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PART M
Sec. M-1. 32 MRSA §2311, sub-§3-A is enacted to read:
Sec. M-2. 32 MRSA §2313-A, first ¶, as enacted by PL 1991, c. 198, §12, is amended to read:
Effective January 1, 1992, a A chimney or fireplace installer must issue a disclosure to any consumer prior to the installation taking place. Disclosures must be in a format determined by the board and contain the information the board considers necessary.
Sec. M-3. 32 MRSA §2315, sub-§3, as enacted by PL 1999, c. 386, Pt. J, §8, is repealed.
Sec. M-4. 32 MRSA §2315, sub-§4, as enacted by PL 1999, c. 386, Pt. J, §8, is repealed.
Sec. M-5. 32 MRSA §2317, sub-§1, as enacted by PL 2003, c. 452, Pt. R, §5 and affected by Pt. X, §2, is repealed and the following enacted in its place:
Sec. M-6. 32 MRSA §2317, sub-§3, as enacted by PL 2003, c. 452, Pt. R, §5 and affected by Pt. X, §2, is repealed.
Sec. M-7. 32 MRSA §2351, as amended by PL 2001, c. 633, §1, is further amended to read:
§ 2351. Appointment; vacancies; removal; compensation
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 other members, called in this chapter the "appointive members," who are appointed by the Governor.
Four 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 3 members must have at least 10 years' experience as oil burner technicians. Of those members, 2 members may be recommended by the Maine Oil Dealers Association; one member may be recommended by a national association of oil heat service managers with a chapter in the northern part of the State; and one member may be recommended by a national association of oil heat service managers with a chapter in the southern part of the State. One of the appointive members must be a representative of the solid fuel burning industry and one must be a representative of the public member as defined in Title 5, section 12004-A.
The appointive members are appointed for terms of 4 years. Appointments of members must comply with Title 10, section 60 8009.
Any appointive member of the board may be removed from office by the Governor for cause.
Annually, the 6 appointive members of the board shall choose one of their members as chairman.
Sec. M-8. 32 MRSA §2352, as amended by PL 1999, c. 386, Pt. J, §11, is repealed.
Sec. M-9. 32 MRSA §2353, as amended by PL 1999, c. 386, Pt. J, §12, is further amended to read:
§ 2353. Meetings; chair; quorum; rules
The board shall meet at least once a year to conduct its business and to elect its officers a chair. Additional meetings may must be held as necessary to conduct the business of the board , and may be convened at the call of the chair or a majority of the board members. Four members of the board constitute a quorum for all purposes. The board may adopt standards and rules as necessary, pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375, for the holding of examinations and for carrying out this chapter, and provide for reciprocity of licensing with similar boards of other states that maintain standards equivalent to those provided under this chapter.
Sec. M-10. 32 MRSA §2355, as amended by PL 1985, c. 389, §14 and PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed and the following enacted in its place:
§ 2355. Denial or refusal to renew license; disciplinary action
The board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for any of the reasons enumerated in Title 10, section 8003, subsection 5-A, paragraph A.
Any license that is suspended or revoked must be immediately surrendered to the board and held during any period of suspension, or if revoked, until reinstated as provided in this chapter.
There is no appeal from the failure of the board to issue a license as a result of an applicant failing to pass an examination when the results of the examination have been unanimously certified by the board to be correct.
Any person whose license is suspended or revoked for more than 90 days must establish that the person meets all requirements governing new applicants under this chapter as a condition of reinstatement or return of the person's license, except that the board may in its discretion, giving due consideration to the protection of the public, waive examination if the period of suspension is less than 2 years or, in the case of revocation of license, the applicant is both eligible and has made application for reinstatement of license within 2 years of the effective date of revocation.
Sec. M-11. 32 MRSA §2355-A is enacted to read:
§ 2355-A. Employing unlicensed person
A person, firm or corporation in the oil or solid fuel burner installation business that employs an unlicensed person, unless the work is exempted under this chapter, commits a Class E crime.
Sec. M-12. 32 MRSA §2356, as repealed and replaced by PL 1983, c. 413, §121, is repealed.
Sec. M-13. 32 MRSA §2357, as amended by PL 1987, c. 395, Pt. A, §171, is repealed.
Sec. M-14. 32 MRSA §2358, as enacted by PL 1983, c. 413, §122, is repealed.
Sec. M-15. 32 MRSA §2401-B, sub-§3, as enacted by PL 1999, c. 386, Pt. J, §14, is amended to read:
Sec. M-16. 32 MRSA §2402-B, as amended by PL 2003, c. 89, §2, is further amended to read:
§ 2402-B. Fees
The Director of the Office of Licensing and Registration within the Department of Professional and Financial Regulation may establish by rule fees for purposes authorized under this subchapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any one purpose may not exceed $350 biennially. The fee for the limited license for a manufactured housing mechanic or the joint limited license for a manufactured housing dealer and employee or owner may not exceed $50 biennially. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
Sec. M-17. 32 MRSA §2403, first ¶, as amended by PL 1983, c. 553, §38, is further amended to read:
Applicants for a master or journeyman's oil burner technician or master solid fuel burner technician license shall present to the board a written application for examination , containing such information as the board may require, accompanied by the prescribed fee. Examinations shall must be in whole or in part in writing, shall be conducted approved by the board and shall be of a thorough and practical character commensurate with the responsibilities of the type of license applied for.
Sec. M-18. 32 MRSA §2404, as amended by PL 1999, c. 685, §4, is further amended to read:
§ 2404. Renewals
All licenses expire 2 years from the original date of issue or at such other time as the Commissioner of Professional and Financial Regulation may designate. The licenses may be renewed on a biennial basis without further examination upon the payment of the proper renewal fee as set under section 2402-B. The board shall notify everyone registered under this chapter of the date of expiration of the license and the amount of fee required for its renewal for a 2-year period. The notice must be mailed to the person's last known address at least 30 days in advance of the expiration date of the license. A license may be renewed up to 90 days after the date of expiration upon payment of a late fee in addition to the renewal fee as set under section 2402-B. Any person who submits an application for renewal more than 90 days after the license renewal date shall pay an additional late fee as set under section 2402-B and is subject to all requirements governing new applicants under this chapter, except that the board may, giving due consideration to the protection of the public, waive examination or other requirements. The board may assess penalties for late renewals more than 90 days after the date of expiration.
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