Title 32, Title 32

The department and any duly designated officer or employee of the department have the right, without an administrative inspection warrant, to enter upon and into the premises of any establishment licensed, or a place where a person licensed under this chapter practices, pursuant …

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1997, c. 206, §1 (NEW).] 1. Body piercer. "Body piercer" means a person who performs body piercing on another. 2. Body piercing. "Body piercing" means the creatio…

The department shall establish sterilization, sanitation and safety standards for persons engaged in the business of body piercing. The standards must be directed at establishment and maintenance of sterile conditions and safe disposal of instruments. The standards may be modifie…

A body piercer may not perform body piercing on a minor unless the individual obtains the prior written consent of the minor's parent or legal guardian. The prohibition contained in this section does not apply if: [PL 1997, c. 206, §1 (NEW).] 1. Proper identification. The body pi…

A person may not engage in the art of body piercing without first obtaining a license from the department. [PL 1997, c. 206, §1 (NEW).] 1. License renewal. A license under this chapter may be renewed annually upon payment of the prescribed fee, including late fees, additional ins…

The department may license persons to practice the art of body piercing. Licenses are issued annually by the department upon the payment of a fee not to exceed $250. The license fee for a person engaged in both the arts of tattooing, as defined in section 4201, and body piercing …

The department shall adopt rules necessary for regulating the art of body piercing. Rules adopted pursuant to this chapter are routine technical rules as defined by Title 5, chapter 375, subchapter II‑A.

1. Administrative penalty. A person who fails to be licensed as provided by section 4324, violates the sterilization, sanitation or safety standards adopted by the department under section 4326 or performs body piercing on a minor without parental consent under section 4323 is su…

Beginning January 1, 1998, a person seeking to engage in the business of body piercing shall comply with the provisions of this chapter.

This chapter does not restrict the activities of a physician or surgeon licensed under chapter 48.

The department and any duly designated officer or employee of the department have the right, without an administrative inspection warrant, to enter upon and into the premises of any establishment licensed, or a place where a person licensed under this chapter practices, pursuant …

As used in this subchapter, unless the context otherwise indicates, the following words shall have the following meanings. [PL 1977, c. 696, §250 (NEW).] 1. Consumer. "Consumer" means any person who purchases or contracts for the purchase of merchandise for any purpose, except re…

1. Contract required. When merchandise is sold or contracted to be sold, whether under a single contract or under multiple contracts, to a consumer as a result of or in connection with a seller's direct contact accomplished by means of and including, but not limited to, a persona…

Where merchandise is sold or contracted to be sold, whether under a single contract or under multiple contracts, to a consumer as a result of or in connection with a salesman's direct contact accomplished by means of and including, but not limited to, a personal visit or a teleph…

The consumer may avoid a contract or sale by giving written notice of avoidance to the seller by ordinary mail, postage prepaid, within 3 full business days following the day on which the contract or sale was made. The notice shall be sufficient if addressed to the seller at the …

1. Performance after right to cancel. If the contract requires the seller to affix merchandise permanently to real estate or its appurtenances, then the seller may not begin performance as long as the consumer has the right to cancel. 2. Penalty. The following penalties apply to …

Within 20 days of notification to the seller of the avoidance of a contract or sale as provided under this subchapter, the consumer upon demand shall tender to the seller any goods delivered to the buyer pursuant to the sale or contract but need not tender at any place other than…

1. Return upon avoidance. If the seller is given written notice of avoidance by the consumer pursuant to this subchapter and any merchandise that has been delivered is returned or made available for return to the seller, the seller must return to the consumer within 15 days of th…

1. Exclusions. This subchapter does not apply to the following: A. A sale where the gross sales price, including any interest or carrying charges, is less than $25; [PL 2001, c. 276, §1 (NEW).] B. A transaction regulated under Title 9‑A, sections 3‑501 to 3‑507; [PL 2001, c. 276,…

No seller, in any sale subject to this subchapter, shall offer to pay a commission or give a rebate or discount to the buyer in consideration of the buyer's giving to the seller the names of prospective purchasers or otherwise aiding the seller in making a sale to another person,…

Any violation of this subchapter shall constitute a violation of Title 5, chapter 10, Unfair Trade Practices Act.

A seller may not: [PL 1991, c. 524, §4 (NEW).] 1. Misrepresentations. Misrepresent any material fact relating to the terms or conditions of sale; 2. False impressions. Create an impression that is false or the seller does not believe to be true; and 3. False promises. Promise per…

As used in this chapter, unless the context indicates otherwise, the following terms shall have the following meanings. [PL 1979, c. 571 (NEW).] 1. Affiliated person. "Affiliated person" means a person who: A. Directly or indirectly controls, is controlled by or is under common c…

Seller shall provide all purchasers with a disclosure statement meeting the requirements of this chapter at the earliest of: at least 72 hours before the purchaser signs a business opportunity agreement; at least 72 hours before the purchaser makes payment of any consideration in…

The disclosure statement must include the following information accurately, clearly and concisely stated, in a legible written document. A disclosure statement meeting the criteria of any rules or regulations of the Federal Trade Commission requiring disclosure statements by sell…

The following notice shall appear, in conspicuous type, on the front page of the disclosure statement:DISCLOSURE REQUIRED BY MAINE LAWThe information contained in this disclosure statement has not been verified by the State of Maine. The State has not reviewed and does not approv…

All sellers shall obtain either a surety bond issued by a surety company authorized to do business in this State or have established an escrow account with a licensed bank or savings institute located in this State. The surety bond or escrow account shall be in an amount of not l…

Every seller shall register with the Securities Administrator prior to selling, offering to sell, advertising or undertaking any other act relating to the promotion of business opportunities in this State. Registration shall be complete upon paying a $25 fee, filing a copy of the…

A registration is effective for one year commencing on the date of effectiveness. A seller may annually renew the registration by paying a $10 fee, filing a copy of a current disclosure statement and providing evidence of a bond or escrow account satisfying the requirements of se…

A purchaser may avoid a contract for the purchase of a business opportunity by giving written notice of avoidance to the seller, by ordinary mail postage prepaid within 3 full business days following the day on which the contract was made. The notice shall be sufficient if addres…

It shall be unlawful for any seller: [PL 1979, c. 571 (NEW).] 1. Noncompliance. To fail to comply with any provision of this chapter, including, but not limited to: A. Failure to register pursuant to sections 4696 and 4697; [PL 1979, c. 571 (NEW).] B. Failure to provide all purch…

1. Investigations. The Securities Administrator may conduct investigations, within or outside the State, as the Securities Administrator finds necessary or appropriate to: A. Determine whether a person has violated, or is about to violate, a provision of this chapter or a rule or…

1. Violation. Any violation of this chapter shall constitute a violation of Unfair Trade Practices, Title 5, chapter 10. 2. Class D crime. An intentional violation of this chapter shall be a Class D crime. 3. Temporary restraining order. Upon application by the Attorney General, …

The Securities Administrator shall be an agent of each seller who sells, offers for sale, advertises or promotes business opportunities in this State for service of any process, notice or demand required or permitted by law to be served and this service shall be binding upon the …

All fees received under this chapter shall be paid to the Treasurer of State to be used for carrying out this chapter. Any balance of these fees shall not lapse, but shall be carried forward as a continuing account to be expended for the same purposes in the following fiscal year…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1991, c. 455, Pt. B, §1 (NEW).] 1. Apprentice well driller. "Apprentice well driller" means a person who is engaged to work at and learn the trade of well drillin…

1. Applicability. The provisions of this chapter apply to all water wells constructed in the State after January 1, 1994. The provisions of this chapter relating to geothermal heat exchange well construction, geothermal heat exchange well pump installation and licensing requireme…

1. Establishment of commission. The Maine Water Well Commission, as authorized by Title 5, chapter 379, is established to carry out the provisions of this chapter. The purpose of the commission is to provide the public with the highest quality drinking water possible by ensuring …

The commission has the following powers and duties. [PL 1991, c. 455, Pt. B, §1 (NEW).] 1. Hold hearings. The commission shall conduct hearings in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375. 1-A. Administer examinations. The commission shall deve…

Effective January 1, 1994, a person may not participate in the physical construction of a water well for compensation or any public drinking water well unless licensed under this section. After final adoption of initial rules pursuant to subsection 2‑A, a person may not participa…

Effective January 1, 1994, a person may not engage in the business of constructing water wells within the State or engage in the installation, replacement or repair of a pump in a water well unless licensed with the commission. After final adoption of initial rules pursuant to se…

Notwithstanding this chapter, all water wells and geothermal heat exchange wells must be constructed and maintained in accordance with all other laws and rules in effect, including for water wells the water well information laws, Title 12, section 550‑B.

1. Fine. A person, company, firm, partnership or corporation who installs, alters, repairs or replaces a water well, geothermal heat exchange well or pump system without being licensed as provided in this chapter or in violation of the code of performance adopted by the commissio…

The commission may issue a license without examination, in a comparable classification, to any person who holds a registration or license in any state, territory or possession of the United States or any country, if the commission determines that the requirements for registration…

The commission shall adopt rules directing that, upon constructing, enlarging or deepening a drinking water well, the well contractor who constructed, enlarged or deepened the well shall record information in a permanent manner, including, but not limited to, the name of the cont…

The Legislature finds and declares that the public health, safety and welfare of the State of Maine requires the exercise of the police powers of this State to safeguard the people of Maine by ensuring the delivery of competent veterinary medical care and further that the right t…