The Commissioner of Agriculture, Conservation and Forestry is authorized, after consultation with municipal authorities and representatives of industry, to hold a public hearing for the purpose of establishing fees of the state sealer and the sealers of weights and measures for testing weights and measures to be paid by the person for whom the service is rendered. [PL 1969, c. 332 (RPR); PL 1979, c. 731, §19 (AMD); PL 2011, c. 657, Pt. W, §6 (REV).] Promulgation and establishment of fees shall follow the procedure and be subject to the requirements as to rulemaking of the Maine Administrative Procedure Act. [PL 1977, c. 694, §186 (AMD).] A sealer may not charge a fee provided by this section unless the sealer has adequate equipment to test accurately and the equipment has been approved to perform the service rendered by the state sealer. [RR 2023, c. 2, Pt. C, §66 (COR).] The state sealer or a sealer may not charge a fee for testing or calibrating weighing and measuring devices that have been calibrated or tested and approved within a period of 3 months from time of approval, as long as the devices are found to be correct, except fees for testing or calibrating retail vehicle tank metering devices tested or calibrated by a repairer in accordance with section 2654-A must be charged as provided in that section. [RR 2023, c. 2, Pt. C, §67 (COR).] When any person requests an inspection of any measuring device, the state sealer, deputy or inspector is authorized to charge an amount sufficient to cover the cost of actual expense incurred in performing this special service, including mileage, lodging and meals, in addition to the inspection fees described. All fees and expenses collected under this chapter by the state sealer shall be deposited in the General Fund. [PL 1979, c. 672, Pt. A, §48 (RPR).]
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