1. License required. A transient seller of home repair services must be licensed by the department and acquire a door-to-door sales license in the manner as set under section 14505 before engaging in the door-to-door sales of home repair services. The licensing requirement under this section is in addition to the licensing requirements applicable to the occupation, trade or profession for which a license is required. A transient seller who solicits sales during the course of a municipal or state repair contract is exempt from this requirement.

[PL 2007, c. 402, Pt. KK, §1 (AMD).]

Attorney's Note

Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class D crimeup to 1 yearup to $2,000
Class E crimeup to 6 monthsup to $1,000
For details, see Me. Rev. Stat. Title 17-A § 1604

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Terms Used In Maine Revised Statutes Title 32 Sec. 14504

  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the Department of Professional and Financial Regulation, Office of Professional and Occupational Regulation. See Maine Revised Statutes Title 32 Sec. 14501
  • Door-to-door sales: means the solicitation or sale of home repair services by a home repair seller or the seller's employees to a consumer as a result of or in connection with the seller's or the employee's direct contact accomplished by means of a personal visit to the consumer, other than at the seller's place of business, without the consumer soliciting the initial contact. See Maine Revised Statutes Title 32 Sec. 14501
  • Home repair services: includes , but is not limited to, the construction, installation, replacement, improvement or cleaning of driveways, swimming pools, porches, kitchens, chimneys, chimney liners, garages, fences, fall-out shelters, central air conditioning, central heating, boilers, furnaces, hot water heaters, electric wiring, sewers, plumbing fixtures, storm doors, storm windows, siding or awnings or other improvements to structures within the residence or upon the land adjacent to the residence, including tree trimming. See Maine Revised Statutes Title 32 Sec. 14501
  • seller: means a home repair seller who engages in the business of door-to-door solicitations or sales of home repair services who does not have, at the time of the solicitation or contract, a permanent place of business in the municipality in which the door-to-door solicitation or sale occurs. See Maine Revised Statutes Title 32 Sec. 14501
2. Penalty. The following penalties apply to violations of this section.
A. A person who violates this section commits a Class E crime, which is a strict liability crime as defined in Title 17?A, section 34, subsection 4?A. [PL 2003, c. 452, Pt. R, §11 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. A person who intentionally violates this section commits a Class D crime. [PL 2003, c. 452, Pt. R, §11 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

[PL 2003, c. 452, Pt. R, §11 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

3. Enforcement. This section is enforceable by either the Department of the Attorney General or a district attorney.

[PL 2003, c. 452, Pt. R, §11 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

SECTION HISTORY

PL 1993, c. 444, §1 (NEW). PL 2001, c. 324, §7 (AMD). PL 2003, c. 452, §R11 (RPR). PL 2003, c. 452, §X2 (AFF). PL 2007, c. 402, Pt. KK, §1 (AMD).