Maine § 10 §8003-C Unlicensed practice

Maine Statutes

§ 10 §8003-C — Unlicensed practice

Maine·Title 10 COMMERCE AND TRADE·Part 9 DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION

1.Complaints of unlicensed practice. A board or commission identified in section 8001, subsection 38 or section 8001‑A or a regulatory function administered by the Office of Professional and Occupational Regulation identified in section 8001, subsection 38 may receive or initiate complaints of unlicensed practice.

2.Investigation of unlicensed practice. Complaints or allegations of unlicensed practice may be investigated by the Office of Professional and Occupational Regulation, the Attorney General's office or a board's or commission's complaint officer or inspector. If sufficient evidence of unlicensed practice is uncovered, the evidence must be compiled and presented to the Department of the Attorney General or the local district attorney's office for prosecution.

3.Unlicensed practi

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1.
Complaints of unlicensed practice.
A board or commission identified in section 8001, subsection 38 or section 8001‑A or a regulatory function administered by the Office of Professional and Occupational Regulation identified in section 8001, subsection 38 may receive or initiate complaints of unlicensed practice.
2.
Investigation of unlicensed practice.
Complaints or allegations of unlicensed practice may be investigated by the Office of Professional and Occupational Regulation, the Attorney General's office or a board's or commission's complaint officer or inspector. If sufficient evidence of unlicensed practice is uncovered, the evidence must be compiled and presented to the Department of the Attorney General or the local district attorney's office for prosecution.
3.
Unlicensed practice; criminal penalties.
Notwithstanding any other provision of law:
4.
Unlicensed practice; civil penalties.
Any person who practices or represents to the public that the person is authorized to practice a profession or trade or engage in an activity that requires a license without first obtaining a license as required by the laws relating to a board, commission or regulatory function identified in section 8001, subsection 38 or section 8001‑A or after the license has expired or has been suspended or revoked commits a civil violation punishable by a fine of not less than $1,000 but not more than $5,000 for each violation. An action under this subsection may be brought in District Court or, in combination with an action under subsection 5, in Superior Court.
5.
Unlicensed practice; injunctions.
The Attorney General may bring an action in Superior Court to enjoin any person from violating subsection 4, whether or not proceedings have been or may be instituted in District Court or whether criminal proceedings have been or may be instituted, and to restore to any person who has suffered any ascertainable loss by reason of that violation any money or personal or real property that may have been acquired by means of that violation and to compel the return of compensation received for engaging in that unlawful conduct.
6.
Unlicensed practice; private cause of action; repeal.

Maine § 10 §8003-C (Unlicensed practice) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

PL 1999, c. 687, §C12 (NEW). PL 2003, c. 452, §E10 (AMD). PL 2003, c. 452, §X2 (AFF). PL 2005, c. 378, §1 (AMD). PL 2005, c. 378, §29 (AFF). PL 2007, c. 402, Pt. C, §5 (AMD). PL 2009, c. 44, §1 (AMD). PL 2009, c. 465, §§3-5 (AMD). PL 2011, c. 286, Pt. B, §3 (AMD). PL 2011, c. 286, Pt. B, §5 (REV).