Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
001 - AGRICULTURE - GENERAL
Chapter 384 - WOOD MEASUREMENT RULES - COMPLAINTS AND INVESTIGATIONS
Section 001-384-5 - IMPOUNDMENT OF WOOD
Universal Citation: 01 ME Code Rules ยง 001-384-5
Current through 2024-38, September 18, 2024
A. Authority. Whenever the State Sealer believes that a violation of these Wood Measurement Rules may have occurred and that impoundment of wood is reasonably necessary for the furtherance of the investigation, the State Sealer may issue an order impounding wood.
B. Impoundment order. To impound wood, the State Sealer shall issue an order to the person with possession or control of the wood, identifying the wood to be impounded and ordering the person not to remove, cut, or otherwise process the impounded wood until he is permitted to do so by further order of the State Sealer.
1. An impoundment order may be given either
orally or in writing.
2. If the
impoundment order is given orally, within 4 days of giving the oral order the
State Sealer shall send a written order by certified mail to the person with
possession or control of the wood.
3. The State Sealer shall send a copy of any
written impoundment order to the parties to the wood transaction, if
known.
C. Release of impounded wood
1. Upon completion
of the check measurement or other examination of the wood, the State Sealer
shall issue:
(a) An order releasing any wood
impounded in the investigation; or
(b) An order continuing the impoundment, if
be determines that further investigation is likely and that continued
impoundment is therefore reasonably necessary.
2. At the time the State Sealer issues his
determination and findings under section12, he shall release any wood impounded
in the investigation and not yet released. However, if the State Sealer
determines that continued impoundment is necessary, he may apply to the court
for an order continuing the impoundment and the State Sealer's impoundment
order remains in effect until the application to the court is granted or
denied.
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