Section 001-384-12 - STATE SEALER'S DETERMINATION AND WRITTEN FINDINGSA.Determination and written findings required. After considering the results of the investigation and any written response to preliminary findings, the State Sealer shall make and issue a determination whether there are reasonable grounds to believe a violation has occurred. The determination shall be accompanied by a written statement of findings.B.Contents of determination and findings. The determination and findings of the State Sealer shall include:1. A brief description of the alleged violation;2. The results of the investigation and a summary of the evidence relied upon; and3. Determinations reached on the allegations in the complaint.C.Mailing of determination and findings. The State Sealer shall send a copy of the determination and findings by certified mail to: 2. The other parties to the wood transaction;3. The person who measured the wood;4. Any other person whose conduct was complained of;5. If known, the owner of the stumpage of the wood to which the complaint relates, if other than one of the above named persons.D.Accompanying notice required. The State Sealer shall send, with the written findings, a notice which shall indicate what further action will be taken, if any, and which shall state that:1. A determination that a violation of the Wood Measurement Law or these Wood Measurement Rules occurred is not binding upon the parties except by order of a court of law. Regardless of the determination, the State Sealer has no power to order adjustments in payment to be made.2. The State Sealer is authorized to apply to any court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any provision of the Wood Measurement Law or these Wood Measurement Rules.3. A violation of the Wood Measurement Law or these Wood Measurement Rules is punishable by the civil penalties of a fine not to exceed $1,000 for the first offense and $2,000 for each subsequent offense and that these civil penalties may be recovered by the State Sealer on behalf of the State in a civil action.4. The complainant has a right to bring a civil action for damages against any person who has violated any provision of the Wood Measurement Law or of these Wood Measurement Rules and that the civil action for damages may be brought by either the aggrieved party or, at the request of the State Sealer, by the Attorney General.5. A judgment in favor of a complainant in an action brought to recover damages may include, in addition to the actual damages adjudged to be due, a reasonable rate of interest, an additional amount as liquidated damages equal to twice the amount of actual damages, and costs of suit including a reasonable attorney's fee.6. Both the District Court and the Superior Court have jurisdiction of cases under the Wood Measurement Law and these Wood Measurement Rules, depending on the nature of the case and the remedy sought.E.Time requirements for determination and findings1.No written responses submitted. Where no written responses were filed under subsection B, the State Sealer shall issue the determination and findings within 15 days of issuance of the preliminary findings, except that if the State Sealer cannot issue the determination and findings within 15 days, he shall so advise the complainant and respondent in writing and shall state the date by which he expects to be able to issue them.2.Written response submitted. Where a written response was filed under subsection B, the State Sealer shall issue the determination and findings, or the amended or reversed preliminary findings, as the case may be, within 20 days of receipt of the written response, except that if the State Sealer cannot issue the determination and findings of the amended or reversed preliminary findings within 20 days, he shall so advise the complainant and respondent in writing and shall state the date by which be expects to be able to issue them.01-001 C.M.R. ch. 384, § 12