01-001 C.M.R. ch. 383, § 1 - MEASUREMENT AND PROMPT FURNISHING OF MEASUREMENT TALLY SHEET REQUIRED

A. Payment for services

NOTE: These Rules shall not be read to undermine or otherwise interfere with the right to prompt payment of wages in the case of employees under the Maine Labor Laws. See 26 M.R.S.A. §621, "Time of payment" (requiring payment within 8 days) and § 626 "Cessation of employment".

1. General Rule. The person requiring the services in harvesting or hauling shall measure the wood and promptly furnish to the person providing services a completed measurement tally sheet. In payment for services, to measure wood and "promptly" furnish the completed tally sheet means to measure the wood and furnish the tally sheet within 15 days after the services in harvesting or hauling were rendered.

(a) Weight scale exception for harvesting wood. Where the wood will not be weighed within 15 days of when services in harvestings were rendered, the person providing the services may require an alternative method of measurement or may agree to delayed weight scale as permitted under the "green wood rule", Chapter 382, section 6(J)(2-A).

(b) Delayed weight scale record. When wood is weighed later than 15 days after the services were rendered, the person requiring the services shall prepare a written record of the wood involved. The written record shall be given to the person providing the services in harvesting no later than 20 days from when the services were rendered and shall include the following information:

(i) the date;

(ii) the identity of the person or persons providing services in harvesting the wood by name or crew number;

(iii) a description of the wood in sufficient detail for the person providing services to identify it, as by location and pile number;

(iv) the location where the wood is expected to be measured;

(v) the date by which the wood will be measured; and

(vi) the percentage adjustment that the parties have agreed upon to account for any anticipated moisture (weight) loss.

2. Preparation of measurement tally sheet. The person who measured the wood, or the assisting tally person, shall enter the general information required on the tally sheet at the time the wood is measured. See Section2(A), below.

3. Immediate availability of tally sheet. From the time the wood is measured until the measurement tally sheet is furnished, the person requiring the services shall make the measurement tally sheet available to the person providing the services at a reasonable location.

B. Sale Transaction

1. General Rule. In the case of sale, the party responsible for measuring the wood shall promptly measure the wood and furnish to the other party a completed measurement tally sheet. In a sale to measure and promptly furnish the measurement tally sheet means to measure the wood and furnish the tally sheet within 15 days of delivery of the wood to the purchaser, unless another time period is provided in the agreement of the parties.

2. Preparation of Measurement Tally Sheets. The person who measures the wood, or the assisting tally person, shall enter the general information required on the tally sheet. See section 2(A), below.

Notes

01-001 C.M.R. ch. 383, § 1