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C.__The association is financially sound and has sufficient | | resources and management to carry out the purposes for | | which it was organized; |
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| | | D.__The association represents 51% or more of the forest | | products harvesters or the forest products haulers who | | have a prior course of dealing with the forest landowner | | or landowners named in the petition under subsection 2.__ | | If the board has reasonable cause to question such | | representation, the board shall require a secret ballot | | election to certify the percentage of representation; and |
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| | | E.__The association has as one of its functions acting as | | principal or agent for its members in negotiations with | | forest landowners for prices and other terms of contracts | | with respect to the harvesting and hauling of forest | | products. |
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| | | 4.__Refiling of petition.__If, after the hearing under | | subsection 2, the board does not consider an association | | qualified, it shall, in accordance with Title 5, chapter 375, | | subchapter 4, clearly specify in its decision the reasons for | | the failure to qualify.__An association seeking | | reconsideration of a board decision must refile its petition | | within 30 days of receipt of the board's initial decision.__ | | The board shall reconsider its decision within 30 days after | | the date on which the petition is refiled. |
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| | | 5.__Notice.__After the board qualifies an association, it | | shall give notice of the qualification to all known forest | | landowners that, in the ordinary course of business, contract | | with the forest products harvesters or haulers that the | | association represents. |
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| | | 6.__Annual report.__A qualified bargaining association shall | | file an annual report with the board in the form required by | | rules of the board. The annual report must contain information | | that will enable the board to determine whether the | | association continues to meet the standards for qualification. |
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| | | 7.__Revocation.__If a qualified bargaining association | | ceases to maintain the standards for qualification set forth | | in subsection 3, the board shall, in a manner consistent with | | the Maine Administrative Procedure Act, apply to the District | | Court to revoke the qualification of that association. |
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| | | 8.__Confidentiality.__Information provided to the board by | | an association regarding the identification of its members and | | information provided to the board by a forest landowner | | regarding |
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