Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
001 - AGRICULTURE - GENERAL
Chapter 384 - WOOD MEASUREMENT RULES - COMPLAINTS AND INVESTIGATIONS
Section 001-384-3 - TIME REQUIREMENTS FOR FILING COMPLAINTS
Universal Citation: 01 ME Code Rules ยง 001-384-3
Current through 2024-38, September 18, 2024
A. Disputed wood complaints. A complaint that specific wood has been inaccurately measured shall be made within 15 days from the date on which the complainant discovered the alleged inaccurate measurement of the wood.
B. General Complaints. A complaint other than a disputed wood complaint shall be made within a reasonable time after the complainant discovers the alleged violation, as determined by the State Sealer.
C. Consequences of filing a disputed wood complaint more than 15 days after discovery of the inaccurate measurement of the wood
1. Whenever the State Sealer receives a
complaint that is for the inaccurate measurement of specific wood and the State
Sealer determines that the complaint was made more than 15 days from the date
of discovery of the alleged violation, the State Sealer shall notify the
complainant that no investigation of the complaint will be made, stating:
(a) That the State Sealer has reasonable
grounds to believe the complaint was not timely filed and stating the reasons
for that belief;
(b) That the
private right of action afforded under the Wood Measurement Law ( 10 M.R.S.A.
§2368(2)) is not available to an aggrieved party in the case of an
untimely complaint for disputed wood; and
(c) That the unavailability of a remedy under
the Wood Measurement Law does not modify any contract rights or other remedies
under law that may be available to the aggrieved party.
2. The notice that no investigation of the
complaint will be made shall be sent to the complainant by certified mail. The
notice will not be sent to any other person, except that if the person in
possession or control of the wood was given a notice to hold wood or an
impoundment order was issued, then the person in possession or control of the
wood and any other party to the wood transaction shall also be notified in
writing that the complaint has been dismissed.
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