Maine Statute | Act | Code |Title 32. Professions And Occupations| US Code - US Statute | Chapter 128. Regulation Of Transient Sales (heading. Pl 1993, C. 444, @1 (new); Pl 2001, C. 324, @2 (rpr))

USA Statutes : maine
Title : Title 32. PROFESSIONS AND OCCUPATIONS
Chapter : Chapter 128. REGULATION OF TRANSIENT SALES (HEADING. PL 1993, c. 444, @1 (new); PL 2001, c. 324, @2 (rpr))

Title 32 - §14501. Definitions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 128: REGULATION OF TRANSIENT SALES (HEADING: PL 1993, c. 444, @1 (new); PL 2001, c. 324, @2 (rpr))
Subchapter 1: DOOR-TO-DOOR HOME REPAIR TRANSIENT SELLERS (HEADING: PL 2001, c. 324, @2 (new))

§14501. Definitions

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [2001, c. 324, §3 (amd).]

1. Consumer. "Consumer" means any person who purchases or contracts for the purchase of home repair services. [1993, c. 444, §1 (new).]

2. Department. "Department" means the Department of Professional and Financial Regulation, Office of Licensing and Registration. [1993, c. 444, §1 (new); 1995, c. 502, Pt. H, §48 (amd).]

3. Door-to-door sales. "Door-to-door sales" means the solicitation or sale of home repair services by a home repair seller or the seller's employees to a consumer as a result of or in connection with the seller's or the employee's direct contact accomplished by means of a personal visit to the consumer, other than at the seller's place of business, without the consumer soliciting the initial contact. [1993, c. 444, §1 (new).]

4. Employee. "Employee" means any independent contractor, agent or person working for a salary or a commission who is affiliated with a home repair seller. [1993, c. 444, §1 (new).]

5. Home repair seller. "Home repair seller" means any person, partnership, corporation, business, trust or other legal entity that sells or provides home repair services. [1993, c. 444, §1 (new).]

6. Home repair services. "Home repair services" means to fix, replace, alter, convert, modernize, improve or make an addition to real property primarily designed or used as a residence. "Home repair services" includes, but is not limited to, the construction, installation, replacement, improvement or cleaning of driveways, swimming pools, porches, kitchens, chimneys, chimney liners, garages, fences, fall-out shelters, central air conditioning, central heating, boilers, furnaces, hot water heaters, electric wiring, sewers, plumbing fixtures, storm doors, storm windows, siding or awnings or other improvements to structures within the residence or upon the land adjacent to the residence, including tree trimming. [1993, c. 444, §1 (new).]

7. Permanent place of business. "Permanent place of business" means a building or other permanent structure, including a home residence, that is owned or held under a 12-month lease or rental agreement, from which business is commenced and that is used in whole or in part for the purpose of engaging in sales of home repair services. [1993, c. 444, §1 (new).]

8. Residence. "Residence" means a single-family or multifamily dwelling, including but not limited to a single-family home, apartment building, condominium, duplex or town house that is used or intended to be used by its occupants as a dwelling place. [1993, c. 444, §1 (new).]

9. Transient seller of home repair services. "Transient seller of home repair services," "transient seller" or "seller" means a home repair seller who engages in the business of door-to-door solicitations or sales of home repair services who does not have, at the time of the solicitation or contract, a permanent place of business in the municipality in which the door-to-door solicitation or sale occurs. [1993, c. 444, §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
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14502. Exemptions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 128: REGULATION OF TRANSIENT SALES (HEADING: PL 1993, c. 444, @1 (new); PL 2001, c. 324, @2 (rpr))
Subchapter 1: DOOR-TO-DOOR HOME REPAIR TRANSIENT SELLERS (HEADING: PL 2001, c. 324, @2 (new))

§14502. Exemptions

1. New homes. This subchapter does not apply to the original construction of a single-family or multifamily residence. [2001, c. 324, §4 (amd).]

2. Sales amount. This subchapter does not apply to home repair services for which the gross sales price, including any interest or carrying charges, is less than $25. [2001, c. 324, §4 (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 This page created on: 2005-10-01
Title 32 - §14503. Home repair services contract

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 128: REGULATION OF TRANSIENT SALES (HEADING: PL 1993, c. 444, @1 (new); PL 2001, c. 324, @2 (rpr))
Subchapter 1: DOOR-TO-DOOR HOME REPAIR TRANSIENT SELLERS (HEADING: PL 2001, c. 324, @2 (new))

§14503. Home repair services contract

It is a violation of this subchapter if a contract for home repair services to be provided by a transient seller of home repair services fails to meet the written contract requirements, if applicable, of: [2001, c. 324, §5 (amd).]

1. Consumer solicitations or sales. The laws governing consumer solicitations or sales, sections 4661 to 4670; [1993, c. 444, §1 (new).]

2. Transient sales. The laws governing transient sales, sections 14701 to 14716; [2001, c. 324, §6 (amd).]

3. Home solicitation sales. The laws governing home solicitation sales, Title 9-A, sections 3-501 to 3-507; and [1993, c. 444, §1 (new).]

4. Home construction contracts. The laws governing home construction contracts, Title 10, sections 1486 to 1490. [1993, c. 444, §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 This page created on: 2005-10-01
Title 32 - §14504. Registration required

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 128: REGULATION OF TRANSIENT SALES (HEADING: PL 1993, c. 444, @1 (new); PL 2001, c. 324, @2 (rpr))
Subchapter 1: DOOR-TO-DOOR HOME REPAIR TRANSIENT SELLERS (HEADING: PL 2001, c. 324, @2 (new))

§14504. Registration required

1. Registration required. A transient seller of home repair services must register with the department and acquire a door-to-door sales registration in the manner set forth in section 14505 before engaging in the door-to-door sales of home repair services. The registration requirement under this section is in addition to the licensing requirements applicable to the occupation, trade or profession for which a license is required. A transient seller who solicits sales during the course of a municipal or state repair contract is exempt from this requirement. [2003, c. 452, Pt. R, §11 (new); Pt. X, §2 (aff).]

2. Penalty. The following penalties apply to violations of this section.

A. A person who violates this section commits a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. [2003, c. 452, Pt. R, §11 (new); Pt. X, §2 (aff).]

B. A person who intentionally violates this section commits a Class D crime. [2003, c. 452, Pt. R, §11 (new); Pt. X, §2 (aff).]

[2003, c. 452, Pt. R, §11 (new); Pt. X, §2 (aff).]

3. Enforcement. This section is enforceable by either the Department of the Attorney General or a district attorney. [2003, c. 452, Pt. R, §11 (new); Pt. X, §2 (aff).]

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 This page created on: 2005-10-01
Title 32 - §14505. Evidence of registration

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 128: REGULATION OF TRANSIENT SALES (HEADING: PL 1993, c. 444, @1 (new); PL 2001, c. 324, @2 (rpr))
Subchapter 1: DOOR-TO-DOOR HOME REPAIR TRANSIENT SELLERS (HEADING: PL 2001, c. 324, @2 (new))

§14505. Evidence of registration

Upon registration, the department shall issue to a transient seller of home repair services a door-to-door sales registration that indicates that the person whose name appears on the registration is a registered transient seller of home repair services under this subchapter. The registration must also include the name of the seller's company. [2001, c. 324, §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 This page created on: 2005-10-01
Title 32 - §14506. Disclosure of registration number

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 128: REGULATION OF TRANSIENT SALES (HEADING: PL 1993, c. 444, @1 (new); PL 2001, c. 324, @2 (rpr))
Subchapter 1: DOOR-TO-DOOR HOME REPAIR TRANSIENT SELLERS (HEADING: PL 2001, c. 324, @2 (new))

§14506. Disclosure of registration number

1. Disclosure required. A contract for door-to-door sales of home repair services by a transient seller of home repair services must include the seller's door-to-door sales registration number in the following manner: State door-to-door sales registration #: (fill in number). [2003, c. 452, Pt. R, §12 (new); Pt. X, §2 (aff).]

2. Penalty. The following penalties apply to violations of this section.

A. A person who violates this section commits a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. [2003, c. 452, Pt. R, §12 (new); Pt. X, §2 (aff).]

B. A person who intentionally violates this section commits a Class D crime. [2003, c. 452, Pt. R, §12 (new); Pt. X, §2 (aff).]

[2003, c. 452, Pt. R, §12 (new); Pt. X, §2 (aff).]

3. Enforcement. This section is enforceable by either the Department of the Attorney General or a district attorney. [2003, c. 452, Pt. R, §12 (new); Pt. X, §2 (aff).]

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 This page created on: 2005-10-01
Title 32 - §14507. Application

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 128: REGULATION OF TRANSIENT SALES (HEADING: PL 1993, c. 444, @1 (new); PL 2001, c. 324, @2 (rpr))
Subchapter 1: DOOR-TO-DOOR HOME REPAIR TRANSIENT SELLERS (HEADING: PL 2001, c. 324, @2 (new))

§14507. Application

An application for registration under this chapter must be sworn to and must include: [1993, c. 444, §1 (new).]

1. Application information. The name, local and permanent business and residential address or addresses, date of birth and social security number of the home repair seller; [1993, c. 444, §1 (new).]

2. Employees of the seller. The names and addresses of employees of the seller, their dates of birth and social security numbers; [1993, c. 444, §1 (new).]

3. Statement. At the time of making the application, a statement of all civil judgments or criminal convictions secured or outstanding against the seller that arises out of home repair services during the 4 years prior to making the application, all criminal and civil suits pending against the seller that arise out of home repair services and all criminal convictions and criminal suits pending for theft against the seller. The seller shall promptly notify the department of all changes or additions in the information required by this section. Knowingly, intentionally or recklessly making a false statement in an application is grounds for denial of the application or revocation of the registration; and [1993, c. 444, §1 (new).]

4. Photograph. A recent photograph of the home repair seller. [1993, c. 444, §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 This page created on: 2005-10-01
Title 32 - §14508. Renewal application

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 128: REGULATION OF TRANSIENT SALES (HEADING: PL 1993, c. 444, @1 (new); PL 2001, c. 324, @2 (rpr))
Subchapter 1: DOOR-TO-DOOR HOME REPAIR TRANSIENT SELLERS (HEADING: PL 2001, c. 324, @2 (new))

§14508. Renewal application

An annual renewal application must be filed by the seller on October 31st or at such other times as the department designates. The renewal application must include changes or additions to the information required by section 14507. The department shall mail notice to the transient seller's last known address 30 days in advance of the expiration date. The renewal application must be accompanied by the required renewal fee. [2001, c. 324, §8 (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 This page created on: 2005-10-01
Title 32 - §14509. Registration fee

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 128: REGULATION OF TRANSIENT SALES (HEADING: PL 1993, c. 444, @1 (new); PL 2001, c. 324, @2 (rpr))
Subchapter 1: DOOR-TO-DOOR HOME REPAIR TRANSIENT SELLERS (HEADING: PL 2001, c. 324, @2 (new))

§14509. Registration fee

A transient seller must pay to the department required original and renewal license fees established by the department by rule in an amount not to exceed $300 annually. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A. [2001, c. 324, §9 (amd).]

1. Transient seller registration. [1999, c. 685, §25 (rp).]

2. Renewal. [1999, c. 685, §25 (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 This page created on: 2005-10-01
Title 32 - §14510. Service of process

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 128: REGULATION OF TRANSIENT SALES (HEADING: PL 1993, c. 444, @1 (new); PL 2001, c. 324, @2 (rpr))
Subchapter 1: DOOR-TO-DOOR HOME REPAIR TRANSIENT SELLERS (HEADING: PL 2001, c. 324, @2 (new))

§14510. Service of process

The department is an agent of a transient seller of home repair services engaging in those services for service of any process, notice or demand required or permitted by law. This service is binding upon the seller. Service of any such process, notice or demand must be made as provided by the Maine Rules of Civil Procedure. [1993, c. 444, §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 This page created on: 2005-10-01
Title 32 - §14511. Forms and model contract

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 128: REGULATION OF TRANSIENT SALES (HEADING: PL 1993, c. 444, @1 (new); PL 2001, c. 324, @2 (rpr))
Subchapter 1: DOOR-TO-DOOR HOME REPAIR TRANSIENT SELLERS (HEADING: PL 2001, c. 324, @2 (new))

§14511. Forms and model contract

The Department of the Attorney General has rule-making authority to adopt all forms necessary to fully implement this subchapter. The Department of the Attorney General shall prepare a form contract for door-to-door sales, that fully meets the obligations of a transient seller of home repair services under this subchapter. The Department of the Attorney General shall provide these forms at no cost to the department. [2001, c. 324, §10 (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 This page created on: 2005-10-01
Title 32 - §14512. Penalties

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 128: REGULATION OF TRANSIENT SALES (HEADING: PL 1993, c. 444, @1 (new); PL 2001, c. 324, @2 (rpr))
Subchapter 1: DOOR-TO-DOOR HOME REPAIR TRANSIENT SELLERS (HEADING: PL 2001, c. 324, @2 (new))

§14512. Penalties

The penalties in this section are in addition to penalties provided for specific violations within this subchapter. [2003, c. 452, Pt. R, §13 (new); Pt. X, §2 (aff).]

1. Criminal penalty. [2003, c. 452, Pt. R, §13 (rp); Pt. X, §2 (aff).]

2. Civil penalty. The following penalties apply to violations of this subchapter.

A. A transient seller of home repair services or the seller's employee who violates this subchapter commits a civil violation for which a fine of up to $2,000 may be adjudged. This penalty may be assessed against each seller and each employee. [2003, c. 452, Pt. R, §13 (new); Pt. X, §2 (aff).]

B. A transient seller of home repair services or the seller's employee who violates this subchapter after having previously violated this subchapter 2 or more times commits a civil violation for which a fine of not more than $5,000 may be adjudged. [2003, c. 452, Pt. R, §13 (new); Pt. X, §2 (aff).]

C. A transient seller of home repair services or the seller's employee who violates this subchapter in a way that injures a consumer who is more than 60 years of age commits a civil violation for which a fine of up to $5,000 may be adjudged. [2003, c. 452, Pt. R, §13 (new); Pt. X, §2 (aff).]

This subsection is enforceable by either the Department of the Attorney General or a district attorney. [2003, c. 452, Pt. R, §13 (amd); Pt. X, §2 (aff).]

3. Unfair trade practice. A transient seller of home repair services who fails to register in violation of this subchapter commits an unfair trade practice in violation of Title 5, section 207. [2001, c. 324, §11 (amd).]

4. Revocation. In any action under this section the court may also revoke the seller's registration to engage in the door-to-door sale of home repair services. [1993, c. 444, §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 This page created on: 2005-10-01
Title 32 - §14701. Definitions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 128: REGULATION OF TRANSIENT SALES (HEADING: PL 1993, c. 444, @1 (new); PL 2001, c. 324, @2 (rpr))
Subchapter 2: TRANSIENT SELLERS OF CONSUMER MERCHANDISE (HEADING: PL 2001, c. 324, @12 (new))

§14701. Definitions

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [2001, c. 324, §12 (new).]

1. Consumer. "Consumer" means any person who purchases or contracts for the purchase of merchandise for any purpose except resale in the ordinary course of trade or business. [2001, c. 324, §12 (new).]

2. Department. "Department" means the Department of Professional and Financial Regulation. [2001, c. 324, §12 (new).]

3. Employee. "Employee" means any independent contractor, agent or person working for a salary or commission. [2001, c. 324, §12 (new).]

4. Merchandise. "Merchandise" includes any objects, wares, goods, promises, commodities, intangibles, services or other things of value but does not include food or technical or vocational schools located outside of the State that are registered pursuant to Title 20-A, section 9501. "Merchandise" does not include securities that are registered or exempt from registration pursuant to chapter 135, the Maine Uniform Securities Act and rules adopted pursuant to that Act or insurance products that are regulated under Title 24-A. [2005, c. 347, Pt. E, §1 (amd).]

5. Permanent place of business. "Permanent place of business" means any building or other permanently affixed structure, including a home residence, that is owned or held under a 12-month lease or rental agreement at the time business is commenced and is used in whole or in part for the purpose of engaging in sales of consumer merchandise. [2001, c. 324, §12 (new).]

6. Person. "Person" includes natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations and any other legal entities. [2001, c. 324, §12 (new).]

7. Sale. "Sale" includes any sale, transfer, exchange or barter, offer for sale, promise to sell or attempt to sell, or advertisement for sale, of any merchandise for cash or for credit. [2001, c. 324, §12 (new).]

8. Transient seller of consumer merchandise or transient seller. "Transient seller of consumer merchandise" or "transient seller" means any person who engages in the business of selling merchandise to consumers by means of personal contact or telephone contact, whether or not the seller is present in the State at the time of the contact or the time of sale, and who does not have, for the purposes of carrying on such business, any permanent place of business within this State. "Transient seller of consumer merchandise" does not include a person who sells at public fairs, expositions or bazaars or a member selling on behalf of public service organizations. "Transient seller of consumer merchandise" does not include a person who sells exclusively by mail contact, except for a person who offers merchandise or money prizes as free of charge, such as contest prizes or gifts for answering a survey, but who requires the recipient to pay something of value in order to participate in this offer, including, but not limited to, entrance fees, processing fees or handling charges. A "transient seller of consumer merchandise" does not include a supervised lender as defined in Title 9-A, section 1-301, subsection 39. [2001, c. 324, §12 (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 This page created on: 2005-10-01
Title 32 - §14702. Registration

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 128: REGULATION OF TRANSIENT SALES (HEADING: PL 1993, c. 444, @1 (new); PL 2001, c. 324, @2 (rpr))
Subchapter 2: TRANSIENT SELLERS OF CONSUMER MERCHANDISE (HEADING: PL 2001, c. 324, @12 (new))

§14702. Registration

1. Registration required. A person who engages in the business of a transient seller of consumer merchandise, including a self-employed person or a person who employs one or more transient sellers of consumer merchandise, shall apply to the department and acquire a registration in the manner set forth in section 14706 before engaging in sales of consumer merchandise in this State. [2003, c. 452, Pt. R, §14 (new); Pt. X, §2 (aff).]

2. Penalty. The following penalties apply to violations of this section.

A. A person who violates this section commits a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. [2003, c. 452, Pt. R, §14 (new); Pt. X, §2 (aff).]

B. A person who intentionally violates this section commits a Class D crime. [2003, c. 452, Pt. R, §14 (new); Pt. X, §2 (aff).]

[2003, c. 452, Pt. R, §14 (new); Pt. X, §2 (aff).]

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 This page created on: 2005-10-01
Title 32 - §14703. Registrations

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 128: REGULATION OF TRANSIENT SALES (HEADING: PL 1993, c. 444, @1 (new); PL 2001, c. 324, @2 (rpr))
Subchapter 2: TRANSIENT SELLERS OF CONSUMER MERCHANDISE (HEADING: PL 2001, c. 324, @12 (new))

§14703. Registrations

1. Issuance. The department shall issue to each transient seller of consumer merchandise and employee of that transient seller a registration that, among other things, must indicate that the person whose name appears on the registration is a registered seller or employee of a registered seller under this subchapter. [2001, c. 324, §12 (new).]

2. Possession and presentation. Every transient seller of consumer merchandise and each of the seller's employees must have a valid registration, as required by this subchapter, in the seller's or employee's immediate possession at all times when engaging in sales of consumer merchandise in this State and shall present the registration for inspection upon request of any person. [2001, c. 324, §12 (new).]

3. Penalty. The following penalties apply to violations of this section.

A. A person who violates subsection 2 commits a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. [2003, c. 452, Pt. R, §15 (new); Pt. X, §2 (aff).]

B. A person who intentionally violates subsection 2 commits a Class D crime. [2003, c. 452, Pt. R, §15 (new); Pt. X, §2 (aff).]

[2003, c. 452, Pt. R, §15 (new); Pt. X, §2 (aff).]

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 This page created on: 2005-10-01
Title 32 - §14704. Disclosure of registration number and permanent place of business

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 128: REGULATION OF TRANSIENT SALES (HEADING: PL 1993, c. 444, @1 (new); PL 2001, c. 324, @2 (rpr))
Subchapter 2: TRANSIENT SELLERS OF CONSUMER MERCHANDISE (HEADING: PL 2001, c. 324, @12 (new))

§14704. Disclosure of registration number and permanent place of business

1. Registration number and permanent place of business disclosed in advertisements. Every time a transient seller of consumer merchandise advertises in this State for the sale of merchandise, whether in print or electronic media, the advertisement must disclose the transient seller's registration number in the following manner: "State Department of Professional and Financial Regulation Transient Seller's Registration Number: (Fill in number)" and must disclose the address of the seller's permanent place of business. [2001, c. 324, §12 (new).]

2. Registration number and place of business disclosed in written receipt. Every time a transient seller of consumer merchandise sells merchandise to a consumer in this State, the transient seller shall provide the purchaser with a written receipt, at the time of sale, disclosing the transient seller's registration number in the following manner: "State Department of Professional and Financial Regulation Transient Seller's Registration Number: (Fill in number)" and disclosing the transient seller's name and permanent place of business. [2001, c. 324, §12 (new).]

3. Penalty. The following penalties apply to violations of this section.

A. A person who violates this section commits a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. [2003, c. 452, Pt. R, §16 (new); Pt. X, §2 (aff).]

B. A person who intentionally violates this section commits a Class D crime. [2003, c. 452, Pt. R, §16 (new); Pt. X, §2 (aff).]

[2003, c. 452, Pt. R, §16 (new); Pt. X, §2 (aff).]

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 This page created on: 2005-10-01
Title 32 - §14705. Local registration

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 128: REGULATION OF TRANSIENT SALES (HEADING: PL 1993, c. 444, @1 (new); PL 2001, c. 324, @2 (rpr))
Subchapter 2: TRANSIENT SELLERS OF CONSUMER MERCHANDISE (HEADING: PL 2001, c. 324, @12 (new))

§14705. Local registration

Nothing in this subchapter affects the right of any town or municipality to make such regulations relative to transient sellers of consumer merchandise as may be permissible under the general law or under any municipal charter. [2001, c. 324, §12 (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 This page created on: 2005-10-01
Title 32 - §14706. Application

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 128: REGULATION OF TRANSIENT SALES (HEADING: PL 1993, c. 444, @1 (new); PL 2001, c. 324, @2 (rpr))
Subchapter 2: TRANSIENT SELLERS OF CONSUMER MERCHANDISE (HEADING: PL 2001, c. 324, @12 (new))

§14706. Application

Each application for a transient seller of consumer merchandise registration required by section 14702 must be made upon a form prescribed by the department, must be sworn to and must include: [2001, c. 324, §12 (new).]

1. Name and address. The name and local and permanent business address of the applicant; [2001, c. 324, §12 (new).]

2. Employees of applicant. Names of all employees of the applicant employed in this State; [2001, c. 324, §12 (new).]

3. Statement. A statement of all judgments secured or outstanding against the applicant arising out of sales to consumers during the 2 years immediately prior to making the application and of all suits of either a criminal or civil nature pending against the applicant that arise out of sales to consumers, at the time of making the application; [2001, c. 324, §12 (new).]

4. Statement of yearly gross revenues. A statement of anticipated yearly gross revenues from sales of consumer merchandise in this State; [2001, c. 324, §12 (new).]

5. Security deposits. The name and address of the person to whom security deposits made with the department pursuant to this subchapter are returned; and [2001, c. 324, §12 (new).]

6. Seller's certificate. The number of a valid transient seller of consumer merchandise's registration certificate issued to the applicant by the State Tax Assessor pursuant to Title 36, chapter 211 or satisfactory evidence that the applicant is not required to be registered under that Title. [2001, c. 324, §12 (new).]
div>
The applicant shall promptly notify the department of all changes or additions in the information required in this section upon a form prescribed by the department. [2001, c. 324, §12 (new).] div>
Any false statement in an application, either original or supplementary, for a registration subjects the applicant to the same penalty as if the applicant had no registration. [2001, c. 324, §12 (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 This page created on: 2005-10-01
Title 32 - §14707. Renewal application

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 128: REGULATION OF TRANSIENT SALES (HEADING: PL 1993, c. 444, @1 (new); PL 2001, c. 324, @2 (rpr))
Subchapter 2: TRANSIENT SELLERS OF CONSUMER MERCHANDISE (HEADING: PL 2001, c. 324, @12 (new))

§14707. Renewal application

A renewal application made under this subchapter and made upon a form prescribed by the department must be filed by the applicant on October 31st annually or at such other times as the Commissioner of Professional and Financial Regulation may designate. The renewal application must include all changes or additions in the information required by section 14706. Notice must be mailed to each applicant's last known address 30 days in advance of the expiration date of the applicant's current registration. The renewal application must be accompanied by a renewal fee, as provided in section 14708. [2001, c. 324, §12 (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 This page created on: 2005-10-01
Title 32 - §14708. Registration fee and security deposit

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 128: REGULATION OF TRANSIENT SALES (HEADING: PL 1993, c. 444, @1 (new); PL 2001, c. 324, @2 (rpr))
Subchapter 2: TRANSIENT SELLERS OF CONSUMER MERCHANDISE (HEADING: PL 2001, c. 324, @12 (new))

§14708. Registration fee and security deposit

1. Fees. The department shall establish fees by rule for applications, registrations and renewals under this subchapter in an amount not to exceed $300 annually for any one purpose. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A. [2001, c. 324, §12 (new).]

2. Dedicated revenues. All fees received under this subchapter must be paid to the Treasurer of State to be used for carrying out this subchapter. Any balance of these fees may not lapse, but must be carried forward as a continuing account to be expended for the same purpose in the following fiscal year. [2001, c. 324, §12 (new).]

3. Security deposit. Every person that engages in the business of transient sellers of consumer merchandise, including the self-employed or those who employ one or more transient sellers of consumer merchandise, shall also make a security deposit of $10,000 or of a sum equal to the anticipated yearly gross revenues in this State, whichever is less, with the department for the protection of consumers as described in section 14712. The security deposit may be made by a bond as drawn by the department and as secured by a surety approved by the department. Only one security deposit is required of each person engaged in transient sales of consumer merchandise. [2001, c. 324, §12 (new).]

4. Registration issued. The department shall issue to a transient seller of consumer merchandise and to employees of that transient seller a registration upon receipt of a completed application in proper form with required fees and a security deposit. [2001, c. 324, §12 (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 This page created on: 2005-10-01
Title 32 - §14709. Waiver of security deposit

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 128: REGULATION OF TRANSIENT SALES (HEADING: PL 1993, c. 444, @1 (new); PL 2001, c. 324, @2 (rpr))
Subchapter 2: TRANSIENT SELLERS OF CONSUMER MERCHANDISE (HEADING: PL 2001, c. 324, @12 (new))

§14709. Waiver of security deposit

Transient sellers of consumer merchandise may apply to the department for waiver of the security deposit required by section 14708 by presenting to the authorized person within the department the following information in addition to the information required under section 14706: [2001, c. 324, §12 (new).]

1. Consumer sales. A sworn statement by the applicant that the applicant has continuously engaged in consumer sales in this State for a period not less than 3 years; [2001, c. 324, §12 (new).]

2. Theft offenses; fraudulent or deceptive business practice. A sworn statement by the applicant that neither the applicant nor any employee of the applicant operating in this State has been convicted of any theft offense or fraudulent or deceptive business practice in any United States' jurisdiction; [2001, c. 324, §12 (new).]

3. Complaints on file against applicant. A letter from the Attorney General's office in the state where the applicant has its principal place of business stating the nature or absence thereof of complaints on file against the applicant; and [2001, c. 324, §12 (new).]

4. Letter of recommendation. A letter of recommendation from an appropriate trade association that promotes sound and ethical trade practices and the processing of consumer complaints that states the applicant is a member in good standing of that association. [2001, c. 324, §12 (new).]
div>
The authorized person within the department shall forward the completed application for waiver of the security deposit to the Office of the Attorney General for review and shall within 15 days of receipt of the completed application and with the advice of the Attorney General grant or deny the application for waiver. [2001, c. 324, §12 (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 This page created on: 2005-10-01
Title 32 - §14710. Revocation of right to waive security deposit

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 128: REGULATION OF TRANSIENT SALES (HEADING: PL 1993, c. 444, @1 (new); PL 2001, c. 324, @2 (rpr))
Subchapter 2: TRANSIENT SELLERS OF CONSUMER MERCHANDISE (HEADING: PL 2001, c. 324, @12 (new))

§14710. Revocation of right to waive security deposit

The authorized person within the department shall rescind the right of a transient seller of consumer merchandise to waive a security deposit upon occurrence of any of the following: [2001, c. 324, §12 (new).]

1. Conviction for theft or fraudulent business practices. The transient seller of consumer merchandise or any employee is convicted of a theft offense or fraudulent or deceptive business practice; [2001, c. 324, §12 (new).]

2. Failure to defend action under Title 5, chapter 10. The transient seller of consumer merchandise or any employee fails to successfully defend any action brought against it under Title 5, chapter 10; or [2001, c. 324, §12 (new).]

3. Failure to negotiate consumer complaints. The transient seller of consumer merchandise or any employee fails to negotiate consumer complaints filed against it with the Attorney General. [2001, c. 324, §12 (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 This page created on: 2005-10-01
Title 32 - §14711. Expiration

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 128: REGULATION OF TRANSIENT SALES (HEADING: PL 1993, c. 444, @1 (new); PL 2001, c. 324, @2 (rpr))
Subchapter 2: TRANSIENT SELLERS OF CONSUMER MERCHANDISE (HEADING: PL 2001, c. 324, @12 (new))

§14711. Expiration

1. Registrations. Registrations issued under section 14703 expire:

A. On the date that the registrant establishes a permanent place of business and surrenders the registrant's registration to the department; [2001, c. 324, §12 (new).]

B. When the registrant fails to file a renewal application as required by section 14707; or [2001, c. 324, §12 (new).]

C. Upon the surrender of the registration for cancellation. [2001, c. 324, §12 (new).]

[2001, c. 324, §12 (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 This page created on: 2005-10-01
Title 32 - §14712. Security deposit subject to claims; order of preference; return of security deposit

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 128: REGULATION OF TRANSIENT SALES (HEADING: PL 1993, c. 444, @1 (new); PL 2001, c. 324, @2 (rpr))
Subchapter 2: TRANSIENT SELLERS OF CONSUMER MERCHANDISE (HEADING: PL 2001, c. 324, @12 (new))

§14712. Security deposit subject to claims; order of preference; return of security deposit

Each security deposit made under section 14708 is subject, so long as it remains in the hands of the department, to the attachment and execution in behalf of consumers whose claims arise in connection with the transient sale of consumer merchandise in this State. The department may be impleaded as a trustee in any civil action brought against any registrant and shall pay over, under order of court, such sum of money as the department may be found chargeable. The security deposit is subject to the payment of any fines and penalties incurred by the registrant through any of the provisions of this subchapter, and the clerk of the court in which that fine or penalty is imposed shall notify the department of the name of the registrant against whom that fine or penalty is adjudged and of the amount of that fine or penalty. The department, if it has in its possession a sufficient sum deposited by that registrant, shall pay the sum so specified to the clerk. If the department does not have a sufficient sum so deposited, it shall make payment of so much as it has in its possession. All claims upon the deposit must be satisfied after judgment, fine and penalty, in the order in which the order of court is entered in the respective suits, until all claims are satisfied or the security deposit is exhausted. A security deposit may not be paid over by the department to a registrant so long as there are any outstanding claims or notices of claims that are subject of suit against the registrant, in which case the department shall retain only such sum of the security deposit as is subject of claim. [2001, c. 324, §12 (new).] div>
The security deposit required under section 14708 must be returned to the person so designated pursuant to section 14706, subsection 5 in the registrant's application for registration made under section 14702 12 months following the expiration of the registration. [2001, c. 324, §12 (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 This page created on: 2005-10-01
Title 32 - §14713. Violations; unfair trade practice

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 128: REGULATION OF TRANSIENT SALES (HEADING: PL 1993, c. 444, @1 (new); PL 2001, c. 324, @2 (rpr))
Subchapter 2: TRANSIENT SELLERS OF CONSUMER MERCHANDISE (HEADING: PL 2001, c. 324, @12 (new))

§14713. Violations; unfair trade practice

1. Criminal penalty. [2003, c. 452, Pt. R, §17 (rp); Pt. X, §2 (aff).]

2. Unfair trade practice. A person who fails to comply with this subchapter commits a violation of Title 5, chapter 10. [2001, c. 324, §12 (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 This page created on: 2005-10-01
Title 32 - §14714. Service of process

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 128: REGULATION OF TRANSIENT SALES (HEADING: PL 1993, c. 444, @1 (new); PL 2001, c. 324, @2 (rpr))
Subchapter 2: TRANSIENT SELLERS OF CONSUMER MERCHANDISE (HEADING: PL 2001, c. 324, @12 (new))

§14714. Service of process

The department is an agent of each person, including the self-employed, who employs one or more transient sellers of consumer merchandise for service of any process, notice or demand required or permitted by law to be served, and this service is binding upon the person. Service of any such process, notice or demand must be made as provided by Rule 4(d)(b) of the Maine Rules of Civil Procedure, as amended. [2001, c. 324, §12 (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 This page created on: 2005-10-01
Title 32 - §14715. Prohibited practices

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 128: REGULATION OF TRANSIENT SALES (HEADING: PL 1993, c. 444, @1 (new); PL 2001, c. 324, @2 (rpr))
Subchapter 2: TRANSIENT SELLERS OF CONSUMER MERCHANDISE (HEADING: PL 2001, c. 324, @12 (new))

§14715. Prohibited practices

A transient seller of consumer merchandise may not: [2001, c. 324, §12 (new).]

1. Misrepresentations. Misrepresent any material fact relating to the terms or conditions of sale; [2001, c. 324, §12 (new).]

2. False impressions. Create an impression that is false or the transient seller of consumer merchandise does not believe to be true; and [2001, c. 324, §12 (new).]

3. False promises. Promise performance that the transient seller of consumer merchandise does not intend to perform or knows will not be performed. [2001, c. 324, §12 (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 This page created on: 2005-10-01
Title 32 - §14716. Telemarketers

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 128: REGULATION OF TRANSIENT SALES (HEADING: PL 1993, c. 444, @1 (new); PL 2001, c. 324, @2 (rpr))
Subchapter 2: TRANSIENT SELLERS OF CONSUMER MERCHANDISE (HEADING: PL 2001, c. 324, @12 (new))

§14716. Telemarketers

1. Incorporation of federal standards. Violation of any provision of the Federal Trade Commission's Telemarketing Sales Rule, 16 Code of Federal Regulations, Part 310, as in effect on January 1, 2000, by a transient seller of consumer merchandise is a violation of this subchapter. [2001, c. 324, §12 (new).]

2. Additional prohibitions. A transient seller of consumer merchandise who is a telemarketer, as defined in the Federal Trade Commission's Telemarketing Sales Rule, 16 Code of Federal Regulations, Section 310.2, as in effect on January 1, 2000, and who initiates telephone contact with a consumer may not procure the services of any professional delivery courier or other pick-up service to obtain immediate receipt or possession of a consumer's payment, unless the goods are delivered with the opportunity to inspect before any payment is collected. [2001, c. 324, §12 (new).]

3. Do-not-call list. A transient seller of consumer merchandise who is a telemarketer, as defined in the Federal Trade Commission's Telemarketing Sales Rule, 16 Code of Federal Regulations, Section 310.2, as in effect on January 1, 2000:

A. Shall semiannually obtain subscription listings of consumers in this State who have arranged to be included on the national do-not-call list maintained by the Telephone Preference Service of the Direct Marketing Association, Inc., Farmingdale, New York or its successor organization; and [2001, c. 324, §12 (new).]

B. May not call any consumer in this State whose name is on the national do-not-call list unless the seller has an established business relationship with the consumer at the time the call is made. [2001, c. 324, §12 (new).]

A person is not in violation of paragraph B if the person obtained the listing of a consumer in accordance with paragraph A but called that consumer as the result of a good faith error. [2001, c. 324, §12 (new).]

4. Other applicable law. A transient seller of consumer merchandise who is a telemarketer, as defined in the Federal Trade Commission's Telemarketing Sales Rule, 16 Code of Federal Regulations, Section 310.2, as in effect on January 1, 2000, is subject to and shall comply with the provisions of chapter 69, subchapter V. [2001, c. 324, §12 (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 This page created on: 2005-10-01

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