| | | Sec. 36. 38 MRSA §1365, sub-§4, as affected by PL 1989, c. 890, Pt. A, | | §40 and amended by Pt. B, §268, is further amended to read: |
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| | | 4. Compliance; appeal. The person to whom the order is | | directed shall comply immediately and may apply to the board for | a hearing on the order if the application is made within 5 | | working days after receipt of the order by a responsible party. | The hearing must be held by the board within 5 days after receipt | of application. | | application, the board shall hold a hearing, make findings of | | fact and vote on a decision that continues, revokes or modifies | | the order.__That decision must be in writing and signed by the | | board chair using any means for signature authorized in the | | department's rules and published within 2 working days after the | | hearing and vote. The nature of the hearing before the board is | an appeal. At the hearing, all witnesses shall | | and the commissioner shall first establish the basis for the | | order and for naming the person to whom the order is directed. | | The burden of going forward then shifts to the person appealing | | to demonstrate, based upon a preponderance of the evidence, that | the order should be modified or rescinded. Within 7 days after | the hearing, the board shall make findings of fact and shall | continue, revoke or modify the order. | may be appealed to the Superior Court in accordance with the | Maine Administrative Procedure Act, | subchapter VII |
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| | | Sec. 37. 38 MRSA §1610, sub-§2, ¶D, as reallocated by RR 2003, c. 2, | | §119, is amended to read: |
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| | | D. "Manufacturer" means a person who manufactures and | | sells, or has sold, by any means, including, but not limited | | to, transactions conducted through sales outlets, catalogs | | or the Internet, a covered electronic device under its own | | brand or sells, or has sold, a covered electronic device | | produced by other suppliers under its own brand and label. |
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| | | Sec. 38. 38 MRSA §1610, sub-§5, ¶¶D and E, as reallocated by RR 2003, c. | | 2, §119, are amended to read: |
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| | | D. Computer monitor manufacturers and television | | manufacturers are subject to the requirements of this | | paragraph. |
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| | (1) Beginning January 1, 2006, | | adopts rules as provided for in this subparagraph, each computer | | monitor manufacturer and each television manufacturer is | | individually responsible for handling and recycling all computer |
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