Maine Revised Statutes Title 32 Sec. 14709 – Waiver of security deposit
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Transient sellers of consumer merchandise may apply to the department for waiver of the security deposit required by section 14708 by presenting to the authorized person within the department the following information in addition to the information required under section 14706: [PL 2001, c. 324, §12 (NEW).]
1. Consumer sales. A sworn statement by the applicant that the applicant has continuously engaged in consumer sales in this State for a period not less than 3 years;
[PL 2001, c. 324, §12 (NEW).]
Terms Used In Maine Revised Statutes Title 32 Sec. 14709
- Consumer: means any person who purchases or contracts for the purchase of merchandise for any purpose except resale in the ordinary course of trade or business. See Maine Revised Statutes Title 32 Sec. 14701
- Department: means the Department of Professional and Financial Regulation. See Maine Revised Statutes Title 32 Sec. 14701
- Employee: means any independent contractor, agent or person working for a salary or commission. See Maine Revised Statutes Title 32 Sec. 14701
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Merchandise: includes any objects, wares, goods, promises, commodities, intangibles, services or other things of value but does not include food or technical or vocational schools located outside of the State that are registered pursuant to Title 20?A, section 9501. See Maine Revised Statutes Title 32 Sec. 14701
- Person: includes natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations and any other legal entities. See Maine Revised Statutes Title 32 Sec. 14701
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Theft offenses; fraudulent or deceptive business practice. A sworn statement by the applicant that neither the applicant nor any employee of the applicant operating in this State has been convicted of any theft offense or fraudulent or deceptive business practice in any United States‘ jurisdiction;
[PL 2001, c. 324, §12 (NEW).]
3. Complaints on file against applicant. A letter from the Attorney General’s office in the state where the applicant has its principal place of business stating the nature or absence thereof of complaints on file against the applicant; and
[PL 2001, c. 324, §12 (NEW).]
4. Letter of recommendation. A letter of recommendation from an appropriate trade association that promotes sound and ethical trade practices and the processing of consumer complaints that states the applicant is a member in good standing of that association.
[PL 2001, c. 324, §12 (NEW).]
The authorized person within the department shall forward the completed application for waiver of the security deposit to the Office of the Attorney General for review and shall within 15 days of receipt of the completed application and with the advice of the Attorney General grant or deny the application for waiver. [PL 2001, c. 324, §12 (NEW).]
SECTION HISTORY
PL 2001, c. 324, §12 (NEW).