1.Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.Notice.
The Penobscot Nation or the Houlton Band of Maliseet Indians may serve notice upon a support obligor who is not in compliance with an order of support that informs the obligor of the Penobscot Nation's or the Houlton Band of Maliseet Indians' intention to submit the obligor's name to the appropriate board as a licensee who is not in compliance with an order of support. The notice must inform the obligor that:
3.Written agreement to pay past-due support.
An obligor who is presently unable to pay all past-due support may come into compliance with the support order by executing a written payment agreement with the Penobscot Nation or the Houlton Band of
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1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Notice.
The Penobscot Nation or the Houlton Band of Maliseet Indians may serve notice upon a support obligor who is not in compliance with an order of support that informs the obligor of the Penobscot Nation's or the Houlton Band of Maliseet Indians' intention to submit the obligor's name to the appropriate board as a licensee who is not in compliance with an order of support. The notice must inform the obligor that:
3.
Written agreement to pay past-due support.
An obligor who is presently unable to pay all past-due support may come into compliance with the support order by executing a written payment agreement with the Penobscot Nation or the Houlton Band of Maliseet Indians and by complying with that agreement. A condition of a written payment agreement must be that the obligor pay the current support when due. Before a written payment agreement is executed, the obligor shall:
4.
Failure to comply with written agreement.
Failure to comply with a written payment agreement described in subsection 3 is grounds for license revocation unless the obligor notifies the Penobscot Nation or the Houlton Band of Maliseet Indians that the obligor is unable to comply with the agreement and provides the Penobscot Nation or the Houlton Band of Maliseet Indians with evidence of the obligor's current financial circumstances to support the claim. The consequences of failing to comply with a written payment agreement and the requirements to avoid license revocation, if the obligor cannot comply with the agreement, must be stated in the agreement. If the obligor claims inability to comply with a written payment agreement, the Penobscot Nation, upon motion to the Penobscot Nation Tribal Court, or the Houlton Band of Maliseet Indians, upon motion to the Maliseet Tribal Court, may request the tribal court to determine the obligor's ability to pay past-due support. After notice and an opportunity for hearing, the tribal court may make a finding of money due and render judgment in that amount.
5.
Hearing.
An obligor may request a hearing in the Penobscot Nation Tribal Court or the Maliseet Tribal Court upon service of the notice described in subsection 2. The request for hearing must be made in writing and must be received by the Penobscot Nation Tribal Court or the Maliseet Tribal Court within 20 days of service. The issues that may be determined at hearing are whether the obligor is required to pay support under an order of support and whether the obligor is in compliance with an order of support.
6.
Order.
The Penobscot Nation Tribal Court or the Maliseet Tribal Court shall issue an order after hearing without undue delay as to whether the obligor is in compliance with the obligor's order of support. The order must be based on the hearing record. The Penobscot Nation Tribal Court or the Maliseet Tribal Court shall send an attested copy of the order to the obligor by regular mail to the obligor's most recent address of record.
7.
Stay.
If an obligor timely requests a hearing to contest the issue of compliance, the Penobscot Nation or the Houlton Band of Maliseet Indians may not certify the name of the obligor to a board for noncompliance with an order of support until the Penobscot Nation Tribal Court or the Maliseet Tribal Court issues an order after hearing that finds the obligor is not in compliance with an order of support.
8.
Certification of noncompliance.
The Penobscot Nation or the Houlton Band of Maliseet Indians may certify in writing to the appropriate board that a support obligor is not in compliance with an order of support if:
9.
Notice from board.
A board shall notify an obligor certified by the Penobscot Nation or the Houlton Band of Maliseet Indians under subsection 8, without undue delay, that the obligor's application for the issuance or renewal of a license may not be granted or that the obligor's license has been revoked because the obligor's name has been certified by the Penobscot Nation or the Houlton Band of Maliseet Indians as a support obligor who is not in compliance with an order of support. The notice constitutes final agency action for the purposes of judicial review under Title 5, chapter 375, subchapter 7. Notwithstanding Title 5, section 11006, the Superior Court may supplement the record, including records of any proceedings before the Penobscot Nation or the Houlton Band of Maliseet Indians that resulted in the certification under subsection 8.
10.
Written confirmation of compliance.
When an obligor who is served notice under subsection 2 subsequently complies with the official order of support, the Penobscot Nation or the Houlton Band of Maliseet Indians shall provide the obligor with written confirmation that the obligor is in compliance with the order of support.
11.
Agreements.
The Penobscot Nation or the Houlton Band of Maliseet Indians and the various boards may enter into agreements that are necessary to carry out the requirements of this section.
12.
Motion to modify order of support; stay.
This section does not prohibit a support obligor from filing a motion to modify support with the Penobscot Nation Tribal Court or the Maliseet Tribal Court.
13.
Reporting.
As soon as economically feasible and at least annually, all boards subject to this section and the Department of Professional and Financial Regulation, Division of Administrative Services shall provide to the Penobscot Nation and the Houlton Band of Maliseet Indians specified information in machine-readable or electronic form, according to standards established by the Penobscot Nation and the Houlton Band of Maliseet Indians, about applicants for licensure and all current licensees. The Department of Professional and Financial Regulation, Office of Securities shall provide the specified information for only those current licensees who are residents of this State. The information to be provided must include all of the following information about the licensee:
14.
Commissioner of Inland Fisheries and Wildlife report.
The Commissioner of Inland Fisheries and Wildlife shall provide annually to the Penobscot Nation and the Houlton Band of Maliseet Indians in machine-readable or electronic form watercraft, snowmobile and all-terrain vehicle registration information concerning obligors who are residents of this State. The information to be provided must include all of the following information about the registrant:
15.
Subsequent reissuance, renewal or other extension of license or certificate.
A board may reissue, renew or otherwise extend the license or certificate of authority of the obligor in accordance with the board's rules after the board receives a copy of the written confirmation of compliance specified in subsection 10. A board may waive any applicable requirement for reissuance, renewal or other extension if it determines that the imposition of that requirement places an undue burden on the obligor and that waiver of the requirement is consistent with the public interest.