01-001-381 Me. Code R. § 3

Current through 2024-51, December 18, 2024

Section 001-381-3 - GENERAL REQUIREMENTS WHERE PAYMENT IS MADE FOR SERVICES IN HAULING WOOD AND FOR SERVICES IN BOTH HARVESTING AND HAULING WOOD

A.Full Measure Required

1.Full Measure in Hauling. All wood that was designated to be hauled and which was hauled, shall be measured in full without regard to any merchantability factor. Payment for services in hauling shall be based on the measurement procedure for gross scale set forth in Chapter 382, section 6.

2.Full Measure in Both Harvesting and Hauling. All wood that was designated to be harvested and hauled and which was harvested and hauled, shall be measured in full without regard to merchantability factor. Payment for services in harvesting and hauling shall be based on the measurement procedure for gross scale set forth in Chapter 382, section 6 for each measurement system.

B.Limitation on Full Measurement Requirement. Wood that was designated not to be hauled but was hauled may be subtracted from the total measure for purposes of payment for services to the person providing services in hauling, when

1. the person providing the services was responsible for loading and he loaded wood which had been clearly marked as culled wood not to be hauled, or when the person providing the services was responsible for culling and marking the harvested wood that did not meet the written harvesting or hauling specifications and he loaded and hauled wood that did not meet the specifications, and

2. the person requiring the services affords the person providing the services a reasonable opportunity to review the wood in question.

C.Culled Wood

1.Method of Handling Culled Wood. To subtract the culled wood from the total measure, the marked pieces may be measured separately or the person requiring the services may use an alternative method, provided the method of calculation is reasonable and furnished to the person providing services in writing in advance of performance of the services.

2.Dispute on Culled Wood. If the person providing the services believes the culled wood had been designated to be hauled or harvested and hauled, he may file a complaint with the State Sealer and may give the person with possession or control of the wood notice to hold the wood because he will file or has filed a complaint. Chapter 384 of these Wood Measurement Rules governs such complaints and the notice to hold wood.

D.Written Specifications for Hauling or Both Harvesting and Hauling

1.Hauling. The person requiring services in hauling shall furnish the person providing the services with written hauling specifications where required by this chapter, section 4(B).

2.Harvesting and Hauling. The person requiring in both harvesting and hauling shall furnish services the person providing the services with written cutting and hauling specifications in accordance with this chapter, section 4(A) and (B).

3.Absence of Written Specifications. In the absence of written specifications, all wood that was hauled shall be presumed to have been designated for hauling, or for both harvesting and hauling.

4.Omission of Some Wood Designated To Be Hauled. When hauling specifications were provided but do not include some wood that was designated in some other manner to be hauled, all of such wood that was hauled shall be measured in full.

5.Inclusion of Provisions for Taking Deductions. The inclusion of any provision for taking deductions in hauling specifications under any circumstances other than permitted in this section under paragraph B are prohibited and shall be disregarded for purposes of payment.

6.Wood Harvested But Not Hauled. In the event that a person requiring services in both harvesting and hauling designated in the written specifications wood to be harvested but not hauled, the person requiring the services shall measure that wood according to the requirements for payment for services in harvesting, set forth in section 2 of this chapter.

E.Prompt Furnishing of Measurement Tally Sheet Required

Prompt furnishing of the measurement tally sheets is required for payment for services in hauling and in both harvesting and hauling and shall be furnished by the person requiring the service in accordance with Chapter 383.

01-001 C.M.R. ch. 381, § 3