Maine Contractor Licensing Law
Maine Code · 21 sections
The following is the full text of Maine’s contractor licensing law statutes as published in the Maine Code. For the official version, see the Maine Legislature.
Me. Rev. Stat. tit. 32, § 1102
The provisions of this chapter shall not apply to the following: [PL 1973, c. 363 (RPR).] 1. Commissions. [PL 1997, c. 119, §2 (RP).] 1-A. Public utility. An entity subject to the jurisdiction of the Public Utilities Commission, the Federal Energy Regulatory Commission or the Federal Communications Commission, including all employees of such an entity, but only to the extent the entity or its employees are making electrical installations in furtherance of providing its authorized service or activities incidental to that authorized service. This exception does not apply to: A. Installations, other than installation of a meter, inside a customer's building; [PL 2011, c. 290, §3 (NEW).] B. Installations of manufactured housing service equipment; and [PL 2017, c. 198, §3 (AMD).] C. Installations at any business office of a utility corporation that is not physically located adjacent to the utility's generation or transmission and distribution plant; [PL 2011, c. 290, §3 (NEW).] [PL 2017, c. 198, §3 (AMD).] 1-B. Aboveground electric lines. Electrical work in connection with the construction, installation, operation, repair or maintenance of any aboveground electric transmission line capable of operating at one kilovolt or more. [PL 2017, c. 198, §4 (AMD).] 1-C. Contractor. An entity, including all employees of such an entity, to the extent the entity has contracted with a public utility, as described in this section, to perform services for the public utility, but only to the extent the public utility would be exempt from this chapter if it were performing the services directly through its employees; or [PL 2011, c. 290, §5 (NEW).] 2. Utility corporations. [PL 2011, c. 290, §6 (RP).] 3. Mines, ships and carriers. The electrical work and equipment in mines, pipeline systems, ships, railway rolling stock or automotive equipment. [PL 1999, c. 386, Pt. F, §2 (AMD).] 4. Certain laboratories. [PL 1999, c. 386, Pt. F, §3 (RP).] 5. Oil burner technicians. [PL 1999, c. 386, Pt. F, §4 (RP).] 6. Elevator mechanics. [PL 1999, c. 386, Pt. F, §5 (RP).] 7. Low-energy installers. [PL 1991, c. 531, §3 (RP).] 8. Gas installers. [PL 1999, c. 386, Pt. F, §6 (RP).] 9. Plumbers. [PL 1999, c. 386, Pt. F, §7 (RP).] 10. Pump installers. [PL 1999, c. 386, Pt. F, §7 (RP).] SECTION HISTORY PL 1967, c. 69, §1 (AMD). PL 1967, c. 312, §2 (AMD). PL 1973, c. 363 (RPR). PL 1979, c. 127, §177 (AMD). PL 1987, c. 395, §B5 (AMD). PL 1987, c. 735, §§47,48 (AMD). PL 1991, c. 531, §§1-3 (AMD). PL 1993, c. 659, §A2 (AMD). PL 1995, c. 114, §§1-4 (AMD). PL 1995, c. 560, §H12 (AMD). PL 1995, c. 560, §H17 (AFF). PL 1997, c. 119, §§2,3 (AMD). PL 1997, c. 576, §1 (AMD). PL 1999, c. 386, §§F2-7 (AMD). PL 1999, c. 657, §13 (AMD). PL 2011, c. 290, §§3-6 (AMD). PL 2017, c. 198, §§3, 4 (AMD). The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Me. Rev. Stat. tit. 32, § 1102-C
1. Permit required. Except as otherwise provided in this section and in section 1102‑D, a permit must be obtained from the board before an electrical installation may be performed. [PL 2017, c. 198, §6 (NEW).] 2. Application for permit. An application for a permit must be submitted by a licensed master electrician or limited electrician on a form provided by the board together with any plans, specifications or schedules the board may require prior to making the electrical installation. If the board determines that the description of the electrical installation planned is in compliance with all applicable statutes, ordinances and rules, and a fee required under subsection 4 has been paid, the board shall issue a permit. [PL 2017, c. 198, §6 (NEW).] 3. Inspection required. An inspection is required before electrical wiring is enclosed through the construction process. The licensed electrician performing the electrical installation shall notify a state electrical inspector, or the local municipal inspector if the municipality has an electrical inspector, when the installation is ready for inspection. The inspector shall determine whether the electrical installation complies with all applicable statutes, ordinances and rules. If the inspector determines that the electrical installation does not comply, the procedures set forth in section 1104 apply. A utility corporation must require proof of permit prior to connecting power to the electrical installation. [PL 2017, c. 198, §6 (NEW).] 4. Procedures and fees. Pursuant to the Maine Administrative Procedure Act, the board may adopt procedures for applications for permits and the conduct of inspections under this section. The combined service fee for a permit and inspection must be paid with every application for a permit. The Director of the Office of Professional and Occupational Regulation within the Department of Professional and Financial Regulation shall adopt by rule a schedule of appropriate service fees, but in no event may any scheduled service fee exceed $100. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A. [PL 2017, c. 198, §6 (NEW).] 5. Exceptions to the permitting requirement. In addition to the exception for a newly constructed single-family dwelling set forth in section 1102‑D, a permit from the board is not required for: A. An electrical installation in a single-family dwelling performed by a licensed electrician qualified under this chapter; [PL 2017, c. 198, §6 (NEW).] A-1. An electrical installation performed by a person making electrical installations in an existing single-family dwelling occupied and owned by that person; [PL 2025, c. 88, §1 (NEW).] B. The electrical work and equipment employed in connection with the construction, installation, operation, repair or maintenance of any utility by a public utility, or by a contractor working on behalf of a public utility as set forth in section 1102, subsection 1‑C, in rendering its authorized service or in any way incidental thereto; [PL 2017, c. 198, §6 (NEW).] C. The electrical work and equipment employed in connection with an aboveground electric transmission line described in section 1102, subsection 1‑B; [PL 2017, c. 198, §6 (NEW).] D. Minor repair work, including the replacement of lamps, fuses, lighting fixtures, switches and sockets, the installation and repair of outlets, radio and other low-voltage equipment and the repair of service entrance equipment; [PL 2017, c. 198, §6 (NEW).] E. Electrical installations for which a permit and inspection are required by municipal resolution or ordinance under Title 30‑A, section 4173; [PL 2017, c. 198, §6 (NEW).] F. Any electrical equipment and work, including construction, installation, operation, maintenance and repair in or about industrial or manufacturing facilities; [PL 2017, c. 198, §6 (NEW).] G. Any electrical equipment and work, including construction, installation, operation, maintenance and repair in, on or about other properties, equipment or buildings, residential or of any other kind, owned or operated by a person engaged in industrial or manufacturing operations provided that the work is done under the supervision of an electrical engineer or master electrician in the employ of that person; [PL 2017, c. 198, §6 (NEW).] H. Work performed by any person licensed under chapter 139 as an oil burner technician, subject to the restrictions of the license as issued; [PL 2017, c. 198, §6 (NEW).] I. Work performed by a person licensed under chapter 139 as a propane and natural gas installer, when installing propane and natural gas utilization equipment, subject to the restrictions of that person's license; [PL 2017, c. 198, §6 (NEW).] J. Work performed by a person licensed under chapter 49 as a plumber, except that this exception applies only to disconnection and connection of electrical conductors required in the replacement of water pumps and water heaters of the same or smaller size in residential properties; or [PL 2017, c. 198, §6 (NEW).] K. Work performed by a person licensed under chapter 69‑C as a pump installer, except that this exception applies only to disconnection and connection of electrical conductors required in the replacement of water pumps of the same or smaller size in residential properties and the installation of new water pumps and associated equipment of 3 horsepower or smaller. [PL 2017, c. 198, §6 (NEW).] [PL 2025, c. 88, §1 (AMD).] SECTION HISTORY PL 2017, c. 198, §6 (NEW). PL 2025, c. 88, §1 (AMD). The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Me. Rev. Stat. tit. 32, § 1371
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 247, §§2, 4 (NEW).] 1. Certificate. "Certificate" means the document issued by the commissioner to a person indicating that the person is certified by the State as qualified to perform the job indicated in that document. [PL 1997, c. 728, §33 (AMD).] 2. Certified responsible managing supervisor. "Certified responsible managing supervisor" means a person certified by the State as qualified to determine whether the plan and installation of fire sprinkler systems meet the standards provided by law, rule and regulation. [PL 1989, c. 247, §§2, 4 (NEW).] 3. Commissioner. "Commissioner" means the Commissioner of Public Safety. [PL 1989, c. 247, §§2, 4 (NEW).] 4. Department. "Department" means the Department of Public Safety. [PL 1989, c. 247, §§2, 4 (NEW).] 5. Fire sprinkler system. "Fire sprinkler system" means an assembly of overhead piping or conduits that conveys water with or without other agents to dispersal openings or devices to extinguish, control or contain fire and to provide protection from exposure to fire or the products of combustion, planned in accordance with a national or state standard. [PL 1997, c. 728, §33 (AMD).] 6. Fire sprinkler system contractor. "Fire sprinkler system contractor" means a person licensed by the commissioner to undertake the planning, installation or inspection of a fire sprinkler system or any part of such a system. [PL 1997, c. 728, §33 (AMD).] 7. Inspect. "Inspect" means to visually examine a fire sprinkler system or a portion of the system to verify that it appears to be in working order and free from physical damage. [PL 1989, c. 247, §§2, 4 (NEW).] 8. Installation. "Installation" means the initial placement of a sprinkler system or part of the system or the extension, modification or alteration of a system or part after the initial placement. [PL 1989, c. 247, §§2, 4 (NEW).] 9. License. "License" means the document issued by the commissioner to a contractor authorizing the contractor to engage in the fire sprinkler system business in this State. [PL 1997, c. 728, §33 (AMD).] 10. Plan. "Plan" means a shop drawing or erection plan of a fire sprinkler system or a part of the system. [PL 1989, c. 247, §§2, 4 (NEW).] 11. Planning. "Planning" means to draw or create plans. [PL 1989, c. 247, §§2, 4 (NEW).] SECTION HISTORY PL 1989, c. 247, §§2,4 (NEW). PL 1997, c. 728, §33 (AMD). The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Me. Rev. Stat. tit. 32, § 1372
1. State requirements. The following documentation is required for persons involved in the installation of fire sprinklers. A. Any person who undertakes planning or installation of a fire sprinkler system, or any part of the system, within this State must be licensed as a fire sprinkler system contractor. A person may not be identified as a fire sprinkler system contractor or any similar term unless licensed by the State. [PL 1997, c. 728, §34 (AMD).] B. Any person who undertakes the review, approval and signing required for plans prior to submission to the Department of Public Safety must be certified by the commissioner. A person may not be identified as a certified responsible managing supervisor unless certified by the State. [PL 1997, c. 728, §34 (AMD).] C. Any person who inspects a fire sprinkler system, other than a certified responsible managing supervisor or an agent of municipal or State Government or licensed insurer who inspects a system in performing that person's duties for that government or insurer, must be registered by the commissioner. [PL 1997, c. 728, §34 (AMD).] [PL 1997, c. 728, §34 (AMD).] 2. Posting of licenses, certificates and registrations. Each license, certificate and registration issued under this chapter must be posted in a conspicuous place in the place of business of the person to whom it is issued. A license, certificate or registration is not transferable. [PL 1997, c. 728, §34 (AMD).] 3. Municipal licenses. A municipality may not require fire sprinkler system contractors to be municipally licensed nor may any municipality issue a permit for any fire sprinkler system unless satisfied that the person applying for the permit complies with this chapter. [PL 1997, c. 728, §34 (AMD).] SECTION HISTORY PL 1989, c. 247, §§2,4 (NEW). PL 1997, c. 728, §34 (AMD). The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Me. Rev. Stat. tit. 32, § 1374
The commissioner shall set fees for licensure, certification and registration which shall be just sufficient to cover the costs of implementing this chapter. A person licensed as a fire sprinkler system contractor who wishes to be certified as a responsible managing supervisor shall not be required to pay a fee for that certification. A person certified as a professional engineer by the State shall not be required to pay a fee for either being licensed as a fire sprinkler system contractor or being certified as a responsible managing supervisor. [PL 1989, c. 247, §§2, 4 (NEW).] All fees received by the department shall be paid to the State Treasurer and shall be used for carrying out this chapter. Any balance of these fees shall not lapse but shall be carried forward as a continuing account to be expended for the same purposes in the following fiscal years. [PL 1989, c. 247, §§2, 4 (NEW).] SECTION HISTORY PL 1989, c. 247, §§2,4 (NEW). The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Me. Rev. Stat. tit. 32, § 1375
1. Fire sprinkler system contractor. The commissioner shall issue a fire sprinkler system contractor license to any person who retains, either by employment or contract, at least one certified responsible managing supervisor. A certified responsible managing supervisor may also be a fire sprinkler system contractor. [PL 1997, c. 728, §35 (AMD).] 2. Certification of responsible managing supervisor. The commissioner shall issue a responsible managing supervisor certificate to any person who: A. Is certified by the National Institute for the Certification in Engineering Technologies at Level III for fire protection automatic sprinkler systems layout; [PL 1989, c. 247, §§2, 4 (NEW).] B. Is licensed by the State as a professional engineer and has 5 years experience in the field of fire protection, mechanical, piping or related engineering fields; or [PL 1989, c. 247, §§2, 4 (NEW).] C. If applying prior to July 1, 1995, has 5 years prior experience in the planning or installation of fire sprinkler systems in the United States if the applicant provides a sworn statement of reference from 3 individuals as to the applicant's experience and is approved by the Fire Sprinkler Advisory Council created in section 1381. [PL 1989, c. 247, §§2, 4 (NEW).] [PL 1997, c. 728, §35 (AMD).] 3. Inspection technician. The commissioner shall issue an inspection technician registration to any person who demonstrates an understanding of fire sprinkler system planning, installation and maintenance sufficient to determine whether a fire sprinkler system is in proper operating condition. [PL 1997, c. 728, §35 (AMD).] SECTION HISTORY PL 1989, c. 247, §§2,4 (NEW). PL 1997, c. 728, §35 (AMD). The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Me. Rev. Stat. tit. 32, § 1376
Within 10 days after terminating employment or a contractual agreement with a licensed fire sprinkler system contractor the certified responsible managing supervisor involved shall notify the commissioner of that fact. [PL 1997, c. 728, §36 (AMD).] SECTION HISTORY PL 1989, c. 247, §§2,4 (NEW). PL 1997, c. 728, §36 (AMD). The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Me. Rev. Stat. tit. 32, § 1377
Prior to construction of any fire sprinkler system, or prior to an addition involving more than 20 new sprinkler heads to a fire sprinkler system, regulated by the National Fire Protection Association, Pamphlet No. 13, as amended, a fire sprinkler system contractor shall obtain a permit from the commissioner who shall review the plan for construction or addition and charge a reasonable fee for the review and permitting process. All plans to be submitted by a contractor to the Department of Public Safety must be reviewed, approved and signed by the certified responsible managing supervisor retained by the contractor. [PL 1997, c. 728, §36 (AMD).] All plans for construction of or alteration to fire sprinkler systems must prominently display the fire sprinkler system contractor's license number, as well as the responsible managing supervisor's certification number and the name and address of the person to install the fire sprinkler system. Each permit issued must be displayed prominently at the site of construction. Within 30 days of the completion of a new fire sprinkler system or an addition to an existing fire sprinkler system, a fire sprinkler system contractor shall provide to the commissioner a copy of the permit signed by the certified responsible managing supervisor representing that the fire sprinkler system has been installed according to specifications of the approved plan to the best of the supervisor's knowledge, information and belief. [PL 1997, c. 728, §36 (AMD).] SECTION HISTORY PL 1989, c. 247, §§2,4 (NEW). PL 1997, c. 728, §36 (AMD). The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Me. Rev. Stat. tit. 32, § 14501
w & Disclaimer Revisor's Office Maine Legislature §14363 Title 32: PROFESSIONS AND OCCUPATIONS Chapter 128: REGULATION OF TRANSIENT SALES Subchapter 1: DOOR-TO-DOOR HOME REPAIR TRANSIENT SELLERS §14502 §14501. Definitions As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2001, c. 324, §3 (AMD).] 1. Consumer. "Consumer" means any person who purchases or contracts for the purchase of home repair services. [PL 1993, c. 444, §1 (NEW).] 2. Department. "Department" means the Department of Professional and Financial Regulation, Office of Professional and Occupational Regulation. [PL 1993, c. 444, §1 (NEW); PL 1995, c. 502, Pt. H, §48 (AMD); PL 2011, c. 286, Pt. B, §5 (REV).] 3. Door-to-door sales. "Door-to-door sales" means the solicitation or sale of home repair services by a home repair seller or the seller's employees to a consumer as a result of or in connection with the seller's or the employee's direct contact accomplished by means of a personal visit to the consumer, other than at the seller's place of business, without the consumer soliciting the initial contact. [PL 1993, c. 444, §1 (NEW).] 4. Employee. "Employee" means any independent contractor, agent or person working for a salary or a commission who is affiliated with a home repair seller. [PL 1993, c. 444, §1 (NEW).] 5. Home repair seller. "Home repair seller" means any person, partnership, corporation, business, trust or other legal entity that sells or provides home repair services. [PL 1993, c. 444, §1 (NEW).] 6. Home repair services. "Home repair services" means to fix, replace, alter, convert, modernize, improve or make an addition to real property primarily designed or used as a residence. "Home repair services" includes, but is not limited to, the construction, installation, replacement, improvement or cleaning of driveways, swimming pools, porches, kitchens, chimneys, chimney liners, garages, fences, fall-out shelters, central air conditioning, central heating, boilers, furnaces, hot water heaters, electric wiring, sewers, plumbing fixtures, storm doors, storm windows, siding or awnings or other improvements to structures within the residence or upon the land adjacent to the residence, including tree trimming. [PL 1993, c. 444, §1 (NEW).] 7. Permanent place of business. "Permanent place of business" means a building or other permanent structure, including a home residence, that is owned or held under a 12-month lease or rental agreement, from which business is commenced and that is used in whole or in part for the purpose of engaging in sales of home repair services. [PL 1993, c. 444, §1 (NEW).] 8. Residence. "Residence" means a single-family or multifamily dwelling, including but not limited to a single-family home, apartment building, condominium, duplex or town house that is used or intended to be used by its occupants as a dwelling place. [PL 1993, c. 444, §1 (NEW).] 9. Tra
Me. Rev. Stat. tit. 32, § 15118
The owner or user of each boiler or pressure vessel required by this chapter to be inspected by the chief inspector or a deputy inspector shall pay an inspection fee or fees as set under section 15104‑C. Not more than one inspection fee may be collected for the inspection of any one boiler or pressure vessel made in any one year, unless additional inspections are required by the owners or users of the boiler or pressure vessel or unless the boiler or pressure vessel has been inspected and an inspection certificate has been refused, withheld or withdrawn or unless an additional inspection is required because of the change of location of a stationary boiler or pressure vessel. [PL 2013, c. 70, Pt. C, §32 (AMD).] The fees for additional inspections required by the code must be paid by the boiler owner or contractor and those fees must include the wages and expenses of the inspector. [PL 1995, c. 560, Pt. H, §14 (NEW); PL 1995, c. 560, Pt. H, §17 (AFF).] SECTION HISTORY PL 1995, c. 560, §H14 (NEW). PL 1995, c. 560, §H17 (AFF). PL 1999, c. 386, §W28 (AMD). PL 2001, c. 323, §44 (AMD). PL 2007, c. 402, Pt. MM, §16 (AMD). PL 2013, c. 70, Pt. C, §32 (AMD). The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Me. Rev. Stat. tit. 32, § 15202
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1995, c. 560, Pt. H, §14 (NEW); PL 1995, c. 560, Pt. H, §17 (AFF).] 1. Approved. [PL 2013, c. 70, Pt. D, §1 (RP).] 2. Board. [PL 2013, c. 70, Pt. D, §2 (RP).] 2-A. Chief inspector. "Chief inspector" means an individual in the employ of the State whose duties include the examination and inspection of elevators and tramways and who has been designated as chief inspector by the Commissioner of Professional and Financial Regulation. [PL 2001, c. 573, Pt. B, §2 (NEW); PL 2001, c. 573, Pt. B, §36 (AFF).] 3. Commissioner. "Commissioner" means the Commissioner of Professional and Financial Regulation. [PL 1995, c. 560, Pt. H, §14 (NEW); PL 1995, c. 560, Pt. H, §17 (AFF).] 3-A. Construction hoist. "Construction hoist" means a hoist that is not an integral part of a building or structure; is installed inside or outside the building or structure during the construction, alteration or demolition of the building or structure; and is used to raise and lower workers, other personnel and materials. "Construction hoist" does not include: A. An elevator that is temporarily installed in a hoistway during the construction of a building or structure and that incorporates a part of a permanent elevator that will be installed later; [PL 2023, c. 326, §1 (NEW).] B. A hoist for raising and lowering materials that is not designed to carry workers or other personnel; [PL 2023, c. 326, §1 (NEW).] C. A manlift that operates through a counterbalance mechanism or through the use of a continuous belt; [PL 2023, c. 326, §1 (NEW).] D. A mine hoist; [PL 2023, c. 326, §1 (NEW).] E. A wire rope hoist, whether guided or unguided; or [PL 2023, c. 326, §1 (NEW).] F. A transport platform. [PL 2023, c. 326, §1 (NEW).] [PL 2023, c. 326, §1 (NEW).] 3-B. Construction hoist operator. "Construction hoist operator" means a person who operates or is responsible for the operation of a construction hoist. [PL 2023, c. 326, §2 (NEW).] 4. Department. "Department" means the Department of Professional and Financial Regulation. [PL 1995, c. 560, Pt. H, §14 (NEW); PL 1995, c. 560, Pt. H, §17 (AFF).] 4-A. Deputy inspector. "Deputy inspector" means an individual in the employ of the State whose duties include the examination and inspection of elevators and tramways under the direction of the chief inspector. [PL 2001, c. 573, Pt. B, §2 (NEW); PL 2001, c. 573, Pt. B, §36 (AFF).] 4-B. Direct supervision. "Direct supervision" means that a helper is working in the presence of a licensed elevator or lift mechanic at all times. [PL 2001, c. 573, Pt. B, §2 (NEW); PL 2001, c. 573, Pt. B, §36 (AFF).] 4-C. Director. "Director" means the Director of the Office of Professional and Occupational Regulation within the department. [PL 2013, c. 70, Pt. D, §3 (AMD).] 5. Elevator. "Elevator" includes an escalator or a manlift and means a guided hoisting and lowering mechanism equipped with a car, platform or load-carrying unit, including doors, well, enclosures, means and appurtenances. "Elevator" does not include an inclined stairway chairlift, a conveyor, chain or bucket hoist or a tiering, piling or feeding device. For the purposes of this subsection, "inclined stairway chairlift" means a mechanized chair apparatus running on a track or rail along the side of a staircase. [PL 2003, c. 292, §1 (AMD).] 5-A. Elevator contractor. "Elevator contractor" means any person, firm, partnership, association, corporation or company engaged in the installation, sale, service, maintenance or inspection of elevators in this State. [PL 2001, c. 573, Pt. B, §2 (NEW); PL 2001, c. 573, Pt. B, §36 (AFF).] 6. Escalator. "Escalator" means a power-driven, inclined and continuous stairway used for raising or lowering passengers. [PL 1995, c. 560, Pt. H, §14 (NEW); PL 1995, c. 560, Pt. H, §17 (AFF).] 7. Freight elevator. [PL 2001, c. 573, Pt. B, §3 (RP); PL 2001, c. 573, Pt. B, §36 (AFF).] 7-A. Helper. "Helper" means a person who is not licensed under this chapter as an elevator mechanic or lift mechanic and who assists in the installation, service or maintenance of elevators located in this State while working under the direct supervision of a licensed elevator mechanic or licensed lift mechanic. [PL 2001, c. 573, Pt. B, §4 (NEW); PL 2001, c. 573, Pt. B, §36 (AFF).] 7-B. Licensed private elevator inspector. "Licensed private elevator inspector" or "licensed private elevator and lift inspector" means an individual who has been licensed by the director to inspect elevators pursuant to this chapter and who is not a state employee whose duty is to inspect elevators. [PL 2013, c. 70, Pt. D, §4 (AMD).] 8. Licensed private tramway inspector. "Licensed private tramway inspector" means an individual who has been licensed by the director to inspect tramways pursuant to this chapter and who is not a state employee whose duty is to inspect tramways. [PL 2013, c. 70, Pt. D, §5 (AMD).] 9. Manlift. "Manlift" means a device, consisting of a power-driven, endless belt or chains, provided with steps or platforms and handholds attached to it for the transportation of personnel from floor to floor. [PL 1995, c. 560, Pt. H, §14 (NEW); PL 1995, c. 560, Pt. H, §17 (AFF).] 10. Operator. "Operator" means the person or persons who physically operate an elevator or tramway. [PL 1995, c. 560, Pt. H, §14 (NEW); PL 1995, c. 560, Pt. H, §17 (AFF).] 11. Owner. "Owner" means a firm, person, partnership, association, corporation or state or political subdivision that owns an elevator or tramway. [PL 1995, c. 560, Pt. H, §14 (NEW); PL 1995, c. 560, Pt. H, §17 (AFF).] 12. Passenger elevator. [PL 2001, c. 573, Pt. B, §6 (RP).] 13. Physically disabled person. "Physically disabled person" means a person who has a physiological disability, infirmity, malformation, disfigurement or condition that eliminates or severely limits the person's ability to have access to the person's environment by normal ambulatory function, necessitating the use of crutches, a wheelchair or other similar device for locomotion. [PL 2021, c. 348, §50 (AMD).] 14. Skier. "Skier" means any person who engages in any of the activities described in section 15217, subsection 1, paragraph B. [PL 2007, c. 287, §1 (AMD).] 15. Ski area. "Ski area" means the ski slopes and trails, adjoining skiable terrain, areas designated by the ski area operator to be used for skiing as defined by section 15217, subsection 1, paragraph B and passenger tramways administered or operated as a single enterprise within this State. [PL 2007, c. 287, §2 (AMD).] 16. Ski industry. "Ski industry" means the activities of all ski area operators. [PL 1995, c. 560, Pt. H, §14 (NEW); PL 1995, c. 560, Pt. H, §17 (AFF).] 17. Ski area operator. "Ski area operator" means a person or organization having operational responsibility for a ski area, including an agency or a political subdivision of this State. [PL 1995, c. 560, Pt. H, §14 (NEW); PL 1995, c. 560, Pt. H, §17 (AFF).] 18. State inspector. [PL 2001, c. 573, Pt. B, §8 (RP); PL 2001, c. 573, Pt. B, §36 (AFF).] 19. Tramway. "Tramway" means a device used to transport passengers uphill on skis or in cars on tracks or suspended in the air by the use of steel cables, chains or belts or by ropes usually supported by trestles or towers with one or more spans. "Tramway" includes the following: A. Reversible aerial tramways, which are that class of aerial passenger tramways and lifts by which passengers are transported in carriers and are not in contact with the ground or snow surface, and in which the carriers reciprocate between terminals. This class includes: (1) Single-reversible tramways, which are a type of reversible lift or aerial tramway having a single carrier, or single group of carriers, that moves back and forth between terminals on a single path of travel, sometimes called "to-and-fro" aerial tramways; and (2) Double-reversible tramways, which are a type of reversible lift or aerial tramway having 2 carriers, or 2 groups of carriers, that oscillate back and forth between terminals on 2 separate paths of travel, sometimes called "jig-back" aerial tramways; [PL 1995, c. 560, Pt. H, §14 (NEW); PL 1995, c. 560, Pt. H, §17 (AFF).] B. Aerial lifts and skimobiles, which are that class of aerial passenger tramways and lifts by which passengers are transported in carriers and are not in contact with the ground or snow surface, and in which the carriers circulate around a closed system and are activated by a wire rope or chain. The carriers usually make U-turns in the terminals and move along parallel and opposing paths of travel. The carriers may be open or enclosed cabins, chairs, cars or platforms. The carriers may be fixed or detachable. This class includes: (1) Gondola lifts, which are a type of lift or aerial tramway by which passengers are transported in open or enclosed cabins. The passengers embark and disembark while the carriers are stationary or moving slowly under a controlled arrangement; (2) Chair lifts, which are a type of lift or aerial tramway by which passengers are transported in chairs, either open or partially enclosed; and (3) Skimobiles, which are a type of lift or aerial tramway by which passengers are transported in open or enclosed cars that ride on a rigid structural system and are propelled by a wire rope or chain; [PL 1995, c. 560, Pt. H, §14 (NEW); PL 1995, c. 560, Pt. H, §17 (AFF).] C. Surface lifts, which are that class of conveyance by which passengers are propelled by means of a circulating overhead wire rope while remaining in contact with the ground or snow surface. Transportation is limited to one direction. Connection between the passengers and the wire rope is by means of a device attached to and circulating with the haul rope known as a "towing outfit." This class includes: (1) T-bar lifts, which are a type of lift in which the device between the haul rope and passengers forms the shape of an inverted "T," propelling passengers located on both sides of the stem of the "T"; (2) J-bar lifts, which are a type of lift in which the device between the haul rope and passenger is in the general form of a "J," propelling a single passenger located on the one side of the stem of the "J"; and (3) Platter lifts, which are a type of lift in which the device between the haul rope and passenger is a single stem with a platter or disk, attached to the lower end of the stem, propelling the passenger astride the stem of the platter or disk; [PL 1995, c. 560, Pt. H, §14 (NEW); PL 1995, c. 560, Pt. H, §17 (AFF).] D. Tows, which are that class of conveyance in which passengers grasp a circulating haul rope, which may be natural or synthetic fiber or metallic, or a handle or gripping device attached to the circulating haul rope, and are propelled by the circulating haul rope. The passengers remain in contact with the ground or snow surface. The upward-traveling haul rope remains adjacent to the uphill track at an elevation that permits the passengers to maintain their grasp on the haul rope, handle or gripping device throughout the portion of the tow length that is designed to be traveled; and [PL 1995, c. 560, Pt. H, §14 (NEW); PL 1995, c. 560, Pt. H, §17 (AFF).] E. Similar equipment not specified in this subsection, but conforming to at least one of the general descriptions in this subsection. [PL 1995, c. 560, Pt. H, §14 (NEW); PL 1995, c. 560, Pt. H, §17 (AFF).] [PL 1995, c. 560, Pt. H, §14 (NEW); PL 1995, c. 560, Pt. H, §17 (AFF).] 20. Tramway passenger. "Tramway passenger" means a person being transported or conveyed by a tramway, waiting in the immediate vicinity for transportation or conveyance by a tramway, moving away from the disembarkation or unloading point of a tramway to clear the way for the following passengers or boarding, embarking upon or disembarking from a tramway. [PL 1995, c. 560, Pt. H, §14 (NEW); PL 1995, c. 560, Pt. H, §17 (AFF).] SECTION HISTORY PL 1995, c. 560, §H14 (NEW). PL 1995, c. 560, §H17 (AFF). PL 1999, c. 386, §X2 (AMD). PL 2001, c. 573, §§B2-8 (AMD). PL 2001, c. 573, §B36 (AFF). PL 2003, c. 292, §1 (AMD). PL 2007, c. 287, §§1, 2 (AMD). PL 2011, c. 286, Pt. B, §5 (REV). PL 2013, c. 70, Pt. D, §§1-5 (AMD). PL 2021, c. 348, §50 (AMD). PL 2023, c. 326, §§1, 2 (AMD). The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Me. Rev. Stat. tit. 32, § 15208
The director shall set standards necessary for the licensure and renewal of private elevator and lift inspectors. The fee for applications, examinations, licenses and renewals must be established by the director pursuant to section 15225‑A and Title 10, section 8003, subsection 2‑A, paragraph D. [PL 2013, c. 70, Pt. D, §12 (AMD).] An elevator contractor or a person who is licensed as a private elevator and lift inspector who services an elevator or lift equipment may not inspect that elevator or lift equipment within 12 months from the date of servicing that elevator or lift equipment. [PL 2001, c. 573, Pt. B, §13 (RPR); PL 2001, c. 573, Pt. B, §36 (AFF).] SECTION HISTORY PL 1995, c. 560, §H14 (NEW). PL 1995, c. 560, §H17 (AFF). PL 1999, c. 386, §X8 (AMD). PL 1999, c. 627, §1 (AMD). PL 2001, c. 573, §B13 (RPR). PL 2001, c. 573, §B36 (AFF). PL 2013, c. 70, Pt. D, §12 (AMD). The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Me. Rev. Stat. tit. 32, § 15208-A
Any person, firm, partnership, association, corporation or company engaged in the installation, sale, service, maintenance or inspection of elevators in this State shall register with the director. The registration must be submitted on a form provided by the director and must include the names and addresses of all licensed private inspectors, licensed mechanics and all helpers employed by the elevator contractor. An elevator contractor shall notify the director of any change in the information required under this section within 30 days of the change. The required fee for registration must be set by the director under section 15225‑A. [PL 2013, c. 70, Pt. D, §13 (AMD).] SECTION HISTORY PL 2001, c. 573, §B14 (NEW). PL 2001, c. 573, §B36 (AFF). PL 2013, c. 70, Pt. D, §13 (AMD). The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Me. Rev. Stat. § t22-s14
Title 22, §14: Action against parties liable for medical care rendered to assistance recipients; assignment of claims
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§13-A
Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES
Subchapter 1: ORGANIZATION; GENERAL POWERS AND DUTIES
§15
§14. Action against parties liable for medical care rendered to assistance recipients; assignment of claims
1.Â
Recovery procedures.Â
When benefits are provided or will be provided to a member under the MaineCare program administered by the department pursuant to the United States Social Security Act, Title XIX, including any prescription drug programs administered under the auspices of MaineCare, referred to collectively in this section as MaineCare, for the medical costs of injury, disease, disability or similar occurrence for which a 3rd party is, or may be, liable, the commissioner may recover from that party the cost of the benefits provided. This right of recovery is separate and independent from any rights or causes of action belonging to a member under the MaineCare program. For MaineCare recipients who participated in the MaineCare managed care program, "cost" means the total value of coverable medical services provided measured by the amount that MaineCare would have paid to providers directly for such services, were it not for the managed care system. The MaineCare program is the payor of last resort and shall provide medical coverage only when there are no other available resources. The Attorney General, or counsel appointed by the Attorney General, may, to enforce this right, institute and prosecute legal proceedings directly against the 3rd party in the appropriate court in the name of the commissioner.
Â
In addition to the right of recovery set forth in this subsection, the commissioner must also be subrogated, to the extent of any benefits provided under the MaineCare program, to any cause of action or claim that a member has against a 3rd party who is or may be liable for medical costs incurred by or on behalf of the member. The Attorney General, or counsel appointed by the Attorney General, to enforce this right may institute and prosecute legal proceedings in the name of the injured person, member, guardian, personal representative, estate or survivor. If necessary to enforce the commissioner's right of recovery, the Attorney General, or counsel appointed by the Attorney General, may institute legal proceedings against any member, including the agent, representative or attorney of that member, who has received a settlement or award from a 3rd party.
Â
The commissioner's right to recover the cost of benefits provided constitutes a statutory lien on the proceeds of an award or settlement from a 3rd party if recovery for MaineCare costs was or could have been included in the recipient's claim for damages from the 3rd party to the extent of the recovery for medical expenses. The commissioner is entitled to recover the cost of the benefits actually paid out when the commissioner has determined that collection will be cost-effective to the extent that there are proceeds available for such recovery after the deduction of reasonable attorney's fees and litigation costs from the gross award or settlement. In determining whether collection will be cost-effective, the commissioner shall consider all factors that diminish potential recovery by the department, including but not limited to questions of liability and comparative negligence or other legal defenses, exigencies of trial that reduce a settlement or award in order to resolve the recipient's claim and limits on the amount of applicable insurance coverage that reduce the claim to the amount recoverable by the recipient. The department's statutory lien may not be reduced to reflect an assessment of a pro rata share of the recipient's attorney's fees or litigation costs. The commissioner may, at the commissioner's discretion, compromise, or otherwise settle and execute a release of, any claim or waive any claim, in whole or in part, if the commissioner determines the collection will not be cost-effective or that the best possible outcome requires compromise, release or settlement.
Â
[PL 2007, c. 381, §1 (AMD).]
2.Â
Condition for eligibility.Â
Â
[PL 1981, c. 24, §1 (RP).]
2-A.Â
Assignment of rights of recovery.Â
The receipt of benefits under the MaineCare program constitutes an assignment by the recipient or any legally liable relative to the department of the right to recover from 3rd parties for the medical cost of injury, disease, disability or similar occurrence for which the recipient receives medical benefits. The department's assigned right to recover is limited to the amount of medical benefits received by the recipient and does not operate as a waiver by the recipient of any other right of recovery against a 3rd party that a recipient may have.
Â
The recipient is also deemed to have appointed the commissioner as the recipient's attorney in fact to perform the specific act of submitting claims, making inquiries, requesting information, verifying other previous, current or potential coverage for the recipient or the recipient's spouse or dependents or endorsing over to the department any and all drafts, checks, money orders or any other negotiable instruments connected with the payment of 3rd-party medical claims to 3rd parties, liable parties or potentially liable 3rd parties. The appointment includes complete access to medical expense records and data, insurance policies and coverage and all other information relating to MaineCare's duty to cost-avoid and seek other coverage or payment response.
Â
[PL 2007, c. 240, Pt. JJJ, §1 (AMD); PL 2007, c. 448, §7 (AMD); PL 2007, c. 448, §14 (AFF).]
2-B.Â
Direct reimbursement to health care provider.Â
When an insured is eligible under the MaineCare program for the medical costs of injury, disease, disability or similar occurrence for which an insurer is liable, and the insured's claim is payable to a health care provider as provided or permitted by the terms of a health insurance policy or pursuant to an assignment of rights by an insured, the insurer shall directly reimburse the health care provider to the extent that the claim is honored.
Â
[PL 2003, c. 20, Pt. K, §2 (AMD).]
2-C.Â
Direct reimbursement to department.Â
When an insured is eligible under the MaineCare program for the medical costs of injury, disease, disability or similar occurrence for which an insurer is liable, and the claim is not payable to a health care provider under the terms of the insurance policy, the insurer shall directly reimburse the Department of Health and Human Services for any medical services paid by the department on behalf of a recipient under the MaineCare program to the extent that those medical services are payable under the terms of the insurance policy. If the insurer knows or has information upon which to reasonably conclude that the insured is a recipient of MaineCare services, the insurer shall advise the department in writing as to the existence of the claim prior to any other payment.
Â
[PL 2003, c. 20, Pt. K, §2 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
2-D.Â
Notification of claim.Â
A recipient under the MaineCare program, or any agent, representative or attorney representing a recipient under the MaineCare program, who makes a claim to recover the medical cost of injury, disease, disability or similar occurrence for which the party received medical benefits under the MaineCare program shall notify the department in writing prior to settlement negotiations and provide information required by the department of the existence of the claim. If the notice is not given and the department's ability to recover for benefits paid is compromised, the department may institute legal proceedings against a recipient, including the agent, representative or attorney of that recipient, who has received a settlement or award from a 3rd party. The department may accept a letter of MaineCare claim protection in lieu of this section.
Â
[PL 2007, c. 381, §2 (AMD).]
2-E.Â
Notification of pleading.Â
In an action to recover the medical cost of injury, disease, disability or similar occurrence for which the party received medical benefits under the MaineCare program, the party bringing the action shall notify the department of that action at least 10 days prior to filing the pleadings. The notification must provide timely opportunity for the department, at its discretion, to intervene in all actions as an interested party. If adequate opportunity to intervene is not given and the departmentâs ability to recover for benefits paid is compromised, the department may institute legal proceedings against a recipient, including the agent, representative or attorney of that recipient, who has received a settlement or award from a 3rd party. The department may accept a letter of MaineCare claim protection in lieu of intervention. Department records indicating medical benefits paid by the department on behalf of the recipient are prima facie evidence of the medical expenses incurred by the recipient for the related medical services.
Â
[PL 2007, c. 381, §3 (AMD).]
2-F.Â
Disbursement.Â
Except as otherwise provided in this subsection, a disbursement of any award, judgment or settlement may not be made to a recipient without the recipient or the recipient's attorney first paying to the department that amount of the award, judgment or settlement that constitutes reimbursement for medical payments made or obtaining from the department a release of any obligation owed to it for medical benefits provided to the recipient. If a dispute arises between the recipient and the commissioner as to the settlement of any claim that the commissioner may have under this section, the 3rd party or the recipient's attorney shall withhold from disbursement to the recipient an amount equal to the commissioner's claim. Either party may apply to the Superior Court or the District Court in which an action based upon the recipient's claim could have been commenced for an order to determine a reasonable amount in satisfaction of the statutory lien, consistent with federal law.
Â
[PL 2007, c. 381, §4 (AMD).]
2-G.Â
Claims against estates of certain Medicaid recipients.Â
Â
[PL 1993, c. 410, Pt. I, §2 (RP).]
2-H.Â
Honoring of assignments.Â
The following provisions apply to claims for payment submitted by the department or a health care provider.
Â
A.
Whenever the department submits claims to a health insurer, as included in 42 United States Code, Section 1396a(a)(25)(I), including self-insured plans, group health plans as defined in the federal Employee Retirement Income Security Act of 1974, Section 607(1), service benefit plans, managed care organizations, pharmacy benefit managers or other parties that are, by statute, contract or agreement, legally responsible for payment of a claim for a health care item or service, on behalf of a current or former recipient under the MaineCare program for whom an assignment of rights has been received, or whose rights have been assigned by the operation of law, the health insurer doing business in the State or providing coverage to a resident of this State must respond to the department within 60 days and:
Â
(1)
Provide information, with respect to individuals who are eligible for or are provided medical assistance under the MaineCare program, upon the request of the State, to determine during what period the individual or the individual's spouse or dependents may be or may have been covered by a health insurer and the nature of the coverage that is or was provided by the health insurer, including the name, address and identifying number of the plan, in a manner prescribed by the United States Secretary of Health and Human Services;
Â
(2)
Accept the State's right of recovery and the assignment to the State of any right of an individual or other entity to payment from the party for an item or service for which payment has been made under the state plan and, in the case of a responsible 3rd party that requires prior authorization for an item or service furnished to an individual eligible to receive medical assistance under the MaineCare program, accept authorization provided by the State that the item or service is covered under the MaineCare program for that individual, as if the authorization were the prior authorization made by the 3rd party for the item or service;
Â
(3)
Respond to any inquiry by the State regarding a claim for payment for any health care item or service that is submitted not later than 3 years after the date of the provision of such health care item or service; and
Â
(4)
Agree not to deny a claim submitted by the State solely on the basis of the date of submission of the claim, the type or format of the claim form, a failure to present proper documentation at the point-of-sale that is the basis of the claim or, in the case of a responsible 3rd party, a failure to obtain a prior authorization for the item or service for which the claim is being submitted, if:
Â
(a)
The claim is submitted by the State within the 3-year period beginning on the date on which the item or service was furnished; and
Â
(b)
Any action by the State to enforce its rights with respect to such claim is commenced within 6 years of the State's submission of such claim.
Â
[PL 2023, c. 162, §1 (AMD).]
B.
[PL 2007, c. 240, Pt. JJJ, §3 (RP).]
C.
A payment made as part of an assignment by a 3rd party to the MaineCare program or a contractor acting on behalf of the MaineCare program is considered final 2 years after the date of the payment and when final the payment is not subject to adjustment.
Â
[PL 2023, c. 162, §1 (NEW).]
[PL 2023, c. 162, §1 (AMD).]
2-I.Â
Claims against estates of MaineCare recipients.Â
Claims against the estates of MaineCare recipients are governed by this subsection.
Â
A.
The department has a claim against the estate of a MaineCare recipient when, after the death of the recipient:
Â
(1)
Property or other assets are discovered that existed and were owned by the recipient during the period when MaineCare benefits were paid for the recipient and disclosure of the property or assets at the time benefits were being paid would have rendered the recipient ineligible to receive the benefits;
Â
(2)
It is determined that the recipient was 55 years of age or older when that person received MaineCare assistance; or
Â
(3)
It is determined that the recipient has received or is entitled to receive benefits under a long-term care insurance policy in connection with which assets or resources are disregarded and medical assistance was paid on behalf of the recipient for nursing facility or other long-term care services.
Â
[PL 2003, c. 20, Pt. K, §2 (AMD).]
B.
The amount of MaineCare benefits paid and recoverable under this subsection is a claim against the estate of the deceased recipient.
Â
(1)
As to assets of the recipient included in the probated estate, this claim may be enforced pursuant to Title 18âC, Article 3, Part 8.
Â
(2)
As to assets of the recipient not included in the probated estate, this claim may be enforced by filing a claim in any court of competent jurisdiction.
Â
[PL 2017, c. 402, Pt. C, §41 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
C.
Except for a claim collected through a voluntary payment arrangement under paragraph Câ2, a claim may not be made under paragraph A, subparagraph (2) or (3) until:
Â
(1)
The recipient has no surviving spouse; and
Â
(2)
The recipient has no surviving child who is under age 21 or who is blind or permanently and totally disabled as defined in 42 United States Code, Section 1382c.
Â
[PL 2005, c. 12, Pt. DDD, §9 (AMD); PL 2005, c. 12, Pt. DDD, §17 (AFF).]
C-1.
[PL 2007, c. 423, §1 (RP).]
C-2.
The department shall provide heirs, assignees or transferees of a deceased recipient an opportunity to pay a claim under this subsection through a voluntary payment arrangement that is acceptable to the department. The payment arrangement may consist of a payment plan, promissory note or other payment mechanism.
Â
[PL 2005, c. 12, Pt. DDD, §9 (NEW); PL 2005, c. 12, Pt. DDD, §17 (AFF).]
D.
Paragraph A, subparagraphs (2) and (3) apply only to a recipient who died on or after October 1, 1993 for MaineCare payments made on or after October 1, 1993.
Â
[PL 2003, c. 20, Pt. K, §2 (AMD).]
E.
A claim under paragraph A, subparagraph (2) must be waived if enforcement of the claim would create an undue hardship under criteria developed by the department or if the costs of collection are likely to exceed the amount recovered. A waiver may be granted in full or in part. A waiver may not be granted if the recipient or waiver applicant acted to lose, diminish, divest, encumber or otherwise transfer any value of or title to an asset for the purpose of preventing recovery under this subsection.
Â
[PL 2005, c. 12, Pt. DDD, §9 (AMD); PL 2005, c. 12, Pt. DDD, §17 (AFF).]
F.
As used in this subsection, unless the context otherwise indicates, the term "estate" means:
Â
(1)
All real and personal property and other assets included in the recipient's estate, as defined in Title 18âC, section 1â201; and
Â
(2)
Any other real and personal property and other assets in which the recipient had any legal interest at the time of death, to the extent of that interest, including assets conveyed to a survivor, heir or assign of the deceased recipient through tenancy in common, survivorship, life estate, living trust, joint tenancy in personal property or other arrangement but not including joint tenancy in real property.
Â
Unless otherwise required by the United States Social Security Act, 42 United States Code, Section 1396p(b), "estate" does not include an account established under a qualified ABLE program that complies with the requirements of the federal Achieving a Better Life Experience Act of 2014, Public Law 113-295.  [PL 2019, c. 348, §2 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
G.
The department may accept, hold, transfer title to and sell real property to collect a claim under this subsection. The department may receive title to real property from a personal representative, special or public administrator, creditor, heir, devisee, assignee or transferee in full or partial satisfaction of a claim under this subsection.
Â
[PL 2005, c. 12, Pt. DDD, §12 (NEW); PL 2005, c. 12, Pt. DDD, §17 (AFF).]
[PL 2019, c. 348, §2 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
2-J.Â
Authority to contract for attorney services.Â
The department is authorized to pursue rights under this section, including 3rd-party reimbursement of MaineCare costs in workers' compensation claims cases, through contracted attorney services. The department may adopt rules as necessary to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2âA.
Â
[PL 2007, c. 311, §1 (NEW).]
3.Â
Definitions.Â
For purposes of this section, "3rd party" or "liable party" or "potentially liable party" means any entity, including, but not limited to, any health insurer as included in 42 United States Code, Section 1396a(a)(25)(I) and any other parties that are, by statute, contract or agreement, legally responsible for payment of a claim for a health care item or service, that may be liable under a contract to provide health, automobile, workers' compensation or other insurance coverage that is or may be liable to pay all or part of the medical cost of injury, disease, disability or similar occurrence of an applicant or recipient of benefits under the MaineCare program. For purposes of this section and sections 18 and 19, an "insurance carrier" includes, but is not limited to, health insurers, group health plans as defined in 29 United States Code, Section 1167(1), service benefit plans and health maintenance organizations, as well as any other entity included in 42 United States Code, Section 1396a(a)(25)(I).
Â
"Liable party," "potentially liable party" or "3rd party" also includes the trustee or trustees of any mortuary trust established by the recipient or on the recipient's behalf in which there is money remaining after the actual costs of the funeral and burial have been paid in accordance with the terms of the trust and in which there is no provision that the excess be paid to the decedent's estate. "Liable party," "potentially liable party" or "3rd party" may also include the recipient of benefits under the MaineCare program.
Â
[PL 2007, c. 240, Pt. JJJ, §4 (AMD); PL 2007, c. 448, §9 (AMD); PL 2007, c. 448, §14 (AFF).]
SECTION HISTORY
PL 1979, c. 145 (NEW). PL 1979, c. 610, §§1,2 (AMD). PL 1981, c. 24, §§1,2 (AMD). PL 1981, c. 698, §92 (AMD). PL 1987, c. 203 (AMD). PL 1987, c. 621 (AMD). PL 1989, c. 397, §2 (AMD). PL 1989, c. 778, §§1-3 (AMD). PL 1991, c. 9, §§N1-6 (AMD). PL 1991, c. 815, §1 (AMD). PL 1993, c. 410, §§I2,3 (AMD). PL 1993, c. 707, §I1 (AMD). PL 1995, c. 462, §§D2,3 (AMD). PL 1997, c. 395, §E1 (AMD). PL 1997, c. 795, §§1-4 (AMD). PL 1999, c. 483, §§1,2 (AMD). PL 1999, c. 668, §§94-99 (AMD). PL 1999, c. 731, §§TT1-6 (AMD). PL 2003, c. 20, §K2 (AMD). PL 2003, c. 689, §B6 (REV). PL 2005, c. 12, §DDD9 (AMD). PL 2005, c. 12, §DDD17 (AFF). PL 2007, c. 240, Pt. JJJ, §§1-4 (AMD). PL 2007, c. 311, §1 (AMD). PL 2007, c. 381, §§1-4 (AMD). PL 2007, c. 423, §1 (AMD). PL 2007, c. 448, §§7-9 (AMD). PL 2007, c. 448, §14 (AFF). PL 2009, c. 150, §3 (AMD). PL 2017, c. 402, Pt. C, §§41, 42 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 348, §2 (AMD). PL 2019, c. 417, Pt. B, §14 (AFF). PL 2023, c. 162, §1 (AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public.
If you need legal advice, please consult a qualified attorney.
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Me. Rev. Stat. § t22-s21
Title 22, §21: Definitions
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§20-A
Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES
Subchapter 1-A: ELECTRONIC BENEFIT TRANSFER SYSTEM
§22
§21. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.
Â
[PL 1995, c. 675, §1 (NEW).]
1.Â
AFDC.Â
[PL 2017, c. 284, Pt. NNNNNNN, §2 (RP).]
2.Â
Automated teller machine or ATM.Â
"Automated teller machine" or "ATM" means a machine that accepts a debit card distributed to recipients; to the extent permitted by federal law on the effective date of this subchapter, issues funds from established accounts to recipients; and records and reports individual recipient account activity related to the deposit and distribution of recipient cash benefits.
Â
[PL 1995, c. 675, §1 (NEW).]
3.Â
Debit card.Â
"Debit card" means an encoded plastic card distributed by the department or another department or a contractor with that department for use in an automated teller machine or a point of sale device.
Â
[PL 1995, c. 675, §1 (NEW).]
3-A.Â
Electronic benefits transfer card or EBT card.Â
"Electronic benefits transfer card" or "EBT card" means a card issued by the department under an electronic benefits transfer system for the delivery of benefits to recipients.
Â
[PL 2017, c. 284, Pt. NNNNNNN, §3 (NEW).]
4.Â
Electronic benefits transfer system or EBT.Â
"Electronic benefits transfer system" or "EBT" means a system for the delivery of benefits to recipients by means of credit or debit card services, automated teller machines, point of sale devices or access to online systems for the withdrawal of funds or the processing of a payment for merchandise or a service.
Â
[PL 2011, c. 687, §3 (AMD).]
5.Â
Food stamps.Â
[PL 2023, c. 405, Pt. C, §5 (RP).]
6.Â
Medicaid.Â
"Medicaid" means the Medicaid program under the provisions of the United States Social Security Act, Title XIX, and successors to it, and related rules of the department pursuant to chapter 855.
Â
[PL 1995, c. 675, §1 (NEW).]
7.Â
Other department or another department.Â
"Other department" or "another department" means a department of the State other than the Department of Health and Human Services.
Â
[PL 1995, c. 675, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
8.Â
Other program or another program.Â
"Other program" or "another program" means a program of the department not defined as a program in subsection 10 or a program of another department that is approved for addition to the EBT system.
Â
[PL 1995, c. 675, §1 (NEW).]
8-A.Â
Parents as Scholars Program.Â
"Parents as Scholars" means the program established in chapter 1054âB.
Â
[PL 1997, c. 530, Pt. A, §9 (NEW).]
9.Â
Point of sale device.Â
"Point of sale device" means a machine that accepts a debit card distributed to recipients; electronically processes transactions at the vendor's place of business; and records and reports individual recipient benefit entitlement and distribution.
Â
[PL 1995, c. 675, §1 (NEW).]
10.Â
Program.Â
"Program" means SNAP or the Medicaid program or another program.
Â
[PL 2023, c. 405, Pt. C, §6 (AMD).]
11.Â
Recipient.Â
"Recipient" means a recipient of benefits under SNAP or the Medicaid program or another program.
Â
[PL 2023, c. 405, Pt. C, §7 (AMD).]
11-A.Â
Temporary Assistance for Needy Families.Â
"Temporary Assistance for Needy Families" means the program established in chapter 1053âB.
Â
[PL 1997, c. 530, Pt. A, §9 (NEW).]
11-B.Â
Supplemental Nutrition Assistance Program or SNAP.Â
"Supplemental Nutrition Assistance Program" or "SNAP" means the Supplemental Nutrition Assistance Program established pursuant to section 3104.
Â
[PL 2023, c. 405, Pt. C, §8 (NEW).]
12.Â
Vendor.Â
"Vendor" means an authorized retailer, wholesaler or health care provider that provides food, cash benefits or health care services to a recipient.
Â
[PL 1995, c. 675, §1 (NEW).]
SECTION HISTORY
PL 1995, c. 675, §1 (NEW). PL 1997, c. 530, §§A8,9 (AMD). PL 2003, c. 689, §B6 (REV). PL 2011, c. 687, §3 (AMD). PL 2017, c. 284, Pt. NNNNNNN, §§2-4 (AMD). PL 2023, c. 405, Pt. C, §§5-8 (AMD).
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· Augusta, Maine 04333-0007
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Me. Rev. Stat. § t24A-s10
Title 24-A, §10: Application of code as to particular types of insurers
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§9
Title 24-A: MAINE INSURANCE CODE
Chapter 1: GENERAL DEFINITIONS AND PROVISIONS
§11
§10. Application of code as to particular types of insurers
No provision of this Title shall apply with respect to:
Â
[PL 1969, c. 132, §1 (NEW).]
1.Â
Domestic mutual assessment insurers, as identified in chapter 51, except as stated in such chapter;
Â
[PL 1969, c. 177, §1 (AMD).]
2.Â
Fraternal benefit societies, except as stated in chapter 55;
Â
[PL 1997, c. 676, §2 (AMD).]
3.Â
[PL 1997, c. 457, §9 (RP).]
4.Â
Unless otherwise expressly provided by this Title, a domestic insurer heretofore formed under a special Act of the Legislature, when inconsistent with such special Act as heretofore amended;
Â
[PL 1997, c. 676, §3 (AMD).]
5.Â
The government contracting activities of a health care servicing entity, as defined in Title 22, section 3173, contracting, whether directly or as a subcontractor, with the Department of Health and Human Services, unless otherwise expressly provided by this Title. This Title may apply to other insurance or managed care activities of a health care servicing entity; or
Â
[PL 1997, c. 676, §4 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
6.Â
The government contracting activities of a health care servicing entity, as defined in Title 22âA, section 207, subsection 7, contracting, whether directly or as a subcontractor, with the Department of Health and Human Services, unless otherwise expressly provided by this Title. This Title may apply to any other insurance or managed care activities of a health care servicing entity.
Â
[PL 2007, c. 695, Pt. C, §14 (AMD).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1969, c. 177, §1 (AMD). PL 1985, c. 399, §1 (AMD). PL 1997, c. 457, §§8,9 (AMD). PL 1997, c. 676, §§2-4 (AMD). PL 2001, c. 354, §3 (AMD). PL 2003, c. 689, §B6 (REV). PL 2007, c. 539, Pt. N, §55 (AMD). PL 2007, c. 695, Pt. C, §14 (AMD).
The Revisor's Office cannot provide legal advice or
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If you need legal advice, please consult a qualified attorney.
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Me. Rev. Stat. § t24A-s4
Title 24-A, §4: "Insurer" defined
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§3
Title 24-A: MAINE INSURANCE CODE
Chapter 1: GENERAL DEFINITIONS AND PROVISIONS
§5
§4. "Insurer" defined
"Insurer" includes every person engaged as principal and as indemnitor, surety or contractor in the business of entering into contracts of insurance.
Â
[PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW).
The Revisor's Office cannot provide legal advice or
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Me. Rev. Stat. § t33-s3
Title 33, §3: -- decree
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§2
Title 33: PROPERTY
Chapter 1: CONTRACTS FOR SALE OF REAL ESTATE
§4
§3. -- decree
If it appears that the plaintiff is entitled to a conveyance, the court may require the personal representative, successor or distributee to convey the estate as the deceased ought to have done. The conveyance shall pass the estate as fully as if made by the contractor.
Â
[PL 1979, c. 540, §40 (AMD).]
SECTION HISTORY
PL 1979, c. 540, §40 (AMD).
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Me. Rev. Stat. § t39-s5
Title 39, §5: Predetermination of independent contractor status
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§4
Title 39: WORKERS' COMPENSATION
Chapter 1: WORKERS' COMPENSATION
Subchapter 1: GENERAL PROVISIONS
§6
§5. Predetermination of independent contractor status
(REPEALED)
SECTION HISTORY
PL 1991, c. 615, §A21 (NEW). PL 1991, c. 885, §A7 (RP). PL 1991, c. 885, §§A9-11 (AFF).
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Me. Rev. Stat. § t4-s20
Title 4, §20: Provide for collection of fines and fees from money collected
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§19
Title 4: JUDICIARY
Chapter 1: SUPREME JUDICIAL COURT
Subchapter 1-C: JUDICIAL REGIONS: ASSIGNMENT OF JUSTICES AND JUDGES
§22
§20. Provide for collection of fines and fees from money collected
The Chief Justice of the Supreme Judicial Court shall plan and implement arrangements for the collection of overdue fines and fees due the state courts, the costs of which may be paid from money collected. These arrangements may include but are not limited to: Employing special project clerks, assistants and other staff; contracting with state agencies; contracting for special or private debt collection services; purchasing necessary equipment; and compensating state, county and municipal law enforcement agencies for services provided.
Â
[PL 2011, c. 131, §1 (AMD).]
The Chief Justice of the Supreme Judicial Court may implement arrangements for the use of fines and fees collected under Title 29âA, section 2121 to pay the costs of processing traffic violations under that section and handling the fines or fees. These arrangements may include employing an assistant clerk.
Â
[PL 2019, c. 486, §1 (NEW).]
SECTION HISTORY
PL 1989, c. 875, Pt. E, §3 (NEW). PL 2011, c. 131, §1 (AMD). PL 2019, c. 486, §1 (AMD).
The Revisor's Office cannot provide legal advice or
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If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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Me. Rev. Stat. § t5-s19
Title 5, §19: Financial disclosure by executive employees
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§18-A
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 1: STATE OFFICERS AND EMPLOYEES GENERALLY
Subchapter 1: GENERAL PROVISIONS
§19-A
§19. Financial disclosure by executive employees
1.Â
Definitions.Â
As used in this section, unless the context indicates otherwise, the following terms have the following meanings.
Â
A.
"Appointed executive employee" means a compensated member of the classified or unclassified service employed by the Executive Branch, who is appointed by the Governor and confirmed by the Legislature, or who serves in a major policy-influencing position, except assistant attorneys general, as set forth in chapter 71.
Â
[PL 1987, c. 784, §4 (AMD).]
A-1.
"Associated organization" means any organization in which an executive employee or a member of the executive employee's immediate family is a managerial employee, director, officer or trustee or owns or controls, directly or indirectly, and severally or in the aggregate, at least 10% of the outstanding equity.
Â
[PL 2011, c. 634, §15 (NEW).]
B.
"Constitutional officers" means the Governor, Attorney General, Secretary of State and Treasurer of State.
Â
[PL 1979, c. 734, §2 (NEW).]
B-1.
[PL 2021, c. 567, §5 (RP).]
C.
"Elected executive employee" means the constitutional officers and the State Auditor.
Â
[PL 1979, c. 734, §2 (NEW).]
D.
"Executive employee" means an appointed executive employee or an elected executive employee.
Â
[PL 1979, c. 734, §2 (NEW).]
E.
"Gift" means anything of value, including forgiveness of an obligation or debt, given to a person without that person providing equal or greater consideration to the giver. "Gift" does not include:
Â
(1)
Gifts received from a single source during the reporting period with an aggregate value of $300 or less;
Â
(2)
A bequest or other form of inheritance; and
Â
(3)
A gift received from a relative or from an individual on the basis of a personal friendship as long as that individual is not a registered lobbyist or lobbyist associate under Title 3, section 313, unless the employee has reason to believe that the gift was provided because of the employeeâs official position and not because of a personal friendship.
Â
[PL 2009, c. 524, §1 (AMD).]
F.
"Honorarium" means a payment of money or anything with a monetary resale value to a person for an appearance or a speech by the person. "Honorarium" does not include reimbursement for actual and necessary travel expenses for an appearance or speech. "Honorarium" does not include a payment for an appearance or a speech that is unrelated to the person's official capacity or duties.
Â
[PL 1989, c. 561, §14 (NEW).]
G.
"Immediate family" means a person's spouse, domestic partner or dependent children.
Â
[PL 2011, c. 634, §16 (AMD).]
H.
"Income" means economic gain to a person from any source, including, but not limited to, compensation for services, including fees, commissions and payments in-kind; gross income derived from business; gross income derived from dealings in property, rents and royalties; gross income from investments including interest, capital gains and dividends; annuities; income from life insurance and endowment contracts; pensions; income from discharge of indebtedness; distributions from a partnership or limited liability company; gross income from an interest in an estate or trust; prizes; and grants, but does not include gifts or honoraria. Income received in-kind includes, but is not limited to, the transfer of property and options to buy or lease and stock certificates. "Income" does not include alimony and separate maintenance payments, child support payments or campaign contributions accepted for state or federal office or funds or other property held in trust for another, including but not limited to fees paid in advance or money to be spent on behalf of a client for payment of a licensing or filing fee.
Â
[PL 2011, c. 634, §17 (AMD).]
H-1.
"Managerial employee" means an employee of an organization whose position requires substantial control over the organization's decision making, business operations, financial management or contracting and procurement activities. For the purposes of this subsection, financial management does not include tasks that are considered clerical in nature.
Â
[PL 2011, c. 634, §18 (NEW).]
I.
"Relative" means an individual who is related to the executive employee or the executive employee's spouse as parent, child, sibling, sibling of a parent or that sibling's spouse, sibling of a grandparent or that sibling's spouse, first cousin, child of a sibling, spouse, grandparent, grandchild, parent-in-law, child-in-law, sibling-in-law, stepparent, stepchild, stepsibling or half sibling, and is deemed to include the betrothed of the executive employee.
Â
[RR 2023, c. 2, Pt. B, §6 (COR).]
I-1.
"Reportable liabilities" means any unsecured loan, except a loan made as a campaign contribution recorded as required by law, of $3,000 or more received from a person not a relative. Reportable liabilities do not include:
Â
(1)
A credit card liability;
Â
(2)
An educational loan made or guaranteed by a governmental entity, educational institution or nonprofit organization; or
Â
(3)
A loan made from a state or federally regulated financial institution for business purposes.
Â
[PL 1991, c. 331, §2 (NEW).]
J.
"Self-employed" means that the person qualifies as an independent contractor under Title 39âA, section 102, subsection 13âA.
Â
[PL 2011, c. 643, §2 (AMD); PL 2011, c. 643, §14 (AFF).]
[RR 2023, c. 2, Pt. B, §6 (COR).]
2.Â
Content of statement.Â
Each executive employee shall annually file with the Commission on Governmental Ethics and Election Practices a statement identifying the sources of income received, positions held and reportable liabilities incurred during the preceding calendar year by the executive employee or members of the executive employee's immediate family. The name and, where applicable, the job title of the individual earning or receiving the income must be disclosed, unless otherwise noted. Each source of income must be identified by name, address and principal type of economic or business activity. If disclosure of this type is prohibited by statute, rule or an established code of professional ethics, it is sufficient for the executive employee to specify the principal type of economic or business activity from which the income is derived.
Â
The statement must identify:
Â
A.
If the executive employee is an employee of another person, firm, corporation, association or organization that has provided the executive employee with compensation of $2,000 or more, the name and address of the employer;
Â
[PL 2011, c. 634, §19 (RPR).]
B.
If the executive employee is self-employed, the name and address of the executive employee's business and each source of income derived from self-employment that represents more than 10% of the employee's gross income from self-employment or $2,000, whichever is greater;
Â
[PL 2011, c. 634, §19 (RPR).]
C.
[PL 2011, c. 634, §19 (RP).]
D.
[PL 2011, c. 634, §19 (RP).]
E.
[PL 2011, c. 634, §19 (RP).]
F.
[PL 2011, c. 634, §19 (RP).]
G.
[PL 2011, c. 634, §19 (RP).]
H.
The name, address and principal economic or business activity of any corporation, partnership, limited liability company or other business in which the executive employee or members of the employee's immediate family own or control, directly or indirectly, more than 5% of the outstanding equity, whether individually or in the aggregate, that has received revenue of $2,000 or more;
Â
[PL 2013, c. 401, §3 (AMD).]
I.
Each source of income of $2,000 or more the executive employee derived from providing services as an attorney, the major areas of law practiced by the executive employee and, if associated with a law firm, the major areas of practice of the firm;
Â
[PL 2011, c. 634, §19 (NEW).]
J.
Each additional source of income of $2,000 or more received by the executive employee and a description of the nature of the income, such as rental income, dividend income and capital gains;
Â
[PL 2013, c. 401, §3 (AMD).]
K.
The specific source of each gift received by the executive employee;
Â
[PL 2011, c. 634, §19 (NEW).]
L.
Each source of income of $2,000 or more received by any member of the immediate family of the executive employee, except that the employee is not required to identify the names of dependent children. If the member of the executive employee's immediate family received income of $2,000 or more in compensation, the executive employee shall identify the source of the compensation, the type of the economic activity and the title of the position held by the immediate family member;
Â
[PL 2011, c. 634, §19 (NEW).]
M.
Each source of honoraria of $2,000 or more that the executive employee accepted;
Â
[PL 2011, c. 634, §19 (NEW).]
N.
Each executive branch agency before which the executive employee or a member of the employee's immediate family has represented or assisted others for compensation;
Â
[PL 2011, c. 634, §19 (NEW).]
O.
Each state governmental agency, board or commission to which the executive employee, a member of the employee's immediate family or an associated organization has sold, rented or leased goods or services with a value of $10,000 or more during the preceding calendar year and a description of the goods or services sold, rented or leased;
Â
[PL 2011, c. 634, §19 (NEW).]
P.
Each party as defined in Title 21âA, section 1, subsection 28, including a party committee, and each organization that is required under Title 21âA, chapter 13 to register with the commission as a political action committee or ballot question committee for which the executive employee or a member of the executive employee's immediate family is a treasurer, principal officer or principal fund-raiser or decision maker of the organization;
Â
[PL 2013, c. 401, §3 (AMD).]
Q.
Any offices, trusteeships, directorships or positions of any nature, whether compensated or uncompensated, held by the executive employee or a member of the employee's immediate family with any for-profit or nonprofit firm, corporation, association, limited liability company, partnership or business. For the purposes of this paragraph, service as a clerk of a corporation or as a registered agent authorized to receive service of any process, notice or other demand for a business entity is not considered a position with the corporation or business entity; and
Â
[PL 2011, c. 634, §19 (NEW).]
R.
All reportable liabilities incurred by the executive employee or members of the employee's immediate family during the reporting period.
Â
[PL 2011, c. 634, §19 (NEW).]
[PL 2013, c. 401, §3 (AMD).]
2-A.Â
Statement of interests.Â
[PL 2021, c. 132, §2 (RP).]
3.Â
Time for filing.Â
Â
A.
An elected executive employee shall file an initial report within 30 days of the executive employee's election. An appointed executive employee shall file an initial report prior to confirmation by the Legislature.
Â
[RR 2023, c. 2, Pt. B, §7 (COR).]
B.
Each executive employee shall file the annual report by 5:00 p.m. on April 15th of each year, unless that employee has filed an initial or updating report during the preceding 30 days or has already filed a report for the preceding calendar year pursuant to paragraph A.
Â
[PL 2011, c. 634, §20 (AMD).]
C.
An executive employee shall file an updated statement concerning the current calendar year if the income, reportable liabilities or positions of the executive employee or an immediate family member, excluding dependent children, substantially change from those disclosed in the employee's most recent statement. Substantial changes include, but are not limited to, a new employer that has paid the executive employee or immediate family member, excluding dependent children, $2,000 or more during the current year, another source that has provided the employee with income that totals $2,000 or more during the current year or the acceptance of a new position with a for-profit or nonprofit firm that is reportable under subsection 2, paragraph Q. The executive employee shall file the updated statement within 30 days of the substantial change in income, reportable liabilities or positions.
Â
[PL 2011, c. 634, §21 (RPR).]
[RR 2023, c. 2, Pt. B, §7 (COR).]
3-A.Â
Filing upon termination of employment.Â
An executive employee whose employment has terminated shall file a statement of finances as described in subsection 2 within 45 days after the termination of employment relating to the final calendar year of the employment.
Â
[PL 2021, c. 132, §3 (AMD).]
4.Â
Penalties.Â
Penalties for violation of this section are as follows.
Â
A.
Failing to file a statement within 15 days of having been notified by the Commission on Governmental Ethics and Election Practices is a civil violation for which a fine of not more than $100 may be adjudged. A statement is not considered filed unless it substantially conforms to the requirements of Title 1, chapter 25, subchapter 2 and is properly signed. The commission shall determine whether a statement substantially conforms to such requirements.
Â
[PL 2011, c. 634, §23 (NEW).]
B.
The intentional filing of a false statement is a Class E crime. If the Commission on Governmental Ethics and Election Practices concludes that it appears that an executive employee has willfully filed a false statement, it shall refer its findings of fact to the Attorney General.
Â
[PL 2011, c. 634, §23 (NEW).]
[PL 2011, c. 634, §23 (RPR).]
5.Â
Rules.Â
The Commission on Governmental Ethics and Election Practices may adopt or amend rules to specify the reportable categories or types and the procedures and forms for reporting and to administer this section.
Â
[PL 2007, c. 704, §8 (AMD).]
6.Â
Public record.Â
Statements filed under this section are public records. The Commission on Governmental Ethics and Election Practices shall provide a means for executive employees to file statements in an electronic format that must immediately place the statements on a publicly accessible website. Executive employees shall file statements required by this section using the electronic format prescribed by the commission. If an executive employee can attest to an inability to access or use the electronic filing format, the commission may provide assistance to the employee to ensure proper and timely placement of the required statements on the publicly accessible website.
Â
[PL 2013, c. 401, §4 (AMD).]
7.Â
Disclosure of reportable liabilities.Â
[PL 2011, c. 634, §24 (RP).]
SECTION HISTORY
PL 1979, c. 734, §2 (NEW). PL 1987, c. 784, §4 (AMD). PL 1989, c. 561, §§13-16 (AMD). PL 1989, c. 608, §3 (AMD). PL 1991, c. 331, §§2,3 (AMD). PL 1991, c. 885, §E6 (AMD). PL 1991, c. 885, §E47 (AFF). PL 2001, c. 75, §3 (AMD). PL 2007, c. 704, §§5-9 (AMD). PL 2009, c. 524, §§1-3 (AMD). PL 2011, c. 389, §1 (AMD). PL 2011, c. 634, §§15-24 (AMD). PL 2011, c. 643, §2 (AMD). PL 2011, c. 643, §14 (AFF). PL 2013, c. 401, §§3, 4 (AMD). PL 2021, c. 132, §§2, 3 (AMD). PL 2021, c. 567, §5 (AMD). RR 2023, c. 2, Pt. B, §§6, 7 (COR).
The Revisor's Office cannot provide legal advice or
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If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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· Augusta, Maine 04333-0007
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