§ 10 §8003 — Departmental organization; duties

Maine § 10 §8003

• Jurisdiction: Maine
• Title 10: COMMERCE AND TRADE
• Part 9: DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION

Text

1.
Division of Administrative Services.
There is created a Division of Administrative Services, which is a division within the department under the commissioner's office, to provide assistance to the commissioner and to the agencies within and affiliated with the department in civil service matters, budgeting and financial matters, purchasing, and clerical and support services, and to perform other duties the commissioner designates. The commissioner may employ a Director of Administrative Services and clerical and technical assistants necessary to discharge the duties of the division and shall outline their duties and fix their compensation, subject to the Civil Service Law.
2.
Office of Licensing and Registration.
2-A.
Office of Professional and Occupational Regulation.
There is created an Office of Professional and Occupational Regulation, referred to in this subsection as the "office," composed of the boards, commissions and regulatory functions set forth in section 8001, subsection 38. The commissioner may appoint a Director of the Office of Professional and Occupational Regulation and those clerical and technical assistants who are necessary to discharge the duties of the office and shall outline their duties and fix their compensation, subject to the Civil Service Law. Notwithstanding any other provision of law granting authority to a board or commission, the Director of the Office of Professional and Occupational Regulation has the following superseding powers, duties and functions:
3.
License defined.
For purposes of this section, the term "license" means a license, certification, registration, permit, approval or other similar document evidencing admission to or granting authority to engage in a profession, occupation, business or industry but does not mean a registration, permit, approval or similar document evidencing the granting of authority to engage in the business of banking pursuant to Title 9‑B.
4.
Licensing periods; renewal dates.
The commissioner may establish expiration or renewal dates and establish whether licenses are issued annually or biennially for all licenses authorized to be issued by bureaus, offices, boards and commissions within the department, notwithstanding any other provisions of law. If an expiration or renewal date established by the commissioner has the effect of shortening the term of a license currently in effect, the bureau, office, board or commission, or the department in the case of a license that it issues directly, shall credit the fee paid, on a prorated basis, for the unexpired term of the current license toward the renewal fee of the renewal license. If a license is not renewed on the new expiration or renewal date established by the commissioner, the license remains in effect through its original term, unless suspended or revoked sooner under laws or regulations of the respective bureau, office, board or commission. Should a licensee seek to renew the license at the end of the original term, the law or regulations established by the respective bureau, office, board or commission for late renewals or reregistrations apply. For the purpose of implementing and administering biennial licensing, the commissioner may permit bureaus, offices, boards and commissions within the department to issue licenses and establish renewal fees for less than a 2-year term. This section may not change the term or fee for one-time licenses, except as specifically stated.
4-A.
Disclosure and recording of social security numbers.
An individual who applies for a license shall provide that individual's social security number on the application, which must be recorded.
5.
Authority of bureaus, offices, boards or commissions.
In addition to authority otherwise conferred, unless expressly precluded by language of denial in its own governing law, each bureau, office, licensing board and commission within or affiliated with the department may take one or more of the following actions, except that this subsection does not apply to the Bureau of Financial Institutions or the Office of Professional and Occupational Regulation, including the licensing boards and commissions and regulatory functions within the Office of Professional and Occupational Regulation.
5-A.
Authority of Office of Professional and Occupational Regulation.
In addition to authority otherwise conferred, unless expressly precluded by language of denial in its own governing law, the Office of Professional and Occupational Regulation, referred to in this subsection as "the office," including the licensing boards and commissions and regulatory functions within the office, have the following authority.
6.
Funding.
The commissioner may assess each internal bureau, office, board or commission served by the commissioner's office, the Division of Administrative Services or the Office of Professional and Occupational Regulation its reasonable share of an amount sufficient to cover the cost of operating those service agencies. The commissioner may assess any board affiliated with the department for the services the board receives from the department. The commissioner may assess other state agencies for licensing functions performed on behalf of those agencies by the Office of Professional and Occupational Regulation.
7.
Evidentiary effect of certificate.
Notwithstanding any provision of law or rule of evidence, the certificate of the commissioner under the seal of the State must be received by any court in this State as prima facie evidence of the issuance, suspension or revocation of any license issued by the department.
8.
Display of license.
9.
Construction.
10.
National disciplinary record system.
Within the limits of available revenues, all bureaus, offices, boards or commissions internal or affiliated with the department shall join or subscribe to a national disciplinary record system used to track interstate movement of regulated professionals who have been the subject of discipline by state boards, commissions or agencies and report disciplinary actions taken within this State to that system.

Legislative History

PL 1975, c. 556, §1 (NEW). PL 1975, c. 705, §3 (AMD). PL 1975, c. 767, §9 (RPR). PL 1977, c. 113 (AMD). PL 1977, c. 273, §§1,2 (AMD). PL 1983, c. 553, §13 (RPR). PL 1985, c. 748, §18 (AMD). PL 1985, c. 785, §B55 (AMD). PL 1987, c. 595, §2 (AMD). PL 1987, c. 609, §§1,2 (AMD). PL 1989, c. 450, §6 (AMD). PL 1991, c. 509, §§1-3 (AMD). PL 1993, c. 600, §A11 (AMD). PL 1993, c. 659, §§B2,3 (AMD). PL 1995, c. 397, §12 (AMD). PL 1995, c. 502, §H10 (AMD). PL 1997, c. 210, §§1-3 (AMD). PL 1997, c. 537, §3 (AMD). PL 1997, c. 537, §62 (AFF). PL 1997, c. 680, §A1 (AMD). PL 1999, c. 184, §§15-17 (AMD). PL 1999, c. 386, §§B2-5 (AMD). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 1999, c. 687, §§C5-9 (AMD). PL 2001, c. 44, §10 (AMD). PL 2001, c. 44, §14 (AFF). PL 2001, c. 167, §1 (AMD). PL 2001, c. 323, §9 (AMD). PL 2003, c. 204, §B1 (AMD). PL 2005, c. 111, §1 (AMD). PL 2005, c. 474, §1 (AMD). PL 2007, c. 402, Pt. C, §§2, 3 (AMD). PL 2007, c. 621, §§2, 3 (AMD). PL 2009, c. 112, Pt. A, §2 (AMD). PL 2009, c. 112, Pt. B, §4 (AMD). PL 2011, c. 286, Pt. B, §2 (AMD). PL 2011, c. 286, Pt. B, §5 (REV). PL 2013, c. 217, Pt. A, §1 (AMD). PL 2017, c. 173, §§1, 2 (AMD). PL 2019, c. 503, Pt. A, §1 (AMD). PL 2021, c. 167, §§1-9 (AMD). PL 2021, c. 642, §§1, 2 (AMD). PL 2025, c. 304, §§1, 2 (AMD).