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Title 5. Administrative Procedures And Services
Title 9-a. Maine Consumer Credit Code
Title 9. Banks And Financial Institutions
Title 01. General Provisions
Title 02. Executive
Title 03. Legislature
Title 04. Judiciary
Title 05. Administrative Procedures And Services
Title 06. Aeronautics
Title 07. Agriculture And Animals
Title 08. Amusements And Sports
Title 09-a. Maine Consumer Credit Code
Title 09-b. Financial Institutions
Title 09. Banks And Financial Institutions
Title 10. Commerce And Trade
Title 11. Uniform Commercial Code
Title 12. Conservation
Title 13-a. Maine Business Corporation Act (heading. Pl 2001, C. 640, Pt. A, @1 (rp); Pt. B, @7 (aff))
Title 13-b. Maine Nonprofit Corporation Act
Title 13-c. Maine Business Corporation Act (heading. Pl 2001, C. 640, Pt. A, @2 (new); Pt. B, @7 (aff))
Title 13. Corporations
Title 14. Court Procedure -- Civil
Title 15. Court Procedure -- Criminal
Title 16. Court Procedure -- Evidence
Title 17-a. Maine Criminal Code
Title 17. Crimes
Title 18-a. Probate Code
Title 18-b. Trusts (heading. Pl 2003, C. 618, Pt. A, @1 (new); @2 (aff) Effective 7-1-05)
Title 18. Decedents' Estates And Fiduciary Relations
Title 19-a. Domestic Relations (heading. Pl 1995, C. 694, Pt. B, @2 (new); Pt. E, @2 (aff))
Title 19. Domestic Relations (heading. Repealed 10-1-97 By Pl 1995, C. 694, Pt. B, @1 (rp); Pt. E, @2 (aff))
Title 20-a. Education
Title 20. Education
Title 21-a. Elections
Title 21. Elections
Title 22-a. Health And Human Services (heading. Pl 2003, C. 689, Pt. A, @1 (new))
Title 22. Health And Welfare
Title 23. Highways
Title 24-a. Maine Insurance Code
Title 24. Insurance
Title 25. Internal Security And Public Safety
Title 26. Labor And Industry
Title 27. Libraries, History, Culture And Art
Title 28-a. Liquors (heading. Pl 1987, C. 45, Pt. A, @4 (new))
Title 28. Liquors (heading. Pl 1987, C. 45, Pt. A, @3 (rp))
Title 29-a. Motor Vehicles (heading. Pl 1993, C. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
Title 29. Motor Vehicles (heading. Pl 1993, C. 683, @1 (rp); Pt. B, @5 (aff))
Title 31. Partnerships And Associations
Title 32. Professions And Occupations
Title 33. Property
Title 34-a. Corrections
Title 34-b. Behavioral And Developmental Services (heading. Pl 1995, C. 560, Pt. K, @7 (rpr); 2001, C. 354, @3 (amd))
Title 34. Public Institutions And Corrections (heading. Pl 1983, C. 459, @5 (rp))
Title 36. Taxation
Title 37-a. Department Of Defense And Veterans Services
Title 37-b. Defense, Veterans And Emergency Management (heading. Pl 1997, C. 455, @9 (rpr))
Title 37. Veterans' Services
Title 38. Waters And Navigation
Title 39-a. Workers' Compensation (enacted By Pl 1991, C. 885, Pt. A, @8)
Title 39. Workers' Compensation (repealed By Pl 1991, C. 885, Pt. A, @7)
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Home > Statutes > Usa Maine
USA Statutes : maine
Title : Title 05. ADMINISTRATIVE PROCEDURES AND SERVICES
Chapter : Chapter 05. SECRETARY OF STATE
Title 5 - §81-A. Transition period

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 5: SECRETARY OF STATE

§81-A. Transition period

In order to provide for an orderly transition following the biennial election of the Secretary of State, the Secretary of State-elect shall not take the oath of his office or otherwise qualify for the office for a period of no less than 30 days following that election. [1983, c. 65, §1 (new).]

Section History:
PL 1983,
Ch. 65,
§1 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §81. Office and duties; vacancy; salary; expenses; fees

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 5: SECRETARY OF STATE

§81. Office and duties; vacancy; salary; expenses; fees

The Department of the Secretary of State, as heretofore established, shall consist of the Secretary of State, the State Archives and such other state departments and agencies as are by law subject to the direction of the Secretary of State. The secretary shall keep his office at the seat of government; have the custody of the state seal and preserve all records in such office, at the expense of the State. The Secretary of State may appoint deputy secretaries of state who shall serve at the pleasure of the Secretary of State. The secretary shall designate one of his deputies as first deputy secretary of state. When a vacancy happens in the office of Secretary of State during the recess of the Legislature, the first deputy secretary of state shall act as Secretary of State until a Secretary of State is elected by the Legislature. Such deputy shall take the oath required of the elected Secretary of State and have the same compensation while he performs the duties of the office. [1977, c. 674, § 1 (amd).] div>
The Secretary of State and his deputy shall receive such actual traveling expenses incident to the administration of his department as shall be necessary. [1969, c. 504, § 4 (amd).] div>
The Secretary of State shall collect the legal and usual fees payable to him by virtue of his office and shall pay them over forthwith to the Treasurer of State.

Section History:
PL 1965,
Ch. 421,
§1 (AMD).
PL 1967,
Ch. 383,
§ (AMD).
PL 1967,
Ch. 476,
§7 (AMD).
PL 1969,
Ch. 504,
§4 (AMD).
PL 1971,
Ch. 494,
§1,3 (AMD).
PL 1973,
Ch. 537,
§1 (AMD).
PL 1975,
Ch. 771,
§31 (AMD).
PL 1977,
Ch. 674,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §82-A. Publications

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 5: SECRETARY OF STATE

§82-A. Publications

1. Informational publications. The Secretary of State shall make available such informational publications as may be necessary to ensure that notaries public are knowledgeable in the performance of their duties. One copy of these publications must be made available with each appointment or renewal of a notary public commission. The printing and distribution costs of the first copy of publications sent to commissioned notaries public must be paid from the fees paid by the notaries public pursuant to section 87. The Secretary of State may establish by rule in accordance with the Maine Administrative Procedure Act the procedures for the sale of these publications and a fee schedule to cover the cost of printing and distribution for:



A. Additional copies of publications requested by commissioned notaries public; and [1991, c. 465, §8 (new).]




B. Copies of publications requested by noncommissioned individuals, corporations, agencies or other entities. [1991, c. 465, §8 (new).]

[1991, c. 465, §8 (new).]


2. Fund; fees deposited. All fees collected pursuant to this section must be deposited in a fund for use by the Secretary of State for replacing and updating publications offered in accordance with this chapter and for funding new publications. [1991, c. 465, §8 (new).]


Section History:
PL 1991,
Ch. 465,
§8 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §82. Appointment of notaries public; renewal of commissions; disciplinary action

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 5: SECRETARY OF STATE

§82. Appointment of notaries public; renewal of commissions; disciplinary action

The Secretary of State may appoint and renew commissions of all notaries public. [1981, c. 456, Pt. A, § 15 (rpr).] div>
Notaries public shall serve terms of 7 years and exercise their power and duties in any county. Only adult residents of this State may be appointed to the offices. [1981, c. 456, Pt. A, § 15 (rpr).] div>
The Secretary of State shall adopt rules relating to the appointment and renewal of commissions of notaries public. The rules must include criteria and a procedure to be applied by the Secretary of State in appointment and renewal. The Secretary of State may not refuse to appoint or renew solely because the applicant lives or works in a specific geographic area or because of political party affiliation. [1991, c. 465, §6 (amd).] div>
The Secretary of State shall provide written notice of the expiration of their commission to notaries public 30 days prior to the expiration date. Failure to receive a notice does not affect the expiration date of a commission. [1981, c. 456, Pt. A, § 15 (rpr).] div>
The Secretary of State shall investigate or cause to be investigated all complaints concerning improper or illegal notarial acts performed by notaries public made on the Secretary of State's own motion or on written complaint filed with the department. [1997, c. 712, §3 (new).] div>
The Secretary of State may conduct hearings to assist with investigations and to determine whether grounds exist for denial of commission, suspension of commission, revocation of commission, renewal of commission or other action necessary to the fulfillment of the Secretary of State's responsibility under the laws of this State. [1997, c. 712, §3 (new).]

Section History:
PL 1975,
Ch. 87,
§2 (RPR).
PL 1975,
Ch. 771,
§31-A (RPR).
PL 1979,
Ch. 541,
§A19 (AMD).
PL 1981,
Ch. 456,
§A15 (RPR).
PL 1987,
Ch. 736,
§5 (AMD).
PL 1991,
Ch. 465,
§6,7 (AMD).
PL 1997,
Ch. 712,
§3 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §83. Clerks of courts to keep lists of appointments; lists and certificates as evidence

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 5: SECRETARY OF STATE

§83. Clerks of courts to keep lists of appointments; lists and certificates as evidence

The clerks of the state courts shall make a memorandum on such lists of the fact and date of their reception, and either of such lists so attested, or the certificate of such clerk under the seal of his court, shall be legal but not conclusive evidence of the appointment and qualification of such officers. [1979, c. 13, § 7 (amd).]

Section History:
PL 1979,
Ch. 13,
§7 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §84. Preparation of commissions and recording qualifications

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 5: SECRETARY OF STATE

§84. Preparation of commissions and recording qualifications

The Secretary of State shall prepare and present to the Governor under the seal of the State, in order that the same may receive the signature of the Governor, a commission for every person appointed or a certificate of election to every person elected to any office for which a commission or certificate of election is required; record in a suitable manner the time when and the person by whom any commission or certificate of election is taken from that person's office, and the time when any certificate of the qualification of any officer is filed therein. When a duty must be paid as a prerequisite of holding the office, the Secretary of State shall notify every person appointed to such office of the fact and on receipt of evidence of its payment shall then, and no sooner, present the commission or certificate to the Governor. When the commission or certificate shall have been signed by the Governor, the Secretary of State shall deliver or forward the same to the person so appointed or elected. All bills passed by the Legislature shall be filed with the Secretary of State for the purpose of issuing certified copies thereof. [1987, c. 816, Pt. KK, §7 (rpr).]

Section History:
PL 1975,
Ch. 771,
§32 (AMD).
PL 1979,
Ch. 596,
§1 (AMD).
PL 1987,
Ch. 816,
§KK7 (RPR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §85. Distribution of blanks for election returns; penal for neglect (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 5: SECRETARY OF STATE

§85. Distribution of blanks for election returns; penal for neglect (REPEALED)



Section History:
PL 1969,
Ch. 35,
§9 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §86. Fees

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 5: SECRETARY OF STATE

§86. Fees

The Secretary of State shall receive: div>
For a certificate under the seal of the State, $5 for a short form and $10 for a special detailed certificate. For all copies of corporate, limited partnership and mark documents, the rate of $2 per page; and for all other copies, the rate of 75¢ per page if such copies are prepared by the office of the Secretary of State. The Secretary of State may reduce or waive the fee for other governmental agencies and bodies; [1995, c. 373, §1 (amd).] div>
For receiving, filing and recording certificate of organization of officers of a proposed insurance company, and issuing certificates of organization, $20; for receiving and filing certificate of increase of capital stock of an insurance company, $10; [RR 2001, c. 2, Pt. B, §2 (cor); §58 (aff).] div>
For receiving, filing and recording certificate of officers of a proposed fraternal benefit society and issuing certificate of organization, $5; [RR 2001, c. 2, Pt. B, §2 (cor); §58 (aff).] div>
For filing certificate of organization of a cooperative marketing association, $10; for filing an amendment thereto, $2.50; [RR 2001, c. 2, Pt. B, §2 (cor) §58 (aff).] div>
For filing, copying, comparing or authenticating any document required or permitted to be filed under Title 13-C, that fee specified in Title 13-C, chapter 1, subchapter 2; [RR 2001, c. 2, Pt. B, §2 (cor); §58 (aff).] div>
For filing, copying, comparing or authenticating any document required or permitted to be filed under Title 13-B, that fee specified in Title 13-B, chapter 14; and [RR 2001, c. 2, Pt. B, §2 (cor); §58 (aff).] div>
For filing a federal tax lien or other federal liens, certificates or notices affecting the liens of which under any Act of Congress or any federal regulation are required or permitted to be filed under Title 33, chapter 39, that fee specified in Title 33, section 1906. [2003, c. 518, §1 (amd).] div>
For filing and recording a designated office for service of trustee process under Title 14, section 2608-A, $25. [2003, c. 149, §1 (new).]

Section History:
PL 1969,
Ch. 132,
§2 (AMD).
PL 1969,
Ch. 225,
§1 (AMD).
PL 1969,
Ch. 517,
§1,2 (AMD).
PL 1971,
Ch. 439,
§5,6 (AMD).
PL 1973,
Ch. 730,
§1 (AMD).
PL 1977,
Ch. 525,
§1 (AMD).
PL 1979,
Ch. 572,
§1 (AMD).
PL 1987,
Ch. 645,
§1 (AMD).
PL 1989,
Ch. 501,
§L2 (AMD).
PL 1991,
Ch. 780,
§U1 (AMD).
PL 1993,
Ch. 316,
§1 (AMD).
PL 1995,
Ch. 373,
§1 (AMD).
RR 2001,
Ch. 2,
§B2 (COR).
RR 2001,
Ch. 2,
§B58 (AFF).
PL 2003,
Ch. 149,
§1 (AMD).
PL 2003,
Ch. 518,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §87. Fees payable by public officers

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 5: SECRETARY OF STATE

§87. Fees payable by public officers

A fee of $ 50 must be paid to the Secretary of State by a person appointed to the office of notary public, commissioner to take depositions and disclosures, disclosure commissioner or commissioner appointed under Title 33, section 251, before the person enters upon the discharge of official duties. [2005, c. 12, Pt. FF, §1 (amd).]


Section History:
PL 1969,
Ch. 225,
§2 (AMD).
PL 1981,
Ch. 456,
§A16 (AMD).
PL 1989,
Ch. 501,
§L3 (AMD).
PL 2005,
Ch. 12,
§FF1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §88-A. State identification cards; information; fee (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 5: SECRETARY OF STATE

§88-A. State identification cards; information; fee (REPEALED)



Section History:
PL 1987,
Ch. 45,
§A1 (NEW).
PL 1987,
Ch. 342,
§1 (AMD).
PL 1991,
Ch. 249,
§ (AMD).
PL 1991,
Ch. 595,
§1,2 (AMD).
PL 1991,
Ch. 824,
§B3 (AMD).
PL 1993,
Ch. 658,
§1 (AMD).
PL 1995,
Ch. 65,
§A153,C15 (AFF).
PL 1995,
Ch. 65,
§A7 (AMD).
PL 1995,
Ch. 645,
§B1,2 (AMD).
PL 1995,
Ch. 645,
§B24 (AFF).
PL 1997,
Ch. 437,
§1 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §88. Facsimile signature of Secretary of State

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 5: SECRETARY OF STATE

§88. Facsimile signature of Secretary of State

A facsimile of the signature of the Secretary of State imprinted by or at his direction upon any renewal of commissions by him under authority of section 82, or upon any certificate of true copy, certificate of any record of the Secretary of State, or certificate of good standing, or upon any attestation required of him by law, shall have the same validity as his written signature. [1975, c. 273 (new).]

Section History:
PL 1975,
Ch. 273,
§ (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §89. Cooperative document production capability

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 5: SECRETARY OF STATE

§89. Cooperative document production capability

1. Purpose. State motor vehicle operators' licenses and identification documents have an increasingly important role in our society. They serve not only to identify persons who have received permission to undertake a specific regulated activity, but also serve as identification in numerous public and private transactions. It is becoming vitally important to insure that state motor vehicle operators' licenses be issued in a form that clearly identifies them as official state documents, that they positively and easily identify the holder and that they are extremely difficult to counterfeit or alter. [1981, c. 506, § 1 (new).]


2. Form. An official state motor vehicle operator's license or identification card issued under this section shall be a one-piece document and shall:



A. Clearly indicate its nature as an official state document; [1981, c. 506, § 1 (new).]




B. Contain a photograph of the person to whom issued; [1981, c. 506, § 1 (new).]




C. Be manufactured in a manner to prohibit, as nearly as possible, the ability to reproduce, alter or counterfeit the document without ready detection; [1981, c. 506, § 1 (new).]




D. Contain other information required or appropriate for that license or identification card; and [1981, c. 506, § 1 (new).]




E. Provide that any license issued to persons under 21 years of age shall be distinguished by a different color or other means to make the distinction easily observable. [1985, c. 539, § 1 (amd).]

[1985, c. 539, § 1 (amd).]


Section History:
PL 1981,
Ch. 506,
§1 (NEW).
PL 1983,
Ch. 480,
§A2 (AMD).
PL 1985,
Ch. 539,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §90-A. Central filing system for security interests in farm products

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 5: SECRETARY OF STATE

§90-A. Central filing system for security interests in farm products

The Secretary of State may establish and operate a central filing system to record and provide notice of financing statements evidencing security interests in farm products. For this purpose, the Secretary of State may adopt rules, in accordance with the Maine Administrative Procedure Act, chapter 375, subchapter II, establish procedures and adopt a schedule of fees in conjunction with filing, registering, providing notices and other services performed by the Secretary of State in carrying out this section. [1987, c. 27, § 1 (new).] div>
Receipt of notice by a registered buyer entitled to receive a master list of notices of filed effective financing statements shall be considered to occur on the date that a master list was sent or delivered by the Secretary of State. [1987, c. 27, § 1 (new).]

Section History:
PL 1987,
Ch. 27,
§1 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §90-B. Address Confidentiality Program

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 5: SECRETARY OF STATE

§90-B. Address Confidentiality Program

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.



A. "Address" means a residential street, school or work address of an individual, as specified on the individual's application to be a program participant under this chapter. [2001, c. 539, §1 (new).]




B. "Application assistant" means an employee of a state or local agency, or of a nonprofit program that provides counseling, referral, shelter or other specialized service to victims of domestic abuse, rape, sexual assault or stalking and who has been designated by the respective agency, and trained, accepted and registered by the secretary to assist individuals in the completion of program participation applications. [2001, c. 539, §1 (new).]




C. "Designated address" means the address assigned to a program participant by the secretary pursuant to this section. [2001, c. 539, §1 (new).]




D. "Mailing address" means an address that is recognized for delivery by the United States Postal Service. [2001, c. 539, §1 (new).]




E. "Program" means the Address Confidentiality Program established in this section. [2001, c. 539, §1 (new).]




F. "Program participant" means a person certified by the Secretary of State to participate in the program. [2001, c. 539, §1 (new).]




G. "Secretary" means the Secretary of State. [2001, c. 539, §1 (new).]

[2001, c. 539, §1 (new).]


2. Program established. The Address Confidentiality Program is established to protect victims of domestic violence, stalking or sexual assault by authorizing the use of designated addresses for such victims. The program is administered by the secretary under the following application and certification procedures.



A. Upon recommendation of an application assistant, an adult person, a parent or guardian acting on behalf of a minor or a guardian acting on behalf of an incapacitated person may apply to the secretary to have a designated address assigned by the secretary to serve as the person's address or the address of the minor or incapacitated person. [2001, c. 539, §1 (new).]




B. The secretary may approve an application only if it is filed with the office of the secretary in the manner established by rule and on a form prescribed by the secretary. A completed application must contain:

(1) The application preparation date, the applicant's signature and the signature and registration number of the application assistant who assisted the applicant in applying to be a program participant;


(2) A designation of the secretary as agent for purposes of service of process and for receipt of first-class mail;


(3) The mailing address where the applicant may be contacted by the secretary or a designee and the telephone number or numbers where the applicant may be called by the secretary or the secretary's designee; and


(4) One or more addresses that the applicant requests not be disclosed for the reason that disclosure will jeopardize the applicant's safety or increase the risk of violence to the applicant or members of the applicant's household.
[2001, c. 539, §1 (new).]




C. Upon receipt of a properly completed application, the secretary may certify the applicant as a program participant. A program participant is certified for 4 years following the date of initial certification unless the certification is withdrawn or invalidated before that date. The secretary shall send notification of lapsing certification and a reapplication form to a program participant at least 4 weeks prior to the expiration of the program participant's certification. [2001, c. 539, §1 (new).]




D. The secretary shall forward first-class mail to the appropriate program participants. [2001, c. 539, §1 (new).]




E. A person who violates this paragraph commits a Class E crime.

(1) An applicant may not file an application knowing that it:

(a) Contains false or incorrect information; or


(b) Falsely claims that disclosure of the applicant's address or mailing address threatens the safety of the applicant or the applicant's children or the minor or incapacitated person on whose behalf the application is made.



(2) An application assistant may not assist or participate in the filing of an application that the application assistant knows:

(a) Contains false or incorrect information; or


(b) Falsely claims that disclosure of the applicant's address or mailing address threatens the safety of the applicant or the applicant's children or the minor or incapacitated person on whose behalf the application is made.

[RR 2001, c. 2, Pt. A, §4 (cor).]

[RR 2001, c. 2, Pt. A, §4 (cor).]


3. Cancellation. Certification for the program may be canceled if one or more of the following conditions apply:



A. If the program participant obtains a name change, unless the program participant provides the secretary with documentation of a legal name change within 10 business days of the name change; [2001, c. 539, §1 (new).]




B. If there is a change in the residential street address from the one listed on the application, unless the program participant provides the secretary with notice of the change in such manner as the secretary provides by rule; or [2001, c. 539, §1 (new).]




C. The applicant or program participant violates subsection 2, paragraph E, subparagraph (1). [2001, c. 539, §1 (new).]

[2001, c. 539, §1 (new).]


4. Use of designated address. Upon demonstration of a program participant's certification in the program, state and local agencies and the courts shall accept the designated address as a program participant's address when creating a new public record unless the secretary has determined that:



A. The agency has a bona fide statutory or administrative requirement for the use of the program participant's address or mailing address, such that it is unable to fulfill its statutory duties and obligations without the residential address; and [2001, c. 539, §1 (new).]




B. The program participant's address or mailing address will be used only for those statutory and administrative purposes. [2001, c. 539, §1 (new).]

[2001, c. 539, §1 (new).]


5. Disclosure to law enforcement and state agencies. If the secretary determines appropriate, the secretary may make a program participant's address or mailing address available for inspection or copying, under the following circumstances:



A. If requested of the secretary by a law enforcement agency in the manner provided for by rule; or [2001, c. 539, §1 (new).]




B. Upon request to the secretary by a commissioner of a state agency or the commissioner's designee in the manner provided for by rule and upon a showing of a bona fide statutory or administrative requirement for the use of the program participant's address or mailing address, such that the commissioner or the commissioner's designee is unable to fulfill statutory duties and obligations without the address or mailing address. [2001, c. 539, §1 (new).]

[2001, c. 539, §1 (new).]


6. Disclosure pursuant to court order or canceled certification. If the secretary determines appropriate, the secretary shall make a program participant's address and mailing address available for inspection or copying under the following circumstances:



A. To a person identified in a court order, upon the secretary's receipt of that court order that specifically orders the disclosure of a particular program participant's address and mailing address and the reasons stated for the disclosure; or [2001, c. 539, §1 (new).]




B. If the certification has been canceled because the applicant or program participant violated subsection 2, paragraph E, subparagraph (1). [2001, c. 539, §1 (new).]

[2001, c. 539, §1 (new).]


7. Confidentiality. The program participant's application and supporting materials are not a public record and must be kept confidential by the secretary. [2001, c. 539, §1 (new).]


8. Rules. The secretary shall adopt rules to carry out this section. These rules are routine technical rules as defined in Title 5, chapter 375, subchapter II-A. [2001, c. 539, §1 (new).]


Section History:
PL 2001,
Ch. 539,
§1 (NEW).
RR 2001,
Ch. 2,
§A4 (COR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §90-C. Voluntary filing system for designation of office for trustee process

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 5: SECRETARY OF STATE

§90-C. Voluntary filing system for designation of office for trustee process

The Secretary of State shall establish and operate a central filing system to record and provide notice of offices designated by financial institutions authorized to do business in this State and credit unions authorized to do business in this State for service of trustee process under Title 14, section 2608-A, subsection 1. For this purpose, the Secretary of State may adopt rules, establish procedures and adopt a schedule of fees in conjunction with filing, registering, providing notices and other services performed by the Secretary of State in carrying out this section. Rules adopted pursuant to this paragraph are routine technical rules as defined in chapter 375, subchapter 2-A. [2003, c. 149, §2 (new).]

Section History:
PL 2003,
Ch. 149,
§2 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §90-D. Public Comment Publication Fund

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 5: SECRETARY OF STATE

§90-D. Public Comment Publication Fund

The Public Comment Publication Fund, referred to in this section as "the fund," is established as a nonlapsing fund within the Department of the Secretary of State. The fund consists of fees for public comment on constitutional resolutions and statewide referenda received by the Secretary of State pursuant to Title 1, section 354. The money in the fund must be used for the purpose of publishing the informational pamphlet that includes the public comment, explanatory statement and fiscal estimate pursuant to Title 1, section 354. The unobligated and unencumbered balance of the fund in excess of $5,000 as of December 1st of each year must be transferred to the General Fund. [2005, c. 316, §3 (new).]

Section History:
PL 2005,
Ch. 316,
§3 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §90. Central filing system for security interests in farm products (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 5: SECRETARY OF STATE

§90. Central filing system for security interests in farm products (REPEALED)



Section History:
PL 1985,
Ch. 824,
§1 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
 
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