§ 32 §11013-A — Exception for certain pretrial diversion programs for issuers of worthless checks operated by private entities

Maine § 32 §11013-A

• Jurisdiction: Maine
• Title 32: PROFESSIONS AND OCCUPATIONS
• Ch. 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT

Text

1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Pretrial diversion program for issuers of worthless checks.
If a state or district attorney wants to be excluded from consideration as a debt collector as provided in section 11003, subsection 9, that state or district attorney shall establish, within the jurisdiction of that state or district attorney and with respect to alleged worthless check violations that do not involve a check described in subsection 4, a pretrial diversion program for issuers of worthless checks who agree to participate voluntarily in that program to avoid criminal prosecution.
3.
Conditions for exception.
A private entity operating a pretrial diversion program for issuers of worthless checks that meets the following requirements is excluded from being considered a debt collector.
4.
Certain checks excluded.
A check described in this subsection is not considered a worthless check eligible for the pretrial diversion program for issuers of worthless checks described in subsection 2 if the check involves or is subsequently found to involve:
5.
Registration.
Notwithstanding the exemptions in subsections 3 and 4, a private entity that operates a pretrial diversion program for issuers of worthless checks pursuant to this section shall register with the administrator on forms acceptable to the administrator and in a manner consistent with section 11031, subsection 2. Before granting a registration pursuant to this subsection, the administrator shall:
6.
Enforcement.
To ensure compliance with this section, the administrator may receive and act on complaints in accordance with Title 9‑A, section 6‑104, conduct compliance examinations pursuant to Title 9‑A, section 6‑106 and exercise regulatory and remedial authority pursuant to Title 9‑A, Article 6.

Legislative History

PL 2009, c. 99, §4 (NEW).