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PUBLIC LAWS OF MAINE
First Regular Session of the 121st

PART O

     Sec. O-1. 26 MRSA §593 is repealed and the following enacted in its place:

§593. Textile piecework

     1. Posting of specifications. The occupiers or managers of every textile factory shall post in every room where employees work by piece rate, in legible writing or printing, and in sufficient numbers to be easily accessible to such employees, specifications of the character of each kind of work to be done by them and the rate of compensation, whether paid by the pound or by the pick as registered by the pick clock on each loom. Such specifications in the case of weaving rooms must state the intended and maximum length of a cut or piece, the count per inch of reed and the number of picks per inch, width of loom and width of cloth woven in the loom, and each warp must bear a designating ticket or mark of identification.

     2. Pick clocks. In mills operating looms engaged in the weaving of cloth or other textiles where weavers are not paid on a per hour or day basis, pick clocks must be placed on each loom in operation, and each weaver must be paid according to the number of picks registered on the pick clock.

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

     4. Application. This section does not apply to so-called gang looms or the weaving of carpets or elastic webbing.

     Sec. O-2. 26 MRSA §782 is repealed and the following enacted in its place:

§782. Parent, guardian or custodian

     1. Permitting or allowing child to work. A person who has control over a child as parent, guardian, custodian or otherwise may not permit or allow the child to be employed or to work in violation of this subchapter.

     2. Work permit containing false information. A person may not present, or permit or allow a child over which the person has control to present, to an employer, owner or superintendent or an overseer or agent as required under section 775 a work permit containing a false statement as to the date of birth or age of the child, knowing it to be false.

     3. Penalties. A person who violates this section commits a civil violation for which a fine of not less than $10 and not more than $50 for each offense may be adjudged.

     Sec. O-3. 26 MRSA §1082, sub-§2, as repealed and replaced by PL 1983, c. 351, §9, is amended to read:

     2. Powers and duties. In addition to other powers and duties provided in this chapter, the commission, by majority vote and with the advice of the commissioner, may adopt or rescind rules with respect to unemployment insurance in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375. The commission may require reports, make investigations and undertake other activities necessary to carry out the duties of the commission. Each member of the commission shall have is entitled to access to any information, memoranda, reports or statistical data which that is in the possession of or which that has been prepared by any a division of the Department of Labor and which that relates to the administration of this chapter.

     Sec. O-4. 26 MRSA §1082, sub-§7, as amended by PL 1997, c. 687, §1, is further amended to read:

     7. Records and reports. Each employing unit shall keep true and accurate work records, containing such information as the commissioner may prescribe. These records must be open to inspection and be subject to being copied by the commissioner or the commissioner's authorized representatives at any reasonable time and as often as may be necessary. The commissioner may require from any employing unit any sworn or unsworn reports, with respect to persons employed by it, that the commissioner considers necessary for the effective administration of this chapter. Information thus obtained or obtained from any individual pursuant to the administration of this chapter, except to the extent necessary for proper presentation of a claim, must be held confidential and may not be published or opened to public inspection, other than to public employees in the performance of their public duties or to any agent of an agency that is under contract with a state or local child-support agency, or to any agent of an agency that is under contract or subcontract with the state employment and job training agency, pursuant to safeguards established by the commissioner, in any manner revealing the individual's or employing unit's identity, but the department shall, upon request, provide to any party to an adjudicatory proceeding information from the records relating to the proceeding. Final decisions of adjudicatory proceedings are available to the public provided that after the names and addresses of claimants and employers are deleted from the decisions. Records, with any necessary authentication thereof of those records, required in the prosecution of any criminal action brought by another state for misrepresentation to obtain benefits under the law of this State must be made available to the agency administering the employment security law of any such state for the purpose of such prosecution. Any person who violates any provision of this subsection is guilty of a Class E crime. Any agent of an agency that is under contract with a state or local child-support agency, or any agent of an agency that is under contract or subcontract with the state employment and job training agency who discloses any information that is confidential pursuant to this subsection, other than disclosure authorized by this subsection, is guilty of a Class E crime.

Violation of this subsection is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.

     Sec. O-5. 26 MRSA §1082, sub-§9-A, as amended by PL 1987, c. 641, §5, is further amended to read:

     9-A. Refusal to appear. Any A person who without just cause fails or refuses to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda and other records, if it is in that person's power to do so, in obedience to a subpoena of the commissioner, the commission, the Division of Administrative Hearings or the duly authorized respresentative representative of any of them shall be guilty of commits a Class E crime. This crime is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. Whenever If a person refuses to obey a subpoena duly issued by the commissioner, the commission, the Division of Administrative Hearings or the duly authorized representative of any of them, any court of this State within the jurisdiction of which the person resides or transacts business, shall have has jurisdiction to issue to that person an order requiring the person to appear and produce evidence or testimony, and any failure to obey that order may be punished by the court as contempt of court.

     Sec. O-6. 26 MRSA §1420-C, as enacted by PL 1995, c. 560, Pt. F, §13, is repealed and the following enacted in its place:

§1420-C. Penalty

     1. Interference with admittance or enjoyment; rights. A person or the person's agent may not:

     2. Penalty. Violation of this section is a Class E crime. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.

     Sec. O-7. 26 MRSA §1420-D is enacted to read:

§1420-D. Misrepresentation of hearing dog

     A person who fits a dog with a collar and leash of the type required by section 1420-A, subsection 3 in order to represent that the dog is a hearing dog when training of the type that a hearing dog normally receives has not in fact been provided commits a civil violation for which a fine of not more than $100 may be adjudged.

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