1.Informal hearing.
When the staff of the board proposes that the board take action on a possible violation, the board shall notify the alleged violator before discussing the alleged violation. The alleged violator may choose to address the board and may also choose to be represented by legal counsel. This requirement does not constitute and is not subject to the same procedures as an adjudicatory hearing under the Maine Administrative Procedure Act.
2.Civil violations.
The following violations are civil violations.
2-A.
Criminal violation.
A person may not intentionally or knowingly violate this subchapter or Title 22, chapter 258‑A, a rule adopted under this subchapter or Title 22, chapter 258‑A or a restriction of a registration issued pursuant to this subchapter. A person who violate
Free access — add to your briefcase to read the full text and ask questions with AI
1.
Informal hearing.
When the staff of the board proposes that the board take action on a possible violation, the board shall notify the alleged violator before discussing the alleged violation. The alleged violator may choose to address the board and may also choose to be represented by legal counsel. This requirement does not constitute and is not subject to the same procedures as an adjudicatory hearing under the Maine Administrative Procedure Act.
2.
Civil violations.
The following violations are civil violations.
2-A.
Criminal violation.
A person may not intentionally or knowingly violate this subchapter or Title 22, chapter 258‑A, a rule adopted under this subchapter or Title 22, chapter 258‑A or a restriction of a registration issued pursuant to this subchapter. A person who violates this subsection commits a Class E crime. Notwithstanding Title 17‑A, section 1604, subsection 1 and sections 1704 and 1705, the court may impose a sentencing alternative of a fine of not more than $7,500 or a term of imprisonment of not more than 30 days, or both, for each violation. Prosecution under this subsection is by summons and not by warrant. A prosecution under this subsection is separate from an action brought pursuant to subsection 2.
3.
Continuation.
Each day that the violation continues is considered a separate offense.
4.
Exceptions.
5.
Criminal violations.
6.
Other relief.
Notwithstanding Title 22, section 1471‑D, subsections 6 to 8 and in addition to other sanctions provided under this section, the court may order that a violator obtain recertification credits through board-approved meetings or courses as a condition of retaining, maintaining or renewing a certification or license required under Title 22, chapter 258-A.
7.
Considerations.
In setting a penalty under this section, the court shall consider, without limitation:
8.
Injunction.
The board may bring an action to enjoin the violation or threatened violation of any provision of this subchapter or any rule made pursuant to this subchapter in a court of competent jurisdiction of the district in which the violation occurs or is about to occur.
9.
No damages from administrative action if probable cause exists.
A court may not allow the recovery of damages from administrative action taken, or for a stop sale, use or removal order, if the court finds that there was probable cause for the administrative action.
10.
Sunset.
PL 1989, c. 841, §3 (NEW). PL 1991, c. 829, §1 (AMD). PL 2003, c. 452, §§B6-8 (AMD). PL 2003, c. 452, §X2 (AFF). PL 2005, c. 620, §16 (AMD). PL 2011, c. 510, §1 (AMD). PL 2019, c. 113, Pt. C, §1 (AMD). PL 2025, c. 292, §§1, 2 (AMD).