1. Application. The applicant shall file an application on forms as prescribed and furnished by the commissioner. These forms shall include the full name of the person applying for the license and, if the applicant is a corporation, partnership, association, exchange or legal representative or officer, director, partner or member thereof, all names and positions are to be stated on the application. If the applicant is a foreign corporation, it shall certify that it is registered with the Secretary of State under Title 13?A, chapter 12 and further state the principal business address of the applicant in the State or elsewhere, the address of all places of business in the State and the name or names of the person or persons authorized to receive and accept service of lawful process upon the applicant within the State. All questions required to be answered in application for licenses shall be sworn to.

[PL 1981, c. 139 (NEW).]

Terms Used In Maine Revised Statutes Title 7 Sec. 455

  • Applicant: means any person applying for a license under this subchapter. See Maine Revised Statutes Title 7 Sec. 452
  • Commissioner: means the Commissioner of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 7 Sec. 452
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Licensed commodities: means dry beans and other vegetables listed in rules established pursuant to section 453, but does not mean potatoes, which are governed by chapter 103, subchapter 10, article 3. See Maine Revised Statutes Title 7 Sec. 452
  • Licensee: means any person who holds a commodities license issued under this subchapter. See Maine Revised Statutes Title 7 Sec. 452
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Notice to interested persons. Upon receipt of the applications, the commissioner shall cause written notice to be provided to any person who has filed, within the preceding year, a written request to receive the notice of applications. Any interested person shall have 10 days in which to file comments as to the applicant’s qualifications or to request a hearing prior to the issuance of the license.

[PL 1981, c. 139 (NEW).]

3. Qualifications of applicant. The applicant shall satisfy the commissioner of the applicant’s character, financial responsibility and good faith in seeking to engage in the business. The commissioner may issue a license to the applicant if the commissioner is satisfied as to the applicant’s qualifications. When the license is issued, the applicant may act in the capacity described in the license for a period of one year from the date of issuance.

[RR 2021, c. 1, Pt. B, §70 (COR).]

4. Bond. In order to insure the licensee‘s financial responsibility and to protect producers of licensed commodities, the commissioner shall require the licensee to file a bond in a form and amount satisfactory to the commissioner, but in any event not less than $5,000 nor more than $100,000, payable to the commissioner in the commissioner’s official capacity and conditioned on the full and prompt payment for all licensed commodities received or purchased from producers or other licensees during the effective period of the license.

[RR 2021, c. 1, Pt. B, §71 (COR).]

5. License fees. Each license must plainly state the name and business address or addresses of the licensee and must be posted in a conspicuous place in each office where the business is transacted. The fee for each license is $50. If the licensee desires to carry on business in more than one place within the State, the licensee shall procure additional copies of the license, certified by the commissioner, for each place where business is to be conducted. The fee for each certification is $10. All fees collected under this subchapter must be paid forthwith to the Treasurer of State and credited to the Department of Agriculture, Conservation and Forestry for the administration of this subchapter and other expenses incident to the administration of the department, and must be expended by the commissioner for the purposes for which the department is created. If any fees are not expended during the year in which they are collected, the unexpended balance does not lapse, but is carried as a continuing account available for the purposes specified, until expended.

[RR 2021, c. 1, Pt. B, §72 (COR).]

SECTION HISTORY

PL 1981, c. 139 (NEW). PL 2011, c. 657, Pt. W, §5 (REV). RR 2021, c. 1, Pt. B, §§70-72 (COR).