Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
001 - AGRICULTURE - GENERAL
Chapter 384 - WOOD MEASUREMENT RULES - COMPLAINTS AND INVESTIGATIONS
Section 001-384-4 - ADDITIONAL PROCEDURES RELATING TO DISPUTED WOOD COMPLAINTS

Universal Citation: 01 ME Code Rules ยง 001-384-4

Current through 2024-38, September 18, 2024

A. Notice to hold wood

1. Notice by complainant. The complainant may, if he chooses, give notice to the person with possession or control of the wood to which the alleged violation relates that a complaint has been or will be filed and that he wants the wood to be held. The notice is effective if the wood can be separately identified at the time the notice is received. Notice to hold wood may be oral or written.

2. Notice given before complaint filed. If the complainant gives notice to the person with possession or control of the wood before he files the complaint, he must file the complaint on or before the 4th day after the day on which he gives that notice, but in no case later than 15 days from the date of discovery of the alleged violation.

3. Effect of notice. If the complainant gives notice to the person with possession or control of the wood that a complaint has been or will be filed, that person may not thereafter cause or allow the wood, if it can be separately identified, to be removed, cut, or otherwise processed so that it can no longer be separately identified and check measured, until permitted to do so by an order of the State Sealer.
(a) However, if the person with possession or control of the wood does not receive an order impounding the wood from the State Sealer within 12 days after receiving the notice to hold wood from the complainant, he may, after the 12th day, remove, cut, or otherwise process the wood.

(b) The person with possession or control of the wood may move the wood, provided the following requirements are met:
(i) He must maintain the form of the wood and its separate identity.

(ii) He may move it only once and only to a place at which it is no less convenient for the State Sealer to check measure or otherwise investigate the wood.

(iii) At that time the wood is moved, he must inform the complainant and the State Sealer of the location to which the wood will be moved. He may inform them orally or in writing, but if he does so orally the State Sealer may require that he also provide the information in writing.

(iv) The wood may not be moved again unless written prior permission is obtained from the State Sealer.

(c) Upon receipt from a complainant of a notice to bold wood, the person in possession or control of the wood may himself contact the State Sealer. if notification from the person in possession or control of the wood is received before the complaint is filed, the State Sealer may not investigate until the complaint is made.

B. Impoundment of disputed wood. Within 4 days of receipt of a complaint alleging that specific wood was inaccurately measured and stating that a notice to hold wood was given, the State Sealer may issue an order impounding the wood, as provided in subsection 5. However, if the State Sealer issues an impoundment order later than 4 days after receipt of the complaint, the order is still valid, provided the wood can be separately identified.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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