38 §568-B. Fund Insurance Review Board created (WHOLE SECTION TEXT EFFECTIVE UNTIL 12/31/15) (WHOLE SECTION TEXT REPEALED 12/31/15 by T. 38, §568-B, sub-§3)

Title 38: WATERS AND NAVIGATION

Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS

Subchapter 2-B: OIL STORAGE FACILITIES AND GROUND WATER PROTECTION

§568-B. Fund Insurance Review Board created

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE UNTIL 12/31/15)

(WHOLE SECTION TEXT REPEALED 12/31/15 by T. 38, §568-B, sub-§3)

1. Fund Insurance Review Board. The Fund Insurance Review Board, as established by Title 5, section 12004-G, subsection 11-A, is created for the purposes of hearing and deciding appeals from insurance claims-related decisions of the commissioner as well as adopting rules and guidelines necessary to the furtherance of its duties and responsibilities under this subchapter. The review board consists of 10 members appointed for 3-year terms as follows:

A. Three persons representing the petroleum industry, appointed by the Governor, one of whom is nominated by the Maine Oil Dealers Association, one of whom is a retailer who owns fewer than 5 retail outlets, as defined in Title 10, section 1672, subsection 6, and one of whom is a retailer who owns 5 or more retail outlets, as defined in Title 10, section 1672; [2003, c. 551, §14 (AMD).]

B. Five members of the public who are not employed in the petroleum industry and who do not have a direct and substantial financial interest in the petroleum industry to be appointed by the Governor; [1995, c. 399, §21 (AFF); 1995, c. 399, §6 (AMD).]

C. The commissioner or the commissioner's designee; and [1993, c. 363, §12 (NEW); 1993, c. 363, §21 (AFF).]

D. The State Fire Marshal or the fire marshal's designee. [1993, c. 363, §12 (NEW); 1993, c. 363, §21 (AFF).]

Members described in paragraphs A and B are entitled to reimbursement for direct expenses of attendance at meetings of the review board or the appeals panel.

[ 2003, c. 551, §14 (AMD) .]

2. Powers and duties of review board. The Fund Insurance Review Board has the following powers and duties:

A. To hear appeals from insurance claims-related decisions of the commissioner pursuant to section 568-A, subsection 3-A; [1993, c. 363, §12 (NEW); 1993, c. 363, §21 (AFF).]

B. To adopt rules in accordance with Title 5, chapter 375, subchapter II establishing criteria for determining substantial compliance for aboveground oil storage facilities; [1995, c. 399, §21 (AFF); 1995, c. 399, §7 (AMD).]

C. To contract with the Finance Authority of Maine for such assistance in fulfilling the board's duties as the board may require; [1999, c. 505, Pt. A, §9 (AMD).]

D. To monitor income and disbursements from the Ground Water Oil Clean-up Fund under section 569-A and adjust fees pursuant to section 569-A, subsection 5, paragraph E, as required to avoid a shortfall in the fund; and [1999, c. 505, Pt. A, §10 (AMD).]

E. To consult with the Finance Authority of Maine at such times as are necessary, but no less than annually, to review income and disbursements from the Waste Oil Clean-up Fund under Title 10, section 1023-L. The board, at such times and in such amounts as it determines necessary, and in consultation with the Finance Authority of Maine, shall direct the transfer of funds from the Underground Oil Storage Replacement Fund to the Groundwater Oil Clean-up Fund. [2001, c. 356, §8 (AMD).]

[ 2001, c. 356, §8 (AMD) .]

3. Repeal date. This section is repealed December 31, 2015.

[ 2009, c. 319, §13 (AMD) .]

SECTION HISTORY

1993, c. 363, §12 (NEW). 1993, c. 363, §21 (AFF). 1995, c. 399, §§6-8 (AMD). 1995, c. 399, §21 (AFF). 1999, c. 505, §§A9-11 (AMD). 2001, c. 356, §8 (AMD). 2003, c. 245, §11 (AMD). 2003, c. 551, §14 (AMD). 2009, c. 319, §13 (AMD).