LD 1895 "An Act To Protect Consumers by
Strengthening the Laws Governing Prepaid Home Heating Oil Contracts"
LD 1895, "An Act To Protect Consumers by Strengthening the Laws Governing Prepaid
Home Heating Oil Contracts", was signed into law on March 30, 2012 by Governor Paul
R. LePage. Public Law 2012, Chapter 574, amends MRSA Title 10, Section 1110. It
requires an oil dealer who offers prepaid contracts for home heating oil, kerosene or
liquified petroleum gas to Maine residents to register the dealer's intent to offer such
contracts (click link for form) with the Commissioner of Professional and Financial
Regulation by June 30th of each year and pay a fee of $100 to be used by the
commissioner in administering the law. It also requires these dealers to file an annual
report (click link for form) with the commissioner by October 31st of each year indicating
the manner of compliance.
The new law requires that the annual report be made on a form provided by the
commissioner and that the form conspicuously note that a false statement made on the
form is punishable as a Class D crime. The report must be signed by the dealer, or if the
dealer is a corporation, the report must be signed by either the president or an officer of
the corporation and include a list of all of the members of the board of directors of the
corporation. There is no fee for the annual report.
The new law also requires the commissioner to refer to the Attorney General any
registered dealer who fails to provide the required report or who makes a false
statement on the required report. The law provides that a violation of any of the
requirement of Title 10, Section 1110 is a violation of the Maine Unfair Trade Practices
Act. As amended, LD 1895 included an emergency preamble. The final language is at http://www.mainelegislature.org/legis/bills/bills_125th/billtexts/HP139901.asp
For more information, please call Doug Dunbar at (207) 624-8525 or email
doug.dunbar@maine.gov.
Last Updated:
April 6, 2012