SP0504, LD 1388, item 1, An Act Regarding the Licensing Fees for Certain Professional Programs

An Act Regarding the Licensing Fees for Certain Professional Programs

Be it enacted by the People of the State of Maine as follows:

PART A

Sec. A-1. 10 MRSA §9006-C, sub-§1, as enacted by PL 1993, c. 642, §15, is amended to read:

1. Manufacturer's warranty seal. Before manufactured housing may be installed in this State, the manufacturer shall first obtain from the board a Maine manufacturer's warranty seal and . The warranty seal may be issued upon payment of the fee as set pursuant to section 9021, subsection 2-A. The manufacturer must attach the seal to the manufactured housing. The fee to the manufacturer for the warranty seal may not exceed $50.

Sec. A-2. 10 MRSA §9006-C, sub-§2, as amended by PL 2005, c. 344, §6, is further amended to read:

2. Installer's or mechanic's warranty seal. Before manufactured housing may be installed in this State, the installer or mechanic must obtain from the board a Maine installer's or mechanic's warranty seal and . The warranty seal may be issued upon payment of the fee as set pursuant to section 9021, subsection 2-A. The installer or mechanic must attach the seal to the manufactured housing. The fee to the installer or mechanic for the warranty seal may not exceed $25.

Sec. A-3. 10 MRSA §9009, sub-§1, as enacted by PL 1977, c. 550, §1, is amended to read:

1. Investigations. The board is authorized to conduct any inspections and investigations as may be necessary to carry out its responsibilities under this chapter. Fees for inspection of manufactured housing that must be paid by the manufacturer, dealer, developer dealer, installer or mechanic whose actions or failure to act gave rise to the necessity of the inspection are set pursuant to section 9021, subsection 2-A. The board is authorized to contract with local governments and private inspection organizations to carry out such inspection functions to the extent not prohibited by federal law, rule or regulation.

Sec. A-4. 10 MRSA §9021, sub-§2-A, as enacted by PL 2007, c. 402, Pt. D, §7, is amended to read:

2-A. Fees. The Director of the Office of Licensing and Registration within the Department of Professional and Financial Regulation may establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes. The license fee to operate a mobile home park pursuant to subchapter 6 may not exceed a base fee of $40 $60 plus an additional amount of up to $4 $6 per mobile home site. This fee must accompany each license application, including applications for mobile home park expansion and license renewal. The review and evaluation fees authorized by section 9083 may not exceed the actual cost of the review or evaluation. The fee for any inspection authorized by this chapter may not exceed the actual cost of the inspection. The fee for each warranty seal required by section 9006-C, subsections 1 and 2 and each new dwelling unit required by section 9045 may not exceed $200. The fee for any other purpose authorized by this chapter may not exceed $200 annually. Rules adopted pursuant to this section subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. A-5. 10 MRSA §9021, sub-§3, as amended by PL 2007, c. 402, Pt. D, §7, is further amended to read:

3. License term. Licenses expire February 28th or at such other times as A license expires on the date set by the Commissioner of Professional and Financial Regulation may designate and are issued on a biennial basis upon payment of the license fee as set under subsection 2-A pursuant to section 8003, subsection 4 for the licensing period for which the license was issued. An additional license fee for each additional business location may be set under subsection 2-A for dealers, developer dealers, installers or mechanics who have more than one business location. A license may be renewed upon receipt of an application for renewal and the payment of the renewal fee as set pursuant to subsection 2-A. A license may be renewed up to 90 calendar days after the date of expiration upon payment of a late fee in addition to the renewal fee. An applicant who submits an application for renewal more than 90 calendar days after the expiration date is subject to all requirements governing new applicants under this chapter.

Sec. A-6. 10 MRSA §9065-A is enacted to read:

§ 9065-A. Preoccupancy inspection fee

The fee for a preoccupancy inspection of manufactured housing, as required pursuant to 24 Code of Federal Regulations, Part 3286, is set pursuant to section 9021, subsection 2-A.

Sec. A-7. 10 MRSA §9084, first ¶, as amended by PL 2007, c. 402, Pt. D, §14, is further amended to read:

The board shall, within 30 days following receipt of application, issue an annual a license to operate any mobile home park that is found to comply with this subchapter and the rules adopted by the board.

Sec. A-8. 10 MRSA §9084, 5th ¶, as amended by PL 2007, c. 402, Pt. D, §14, is further amended to read:

All mobile home park licenses expire annually on a date established A license expires on the date set by the Commissioner of Professional and Financial Regulation . Licenses pursuant to section 8003, subsection 4 for the licensing period for which the license was issued. A license may be renewed upon receipt of an application for renewal and upon payment of the renewal fee as set under section 9021, subsection 2-A, subject to compliance with rules of the board and with this subchapter. A license may be renewed up to 90 days after the date of its expiration upon payment of a late fee in addition to the renewal fee as set under section 9021, subsection 2-A. If any licensee fails to renew within 90 days after expiration, that licensee is required to make a new application An applicant who submits an application for renewal more than 90 calendar days after the expiration date is subject to all requirements governing new applicants under this chapter.

PART B

Sec. B-1. 32 MRSA §558, as amended by PL 2007, c. 402, Pt. H, §15, is further amended to read:

§ 558. Fees

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 $250 annually. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

PART C

Sec. C-1. 32 MRSA §3501-B, as repealed and replaced by PL 2003, c. 250, Pt. B, §5, is amended to read:

§ 3501-B. Fees

The Director of the Office of Licensing and Registration within the Department of Professional and Financial Regulation may establish by rule fees 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 $200 $350 biennially. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. C-2. 32 MRSA §3504, first ¶, as amended by PL 1999, c. 386, Pt. L, §9, is repealed and the following enacted in its place:

A license expires on the date set by the commissioner pursuant to Title 10, section 8003, subsection 4 for the licensing period for which the license was issued. A license may be renewed upon receipt of an application for renewal and payment of the renewal fee as set under section 3501-B.

PART D

Sec. D-1. 32 MRSA §14012-A, as enacted by PL 2005, c. 262, Pt. D, §2, is amended to read:

§ 14012-A. Fees

The Director of the Office of Licensing and Registration within the Department of Professional and Financial Regulation 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 $450 annually. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. D-2. 32 MRSA §14025, first ¶, as amended by PL 2005, c. 262, Pt. D, §4, is further amended to read:

A license expires on the date set by the Commissioner of Professional and Financial Regulation pursuant to Title 10, section 8003, subsection 4 for the licensing period for which the license was issued. The board shall issue a renewal license for each ensuing licensing period in the absence of any reason or condition that might warrant the refusal to grant a license, upon receipt by the board of the written request of the applicant and the required fee for the license A license may be renewed upon receipt of an application for renewal and payment of the renewal fee as set under section 14012-A and upon the applicant presenting evidence of compliance with the requirements of section 14027. Licenses may be renewed up to 90 days after the date of expiration upon payment of a late fee, as set under section 14012-A, in addition to a required renewal fee as set under section 14012-A.

Sec. D-3. 32 MRSA §14038, sub-§5, as enacted by PL 2005, c. 518, §9, is amended to read:

5. Limited license term. A trainee real property appraiser license may only be renewed for 2 biennial 5 annual terms. After 6 years, the trainee is not eligible for license renewal but must qualify as a new applicant.

summary

This bill adjusts the fee cap for 4 licensing programs within the Department of Professional and Financial Regulation.

Part A restores the fee cap for licenses issued by the Manufactured Housing Board from $200 biennially to $200 annually to correct a drafting error in Public Law 2007, chapter 402; increases the park fees from a $40 base fee and up to $4 per mobile home site to a $60 base fee and up to $6 per mobile home site; and authorizes an assessment for the actual cost of inspections of manufactured housing.

Part B changes the fee cap for chiropractor licenses from $300 biennially to $250 annually.

Part C increases the fee cap for plumber licenses from $200 to $350 biennially.

Part D changes the fee cap for real estate appraiser licenses from $450 biennially to $450 annually.

SP0504 LD 1388	First Regular Session - 124th Maine Legislature Text: MS-Word, RTF or PDF		LR 508 Item 1
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