Current through 2024-51, December 18, 2024
Section 001-384-14 - ADDITIONAL CONSEQUENCES OF FAILURE TO FURNISH PROPER MEASUREMENT TALLY SHEET OR FAILURE TO OBEY AN IMPOUNDMENT ORDER OR A NOTICE TO HOLD WOODA.Separate Violation. A person with possession or control of wood who received an impoundment order or a notice to hold wood, regardless of whether he is one of the persons whose conduct is complained of, is in violation of these Wood Measurement Rules if be causes or allows the wood to be removed, cut or otherwise processed such that it can no longer be separately identified.B.Presumption of Violations1.Underscaling. Where a person whose conduct is complained of for underscaling has not furnished a completed measurement tally sheet as required in Chapter 383, he shall be presumed by the State Sealer to have committed the violation of underscaling. The person whose conduct is complained of may offer evidence to rebut the presumption.2.Presumption of alleged violation. Where in conjunction with an investigation of an alleged violation, a person has failed to obey an impoundment order or a notice to hold wood, the State Sealer shall presume that the person has committed the alleged violation. The person whose conduct is complained of may offer evidence to rebut the presumption. 01-001 C.M.R. ch. 384, § 14