| | |
shall provide a written warranty with each new manufactured housing | | unit installed for a buyer. The dealer or the installer shall | | deliver the written warranty to the buyer at the time of the | | installation. The warranty must contain the following: |
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| | | 1. Materials and workmanship. That the installation is free | | from any substantial defects in materials or workmanship; |
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| | | 2. Corrective action. That the dealer and the installer or | the installer and the dealer, when the dealer is responsible for | the installation, shall take appropriate corrective action at the | | site of the manufactured housing in instances of substantial | | defects in materials or workmanship that become evident within | | one year from the date of the installation of the manufactured | | housing if the buyer or the buyer's transferee gives written | notice of the defects to the dealer and the installer or the | installer and the dealer, when the dealer is responsible for | installation, at the installer's or the installer's and the | | dealer's business addresses no later than one year and 10 days | | after the date of installation; |
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| | | 3. Liability. That the dealer and the installer or the | installer and the dealer, when the dealer is responsible for the | installation, are liable to the buyer or the buyer's transferee | | for the fulfillment of the terms of the warranty; and |
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| | | 4. Name, address and phone number of installer. The name, | address and phone number of the dealer and the installer or the | installer and the dealer, when the dealer is responsible for the | installation, to whom written notice of defects must be mailed or | | delivered by the buyer. |
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| | | Sec. A-6. 10 MRSA §1405, as enacted by PL 1973, c. 435, is amended | | to read: |
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| | | §1405. Cumulative remedies; prohibition against waiver |
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| | | The warranty under this chapter shall be is in addition to and | not in derogation of all other rights and privileges which such | | that a consumer may have under any other law or instrument. The | manufacturer or dealer shall or installer may not require the | buyer to waive his the buyer's rights under this chapter and any | such waiver shall be deemed is contrary to public policy and | shall be is unenforceable and void. |
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| | | Sec. A-7. 10 MRSA §9002, sub-§6-A, as enacted by PL 1993, c. 642, §9, | | is repealed. |
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| | | Sec. A-8. 10 MRSA §9002, sub-§9, as amended by PL 1981, c. 152, §5, is | | further amended to read: |
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| | | 9. Mobile home mechanic. "Mechanic Mobile home mechanic" | | means any person engaged in servicing or installing manufactured | housing, as defined in section 9002, subsection 7, paragraphs A | and C, for compensation and is not a regular employee of a | manufacturer or a dealer except as set forth in section 9022, | | subsection 1. |
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| | | Sec. A-9. 10 MRSA §9002, sub-§12 is enacted to read: |
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| | | 12.__Modular home mechanic.__"Modular home mechanic" means any | | person engaged in servicing or installing manufactured housing, | | as defined in subsection 7, paragraph B, for compensation, except | | as set forth in section 9022, subsection 1. |
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| | | Sec. A-10. 10 MRSA §9006-C, sub-§2, as enacted by PL 1993, c. 642, | | §15, is amended to read: |
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| | | 2. Installer's warranty seal. Before manufactured housing | may be installed in this State, the installer dealer, mobile home | | mechanic or modular home mechanic shall obtain from the board a | | Maine installer's warranty seal and attach the seal to the | | manufactured housing. The seal must state that the dealer and | | any mobile home mechanic or modular home mechanic who performs | | the installation, are jointly and severally liable for breach of | the installation warranty. The required fee to the installer for | | the warranty seal may not exceed $25. |
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| | | Sec. A-11. 10 MRSA §9008, as repealed and replaced by PL 1981, c. | | 152, §10, is amended to read: |
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| | | §9008. Prohibited practices |
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| | | 1. Licenses. No A person may not manufacture, sell, broker, | distribute, install or service any manufactured housing in this | | the State or offer to do the same without first obtaining a | | license from the board as required in this chapter. |
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| | | 2. Violation of rules and standards. No A person may not | | knowingly manufacture, sell, broker, distribute, install or | | service manufactured housing in the State that is not in | compliance with the regulations rules and standards authorized | | under this chapter. |
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| | | Sec. A-12. 10 MRSA §9009, sub-§2, as amended by PL 1993, c. 642, §16 | | and c. 547, Pt. B, §78 and affected by §80, is repealed and the | | following enacted in its place: |
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| | | 2.__Investigation of complaints; revocation or suspension of | | licenses. The board shall investigate or cause to be investigated |
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| | | all complaints made to the board and all cases of noncompliance | | with or violation of this chapter or of a warranty applicable to | | the manufacture or installation of manufactured housing. | | Notwithstanding Title 5, section 10051, if the board after notice | | and a hearing finds that the manufacturer, dealer, installer or | | mechanic has violated this chapter, the rules adopted pursuant to | | this chapter or an applicable warranty, the board may file a | | complaint with the District Court to revoke or suspend the | | license or approval of the manufacturer, dealer, installer or | | mechanic. If the board does not find reasonable grounds to | | believe that a violation of this chapter or breach of an | | applicable warranty has occurred, the board shall enter an order | | so finding and dismiss the proceeding. |
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| | | Sec. A-13. 10 MRSA §9009, sub-§4, as enacted by PL 1993, c. 642, §19, | | is amended to read: |
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| | | 4. Remedies for installation defects. The board staff shall | | investigate all complaints made to the board of noncompliance | | with or violation of chapter 213 or a warranty applicable to the | | installation of manufactured housing. If the board finds, after | | hearing, that the installation of manufactured housing poses a | | threat to public health or safety or does not comply with the | | board's installation standards, chapter 213 or any applicable | warranty, the board may order the installer dealer, mobile home | | mechanic or modular home mechanic to take appropriate corrective | | action. Corrective action may include, but is not limited to, | | reimbursing consumers for repairs that are covered by warranty | and made by the consumer if the consumer notifies the installer | | licensee in writing of the defect within a reasonable time prior | | to undertaking the repairs and the board finds that the repairs | | are or were necessary to correct or prevent an imminent threat to | | health or safety or to the structure of manufactured housing. | | Notwithstanding Title 5, section 10051, the board may also revoke | or suspend the installer's license to install manufactured | housing of the dealer, mobile home mechanic or modular home | | mechanic to prevent any future threat to the public health or | | safety. This subsection applies to any new manufactured housing | | that is sold to a consumer after January 1, 1993. |
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| | | Sec. A-14. 10 MRSA §9011, sub-§3, as enacted by PL 1977, c. 550, §1, | | is repealed. |
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| | | Sec. A-15. 10 MRSA §9021, sub-§1, as amended by PL 1993, c. 642, §23, | | is further amended to read: |
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| | | 1. Licenses required. Any person who engages in the business | | of manufacturing, selling, brokering, distributing, installing or | | servicing manufactured housing shall first obtain a |
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| | | license issued by the board. The board shall, within a reasonable | | time, issue a license to any person who intends to manufacture, | | sell, broker, distribute, install or service manufactured housing | | in this State subject to filing and approval of an application | | provided by the board. Any person who is licensed to conduct | | these activities by other state or federal law is exempt from | | this requirement when the law provides for specific authority to | | provide a particular service or preempts the requirement for such | | a license. Active licensees of the Real Estate Commission are | | exempt from the licensing requirement for selling or brokering | | used manufactured housing but not from the requirements of this | | chapter. |
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| | | Sec. A-16. 10 MRSA §9021, sub-§2, ¶C, as amended by PL 1991, c. 391, | | §2, is further amended to read: |
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| | C. The license fee for mechanics who service or install | manufactured housing, as defined in section 9002, subsection | 7, paragraphs A and C, mobile home mechanics and modular | | home mechanics may not exceed $200 annually. |
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| | | Sec. A-17. 10 MRSA §9021, sub-§2, ¶E, as enacted by PL 1999, c. 386, | | Pt. C, §2, is repealed. |
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| | | Sec. A-18. 10 MRSA §9021, sub-§7-A is enacted to read: |
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| | | 7-A.__Jurisdiction.__Any agreement providing for a state other | | than Maine as an exclusive jurisdiction for hearing disputes | | arising out of the manufacture, sale, installation or servicing | | of manufactured housing imported, sold, installed or serviced in | | Maine is unenforceable and void. |
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| | | Sec. A-19. 10 MRSA §9022, sub-§§1 and 3, as enacted by PL 1977, c. 550, | | §1, are amended to read: |
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| | | 1. Dealers. Dealers who are licensed according to this | chapter may install or service, or may have their employees | install or service any manufactured housing in compliance with | this chapter and the dealer and his employees shall be exempt | from any requirements for trade or mechanic licenses of any other | type. A licensed dealer may install or service any manufactured | | housing sold, brokered or distributed by the dealer without | | further licensure under this chapter.__Employees of a dealer need | | not be licensed under this chapter to install or service | | manufactured housing sold, brokered or distributed by that | | dealer.__The dealer and the employees of the dealer are exempt | | from any trade or mechanic licenses of any other type. The dealer | | is not exempt from any requirements for a permit which any state | | or political subdivision may require. |
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| | | 3. Mobile home mechanics. Licensed mechanics A licensed | | mobile home mechanic may install or service manufactured housing | | as defined in section 9002, subsection 7, paragraphs A and C and | are is exempt from any other licensing requirements of any state | or political subdivisions subdivision, but must obtain any | | permits required. A dealer may apply for licensure as a mobile | | home mechanic. |
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| | | Sec. A-20. 10 MRSA §9022, sub-§4, as enacted by PL 1999, c. 386, Pt. | | C, §3, is amended to read: |
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| | | 4. Modular home mechanics. Licensed installers A licensed | | modular home mechanic may install or service manufactured housing | as defined in section 9002, subsection 7, paragraph B and are is | | exempt from any other licensing requirements of any state or | political subdivisions subdivision but must obtain any permits | | required. A dealer may apply for licensure as a modular home | | mechanic. |
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| | | Sec. A-21. 10 MRSA §9047, sub-§2, as amended by PL 1993, c. 642, §28, | | is further amended to read: |
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| | | 2. Dealers. Any person who sells, brokers, distributes, | | leases, delivers or transports manufactured housing that has been | | certified under this chapter shall notify the board and any | | present or prospective purchaser of the housing in writing of any | | defect resulting from damage or modification to the housing that | | the person determines relates to a standard of the board that is | | applicable to the housing or that constitutes a safety hazard to | | an occupant of the housing. This requirement does not apply to | | sales or leases of manufactured housing after the first purchase | | of the housing by a person for purposes other than resale and | | does not apply to deliveries or transportations of the | | manufactured housing that occur after the first installation of | | the housing on a permanent foundation. |
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| | | Sec. B-1. 32 MRSA §1071, first ¶, as amended by PL 1999, c. 124, §1, is | | further amended to read: |
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| | | Until January 1, 2001, the The Board of Dental Examiners, | | established by Title 5, section 12004-A, subsection 10, and in | | this chapter called the "board," consists of 8 members, appointed | | by the Governor as follows: five members of the dental | | profession, one dental hygienist, one denturist and one | representative of the public. After January 1, 2001, the board | consists of 7 members, appointed by the Governor as follows: 5 | members of the dental profession, one dental hygienist and one | representative of the public. |
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| | | Sec. B-2. 32 MRSA §1071, sub-§3-A is enacted to read: |
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| | | 3-A.__Denturist.__The denturist must be qualified pursuant to | | subchapter VI, must be a legal resident of the State and for | | appointments made after January 1, 2006, the denturist must have | | practiced in the State for at least 6 years immediately preceding | | appointment.__The denturist member of the board is a full-voting | | member of the board.__The term of the denturist is 5 years.__A | | denturist is not eligible to serve as a member of the board while | | employed by a dentist who is a member of the board. |
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| | | Sec. B-3. 32 MRSA §1085, as amended by PL 1995, c. 590, §1, is | | further amended to read: |
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| | | The board is authorized, at its discretion, without the | | examination as provided, to issue a license to an applicant who | | furnishes proof, satisfactory to the board, that the applicant | | has been licensed to practice dentistry in another state after | | full compliance with the requirements of its dental laws. If an | | applicant is licensed to practice dentistry in another state, | | that applicant's professional education may not be less than is | | required in this State and the applicant must have been at least | 5 3 years in actual practice in the state in which the license | | was granted. Applicants for licensure by endorsement who meet the | | requirements of this section must be interviewed in person by the | | board or members of the board, prior to being issued a license. | | Every license of this type issued by the board must state upon | | its face the grounds upon which it is issued and the applicant | | may be required to furnish proof upon affidavit. The fee for the | | license is determined by the board, but may not be more than | | $300. |
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| | | Sec. B-4. 32 MRSA §1100-E, sub-§4, as amended by PL 1995, c. 590, §7, | | is further amended to read: |
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| | | 4. Endorsement. The board, at its discretion, without | | examination, may issue a license to an applicant to practice as a | | denturist who furnishes proof satisfactory to the board that the | | denturist has been licensed to practice and has actively | practiced for a period of 5 3 years in another state or Canadian | | province after full compliance with the requirements of its | | dental laws, if the licensure requirements are, in all | | essentials, at least equivalent to those of this State. The board | | may require letters of reference about the denturist. Applicants | | for licensure by endorsement who meet the requirements of this | | section must be interviewed in person by the board, or members of | | the board, prior to being issued a license. Every license so |
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| | | given must state upon its face that it was granted on the basis | | of endorsement. The fee for the license may not exceed $100. |
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| | | Sec. C-1. 32 MRSA §1658-B, as repealed and replaced by PL 1999, c. | | 386, Pt. G, §1, is repealed and the following enacted in its | | place: |
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| | | §1658-B.__Payment; trial period; medical return |
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| | | 1.__Trial period.__The dealer-licensee may require the | | purchaser to pay the full purchase price for the hearing aid or | | aids at the time of delivery. |
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| | | A.__On that date of delivery, a 30-day trial period begins.__ | | If within this trial period the purchaser notifies the | | dealer-licensee of the purchaser's wish to cancel the | | transaction, the dealer-licensee must make a full refund of | | the purchase price, less the reasonable price of the ear | | mold or molds and lab fees, at the time the purchaser | | returns the hearing aid or aids.__The dealer-licensee must | | also return to the purchaser any hearing aids, devices, | | accessories and ear molds that the dealer-licensee has | | received from the purchaser. |
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| | | B.__No fewer than 20 or more than 35 days following the | | delivery of the hearing aid or aids to the purchaser, the | | dealer-licensee must contact the purchaser and provide, at | | no cost to the purchaser, any service, fitting or repair | | that may be necessary for the beneficial and comfortable use | | of the hearing aid.__If any service, fitting or repair is | | performed, a new 30-day trial period commences as of the | | date of this service. |
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| | | 2.__Return for medical reasons.__The purchaser may cancel the | | transaction by submitting to the dealer-licensee within 60 | | calendar days from the date of delivery of the hearing aid or | | aids a written opinion from a physician or audiologist stating | | that the hearing aid or aids is not advisable for the purchaser.__ | | Upon receipt of the statement and return by the purchaser of the | | hearing aid or aids, the dealer-licensee shall make a full refund | | of the purchase price, less the reasonable price of the ear mold | | or molds and lab fees.__The dealer-licensee must also return to | | the purchaser any hearing aids, devices, accessories and ear | | molds that the dealer-licensee has received from the purchaser. |
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| | | 3.__Violations.__Any provision of a contract that limits or | | conditions in any way the rights guaranteed to purchasers by this | | section is against public policy and void. Any violation of the |
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| | | requirements of this section, in addition to being unethical | | conduct under section 1658-N, constitutes a violation of the | | Unfair Trade Practices Act, Title 5, chapter 10. |
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| | | Sec. C-2. 32 MRSA §1658-C, sub-§4, ¶D, as amended by PL 1991, c. 509, | | §7, is further amended to read: |
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| | D. The notice must state that the purchaser may cancel the | transaction if the purchaser consults an audiologist or a | licensed physician who in writing states that the hearing | aid is not advisable and in writing specifies the | audiological or medical reason or both therefor the | | provisions of the 30-day trial period and 60-day medical | return period as set out in section 1658-B. This notice | must state that the purchaser may cancel only if the written | opinion from the audiologist or physician is submitted to | the seller within 60 calendar days from the date of | purchase. If the purchaser cancels a transaction pursuant | to this paragraph, the seller-licensee shall within 60 days | of the notice of the cancellation and the return by the | purchaser of the hearing aid or aids refund to the purchaser | the amount paid less 10% of the purchase price of one or | more hearing aids and less the reasonable price of the ear | mold or molds and lab fees. |
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| | | Sec. D-1. 32 MRSA §2103, sub-§2, as amended by PL 1999, c. 386, Pt. H, | | §1, is further amended to read: |
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| | | 2. Students. The practice of nursing that is an integral | | part of a program by students enrolled in board-approved nursing | | education programs leading to initial licensure, and the practice | | of nursing by graduates of board-approved programs pending the | | results of the first licensing examination for which they are | | eligible following graduation, if they practice under on-site | | delegation and supervision of a registered professional nurse and | | only in the practice setting.__The board may, by rule or by | | policy, define what constitutes a practice setting; |
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| | | Sec. D-2. 32 MRSA §2105-A, sub-§1-A, as amended by PL 1999, c. 547, | | Pt. B, §62 and affected by §80, is further amended to read: |
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| | | 1-A. Disciplinary proceedings and sanctions. The board shall | | investigate a complaint, on its own motion or upon receipt of a | | written complaint filed with the board, regarding noncompliance | | with or violation of this chapter or of rules adopted by the | | board. Investigation may include a hearing before the board to | | determine whether grounds exist for suspension, |
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| | | revocation or denial of a license, or as otherwise considered | | necessary to the fulfillment of its responsibilities under this | | chapter. The board may subpoena witnesses, records and | | documents, including records and documents maintained by a health | | care facility, in an investigation or hearing it conducts. |
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| | | The board shall notify the licensee of the content of a complaint | | filed against the licensee as soon as possible, but not later | | than 60 days from receipt of this information. The licensee | | shall respond within 30 days. If the licensee's response to the | | complaint satisfies the board that the complaint does not merit | | further investigation or action, the matter may be dismissed, | | with notice of the dismissal to the complainant, if any. |
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| | | If, in the opinion of the board, the factual basis of the | | complaint is or may be true, and it is of sufficient gravity to | | warrant further action, the board may request an informal | | conference with the licensee. The board shall provide the | | licensee with adequate notice of the conference and of the issues | | to be discussed. The conference must be conducted in executive | | session of the board, or its subcommittee, pursuant to Title 1, | | section 405, unless otherwise requested by the licensee. | | Statements made at the conference may not be introduced at a | | subsequent formal hearing unless all parties consent. |
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| | | If the board or its subcommittee finds that the factual basis of | | the complaint is true and is of sufficient gravity to warrant | | further action, it may take any of the following actions it | | considers appropriate: |
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| | | A. Warn, censure or reprimand; |
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| | | B. With the consent of the licensee, enter into a consent | | agreement that fixes the period and terms of probation best | | adapted to protect the public health and safety and to | | rehabilitate or educate the licensee. A consent agreement | | may be used to terminate a complaint investigation, if | | entered into by the board, the licensee and the Attorney | | General's office; |
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| | | C. In consideration for acceptance of a voluntary surrender | | of the license, negotiate stipulations, including terms and | | conditions for reinstatement that ensure protection of the | | public health and safety and serve to rehabilitate or | | educate the licensee. These stipulations may be set forth | | only in a consent agreement signed by the board, the | | licensee and the Attorney General's office; |
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| | | D. If the board or its subcommittee concludes that modification | | or nonrenewal of the license is in order, hold |
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| | | an adjudicatory hearing in accordance with the provisions of | | Title 5, chapter 375, subchapter IV; or |
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| | | E. If the board or its subcommittee concludes that | | suspension or revocation of the license is in order, file a | | complaint in the District Court in accordance with Title 4, | | chapter 5. |
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| | | Sec. E-1. 32 MRSA §2351, first ¶, as amended by PL 1993, c. 659, Pt. A, | | §5, is further amended to read: |
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| | | The Oil and Solid Fuel Board, as established by Title 5, | | section 12004-A, subsection 27, and in this chapter called the | | "board," consists of the Commissioner of Public Safety or a | representative and 6 5 other members, called in this chapter the | | "appointive members," who are appointed by the Governor. |
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| | | Sec. E-2. 32 MRSA §2351, 2nd ¶, as amended by PL 1999, c. 386, Pt. J, | | §10, is further amended to read: |
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| | | Three of the appointive members must be oil burner technicians | | who are active in the trade. One of the members must have at | | least 5 years' experience and the other 2 members must have at | | least 10 years' experience as oil burner technicians. Nominees | | for appointment of the oil burner technician members may be | | recommended to the Governor by the Maine Oil Dealers Association. | | One of the appointive members must be a representative of the | solid fuel burning industry, and one must be a representative of | the public and one must be a manufacturer, importer or wholesaler | or a designee of a manufacturer, importer or wholesaler of | equipment for burning oil and solid fuel, prefabricated | fireplaces and chimneys or accessory equipment. |
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| | | Sec. E-3. 32 MRSA §2401-B, sub-§1, ¶C, as enacted by PL 1999, c. 386, | | Pt. J, §14, is amended to read: |
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| | | C. For a master solid fuel burner technician license, a | | person must present to the board satisfactory evidence of at | least 2 years' licensed practical experience as a journeyman | oil burner technician and related knowledge; a master oil | | burner technician's license issued under this chapter; or a | | bachelor's degree in engineering from an accredited | | university and satisfactory evidence of knowledge of solid | | fuel burning equipment. An out-of-state applicant must | | present satisfactory evidence to the board of experience in | | installing, cleaning, servicing, altering and repairing | | solid fuel burning equipment. |
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| | | Sec. F-1. 13 MRSA §705, as amended by PL 1997, c. 313, §1, is | | further amended to read: |
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| | | §705. Corporate organization |
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| | | An individual or group of individuals duly licensed or | | otherwise legally authorized to render the same professional | | service within this State may organize and become a shareholder | | or shareholders of a professional corporation under the | | corporation laws for the sole and specific purpose of rendering | | the same and specific professional service. Notwithstanding any | | other provisions of law, for the purposes of this chapter, | | osteopathic physicians licensed under Title 32, chapter 36 and | | physicians and surgeons licensed under Title 32, chapter 48 are | | considered to render the same professional service. | | Notwithstanding any other provision of law, for the purposes of | | this chapter, optometrists licensed under Title 32, chapter 34-A | | and opthalmologists licensed under Title 32, chapter 36 or 48 may | | organize and become the sole shareholders of the same | | professional corporation under the corporation laws for the sole | | and specific purpose of rendering their respective professional | | services that are considered to be complementary to one another. | | Notwithstanding any other provision of law, nonlicensed | | individuals may organize with individuals who are licensed under | | Title 32, chapter 113, and may become shareholders of a firm | | licensed to practice public accountancy under Title 32, section | | 12252, provided that all of the requirements for licensure under | | Title 32, section 12252, subsection 3 are met by the firm. |
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| | | Sec. F-2. 32 MRSA §12252, sub-§3, ¶A, as amended by PL 1999, c. 619, | | §2, is further amended to read: |
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| | | A. An applicant for initial issuance or renewal of a permit | | to practice under this section shall show that a simple | | majority of the ownership of the firm, in terms of financial | | interests and voting rights of all partners, officers, | | shareholders, members or managers, belongs to holders of | | certificates who are licensed in a state and that all | | partners, officers, shareholders, members or managers whose | principal place of business is in this State and or who | | perform professional services in this State hold valid | individual permits issued by the board. At least a simple | majority of the ownership of a public accounting firm, in | terms of financial interests and voting rights, must belong | to holders of permits issued by the board. Firms may | | include nonlicensee owners in accordance with paragraph B. |
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| | | Sec. G-1. 32 MRSA §14228, sub-§3, as amended by PL 1999, c. 386, Pt. | | U, §3, is further amended to read: |
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| | | 3. Training. Has satisfactorily completed a course of | instruction in aesthetics of 600 hours in not less than 5 3 | | months in a school licensed by the board or has experience in the | | practice of aesthetics as a trainee of up to 1,000 hours | distributed over a period of at least 7 6 months. The board | | shall establish by rule the specific number of hours of course | | work required up to a maximum of 600 hours. Rules adopted | | pursuant to this subsection are routine technical rules as | | defined in Title 5, chapter 375, subchapter II-A; and |
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| | | Sec. H-1. 32 MRSA §3269, sub-§15, as amended by PL 1997, c. 680, Pt. | | C, §2, is further amended to read: |
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| | | 15. Adequacy of budget, fees and staffing. The duty to | | ensure that the budget submitted by the board to the Commissioner | of Professional and Financial Regulation must be is sufficient, | | if approved, to provide for adequate legal and investigative | | personnel on the board's staff and that of the Attorney General | to assure ensure that professional liability complaints described | | in Title 24, section 2607 and complaints regarding a section of | | this chapter can be resolved in a timely fashion. The board's | | staff must include one position staffed by an individual who is | | primarily a consumer assistant. The functions and expense of the | | consumer assistant position must be shared on a pro rata basis | | with the Board of Osteopathic Licensure. Within the limit set by | | section 3279, the board shall charge sufficient licensure fees to | | finance this budget provision. The board shall submit | | legislation to request an increase in these fees should they | | prove inadequate to the provisions of this subsection. |
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| | | Within the limit of funds provided to it by the board, the | | Department of the Attorney General shall make available to the | | board sufficient legal and investigative staff to enable all | | consumer complaints mentioned in this subsection to be resolved | in a timely fashion; and |
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| | | Sec. H-2. 32 MRSA §3269, sub-§16, as amended by PL 1993, c. 600, Pt. | | A, §202, is further amended to read: |
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| | | 16. Executive director. The board may power to appoint an | | executive director who serves at the pleasure of the board and | | who shall assist the board in carrying out its administrative | | duties and responsibilities under this chapter. The salary range |
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| | | for the executive director must be set by the board within the | range established by Title 2, section 6-C.; and |
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| | | Sec. H-3. 32 MRSA §3269, sub-§17 is enacted to read: |
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| | | 17.__Approval of licenses.__The power to direct staff to | | review and approve applications for licensure or renewal in | | accordance with criteria established in law or in rules adopted | | by the board.__Licensing decisions made by staff may be appealed | | to the full board. |
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| | | Part A of the bill resolves ambiguities in the manufactured | | housing law and the manufactured housing warranties law regarding | | the scope of practice under the existing "mechanic" and | | "installer" licenses by creating replacement license categories | | of "mobile home mechanic" and "modular home mechanic." |
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| | | 1. Conforms various dealer provisions in the manufactured | | housing law to the statutory definition of "dealer"; |
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| | | 2. Prohibits a manufacturer or dealer from requiring that a | | dispute arising from the manufacture, sale, installation or | | servicing of a manufactured housing unit in Maine must always be | | heard in another state; |
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| | | 3. Repeals an obsolete voting requirement relating to | | reissuance of a revoked license that is unnecessary in light of | | the 5-member quorum requirement found in the Maine Revised | | Statutes, Title 10, section 9003, subsection 7; and |
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| | | 4. Eliminates a penalty limitation that conflicts with the | | penalty provisions found in Title 10, section 8003, subsection 5, | | paragraph A-1 that are generally applicable to Office of | | Licensing and Registration licensing boards. |
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| | | Part B of the bill amends the law governing the membership of | | the Board of Dental Examiners to make the denturist position, | | which expired on January 1, 2001, a permanent position. Part B | | also amends the laws governing licensure by endorsement for | | dentists and denturists by reducing the active practice | | requirement from 5 years to 3 years. |
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| | | Part C of the bill amends the law concerning dealer-licensees | | of hearing aids by requiring that the notice provided by the | | dealer-licensee to the purchaser indicate that a |
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| | | full refund of the purchase price, less the reasonable price of | | the ear mold or molds and lab fees, be made to the purchaser if | | the purchaser returns the hearing aid within the 30-day trial | | period following the sale. |
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| | | Part D of the bill amends the nursing laws to permit recent | | nursing school graduates to practice under the on-site delegation | | and supervision of a registered professional nurse in order to | | assist these graduates in attaining training and to help | | alleviate the current nursing shortage faced in this State. Part | | D also provides the State Board of Nursing with the authority to | | appoint a subcommittee to hold informal conferences and enter | | into consent agreements in disciplinary matters. |
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| | | Part E of the bill amends the Oil and Solid Fuel Board laws to | | rename the journeyman solid fuel license for the progression to | | master solid fuel license because there is not such a journeyman | | license. The bill also eliminates the board member position | | reserved for a manufacturer, importer or wholesaler of oil- | | burning equipment. |
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| | | Part F of the bill clarifies the intended effect of a change | | in the Board of Accountancy law. The amended language clarifies | | that all partners, officers, shareholders, members or managers | | whose principal place of business is in the State, or who perform | | professional services in Maine must be licensed by the Board of | | Accountancy. A corresponding change in the Maine Professional | | Service Corporation Act allows for a licensed certified public | | accountant to form corporations with nonlicensed individuals, | | provided a simple majority of shareholders in a public accounting | | firm are licensed by the Board of Accountancy. |
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| | | Part G of the bill makes a necessary correction that resulted | | when Public Law 1999, chapter 386, Pt. U, section 3 reduced the | | required hours for licensure as an aesthetician. At that time, | | the minimum number of base hours for students to attend an | | aesthetics program either in a school setting or as a trainee was | | not adjusted accordingly. This bill makes the corresponding | | adjustment. |
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| | | Part H of the bill authorizes the Board of Licensure in | | Medicine to delegate approval of applications for licensure and | | renewal to the board's staff. Licensing decisions by staff may | | be appealed to the full board. |
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