Section 001-381-7 - SUSPENSION OF PRIVILEGE TO MEASURE WOOD OUT OF STATE WHERE PAYMENT IS MADE FOR SERVICESA.In-state measurement required. Under the following circumstances, wood harvested in the state of Maine shall be measured before being taken outside the state: 1. Payment is made for services in harvesting or hauling, or in both harvesting and hauling, and is based on measurement of the wood; and2. The State Sealer, after investigation, has reason to believe that: (a) There has been inaccurate measurement of wood; or(b) The measurement of wood was inaccurately or incompletely represented on the measurement tally sheet; or(c) A measurement tally sheet was not promptly furnished, as required in section 1 or 2, depending on the services provided; and(d) The occurrence of any of the alleged violations described in (a) through (c) above was not an inadvertent error.3. For purposes of paragraph (2), the State Sealer has "reason to believe" that one of the alleged violations described in paragraph (2), subparagraphs (a) through (c) has occurred, when, following an investigation in which the person requiring services has an opportunity to present evidence to the contrary, the State Sealer believes that the violation occurred and finds that the evidence to the contrary presented by the person requiring services is insufficient to rebut that belief.B.Order suspending privilege to measure out of state1. Where the State Sealer has reason to believe that a violation has occurred and was not the result of inadvertent error, the person requiring services, for a period of one year, is not allowed to remove wood from the state before it is measured. The State Sealer shall issue an order to that effect to the person requiring services which shall be sent by certified mail and shall state: (a) That the order becomes effective 30 days from the date it is received;(b) That the order requires measurement before wood leaves the state only where payment is made for services and is based on the measurement of the wood;(c) That the order remains in effect for a one year period; and(d) That the order shall not be stayed except by a request for bearing or an order of a court of competent jurisdiction.2. The State Sealer shall send a copy of the order to any person providing services whom he finds to have been aggrieved by the violation.C.No order issued. In a matter investigated under this section, if the state Sealer believes that a violation did not occur and he does not issue an order under subsection B, he shall so notify the person or persons, if any, whose allegations led to the investigation. The notice shall be in writing and shall be sent by certified mail.D.Hearing1. In a matter investigated under this section, following the State Sealer's decision whether to issue an order, a hearing may be requested: (a) If the State Sealer issues an order under subsection B, by the person to whom the order is directed; or(b) If the State Sealer issues a notice under subsection C, by a person to whom the notice is sent.2. The request for hearing shall be in writing and shall be delivered to the State Sealer or, if mailed, postmarked no later than 15 days after receipt of an order under subsection B or a notice under subsection C.3. The State Sealer shall hold a hearing within 30 days of receipt of a request, unless a later date is agreed to by the State Sealer and the parties. The hearing shall be an adjudicatory proceeding within the meaning of the Administrative Procedure Act (5 M.R.S.A. Chapter 375).4. An order issued under subsection B shall be suspended pending the outcome of the hearing.E.Measurement tally sheet requirements. Where an order suspending the privilege to measure out or state is in effect, measurement tally sheets shall be provided in advance of moving the wood out of state and in accordance with the general requirements for measurement tally sheet contained in Chapter 38301-001 C.M.R. ch. 381, § 7