26- 239 C.M.R. ch. 200, § 3

Current through 2025-03, January 15, 2025
Section 239-200-3 - DIRECTORY
A. Directory. The Attorney General shall develop, maintain and publish the directory, which shall list all tobacco product manufacturers that have provided current and accurate certifications conforming to the requirements of22 M.R.S.A. §1580-G, et seq. (Tobacco Manufacturers Act) and 22 M.R.S.A. §1580-L (Tobacco Product Manufacturers) and all brand families that are listed in such certifications; provided, however,
1. Missing Or Noncompliant Certification.The Attorney General shall not include or retain in such directory the name or brand families of any nonparticipating manufacturer that fails to provide the required certification or whose certification the Attorney General determines is not in compliance with 22 M.R.S.A. §1580-G, et seq. (Tobacco Manufacturers Act) and 22 M.R.S.A. §1580-L (Tobacco Product Manufacturers), unless the Attorney General has determined that such violation has been cured to the satisfaction of the Attorney General.
2. Inadequate Escrow Deposit And Outstanding Judgments. Neither a tobacco product manufacturer nor a brand family shall be included or retained in the directory if the Attorney General concludes in the case of a nonparticipating manufacturer that:
a.Any escrow payment required for any period and for any brand family, whether or not listed by such nonparticipating manufacturer, has not been fully paid into a qualified escrow fund governed by a qualified escrow agreement that has been approved by the Attorney General; or
b.Any outstanding final judgment, including interest thereon, for a violation of Maine's Master Settlement Agreement has not been fully satisfied for such brand family and/or such manufacturer.
3. Misrepresentations. The Attorney General shall not include or retain in such directory the name or brand families of any nonparticipating manufacturer whose certification the Attorney General determines is based on misrepresentation, false information, nondisclosure or concealment of fact.
B. Publication of Directory. The directory is available on the Internet at the Attorney General's website. Alternatively, it will be provided by mail upon request to the Attorney General.
C. Directory Updates. The Attorney General shall update the directory as necessary in order to correct mistakes and to add or remove a tobacco product manufacturer or brand families to keep the directory in conformity with the requirements of 22 M.R.S.A. §1580-L.
D. Directory Update Notices - Stamping Agents. The Attorney General shall transmit by electronic mail, if possible, or by other means as are reasonable to all persons who ask to receive it, notice of the addition to, or removal from, the directory of any tobacco product manufacturer or brand family.
E. Burden of Establishing Entitlement to Be Listed in the Directory. The burden of proof shall be on the tobacco product manufacturer to establish that it or a particular brand family is entitled to be listed in the directory.
F. Review of Attorney General Decisions Related to Excluding or Removing From the Directory. A determination of the Attorney General to exclude or remove from the directory a brand family or tobacco product manufacturer shall be subject to administrative review in accordance with the provisions of 5 M.R.S.A. Chapter 375, subchapter IV.

26- 239 C.M.R. ch. 200, § 3