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| 2.__Payment required within 45 days.__Absent a written contract | | that indicates different payment terms between the landowner and | | the person conducting a harvest operation, the person conducting | | the harvest operation shall provide to the landowner full payment | | for each truckload of harvested forest products transported to a | | handling or processing facility within 45 days of delivery to the | | handling or processing facility.__In accordance with Title 10, | | section 2364-A, subsection 2, paragraph G, the person conducting | | the harvest operation shall provide to the landowner a copy of the | | measurement tally sheet or stumpage sheet for each truckload of | | forest products transported to a handling or processing facility | | when the person conducting the harvest operation pays the | | landowner. |
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| | | 3.__Penalties.__The following penalties apply. |
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| | | A.__A person who violates subsection 2 commits a civil | | violation for which a fine of not more than $1,000 may be | | adjudged. |
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| | | B.__A person who violates subsection 2 after having been | | adjudicated as having violated subsection 2 within the | | previous 5 years commits a civil violation for which a fine | | of not more than $2,000 may be adjudged. |
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| | | C.__A person who violates subsection 2 after having been | | adjudicated as having committed 2 or more civil violations | | under subsection 2 within the previous 5 years commits a | | Class E crime.__Violation of this paragraph is a strict | | liability crime as defined in Title 17-A, section 34, | | subsection 4-A. |
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| | | D.__In addition to any other penalties imposed in this | | subsection, the court may order a person adjudicated as | | having violated this section to provide upon request to any | | forest ranger of the Department of Conservation, Bureau of | | Forestry copies of measurement tally sheets for subsequent | | harvest operations being conducted by the violator for a | | period not to exceed one year. |
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| | | 4.__Restitution.__In addition to any penalties imposed | | pursuant to subsection 3 and, when appropriate, in accordance | | with the requirements of Title 17-A, chapter 54, the court shall | | order restitution to the landowner on the basis of an adequate | | factual foundation.__The amount of restitution may be determined | | by using the measured volume of the harvested forest products as | | listed on the measurement tally sheet or stumpage sheet in | | accordance with Title 10, section 2364-A, subsection 2 and by the | | terms of the sales contract according to the measurement |
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