reglab/statecodes huggingface dataset:
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Office of the Secretary of State › Chapter 950 - RULES GOVERNING THE USE OF DIGITAL SIGNATURES › Section 250-950-8 - DIGITAL SIGNATURE PRODUCT APPROVAL

Current through 2024-29, July 17, 2024
A. A
				  Digital Signature product must be approved by the ChiefInformation Officer of
				  the State of Maine in order to be accepted for transactions involving a State
				  Agency.
B. The list of approved
				  Digital Signature products for transactions involving a State Agency will be
				  maintained at the Office of Information Technology (OIT) Internet site, and
				  will be updated periodically by the Chief Information Officer.
C. Digital Signature product vendors may
				  apply to the ChiefInformation Officer through the OIT Internet site at any time
				  to request acceptance of their products for transactions involving a State
				  Agency.
D. In order to be accepted
				  for transactions involving a State Agency, a Digital Signature product must
				  satisfy the requirements of this Rule, including
all
of the
				  following criteria:
1. It must be based upon
				  the X.509 Public Key Infrastructure;
2. It must provide seamless integration with
				  the PDF document format;
3. It
				  must provide seamless integration with Microsoft Active Directory;
4. The interface to the Signer must be either
				  web-based or a free download;
5.
				  The data center must be certified as either "SSAE 16 SOC 2 Type II (American
				  Institute of Certified Public Accounts)" or "FedRAMP compliant Cloud Service
				  Provider (Federal General Services Administration)",
6. All transmission between the Signer's
				  device and the data center must be encrypted to either AES-256 or 3DES
				  (National Institute of Standards and Technology) strength; and
7. The
Verification
and
Tamper-Resistance
elements must be embedded within the
				  document, as well as stored in the data center.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 1 - RULES FOR ADMINISTRATIVE SUSPENSION RELATING TO DEMERIT POINT ACCUMULATION, CONVICTIONS AND ADJUDICATIONS › Section 250-1-1 - PURPOSE

Current through 2024-29, July 17, 2024
Pursuant to
					 
					 29-A M.R.S.A. Section2458, subsection 3, the
					 Secretary of State has adopted these rules for the purpose of identifying the
					 reckless or negligent driver of a motor vehicle and to establish a uniform
					 system of assigning demerit points for specified convictions or adjudications
					 of violations of statutes and regulations governing the operation of motor
					 vehicles. These rules will serve as the basis for the Secretary of State or any
					 Deputy Secretary of State to suspend the license or privilege to operate a
					 motor vehicle or the certificate of registration of any person without
					 preliminary hearing determined to be incompetent to operate a motor vehicle, or
					 whom is found to be a reckless or negligent operator of a motor vehicle, or
					 whom has been convicted or adjudicated of designated traffic
					 offenses.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 1 - RULES FOR ADMINISTRATIVE SUSPENSION RELATING TO DEMERIT POINT ACCUMULATION, CONVICTIONS AND ADJUDICATIONS › Section 250-1-2 - SUSPENSION FOR INCOMPETENCE

Current through 2024-29, July 17, 2024
The license or privilege to operate a motor vehicle of any
					 person, whom the Secretary of State or Deputy Secretary of State determines to
					 be incompetent to operate a motor vehicle, such incompetence to include, but
					 not limited to, adverse physical, mental or emotional impairments may be
					 suspended without preliminary hearing pursuant to
					 
					 29-A M.R.S.A.
					 Section2458(2)(D).
					 Incompetence relative to physical, mental or emotional impairments shall be
					 determined in accordance with Chapter 3, Rules of Secretary of State for
					 Physical, Emotional and Mental Competence to Operate a Motor Vehicle, as
					 amended.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 1 - RULES FOR ADMINISTRATIVE SUSPENSION RELATING TO DEMERIT POINT ACCUMULATION, CONVICTIONS AND ADJUDICATIONS › Section 250-1-3 - SUSPENSION PERIODS FOR DESIGNATED CONVICTIONS OR ADJUDICATIONS

Current through 2024-29, July 17, 2024
The license, permit or privilege to operate of any person
					 convicted of eluding a police officer or passing a roadblock may be suspended
					 for a period up to 90 days.
The license, permit or privilege to operate of any person
					 convicted of operating after suspension may be suspended for a period up to 60
					 days; except for convictions for operating after suspension when the term of
					 the statutory suspension required on conviction is longer than the term
					 suspension period provided by these rules.
The license, permit or privilege to operate of any person
					 convicted of the following offenses may be suspended for a period up to 30
					 days: failure to stop for a police officer, leaving the scene of an accident
					 (bodily injury), operating alone on permit, operating a motor vehicle without a
					 license (crime), passing a stopped school bus, exceeding posted speed by at
					 least 30 miles per hour, altering a driver's license or registration
					 certificate, loaning a driver's license, unlawful use of a driver's license,
					 displaying a suspended license, falsifying an application for registration
					 certificate or driver's license, or giving false information to a police
					 officer.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 1 - RULES FOR ADMINISTRATIVE SUSPENSION RELATING TO DEMERIT POINT ACCUMULATION, CONVICTIONS AND ADJUDICATIONS › Section 250-1-5 - 120 DAY SUSPENSION

Current through 2024-29, July 17, 2024
Any person whose license, permit or privilege to operate
					 has been suspended three times within a three year period by the Secretary of
					 State pursuant to these rules or by a court following a conviction or
					 adjudication of an offense listed herein is subject to a further suspension for
					 a period up to 120 days. The 120 day suspension applies to persons who have
					 been convicted or adjudicated of an offense, which offense was committed
					 following the third suspension within that three year period.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 1 - RULES FOR ADMINISTRATIVE SUSPENSION RELATING TO DEMERIT POINT ACCUMULATION, CONVICTIONS AND ADJUDICATIONS › Section 250-1-6 - DEFENSIVE DRIVING COURSE CREDITS

Current through 2024-29, July 17, 2024
Only one three-point credit will be given to a person for
					 successful completion of a driver improvement course as authorized by the
					 Department of Public Safety or the Secretary of State. The credit will be given
					 only once in a twelve month period and the credit of points will be erased one
					 year from the completion date.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 1 - RULES FOR ADMINISTRATIVE SUSPENSION RELATING TO DEMERIT POINT ACCUMULATION, CONVICTIONS AND ADJUDICATIONS › Section 250-1-7 - VIOLATION FREE CREDITS

Current through 2024-29, July 17, 2024
Every person holding a Maine operator's license whose
					 driving record does not contain any convictions, adjudications, suspensions or
					 revocations during a calendar year shall be awarded one (1) violation free
					 credit at the end of each calendar year, except that no person may be permitted
					 to accumulate more than four (4) violation free credits. The Secretary of State
					 may apply such credits to offset an equivalent number of demerit points
					 assigned to a traffic violation. If the Secretary of State receives notice of
					 any motor vehicle violation which resulted in a conviction or adjudication
					 which violation occurred during the period that violation free credits were
					 awarded, the violation free credits shall become invalid.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 1 - RULES FOR ADMINISTRATIVE SUSPENSION RELATING TO DEMERIT POINT ACCUMULATION, CONVICTIONS AND ADJUDICATIONS › Section 250-1-8 - HEARING

Current through 2024-29, July 17, 2024
Any person whose license, permit or privilege to operate
					 is suspended by the Secretary of State pursuant to these rules may request a
					 hearing and the suspension may remain in effect pending such hearing.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 2 - RULES FOR ADMINISTRATIVE HEARINGS › Section 250-2-1 - Scope of rules

Current through 2024-29, July 17, 2024
These rules are applicable to hearings held before the
					 Secretary of State or any of his orherdeputies or designees that involve the
					 denial, suspension, revocation, probation or other modification of a license,
					 certificate, registration certificate and plate, motor vehicle driver's
					 license, permit, certificate of title, or fuel use identification decal
					 pursuant to Title 29-A M.R.S.A.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 2 - RULES FOR ADMINISTRATIVE HEARINGS › Section 250-2-2 - Notice of opportunity for hearing

Current through 2024-29, July 17, 2024
Subject to the provisions of
					 
					 29-A M.R.S.A. §2458(4),
					 the Secretary of State upon suspending or revoking a person's license,
					 certificate of registration, title or other suchcertificate or license, shall
					 notify that person that the person has a right to and may request a hearing.
					 The notice must state:
1. The reason
				  and statutory grounds for the suspension or revocation;
2. The effective date of the suspension or
				  revocation;
3. The procedure for
				  requesting a hearing; and
4. The
				  date by which that request for hearing must be made.
If the suspension or revocation is based on a law
					 enforcement officer's report, a copy of that report and any blood-alcohol test
					 certificate will be provided to the person upon request to the Secretary of
					 State.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 2 - RULES FOR ADMINISTRATIVE HEARINGS › Section 250-2-3 - Request for hearing

Current through 2024-29, July 17, 2024
Unless the Secretary of State has set a date certain for a
					 hearing, after a notice of suspension or revocation and opportunity for hearing
					 has been sent or delivered to a person, that person has ten days from the
					 effective date of the suspension or revocation to request in writing a hearing.
					 For suspensions issued pursuant to Chapter 1, Rules for Administrative
					 Suspension Relating to Demerit Point Accumulation, Convictions and
					 Adjudications, a hearing may be requested by telephone.
If a request is made after the ten day period and the
					 Secretary of State finds that the person was unable to make a timely request
					 due to lack of actual notice of the suspension or due to factors of physical
					 incapacity, the Secretary of State shall waive the period of limitation, reopen
					 the matter and grant the hearing request, except a stay may not be
					 granted.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 2 - RULES FOR ADMINISTRATIVE HEARINGS › Section 250-2-4 - Notice of hearing

Current through 2024-29, July 17, 2024
Unless otherwise provided or notice is waived, notice must
					 be mailed to the last address on record with the Secretary of State of the
					 party requesting the hearing or to the person ordered to appear at the hearing
					 at least ten days prior to the hearing date. If an attorney requests a hearing
					 on behalf of a person, all subsequent correspondence and communication from the
					 Secretary of State relative to the hearing will be forwarded to the attorney
					 and no further correspondence or communication will be forwarded directly to
					 the person. In the event an attorney no longer represents the person, the
					 person or the attorney shall file a written statement of this fact with the
					 Secretary of State, allowing subsequent correspondence and communication from
					 the Secretary of State to be directed to the person. The notice must
					 state:
1. Issues contestable;
				  and
2. Failure to appear will
				  result in a finding by default.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 2 - RULES FOR ADMINISTRATIVE HEARINGS › Section 250-2-5 - Disposition without full hearing

Current through 2024-29, July 17, 2024
Unless otherwise provided by law, the Bureau of Motor
					 Vehicles may:
1. Make informal
				  disposition of any adjudicatory proceeding by stipulation, agreed settlement or
				  consent order;
2. Make informal
				  disposition of any adjudicatory proceeding by default, provided that notice has
				  been given that failure to take required action may result in default, and
				  further provided that any such default may be set aside by the Bureau for good
				  cause shown; and
3. Limit the
				  issues to be heard or vary any procedure prescribed by Bureau rule if the
				  parties and the Bureau agree to such limitation or variation, and if no
				  prejudice to any party will result.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 2 - RULES FOR ADMINISTRATIVE HEARINGS › Section 250-2-6 - Default

Current through 2024-29, July 17, 2024
1. If a party who requested a hearing fails
				  to appear at the hearing, the hearing request shall be dismissed. If within ten
				  days following the dismissal a party submits information demonstrating good
				  cause for the failure to appear, the request for hearing may be
				  reinstated
,
at the discretion of the Hearing
				  Examiner.
2. Good cause. The
				  following circumstances constitute good cause for the purpose of Subsection 1:
A. a death or serious illness in the
				  family;
B. a personal injury or
				  illness which reasonably prevents the party from attending the
				  hearing;
C. an emergency or
				  unforeseen event which reasonably prevents the party from attending the
				  hearing;
D. an obligation or
				  responsibility which a reasonable person in the conduct of his or her affairs
				  could reasonably conclude takes precedence over attendance at the
				  hearing;
E. lack of receipt of
				  adequate or timely notice; or
F.
				  excusable neglect, excusable inadvertence, or excusable mistake.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 2 - RULES FOR ADMINISTRATIVE HEARINGS › Section 250-2-7 - Participation at Hearing

Current through 2024-29, July 17, 2024
1. Intervention by
				  persons substantially and directly affected by proceeding.
A. Petition. A person, including any agency
				  of federal, state or local government, who establishes that the person is or
				  may be substantially and directly affected by the proceeding, may file a timely
				  petition to intervene as a party to the proceeding. All petitions must be made
				  in writing and received by the Secretary of State, Hearings Section, at least
				  five days before the scheduled proceeding. Untimely petitions may not be
				  accepted or considered.
B.
				  Information required. The petition must include:
1 a statement of facts demonstrating that the
				  petitioner's interests are or may be substantially and directly affected by the
				  proceeding or that the petitioner qualifies as an intervenor pursuant to any
				  provision of State law; and
2 a
				  statement of the reasons and purposes for which intervention is
				  sought.
C.
				  Responsibilities of Hearing Examiner. Prior to the conduct of the proceeding,
				  the Hearing Examiner shall issue an order granting or denying each pending
				  petition for intervention, specifying any conditions, and briefly stating the
				  reasons for the order. The order shall be entered on the formal record of the
				  proceeding. The Hearing Examiner may modify the order at any time, stating the
				  reasons on the record therefore.
1 Factors
				  Hearing Examiner must consider. The Hearing Examiner shall consider the
				  following factors when considering petitions for intervention:
a the nature of the petitioner's right
				  pursuant to any statute to be made party to the proceeding;
b the precise nature and extent of the
				  petitioner's interest in the subject matter or outcome of the
				  proceeding;
c the effect of any
				  order which may be entered in the proceeding on the petitioner's
				  interest;
d the nature of the
				  contested issues;
e the
				  availability of other means whereby the petitioner's interest may be protected,
				  e.g., presentation of written views or argument;
f the extent to which the petitioner's
				  interests will be represented by existing parties;
g the extent to which the petitioner's
				  participation may reasonably be expected to assist in the development of a
				  sound record;
h the extent to which
				  the participation of the petitioner will broaden the issues or delay the
				  proceeding;
i the ability of the
				  petitioner to present relevant evidence and argument; and
j the effect of the participation of the
				  petitioner on existing parties to the proceeding.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 2 - RULES FOR ADMINISTRATIVE HEARINGS › Section 250-2-8 - Pre-hearing conference

Current through 2024-29, July 17, 2024
Prior to any hearing, the Hearing Examiner may, at the
					 request of a party or in the Examiner's discretion, confer with the parties. If
					 a pre-hearing conference is scheduled, all parties will be notified and given
					 an opportunity to participate. Conferences may be held by telephone or in
					 person or may be conducted in writing. Frequently, such conferences are held
					 immediately prior to the scheduled hearing and may include such matters as: the
					 parties' estimation of the time required for the hearing; the identification of
					 the legal issues likely to arise at hearing; the development of stipulations
					 and admissions; the identification and, if possible, agreement as to
					 admissibility of any evidence; the clarification of the issues; the resolution
					 of disputes as to evidence requested to be produced by subpoena or otherwise;
					 or any other action which will aid in the proper and fair conduct of the
					 hearing.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 2 - RULES FOR ADMINISTRATIVE HEARINGS › Section 250-2-9 - Discovery and subpoenas

Current through 2024-29, July 17, 2024
1. Discovery. Prior
				  to the scheduled hearing, a party has the right to obtain copies of any
				  documents, records or exhibits intended to be introduced into evidence at the
				  hearing. Problems or disagreements shall be made known to the Hearing Examiner
				  at least five days prior to the scheduled hearing date.
2. Subpoenas.
A. Right to issuance. A party has the right
				  to the issuance of subpoenas in the name of the Secretary of State to require
				  the attendance and testimony of witnesses and the production of evidence
				  relevant to any issue of fact at the hearing.
B. Petition to vacate or modify subpoena. Any
				  witness issued a subpoena may petition the Secretary of State to vacate or
				  modify the subpoena. The Secretary of State shall promptly give notice of such
				  petitionto the party who requested the issuance of the subpoena. The Secretary
				  of State may conduct an investigation as deemed necessary and appropriate. The
				  Secretary of State may, to protect a person subject to or affected by the
				  subpoena, vacate or modify the subpoena or, if the party in whose behalf the
				  subpoena is issued shows a substantial need for the testimony or material that
				  cannot otherwise be met without undue hardship and assures that the person to
				  whom the subpoena is issued will be reasonably compensated, the Secretary of
				  State may order appearance or production only upon specified conditions.
1 Factors to be considered in deciding
				  petitions. In addition to any other applicable statutory provisions, the
				  Secretary of State shall consider the following factors when deciding to vacate
				  or modify subpoenas:
a whether the information
				  sought by the subpoena is relevant to the proceeding;
b whether the subpoena allows a reasonable
				  time for compliance;
c whether the
				  subpoena requires a person to incur a substantial expense to travel more than
				  one hundred miles one way to attend the hearing;
d whether the subpoena requires disclosure of
				  privileged or other protected matter and no exception or waiver
				  applies;
e whether the subpoena
				  requires disclosure of a trade secret or other confidential research,
				  development, or commercial information; and
f whether the subpoena subjects a person to
				  undue burden.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 2 - RULES FOR ADMINISTRATIVE HEARINGS › Section 250-2-11 - Issues resolved at the hearing

Current through 2024-29, July 17, 2024
The issues at the hearing shall be limited to those
					 outlined in the applicable statute and shall be stated for the record by the
					 Hearing Examiner at the beginning of each hearing.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 2 - RULES FOR ADMINISTRATIVE HEARINGS › Section 250-2-13 - Ex parte communication

Current through 2024-29, July 17, 2024
No Hearing Examiner shall communicate directly or
					 indirectly about any material issue involved in a hearing with any party,
					 except upon notice and opportunity for all parties to participate. This section
					 does not prohibit a Hearing Examiner from communicating in any respect with
					 other Bureau members or having the aid or advice of Bureau members, counsel or
					 consultants retained by the Bureau who have not participated and will not
					 participate in that hearing in an advocate capacity.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 2 - RULES FOR ADMINISTRATIVE HEARINGS › Section 250-2-14 - Presentation of evidence; official notice

Current through 2024-29, July 17, 2024
1.
				  Persons may present evidence bearing directly on the issues involved in the
				  hearing, call and examine witnesses, and cross-examine adverse witnesses.In
				  lieu of live testimony, video and telephone testimony may be offered.
2. The Administrative Procedure Act, 5
				  M.R.S.A. Chapter 375, Subchapter IV, shall control the admissibility of
				  evidence at hearings. Evidence shall be admitted if it is the kind of evidence
				  upon which reasonable persons are accustomed to rely in the conduct of serious
				  affairs.
3. The rules of privilege
				  recognized by law shall be observed.
4. TheHearing Examiner may exclude evidence
				  that is irrelevant or unduly repetitious.
5. The Hearing Examiner may take official
				  notice of records maintained by the Secretary of State, e.g., accident reports,
				  affidavits and any information of which a court could take judicial notice.
				  Parties shall be notified of the material so noticed, and they shall be
				  afforded an opportunity to contest the substance or materiality of the facts
				  noticed. Facts officially noticed shall be included and indicated as such in
				  the record.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 2 - RULES FOR ADMINISTRATIVE HEARINGS › Section 250-2-15 - Record

Current through 2024-29, July 17, 2024
1. The Hearing Examiner shall make a record
				  consisting of:
A. A brief statement of the
				  issues to be decided;
B. Evidence
				  received or considered;
C. A
				  statement of facts officially noticed;
D. Offers of proof, objections and ruling
				  thereon;
E. Proposed findings and
				  objections, if any;
F. The
				  recommended decision, opinion, or report, if any, by the Hearing
				  Examiner;
G. Staff
				  memoranda;
H. The
				  decision.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 2 - RULES FOR ADMINISTRATIVE HEARINGS › Section 250-2-16 - Recommended findings and decision

Current through 2024-29, July 17, 2024
In any case in which law or regulations or special
					 instructions from the Secretary of State dictate that an individual other than
					 the Hearing Examiner will make a final hearing decision, the Hearing Examiner
					 will prepare a recommended decision rather than a final hearing decision. A
					 recommended decision will be made on the same basis and in the same form as a
					 final decision.
Copies of recommended decisions will be provided to all
					 parties who will have an opportunity to submit responses and exceptions to the
					 final decision maker. These written responses and exceptions will be due within
					 twenty days of receipt of the recommended decision and copies provided to all
					 parties, the Hearing Examiner, the Secretary of State and/or the Secretary of
					 State's designee.
The responses and exceptions shall contain:
1. a clear statement of the party's position
				  and the reason for it;
2. a listing
				  of any errors or omissions made by the Hearing Examiner during the
				  hearing;
3. any relevant legal
				  arguments the party wishes to offer.
Additional factual information which could have been
					 presented and considered during the hearing need not be considered by the final
					 decision maker.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 2 - RULES FOR ADMINISTRATIVE HEARINGS › Section 250-2-17 - Decisions

Current through 2024-29, July 17, 2024
1. Decisions shall be in writing or stated in
				  the record, and shall include findings of fact sufficient to apprise the person
				  involved of the basis for the decision.
2. A copy of any written decision shall be
				  delivered or mailed to the person involved and his or her
				  representative.
3. The decision of
				  the Hearing Examiner constitutes the final agency action by the Secretary of
				  State.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 2 - RULES FOR ADMINISTRATIVE HEARINGS › Section 250-2-18 - Notice of right to appeal; request for stay

Current through 2024-29, July 17, 2024
Written notice of the person's right to appeal the decision
					 to the Superior Court, of the action required to file or perfect the appeal,
					 and the time within which this action must be taken in order to exercise the
					 rights of appeal must be given with the decision.
Requests for stay of administrative suspension pending
					 appeal to the Superior Court must be made in writing first to the Director of
					 the Division of Legal Affairs, Adjudications and Hearings, Bureau of Motor
					 Vehicles. A stay may be issued only upon showing of irreparable injury to the
					 petitioner, a strong likelihood of success on the merits and no substantial
					 harm to adverse parties or the general public.
The Director or a designee shall issue a prompt response to
					 any request, basing the decision on whether the hearing was conducted in
					 accordance with all applicable rules, regulations and statutes, whether the
					 decision is supported by the evidence, whether an appeal is likely to succeed,
					 and whether the petitioner's prior driving record indicates the petitioner does
					 not present a significant threat to the safety of the motoring public.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 2 - RULES FOR ADMINISTRATIVE HEARINGS › Section 250-2-19 - Correction or amendment of hearing decision

Current through 2024-29, July 17, 2024
Either at the request of a party or sua sponte, a Hearing
					 Examiner may correct or amend a decision to correct a ministerial or
					 typographical error, to clarify or correct the record, or to rule upon any
					 issue that was heard but not ruled upon. If the correction or amendment is
					 substantive, the Hearing Examiner shall reiterate the mechanism for appeal of
					 the decision.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 2 - RULES FOR ADMINISTRATIVE HEARINGS › Section 250-2-20 - Reopening of hearings

Current through 2024-29, July 17, 2024
Either at the request of a party or sua sponte, the Hearing
					 Examiner may upon notice to all parties reopen the record of any hearing under
					 the following circumstances:
1. a
				  party to the original hearing has discovered new evidence which could
				  reasonably have affected the outcome of the proceeding but could not have been
				  discovered by due diligence in time to present during the original proceeding,
				  or;
2. there was fraud or
				  misrepresentation regarding an issue of fact material to the original
				  proceeding, which could reasonably be determined to have affected the outcome
				  of the proceeding, if known at the time or;
3. all parties agree to reopen.
A motion to request to amend or reconsider a decision or to
					 reopen the hearing does not extend the statutory appeal period (which is
					 jurisdictional).
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 2 - RULES FOR ADMINISTRATIVE HEARINGS › Section 250-2-21 - Advisory rulings

Current through 2024-29, July 17, 2024
An interested person may request the Department of the
					 Secretary of State, Bureau of Motor Vehicles to make an advisory ruling with
					 respect to the applicability of any statute or rule administered by the Bureau
					 to the person or the person's property or actual state of facts. All advisory
					 rulings must be in writing and are not deemed binding upon the Bureau. An
					 interested person shall direct the written request for an advisory ruling to:
					 Bureau of Motor Vehicles, 29 State House Station, Augusta, Maine 04333.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 3 - PHYSICAL, EMOTIONAL AND MENTAL COMPETENCE TO OPERATE A MOTOR VEHICLE › Section 250-3-1 - STANDARDS

Current through 2024-29, July 17, 2024
1.
Secretary
				  of State
. The Secretary of State shall determine the physical,
				  emotional, and mental competence of a person to operate a motor vehicle with
				  the advice of the Medical Advisory Board and on the basis of the Functional
				  AbilityProfiles.
2.
Functional Ability Profiles
. Standards to determine the competence
				  of a person to operate a motor vehicle are those contained in the "Functional
				  Ability Profiles" adopted by the Secretary of State with the assistance of the
				  Medical Advisory Board.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 3 - PHYSICAL, EMOTIONAL AND MENTAL COMPETENCE TO OPERATE A MOTOR VEHICLE › Section 250-3-2 - REPORTING SYSTEM

Current through 2024-29, July 17, 2024
1.
Medical
				  conditions requiring report
. Conditions which may result in functional
				  limitations and increase risk of unsafe operation of a motor vehicle should be
				  reported. Conditions for which a person is required to submit a report to the
				  Secretary of State include, but are not limited to, alterations/loss of
				  consciousness, brain injury, cardiovascular, chronic respiratory diseases,
				  CVA/stroke, hypoglycemia, musculoskeletal, neurological (including dementia,
				  epilepsy/seizures, narcolepsy, Parkinson's, sleep apnea), substance use, mental
				  health conditions, and visual disorders.
2.
Sources of information
.
				  Sources of information concerning medical conditions include, but are not
				  limited to:
A. Permit, license, or renewal
				  applications, and accident reports;
B. Written reports from family, physicians,
				  law enforcement personnel and other government agencies; and
C. Signed statements from citizens.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 4 - DRIVER LICENSE EXAMINATION RULES › Section 250-4-1 - COMPONENTS OF THE DRIVER LICENSE EXAMINATION

Current through 2024-29, July 17, 2024
Except as provided in section
					 2, the examination required by 29 MRSA
					 Section581 to determine a person's qualifications to operate a motor vehicle
					 must consist of a road sign test, knowledge test, vision test and road
					 test.
A.
Road Sign Test
1 The road sign test is administered to
				  applicants to determine their ability to identify and understand highway
				  signs.
2 The road sign test must
				  consist of at least 10 questions. The applicant must correctly answer eighty
				  (80) percent to qualify for a license.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 4 - DRIVER LICENSE EXAMINATION RULES › Section 250-4-2 - ADOPTION OF FEDERAL REGULATIONS AS STATE RULES

Current through 2024-29, July 17, 2024
Except as specifically exempted, 49 Code of Federal
					 Regulations Part 383, Subparts B, E, F, G and H, as amended from time to time,
					 are hereby adopted as the Secretary of State's rules governing applicants for
					 commercial drivers licenses and are incorporated by reference into these rules.
					 Subpart G includes the examination requirements contained in the Maine Driver
					 License Examination Manual and the Commercial Driver's Manual.
(a) Exemptions. The following exemptions are
				  made to 49 Code of Federal Regulations Part 383 and are not adopted as part of
				  these rules.
i Part 383.71(a) (3);
ii Part 383.73(b)(4)(ii);
iii Part 383.75; and
iv Part 383.77 after March 31,
				  1992.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 4 - DRIVER LICENSE EXAMINATION RULES › Section 250-4-3 - WAIVER

Current through 2024-29, July 17, 2024
Unless in conflict with any state or federal statute,
					 regulation or rule, any component of the driver license examination may be
					 waived by the Secretary of State.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 6 - RULES FOR THE SUSPENSION OF COMMERCIAL DRIVERS' LICENSES › Section 250-6-1 - Purposes

Current through 2024-29, July 17, 2024
The purposes of these rules are to implement the provisions
					 of the federal Commercial Motor Vehicle Safety Act of 1986 ( Public Law 99-570
					 Title XII) and Motor Carrier Safety Improvement Act of 1999 (
					 Public Law
					 106-59 ), 113 Stat. 1748 and rules adopted thereto
					 ; to reduce or prevent commercial motor vehicle accidents, fatalities and
					 injuries by disqualifying persons who have committed serious traffic or other
					 designated offenses from operating commercial motor vehicles; and to remove
					 quickly from the public highways of this State those drivers of commercial
					 motor vehicles who have shown themselves to be safety hazards by operating
					 commercial motor vehicles while having 0.04 percent or more by weight of
					 alcohol in the blood, failing to submit to and complete a test to determine the
					 blood-alcohol level, or operating a commercial motor vehicle while under the
					 influence of liquor or drugs. These rules also implement certain provisions of
					 the Uniting and Strengthening America by Providing Appropriate Tools Required
					 to Intercept and Obstruct Terrorism (USA Patriot Act) Act of 2001 (
					 Public Law
					 107-56 ) and rules adopted thereto. To effectuate
					 the purposes of these rules the Secretary of State shall participate in the
					 National commercial driver's license information system clearing house.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 6 - RULES FOR THE SUSPENSION OF COMMERCIAL DRIVERS' LICENSES › Section 250-6-2 - Definitions

Current through 2024-29, July 17, 2024
For the purpose of these rules the following definitions
					 apply:
A. Commercial driver's license
				  means a license issued by this state or other jurisdiction to an individual
				  which authorizes the individual to operate a class of commercial motor
				  vehicle.
B. Chemical test means a
				  test or tests used to determine blood-alcohol level or drug concentration by
				  analysis of blood, breath or urine.
C. Commercial motor vehicle (CMV) means a
				  motor vehicle or combination of motor vehicles that:
1 Has a gross combination weight rating or a
				  registered weight of 26,001 or more pounds, inclusive of a towed unit with a
				  gross vehicle weight rating or gross weight of more than 10,000 pounds;
				  or
2 Has a gross vehicle weight
				  rating or registered weight of 26,001 or more pounds;
3 Is a bus; or
4 Is in any vehicle weight class and used in
				  the transportation of hazardous materials requiring placarding pursuant to
				  49
				  USC Section 5102(2) [United
				  States Code, 2000 Edition, Supplement 1] and related regulations in
				  49 CFR Sections
				  172.500 to
				  172.600
				  [Code of Federal Regulations, October 1, 2004 Edition] or any quantity of
				  material listed as a select agent or toxin in 42 CFR Sections 73 to
				  73.2 [Code of
				  Federal Regulations, October 1, 2004 Edition].
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 6 - RULES FOR THE SUSPENSION OF COMMERCIAL DRIVERS' LICENSES › Section 250-6-3 - Suspension on administrative determination for operating a commercial motor vehicle while having 0.04% or more by weight of alcohol in the blood

Current through 2024-29, July 17, 2024
A. Suspension. Except where a longer period
				  of suspension is otherwise provided by law, the Secretary of State shall
				  suspend the commercial driver's license or permit to operate, privilege to
				  operate a commercial motor vehicle and privilege to apply for or obtain a
				  commercial driver's license of any person:
1
				  As to whom there is received a record of conviction or adjudication for
				  operating a commercial motor vehicle while having 0.04% or more by weight of
				  Alcohol in the blood, while under the influence of intoxicating liquor or
				  drugs, or with an excessive blood-alcohol level; or
2 As to whom the Secretary of State
				  determines has operated a commercial motor vehicle while having 0.04% or more
				  by weight of alcohol in the blood.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 6 - RULES FOR THE SUSPENSION OF COMMERCIAL DRIVERS' LICENSES › Section 250-6-4 - Suspension of commercial driver's licenses on conviction or adjudication

Current through 2024-29, July 17, 2024
A. Except where a longer period of suspension
				  is otherwise provided by law, the Secretary of State shall suspend for a period
				  of at least one year the commercial driver's license or permit to operate,
				  privilege to operate a commercial motor vehicle and privilege to apply for or
				  obtain a commercial driver's license of any person as to whom there is received
				  a record of conviction or adjudication for:
1
				  leaving the scene of an accident involving a commercial motor vehicle operated
				  by the person;
2 a Class A, Class
				  B, Class C crime, or any other crime that is punishable by death or
				  imprisonment for a term exceeding one year, the commission of which involved
				  the use of a commercial motor vehicle;
3 operating a commercial motor vehicle while
				  under the influence of a controlled substance.
4 operating a commercial motor vehicle after
				  the person's license has been suspended, revoked, cancelled or withdrawn for
				  violations while operating a commercial motor vehicle; or
5 causing a fatality by the negligent or
				  criminal operation of a commercial motor vehicle.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 6 - RULES FOR THE SUSPENSION OF COMMERCIAL DRIVERS' LICENSES › Section 250-6-5 - Suspension of commercial driver's license on conviction or adjudication for multiple serious traffic violations

Current through 2024-29, July 17, 2024
A. Except where
				  a longer period of suspension is otherwise provided by law, the Secretary of
				  State shall suspend for a period of at least sixty days the commercial driver's
				  license or permit to operate, privilege to operate a commercial motor vehicle
				  and privilege to apply for or obtain a commercial driver's license of any
				  person as to whom there is received a record of two convictions or
				  adjudications for serious traffic violations, as defined by Section 2(K), that
				  were committed within a three year period while operating a commercial motor
				  vehicle.
B. Except where a longer
				  period of suspension is otherwise provided by the law, the Secretary of State
				  shall suspend for a period of at least 120 days the commercial driver's license
				  or permit to operate, privilege to operate a commercial motor vehicle and
				  privilege to apply for or obtain a commercial driver's license of any person as
				  to whom there is received a record of three convictions or adjudications for
				  serious traffic violations, as defined by Section 2(K), that were committed
				  within a three year period while operating a commercial motor
				  vehicle.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 6 - RULES FOR THE SUSPENSION OF COMMERCIAL DRIVERS' LICENSES › Section 250-6-7 - Suspension of commercial driver's license on conviction or adjudication for a railroad, grade, or track crossing violation

Current through 2024-29, July 17, 2024
A. Except where a longer period of suspension
				  is otherwise provided by law, the Secretary of State shall suspend for a period
				  of at least 60 days the commercial driver's license or permit to operate,
				  privilege to operate a commercial motor vehicle and privilege to apply for or
				  obtain a commercial driver's license of any person as to whom there is received
				  a conviction or adjudication for a railroad, grade, or track crossing violation
				  that was committed while operating a commercial motor vehicle.
B. Except where a longer period of suspension
				  is otherwise provided by the law, the Secretary of State shall suspend for a
				  period of at least 120 days the commercial driver's license or permit to
				  operate, privilege to operate a commercial motor vehicle and privilege to apply
				  for or obtain a commercial driver's license of any person as to whom there is
				  received a record of two convictions or adjudications for railroad, grade, or
				  track crossing violations that were committed within a three year period while
				  operating a commercial motor vehicle.
C. Except where a longer period of suspension
				  is otherwise provided by law, the Secretary of State shall suspend for a period
				  of one year the commercial driver's license or permit to operate, privilege to
				  operate a commercial motor vehicle and privilege to apply for or obtain a
				  commercial driver's license of any person as to whom there is received a record
				  of three or more convictions or adjudications for railroad, grade, or track
				  crossing violations that were committed within a three year period while
				  operating a commercial motor vehicle.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 6 - RULES FOR THE SUSPENSION OF COMMERCIAL DRIVERS' LICENSES › Section 250-6-8 - Suspension of commercial driver's license on conviction or adjudication of offenses committed while operating Non-CMVs

Current through 2024-29, July 17, 2024
A. A
				  conviction, adjudication or suspension for an offense or conduct described in
				  these rules, state or federal statute or rules committed by a person who has
				  been issued a commercial driver's license or permit while operating a Non-CMV
				  must be treated the same as if the offense or conduct occurred while operating
				  a CMV, provided the conviction, adjudication or conduct results in the
				  revocation, cancellation or suspension of the person's commercial or
				  non-commercial driver's license.
B.
				  Paragraph A applies to conduct and offenses occurring after September 29,
				  2005.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 6 - RULES FOR THE SUSPENSION OF COMMERCIAL DRIVERS' LICENSES › Section 250-6-9 - USA Patriot Act

Current through 2024-29, July 17, 2024
The Secretary of State shall suspend or refuse to issue a
					 commercial driver's license or endorsement of any person who is required to
					 comply with the requirements and conditions of the Act and fails to do
					 so.
There will be no fiscal impact to municipalities resulting
					 from the adoption of these amendments.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 7 - RULES FOR THE SUSPENSION OF LICENSES FOR FAILURE TO COMPLY WITH CHILD SUPPORT ORDERS › Section 250-7-1 - Purposes

Current through 2024-29, July 17, 2024
. The purpose of these rules is to implement the provisions
					 of 19-A MRSA § 2202 and 29-A MRSA §§ 2459 and 2459-A which
					 require the Secretary of State to suspend the driver permits and licenses of
					 individuals whom the Commissioner of Health and Human Services or the Penobscot
					 Nation certifies are not in compliance with child support orders. The rules
					 establish permit and license suspension and restoration requirements and set
					 conditions for the issuance of temporary driver's licenses.