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PART NN
Sec. NN-1. 32 MRSA §15205, as amended by PL 1999, c. 386, Pt. X, §§4 and 5, is further amended to read:
§ 15205. Board of Elevator and Tramway Safety
The Board of Elevator and Tramway Safety, as established by Title 5, section 12004-A, subsection 14, consists of 9 members, of whom 7 are appointed by the Governor. Each member holds office until a successor is duly appointed. At the expiration of each member's term, that member's successor is appointed by the Governor from the same classification in accordance with this section. If a vacancy occurs, the Governor shall appoint a member of the proper classification to serve the term of the absent member. Of the 7 members of the board appointed by the Governor, one must represent owners or lessees of elevators be an owner or lessee of an elevator in the State; one must represent manufacturers be a manufacturer of elevators; one must represent manufacturers or installers be a manufacturer or installer of accessibility lifts; one must be a licensed elevator mechanic; one must be a representative of a ski area operator presently operating tramways in the State; one must be a qualified licensed professional engineer who is familiar with tramway design, inspection and operation; and one must be a public member as defined in Title 5, section 12004-A. The 8th member of the board must be a physically handicapped person appointed by the Director of the Bureau of Rehabilitation Services, subject to the approval of the Governor. The 9th member of the board must be a member of the Division of Fire Prevention appointed by the Commissioner of Public Safety. The board must annually elect a chair from its membership. Appointments are for 3-year terms. Appointments of members must comply with Title 10, section 60 8009. A member may be removed by the Governor for cause.
Sec. NN-2. 32 MRSA §15206, as amended by PL 2001, c. 573, Pt. B, §11 and affected by §36, is further amended to read:
§ 15206. Powers and duties of board
The board shall administer, coordinate and enforce this chapter and has the following powers and duties in addition to those otherwise set forth in this chapter.
The board shall publish and distribute among elevator and tramway owners, lessees, manufacturers, repair companies and others requesting them copies of the rules as adopted by the board, at a cost sufficient only to cover the printing and mailing expenses of distribution, except those Board rules that are standards of the American National Standards Institute standards or its successor or other organization approved by the board , which must be obtained from the publisher.
The board may not refuse to renew a license for any reason other than failure to pay a required fee, unless it has afforded the licensee an opportunity for an adjudicatory hearing. The board shall hold an adjudicatory hearing at the written request of any person who is denied a license without a hearing for any reason other than failure to pay a required fee, as long as the request for a hearing is received by the board within 30 days of the applicant's receipt of written notice of the denial of the application, the reasons for the denial and the applicant's right to request a hearing. Hearings must be conducted in conformity with Title 5, chapter 375 to the extent applicable. The board may subpoena witnesses, records and documents in any hearing it conducts.
Sec. NN-3. 32 MRSA §15206-A, as amended by PL 2001, c. 573, Pt. B, §12 and affected by §36, is repealed and the following enacted in its place:
§ 15206-A. 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.
Sec. NN-4. 32 MRSA §15210, sub-§3, as enacted by PL 2001, c. 573, Pt. B, §17 and affected by §36, is repealed.
Sec. NN-5. 32 MRSA §15216-C, as amended by PL 2001, c. 573, Pt. B, §25 and affected by §36, is further amended to read:
§ 15216-C. License renewal
Any license issued under this chapter is renewable upon satisfaction of the applicable requirements for renewal and payment of the required renewal fee as set by the director under section 15225-A. The expiration dates for licenses issued under this chapter may be established at such other times as the commissioner may designate. The board shall notify persons licensed under this chapter of the date of expiration of the license and the fee required for its renewal. 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 its expiration upon payment of a late fee in addition to the renewal fee as set under section 15225-A. Any person who submits an application for renewal more than 90 days after the license expiration date must pay an additional late fee as set under section 15225-A and is subject to all requirements governing new applicants under this chapter, except that the board may in its discretion waive the examination and other requirements. The board may levy penalties for nonrenewal in an amount not to exceed $100. Notwithstanding any other provision of this chapter, the board shall waive the examination if a renewal application is made within 90 days after separation from the United States Armed Forces, under conditions other than dishonorable, by a person who failed to renew that person's license because that person was on active duty in the Armed Forces; except that the waiver of examination may not be granted if the person served a period of more than 4 years in the Armed Forces, unless that person is required by some mandatory provision to serve a longer period and that person submits satisfactory evidence of this mandatory provision to the board.
Sec. NN-6. 32 MRSA §15225-A, as enacted by PL 2001, c. 573, Pt. B, §30 and affected by §36, is repealed and the following enacted in its place:
§ 15225-A. 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 chapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any one purpose other than permit and inspection fees may not exceed $500. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
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Office of the Revisor of Statutes