§ 32 §10015 — Investigation; refusal of license or renewal; disciplinary action

1.
Complaints; investigations.
The board shall investigate or cause to be investigated a complaint made on its own motion or on written complaint filed with the board and all cases of noncompliance with or violation of this chapter or of any rules adopted by the board.
2.
Grounds for disciplinary action.
The following are grounds for an action to modify, reclassify, suspend, revoke or refuse to issue or renew a certificate or impose a civil penalty:
2-A.
Disciplinary action authority.
For each violation of applicable laws, rules or conditions of certification, the board may take one or more of the following actions:
2-B.
Consent agreements.
The board may execute a consent agreement which resolves a complaint or investigation without further proceedings. Consent agreements may be entered into only with the consent of the applicant, the board and the Department of the Attorney General. Any remedy, penalty or fine that is otherwise available by law, even if in the District Court, may be achieved by consent agreement, including long-term suspension and permanent revocation of a certificate. A consent agreement is not subject to review or appeal and may be modified only by a writing executed by all parties to the original consent agreement. A consent agreement is enforceable by an action in Superior Court.
2-C.
Surrender of certificate.
The board may require surrender of certificates. In order for a certified person's surrender of a certificate to be effective, a surrender must first be accepted by vote of the board. The board may refuse to accept surrender of the certificate if the certified person is under investigation or is the subject of a pending complaint or proceeding unless a consent agreement is first entered into pursuant to this chapter.
3.
Criminal penalty.
Any person who violates a provision of this chapter or any lawful order or rule adopted by the board is guilty of a Class E crime.
4.
Injunction.
The State may bring an action in Superior Court to enjoin any person from violating this chapter, regardless of whether proceedings have been or may be instituted in the District Court or whether criminal proceedings have been or may be instituted.
5.
Reinstatement.
An application for reinstatement may be made to the board one year from the date of revocation of a certificate. The board may accept or reject the application and hold a hearing to consider the reinstatement.
6.
Limitation of actions.
An action by the board against a certified person for any violation of this chapter relating to a tank or equipment installed on or after September 16, 1991 must be commenced within 3 years after the violation is discovered, but the action may not be commenced more than 15 years after installation of the storage tank or equipment that is the subject of the violation.
The jurisdiction to suspend or revoke certificates conferred by this section is concurrent with that of the Superior Court. Civil penalties accrue to the Maine Ground and Surface Waters Clean-up and Response Fund. Any nonconsensual action under subsection 2‑A taken under authority of this section may be imposed only after a hearing conforming to the requirements of Title 5, chapter 375, subchapter 4, and is subject to judicial review exclusively in the Superior Court in accordance with Title 5, chapter 375, subchapter 7, notwithstanding any other provision of law.

Legislative History

PL 1985, c. 496, §A2 (NEW). PL 1987, c. 410, §17 (AMD). PL 1989, c. 312, §15 (AMD). PL 1989, c. 845, §§12-14 (AMD). PL 1997, c. 364, §16 (AMD). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 1999, c. 714, §1 (AMD). PL 2001, c. 231, §16 (AMD). PL 2005, c. 330, §2 (AMD). PL 2007, c. 292, §11 (AMD). PL 2015, c. 319, §5 (AMD).