12-170 C.M.R. ch. 17, § III - NOTICE OF HIRE AND PROOF OF OWNERSHIP

A. A covered employer shall notify the Director of the hiring of any foreign laborer within 21 days of the commitment to hire the worker.

B. The notice must be provided on a form furnished by the Department. The form will, at a minimum, include the following information:

1. Name of worker

2. Occupation of worker

3. Date of hire

4. Date employment started or is to start

5. Date employment is scheduled to end (employer may estimate)

6. List by serial number each piece of covered equipment the worker will operate, and

7. Ownership status of each piece of covered equipment so listed.

C. The form will require that the employer or a representative of the employer certify that any information provided on the form and any additional documents provided are true and accurate. The failure to provide full and accurate disclosure constitutes a civil violation pursuant to 26 MRSA §872. A false statement may also be subject to criminal prosecution under applicable statutes, including but not limited to 17-A MRSA §453, which governs unsworn falsification.

D. For each piece of covered equipment listed in part 7 above which the employer claims ownership, the employer shall provide proof of ownership.

E. In accordance with the authorizing statute, a covered employer must claim ownership for at least one piece of covered equipment for every two foreign workers employed to operate such equipment.

F. In calculating the number of proofs of ownership to be provided when an odd number of foreign workers are employed to operate the covered equipment, that number must be one-half the number of relevant foreign workers plus 0.5. [Example: A covered employer hiring five foreign laborers as feller-buncher operators will need to provide proof of ownership for at least three feller-buncher machines.]

G. The covered equipment listed in accordance with B(6) above should include all equipment that the worker will use for more than one-third of the worker's employment.

Notes

12-170 C.M.R. ch. 17, § III