29- 250 C.M.R. ch. 103, § III

Current through 2024-51, December 18, 2024

Section 250-103-III - REQUIREMENTS OF RECYCLERS

A.Established Place of Business. The established place of business of a recycler shall:

1. Be a permanent location within the State which is easily accessible and open to the public at all reasonable times:

a. Is owned or leased by the applicant. If leased, a witnessed or notarized copy of the lease is required to be filed with the application;

2. Have facilities which:

a. Are adequate for the storage and display of vehicles being handled; and

b. Facilities and display areas must be reasonably free of debris, hazards and unrelated materials.

3. Have a suitable office which:

a. Is adequate for business being conducted;

b. Contains records of the business; and

c. Is heated and reasonably free of debris, hazards and unrelated materials.

d. Is separate from any living quarters. Active licenses prior to this date shall be grandfathered and exempt from this requirement.

4. Have business hours which are posted and clearly visible to the public;

a. Are a minimum of 30 hours per week consisting of at least five 6-hour days;

b. Shall be between 6:00 a.m. and 9:00 p.m.;

5. Display the license and supplement license(s) in a public space visible to the general public;

6. Have an exterior sign which meets the following requirements (unless a municipality has established ordinances regulating signs contrary to these rules, whereupon the Secretary of State, upon notification by the dealer of such ordinances, may grant an exception to these rules to the dealer affected):

a. The sign shall be permanently mounted, displayed at the established place of business and shall not be less than 12 square feet in surface size;

b. The sign shall be visible from the entrance to the lot and the letters of the sign shall be readable from a distance of 200 feet; and

c. The sign shall contain the trade or business name of the dealer and related businesses only.

7. Maintain records as follows:

a. Records shall be maintained at the established place of business and shall be available for inspection during posted business hours by agents of the Secretary of State or the Office of the Attorney General or duly authorized members of law enforcement agencies. Recyclers which do not have business hours between 8:00 a.m. and 5:00 p.m. shall make records available upon reasonable demand and advance notice by the Secretary of State, the Office of the Attorney General or law enforcement agencies;

b. All records shall be kept for a minimum of 5 years in accordance with 29-A M.R.S. §956(1).

c. Records shall be maintained on a form prescribed by the Secretary of State.

d. Recyclers shall provide proof of NMVTIS reporting registration to the Secretary of State upon initial application for recycler license.

B.Application. In addition to filling out the basic application, an applicant for a recycler license shall:

1. Answer, on a form prescribed by the Secretary of State, basic questions relative to the ownership and facilities of the established place of business and shall swear before a notary as to the truthfulness of the answers;

2. Submit to an investigation as follows:

a. Upon receipt of an application for a recycler license, the Secretary of State shall conduct an investigation into the ownership and facilities of the established place of business. Periodic inspections of the premises and facilities will be conducted thereafter to ensure continued compliance with all applicable laws, rules and regulations;

b. Applicants shall submit to State Bureau of Identification background check upon initial and renewal application. The Bureau of Motor Vehicles will request and receive the background check from the State Bureau of Identification. A fee for the background check will be assessed at time of initial and renewal application pursuant to Title 25 MRSA Sec.1541(1).

c. State criminal history record information shall be used for the purpose of screening dealer applicants in order to determine whether issuance of a dealer license is granted or maintained.

3. Recyclers shall provide current contact information to include primary or secondary telephone and mailing address, and an e-mail address if available as frequent statutory updates are disseminated via e-mail;

4. Recyclers shall make notification of changes to any of the contact information within 30 days, in writing or other means approved by the Secretary of State, of the old and new contact information.

5. Prior to approval of an application for a recycler license, an inspection report shall be submitted to the Secretary of State affirming that the dealership entity conforms to all applicable laws, rules and regulations;

6. Pay the appropriate filing fee at the time of application in addition to the license fee. Any business licensed by the Secretary of State as a new car, used car or equipment dealer pursuant to 29-A M.R.S. §951 is exempt from the recycler license fee;

7. Notify the Secretary of State of the sales tax number as issued by the Maine Revenue Services by submitting a reseller's certificate at initial application and upon each renewal;

8. Furnish copies of properly recorded partnership papers, authority to operate under an assumed name, if applicable, proof of incorporation in the State of Maine, or proof of authority for a foreign corporation to conduct business in the State of Maine;

9. Furnish proof of compliance with applicable building codes, zoning codes and other land use regulatory ordinances in the Maine municipality where the established place of business is operated;

10. Furnish proof of compliance with 30-A M.R.S. §3753;

11. Furnish a copy of a plot plan for the premises;

12. File a new application and fees whenever the ownership structure changes; and

13. New applicants must attend and complete the Dealer/Title Workshop conducted by the Bureau of Motor Vehicles prior to licensure.

29- 250 C.M.R. ch. 103, § III