Maine § 28-B §802-A Administrative or monetary penalties; appeals

Maine Statutes

§ 28-B §802-A — Administrative or monetary penalties; appeals

Maine·Title 28-B CANNABIS·Ch. 1 CANNABIS LEGALIZATION ACT

1.Penalties. The office, in accordance with this section, on its own initiative or on complaint and after investigation, notification and the opportunity for a public hearing, may, by written order:

2.License violation types. The following license violation types are established.

3.Monetary penalties. The office may impose monetary penalties for a license violation of this chapter as follows:

4.Notification of violation. If, after an inspection or investigation by the office or a criminal justice agency, the office identifies a violation of this chapter or the rules adopted pursuant to this chapter, the office shall, within 5 business days of identifying the violation, provide written notification of the violation to the licensee. The licensee, within 5 days of receiving notification,

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1.
Penalties.
The office, in accordance with this section, on its own initiative or on complaint and after investigation, notification and the opportunity for a public hearing, may, by written order:
2.
License violation types.
The following license violation types are established.
3.
Monetary penalties.
The office may impose monetary penalties for a license violation of this chapter as follows:
4.
Notification of violation.
If, after an inspection or investigation by the office or a criminal justice agency, the office identifies a violation of this chapter or the rules adopted pursuant to this chapter, the office shall, within 5 business days of identifying the violation, provide written notification of the violation to the licensee. The licensee, within 5 days of receiving notification, shall provide the office with a plan of correction, if applicable, for the identified violation, including a time frame for correction. If, after a follow-up inspection, the office decides to impose a monetary penalty on the licensee, the office shall notify the licensee of the monetary penalty in a timely manner after the follow-up inspection. Notice under this subsection does not constitute final agency action.
5.
Suspension.
The office may suspend a license in accordance with this subsection.
6.
Revocation.
The office may revoke a license in accordance with this subsection.
7.
Maine Administrative Procedure Act; final agency action; appeals.
Except as otherwise provided in this chapter or in the rules adopted pursuant to this chapter, the imposition of a monetary penalty, suspension or revocation on a licensee by the office, including, but not limited to, the provision of notice and the conduct of hearings, is governed by the Maine Administrative Procedure Act. A final order of the office imposing a monetary penalty on a licensee or suspension or revocation of a license is a final agency action, as defined in Title 5, section 8002, subsection 4, and the licensee may appeal that final order to the Superior Court in accordance with Rule 80C of the Maine Rules of Civil Procedure.

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