2024-29, July 17, 2024
A. In the case of
				any asset to be forfeited to any entity other than the General Fund, the
				Attorney General shall determine whether an asset decreed or agreed by
				settlement to be forfeited is to be distributed to a state agency, county or
				municipality. If the Attorney General determines that a forfeited asset is to
				be so distributed, he may further determine the percentage share of such asset
				to be distributed to each such state agency, county or municipality.
B Requests for equitable transfer to a state
				agency, county or municipality shall be reviewed by the District Attorney or
				Assistant Attorney General, who shall make a recommendation to the Attorney
				General based on the criteria in (C) (1-3) below and shall forward the request
				along with the signed recommendation of the District Attorney or Assistant
				Attorney General to the Deputy Attorney General in charge of the Criminal
				Division with copies of the recommendation to be sent to those law enforcement
				agencies which contributed to the related criminal case.
C. In any determination of the percentage
				share to be distributed under paragraph A), the Attorney General shall give due
				consideration to the following factors:
1. The
				time and effort contributed by a municipality, county, or state agency to the
				related criminal case including manpower and money expended;
2. Whether the municipality, county or state
				agency originated the information which led to the seizure of the asset and
				whether the municipality, county or state agency obtained such information by
				use of its investigative resources, rather than fortuitously;
3. Whether the municipality, county, or state
				agency provided unique or indispensable assistance.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 2 - FORFEITURE RULES › Section 239-2-4 - Records

Current through 2024-29, July 17, 2024
Within twenty-one (21) days of the execution of a written
				  settlement agreement or of the entry of final judgment, the attorney for the
				  State in any civil forfeiture case shall forward copies of the following
				  documents to the Attorney General:
A.
				civil complaint for forfeiture;
B.
				decree of forfeiture or written settlement agreement; and,
C. opinions and orders of Court, other than
				discovery orders, relating to any substantive forfeiture issue.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 2 - FORFEITURE RULES › Section 239-2-5 - Relationship of Rules to Claims

Current through 2024-29, July 17, 2024
These rules have full force and legal effect. Nevertheless,
				  the failure of any person to abide by these rules shall not be a defense in any
				  civil action.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 2 - FORFEITURE RULES › Section 239-2-6 - Appeals

Current through 2024-29, July 17, 2024
A. In any appeal taken by the State, the
				notice of appeal shall be accompanied by a written approval of the Attorney
				General of the State of Maine; provided that if the attorney for the State
				filing the notice of appeal states in the notice that the Attorney General has
				orally stated that the approval will be granted, the written approval may be
				filed at a later date.
B. If the
				Attorney General is unavailable to grant approval for a State's appeal or has
				determined that it would be legally or ethically improper for him to do so, the
				required approval may be given by a deputy attorney general authorized in
				writing by the Attorney General to act on his behalf in these
				situations.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 3 - STANDARDS FOR THE OPERATION OF ARREST WARRANT REPOSITORIES › Section 239-3-1 - LOCATION AND POSSESSION OF ARREST WARRANTS

Current through 2024-29, July 17, 2024
A. ORIGINALS.
				There shall be only one original of an arrest warrant issued by any court and,
				except as otherwise provided by law, the original of any arrest warrant shall
				be maintained and stored by the issuing court.
B. ATTESTED COPIES.
1. Except as provided in this sub-paragraph
				(2), the court shall produce only one attested copy of any arrest warrant which
				it has issued. The court shall direct that the attested copy of any arrest
				warrant be directed to and maintained by the designated warrant repository for
				its court district.
2. The court
				may produce additional attested copies of an arrest warrant to be issued under
				the following circumstances:
(i) upon the
				request of the prosecuting attorney for purposes of inter-state or
				international extradition; and
(ii)
				upon the written request of a representative of a governmental agency or
				entity, including an agency or entity of another state or the federal
				government, for use at an official proceeding of that agency or entity. When an
				attested copy of an arrest warrant is issued under this provision, it shall be
				marked with the following or similar language: "For Filing Purposes Only - Do
				Not Execute."
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 3 - STANDARDS FOR THE OPERATION OF ARREST WARRANT REPOSITORIES › Section 239-3-2 - CONTENTS OF WARRANT

Current through 2024-29, July 17, 2024
A. IDENTIFICATION
				INFORMATION. It shall be the responsibility of the officer requesting the
				issuance of an arrest warrant to provide the issuing court with as much
				identification information about the individual as is reasonably available.
				This information shall include, if available:
(i) The individual's name, date of birth,
				last known address, approximate height and weight, and color of eyes and
				hair;
(ii) The name of the
				investigative law enforcement department primarily responsible for the
				case;
(iii) A photograph of the
				individual which shall be attached to the attested copy of the
				warrant;
(iv) Any distinguishing
				physical characteristics, such as scars or tattoos, that will aid in the
				identification of the individual and the execution of the warrant;
(v) The last known whereabouts of the
				individual and the location where the individual is presently believed to
				be.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 3 - STANDARDS FOR THE OPERATION OF ARREST WARRANT REPOSITORIES › Section 239-3-3 - DATABASE ENTRY AND REMOVAL

Current through 2024-29, July 17, 2024
A. MAINE WANTED AND
				MISSING (MWM). Immediately upon receipt of an attested arrest warrant the
				arrest warrant repository shall enter the warrant in the State's wanted and
				missing persons computer database.
B. NATIONAL CRIME INFORMATION CENTER (NCIC).
				An arrest warrant shall not be entered in the National Crime Information Center
				database without authorization from the Attorney General, the respective
				District Attorney, or their designees except, however, that the Department of
				Corrections may enter warrants for violations of parole and probation or for
				escape. The repository shall maintain a record of the name of the officer
				authorizing entry of the warrant in the National Crime Information
				Center.
C. REMOVAL FROM DATABASE.
				The arrest warrant repository shall immediately remove a warrant from the MWM
				and NCIC databases upon notification that the warrant has been executed,
				cancelled or recalled.
D.
				NOTIFICATION. Whenever a law enforcement agency executes an arrest warrant, it
				shall immediately notify the appropriate repository of that fact. The
				repository shall immediately notify the issuing Court and the primary law
				enforcement agency, and shall return the attested warrant to the issuing Court
				and shall note on the return of service when the warrant was executed and by
				whom.
Whenever the issuing Court recalls or cancels a warrant, it
				  shall immediately notify the appropriate warrant repository.
E. STATE POLICE DATABASE. The Maine State
				Police are responsible for maintaining a computerized database, including
				computer entry standards. If the computer entry standards as set by the Maine
				State Police are met, the warrant information shall be entered into the
				database. The Maine State Police shall establish a schedule for the regular
				printing and mailing of geographical code lists to police agencies as well as
				the printing and mailing of repository validation lists.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 3 - STANDARDS FOR THE OPERATION OF ARREST WARRANT REPOSITORIES › Section 239-3-4 - WARRANT LISTS

Current through 2024-29, July 17, 2024
A. BY REPOSITORY.
				Each arrest warrant repository must periodically, but at least monthly, prepare
				a list of all outstanding arrest warrants maintained by that repository. The
				lists shall include those warrants entered on the State's wanted and missing
				persons database and in the National Crime Information Center. Copies of the
				lists shall be provided to the originating law enforcement agencies and the
				issuing Court.
B. BY COURT. Each
				Court which has issued arrest warrants shall maintain an updated list of
				outstanding warrants which have been issued by that Court. A copy of the list
				shall be provided to the warrant repository, at least quarterly.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 3 - STANDARDS FOR THE OPERATION OF ARREST WARRANT REPOSITORIES › Section 239-3-5 - VALIDATION BY COURT

Current through 2024-29, July 17, 2024
The Judicial Department shall develop a plan for use by the
				  Courts to insure that outstanding arrest warrants are, in fact, valid. This
				  plan shall provide for the regular review of outstanding arrest warrants and
				  prompt notification to the warrant repository of any warrants which have been
				  recalled, cancelled, or amended by the Court.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 3 - STANDARDS FOR THE OPERATION OF ARREST WARRANT REPOSITORIES › Section 239-3-6 - WARRANTS MANAGEMENT PLAN AND REVIEW

Current through 2024-29, July 17, 2024
A. DEVELOPMENT BY
				REPOSITORY. Each warrant repository shall develop a structured warrants
				management plan designed to maximize the execution of outstanding arrest
				warrants within its area of responsibility.
B. REVIEW BY DISTRICT ATTORNEY. Each warrant
				repository shall consult with the respective District Attorney and regularly
				report to the District Attorney on the ongoing effectiveness of the warrants
				management plan. The repository and the District Attorney shall cooperate to
				maximize the execution of outstanding arrest warrants. The District Attorney
				and the repository shall develop a procedure by which the District Attorney may
				review and monitor the repository warrant files and procedures.
C. COURT INVOLVEMENT. The District Attorney
				and a representative of the repository shall cooperate and review with a
				representative of the Court the repository's record of performance.
D. ATTORNEY GENERAL. The District Attorney, a
				representative of the repository and a representative of the Court shall
				cooperate and review with the Attorney General or his designee the repository's
				record of performance, the Court's fulfillment of its obligations and any
				improvements to the Warrants Management Program which the Attorney General may,
				by rule, address.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 4 - RULES GOVERNING DISPOSITION OF FORFEITED FIREARMS (17-A M.R.S.A. SECTION 11.58) › Section 239-4-I - GENERAL RULE

Current through 2024-29, July 17, 2024
Any firearm forfeited pursuant to
				   17-A M.R.S.A.
				  §1158 shall be automatically given to
				  the state, county, or municipal law enforcement agency that arrested the
				  defendant.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 4 - RULES GOVERNING DISPOSITION OF FORFEITED FIREARMS (17-A M.R.S.A. SECTION 11.58) › Section 239-4-II - EXCEPTIONS TO GENERAL RULE

Current through 2024-29, July 17, 2024
A. GENERAL
				EXCEPTION .
If a law enforcement agency other than the arresting agency
				  believes there is a reasonable possibility that application of the factors
				  listed below would entitle it to a forfeited firearm, it shall so advise the
				  prosecutorial office prosecuting the criminal case. In the absence of a
				  referral to the prosecutorial office the general rule of Section I shall apply.
				  If the prosecutorial office agrees with that law enforcement agency's
				  assessment, the prosecutorial office shall refer the matter to the Attorney
				  General for final decision as to which law enforcement agency shall be given
				  the forfeited firearm. Absent a referral to the Attorney General, the general
				  rule shall apply.
In deciding whether a forfeited firearm should be given to a
				  law enforcement agency other than the arresting agency, the Attorney General
				  may consider, but is not limited by, the following factors:
1. Whether the forfeited firearm was found or
				seized by a law enforcement agency other than the arresting agency;
2. Whether a law enforcement agency other
				than the arresting agency had primary responsibility for the criminal
				investigation and prosecution of the case;
3. Whether a law enforcement agency other
				than the arresting agency discovered the information which led to the seizure
				of the firearm or the arrest of the defendant, or discovered other important
				information in the case, and whether the law enforcement agency obtained such
				information by use of its investigative resources, rather than fortuitously;
				and,
4. Whether a law enforcement
				agency other than the arresting agency provided unique or indispensable
				assistance in the criminal investigation or prosecution of the case.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 4 - RULES GOVERNING DISPOSITION OF FORFEITED FIREARMS (17-A M.R.S.A. SECTION 11.58) › Section 239-4-III - DISPOSITION OF FIREARMS

Current through 2024-29, July 17, 2024
Each law enforcement agency that is given, pursuant to
				   17-A M.R.S.A.
				  §1158 and these rules, a forfeited
				  firearm shall destroy, sell, trade in, keep, or otherwise dispose of the
				  firearm in accordance with that agency's policy or as directed by the governing
				  body or entity with authority over that agency.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 10 - RULES FOR EXEMPTIONS TO THE BAN ON FLAVORED CIGARETTES AND CIGARS › Section 239-10-1 - PURPOSE

Current through 2024-29, July 17, 2024
These Rules are promulgated pursuant to
the
				  Flavored Cigarettes and Cigars Subchapter of the Retail Tobacco Sales Law,
				   22 M.R.S.A.
				  §1560-D. They set forth guidelines for
				  manufacturers of flavored cigarettes and flavored cigars regarding the criteria
				  and processes for obtaining exemptions for flavored cigarettes and flavored
				  cigars from the ban on those products.
				   22 M.R.S.A
				  §1560-D(2).
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 10 - RULES FOR EXEMPTIONS TO THE BAN ON FLAVORED CIGARETTES AND CIGARS › Section 239-10-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
Unless otherwise stated,
the following terms
				  have the following meanings.
1.
				"Brand" means a cigarette or cigar brand name (
e.g.,
Marlboro). A brand may have more than one brand style including but not limited
				to: lights, blunts, or a specified flavor.
2. "Brand Style" means a variety of
				cigarettes or cigars distinguished by the tobacco used, tar and nicotine
				content, flavoring used, unique formulation or size of a cigarette, or
				filtration on the cigarette or cigar.
3. "Candy" means the generic name of a
				confection made from sugar or sugar substitute (
e.g.,
toffee)
				and the brand name of such a confection, this includes but is not limited to
				chocolate, cocoa, cacao, mocha, vanilla, honey, maple, cinnamon, licorice, and
				mint (
e.g.
, spearmint and peppermint, but excluding
				menthol).
4. "Characterizing
				flavor" means a distinguishable taste or aroma that is imparted to tobacco or
				tobacco smoke either prior to or during consumption, other than a taste or
				aroma from tobacco, menthol, clove, coffee, nuts or peppers.
5. "Cigar" means: any roll of tobacco wrapped
				in leaf tobacco or in any substance containing tobacco, which is not a
				cigarette as that term is defined at subsection 6 below.
6. "Cigarette" has the same meaning as that
				term is defined in 22 M.R.S.A. §1580-H(4).
7. "Component part" includes but is not
				limited to the tobacco, filter and paper in a cigarette or cigar.
8. "Constituent" means any ingredient,
				substance, chemical or compound, other than tobacco, water or reconstituted
				tobacco sheet, that is added by the manufacturer to the tobacco, paper or
				filter of a cigarette or cigar during the processing, manufacture or packing of
				the cigarette or cigar. "Constituent" includes a smoke constituent.
9. "Flavored cigar" means a cigar or any
				component part thereof that contains a constituent that imparts a
				characterizing flavor.
10.
				"Flavored cigarette" means a cigarette or any component part thereof that
				contains a constituent that imparts a characterizing flavor.
11. "Fruit" means the generic name of a
				specific fruit (
e.g
., orange) or a type of fruit
				(
e.g.,
berry)
12.
				"Person" means an individual, corporation, partnership or unincorporated
				association.
13. "Smoke
				constituent" means any chemical or chemical compound in mainstream or
				sidestream tobacco smoke that either transfers from any component of the
				cigarette or cigar to the smoke or that is formed by the combustion or heating
				of tobacco, additives or other component of the tobacco product.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 10 - RULES FOR EXEMPTIONS TO THE BAN ON FLAVORED CIGARETTES AND CIGARS › Section 239-10-3 - PROHIBITION

Current through 2024-29, July 17, 2024
Beginning July 1, 2009, a person may not sell or distribute
				  or offer to sell or distribute in this State any flavored cigarette or flavored
				  cigar unless:
1. The flavored
				cigarette or flavored cigar was first on the market prior to January 1, 1985,
				based on a statement to that effect filed with the Attorney General pursuant to
				22 M.R.S.A. §1560-D(2)(A) and Section 4 of these Rules by the current
				manufacturer and verified by the Attorney General;
2. The flavored cigarette or flavored cigar
				has been granted an exemption by the Attorney General pursuant to 22 M.R.S.A.
				§1560-D(5) and Section 5 of these Rules; or
3. The sale is allowed under the transition
				provisions of 22 M.R.S.A. §1560-D(7).
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 10 - RULES FOR EXEMPTIONS TO THE BAN ON FLAVORED CIGARETTES AND CIGARS › Section 239-10-4 - EXEMPTIONS FOR FLAVORED CIGARETTES AND FLAVORED CIGARS FIRST ON THE MARKET PRIOR TO JANUARY 1, 1985

Current through 2024-29, July 17, 2024
1.
Statement
				of Manufacturer that Flavored Cigarette or Flavored Cigar was First on the
				Market prior to January 1, 1985
The current manufacturer of a flavored cigarette or flavored
				  cigar first on the market prior to January 1, 1985 wishing to apply for an
				  exemption pursuant to 22 M.R.S.A. §1560-D(2)(A) and Section 3(1) of these
				  Rules shall, on or with a form provided by the Attorney General, submit a
				  statement for verification supported by the following:
A. The brand and brand style/s of the
				flavored cigarette or flavored cigar;
B. The original manufacturer of the flavored
				cigarette or flavored cigar;
C. The
				current manufacturer of the flavored cigarette or flavored cigar;
D. The original flavor of the flavored
				cigarette or flavored cigar;
E. The
				length and diameter of the flavored cigarette or flavored cigar prior to
				January 1, 1985;
F. A digital photo
				or other color image of the pre-1985 packaging of the flavored cigarette or
				flavored cigar;
G. A digital photo
				of the current packaging;
H. The
				number of flavored cigarettes/cigars, per package, prior to January 1,
				1985;
I. The number of flavored
				cigarettes/cigars per current package;
J. The flavor imparting constituents that
				impart a characterizing flavor or aroma to the flavored cigarette or flavored
				cigar prior to January 1, 1985;
K.
				The current flavor imparting constituents that impart a characterizing flavor
				or aroma to the flavored cigarette or flavored cigar;
L. Any constituent ingredients other than
				flavor imparting constituents prior to January 1, 1985; and
M. Current constituent ingredients other than
				flavor imparting constituents.