Chapter 402
S.P. 659 - L.D. 1842
PART KK
Sec. KK-1. 32 MRSA §14504, as repealed and replaced by PL 2003, c. 452, Pt. R, §11 and affected by Pt. X, §2, is amended to read:
1. License required.
A transient seller of home repair services must register with be licensed by the department and acquire a door-to-door sales registration license in the manner as set forth in under section 14505 before engaging in the door-to-door sales of home repair services. The registration licensing 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.
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.
B. A person who intentionally violates this section commits a Class D crime.
3. Enforcement.
This section is enforceable by either the Department of the Attorney General or a district attorney.
Sec. KK-2. 32 MRSA §14505, as amended by PL 2001, c. 324, §7, is further amended to read:
Upon registration licensure, the department shall issue to a transient seller of home repair services a door-to-door sales registration license that indicates that the person whose name appears on the registration license is a registered licensed transient seller of home repair services under this subchapter. The registration license must also include the name of the seller's company.
Sec. KK-3. 32 MRSA §14506, as repealed and replaced by PL 2003, c. 452, Pt. R, §12 and affected by Pt. X, §2, is amended to read:
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 license number in the following manner: State door-to-door sales registration license #: (fill in number).
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.
B. A person who intentionally violates this section commits a Class D crime.
3. Enforcement.
This section is enforceable by either the Department of the Attorney General or a district attorney.
Sec. KK-4. 32 MRSA §14507, as enacted by PL 1993, c. 444, §1, is amended to read:
An application for registration licensure under this chapter must be sworn to and must include:
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;
2. Employees of the seller.
The names and addresses of employees of the seller, their dates of birth and social security numbers;
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 license; and
4. Photograph.
A recent photograph of the home repair seller.
Sec. KK-5. 32 MRSA §14508, as amended by PL 2001, c. 324, §8, is further amended to read:
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 as set under section 14509.
Sec. KK-6. 32 MRSA §14509, as amended by PL 2001, c. 324, §9, is further amended to read:
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 The Director of the Office of Licensing and Registration within the department may establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any one purpose may not exceed $300 annually. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A 2-A.
Sec. KK-7. 32 MRSA §14511, as amended by PL 2001, c. 324, §10, is repealed.
Sec. KK-8. 32 MRSA §14512, sub-§3, as amended by PL 2001, c. 324, §11, is further amended to read:
3. Unfair trade practice.
A transient seller of home repair services who fails to register obtain a license in violation of this subchapter commits an unfair trade practice in violation of Title 5, section 207.
Sec. KK-9. 32 MRSA §14512, sub-§4, as enacted by PL 1993, c. 444, §1, is amended to read:
4. Revocation.
In any action under this section the court may also revoke the seller's registration license to engage in the door-to-door sale of home repair services.
Sec. KK-10. 32 MRSA §14513 is enacted to read:
The board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for any of the reasons enumerated in Title 10, section 8003, subsection 5-A, paragraph A.
Sec. KK-11. 32 MRSA §14702, as repealed and replaced by PL 2003, c. 452, Pt. R, §14 and affected by Pt. X, §2, is amended to read:
1. License 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 must apply to the department and acquire a registration license in the manner set forth in section 14706 before engaging in sales of consumer merchandise in this State.
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.
B. A person who intentionally violates this section commits a Class D crime.
Sec. KK-12. 32 MRSA §14703, as amended by PL 2003, c. 452, Pt. R, §15 and affected by Pt. X, §2, is further amended to read:
1. Issuance.
The department shall issue to each transient seller of consumer merchandise and employee of that transient seller a registration license that, among other things, must indicate that the person whose name appears on the registration license is a registered licensed seller or employee of a registered licensed seller under this subchapter.
2. Possession and presentation.
Every transient seller of consumer merchandise and each of the seller's employees must have a valid registration license, 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 license for inspection upon request of any person.
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.
B. A person who intentionally violates subsection 2 commits a Class D crime.
Sec. KK-13. 32 MRSA §14704, as amended by PL 2003, c. 452, Pt. R, §16 and affected by Pt. X, §2, is further amended to read:
1. License 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 license number in the following manner: "State Department of Professional and Financial Regulation Transient Seller's Registration License Number: (Fill in number)" and must disclose the address of the seller's permanent place of business.
2. License 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 license number in the following manner: "State Department of Professional and Financial Regulation Transient Seller's Registration License Number: (Fill in number)" and disclosing the transient seller's name and permanent place of business.
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.
B. A person who intentionally violates this section commits a Class D crime.
Sec. KK-14. 32 MRSA §14706, first ¶, as enacted by PL 2001, c. 324, §12, is amended to read:
Each application for a transient seller of consumer merchandise registration license required by section 14702 must be made upon a form prescribed by the department, must be sworn to and must include:
Sec. KK-15. 32 MRSA §14706, last ¶, as enacted by PL 2001, c. 324, §12, is amended to read:
Any false statement in an application, either original or supplementary, for a registration license subjects the applicant to the same penalty as if the applicant had no registration license.
Sec. KK-16. 32 MRSA §14707, as enacted by PL 2001, c. 324, §12, is amended to read:
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 April 30th 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 the renewal fee , as provided in as set under section 14708.
Sec. KK-17. 32 MRSA §14708, as enacted by PL 2001, c. 324, §12, is amended to read:
1. Fees.
The department shall establish fees by rule for applications, registrations and renewals under this subchapter in an amount not to Director of the Office of Licensing and Registration within the department may establish by rule fees for purposes authorized under this subchapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any one purpose may not 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 2-A.
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.
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.
4. License issued.
The department shall issue to a transient seller of consumer merchandise and to employees of that transient seller a registration license upon receipt of a completed application in proper form with required the fees as set under subsection 1 and a the security deposit required by subsection 3.
Sec. KK-18. 32 MRSA §14711, as enacted by PL 2001, c. 324, §12, is amended to read:
1. Licenses.
Registrations Licenses issued under section 14703 expire:A. On the date that the registrant licensee establishes a permanent place of business and surrenders the registrant's registration licensee's license to the department;
B. When the registrant licensee fails to file a renewal application as required by section 14707; or
C. Upon the surrender of the registration license for cancellation.
Sec. KK-19. 32 MRSA §14712, as enacted by PL 2001, c. 324, §12, is amended to read:
Each security deposit made under section 14708 is subject, so as 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 licensee 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 licensee 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 licensee 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 licensee, 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 as 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 licensee as long as there are any outstanding claims or notices of claims that are subject of suit against the registrant licensee, in which case the department shall retain only such sum of the security deposit as is subject of claim.
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 licensee's application for registration licensure made under section 14702 12 months following the expiration of the registration license.
Sec. KK-20. 32 MRSA §14715, as enacted by PL 2001, c. 324, §12, is repealed and the following enacted in its place:
In addition to the grounds enumerated in Title 10, section 8003, subsection 5-A, paragraph A, the department may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for:
1. Misrepresentations.
Misrepresentation of any material fact relating to the terms or conditions of sale;
2. False impressions.
Creation of an impression that is false or that the transient seller of consumer merchandise does not believe to be true; or
3. False promises.
Promising of performance that the transient seller of consumer merchandise does not intend to perform or believes will not be performed.