Maine § 22 §1558 Revocation or suspension procedure

Maine Statutes

§ 22 §1558 — Revocation or suspension procedure

Maine·Title 22 HEALTH AND WELFARE·Part 3 PUBLIC HEALTH·Ch. 262-A RETAIL TOBACCO SALES

1.Violation of law or rule. Upon discovering a violation of state law or rule related to retail tobacco sales, the commissioner or the commissioner's designee shall:

2.Notice and hearing. Except as provided under subsection 7, upon receipt of a signed complaint prepared under subsection 1, paragraph A, notice must be provided and a hearing must be held according to the following procedures.

3.Suspension or revocation decision.

4.Suspension of penalty; case on file. After the hearing, the District Court may:

5.Application of suspension or revocation. A suspension or revocation applies to premises and persons in the following manner.

6.Term of suspension or revocation. Suspensions must be for a definite period of time. If the District Court revokes a license, the court shall specify wh

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1.
Violation of law or rule.
Upon discovering a violation of state law or rule related to retail tobacco sales, the commissioner or the commissioner's designee shall:
2.
Notice and hearing.
Except as provided under subsection 7, upon receipt of a signed complaint prepared under subsection 1, paragraph A, notice must be provided and a hearing must be held according to the following procedures.
3.
Suspension or revocation decision.
4.
Suspension of penalty; case on file.
After the hearing, the District Court may:
5.
Application of suspension or revocation.
A suspension or revocation applies to premises and persons in the following manner.
6.
Term of suspension or revocation.
Suspensions must be for a definite period of time. If the District Court revokes a license, the court shall specify when the department may reinstate a license to the person whose license is revoked.
7.
Warnings.
Upon the written recommendation of the commissioner, or the commissioner's designee, the District Court, instead of notifying a licensee against whom a complaint is pending to appear for hearing, may send the licensee a warning. Warnings must be sent by registered or certified mail and contain a copy of the complaint. A licensee to whom a warning is sent may demand a hearing by notifying the District Court by registered or certified mail within 10 days from the date the warning was mailed.
8.
Fines.
Notwithstanding any other provisions of this Title, the District Court may impose on a licensee or the licensee's agent or employee a fine of a specific sum of not less than $50 nor more than $1,500 for any one offense. The fine is independent of any fine or forfeiture adjudged under subchapter 1 or 2 and may be imposed instead of or in addition to any suspension or revocation of a license.

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Legislative History

PL 1995, c. 470, §9 (NEW). PL 1995, c. 470, §19 (AFF). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2003, c. 689, §B6 (REV). PL 2005, c. 223, §5 (AMD). PL 2009, c. 199, §§5, 6 (AMD). PL 2011, c. 559, Pt. A, §22 (AMD). PL 2011, c. 657, Pt. AA, §60 (AMD). PL 2025, c. 367, §13 (AMD). PL 2025, c. 367, §20 (AFF).