Maine Statute | Act | Code |Title 12. Conservation| US Code - US Statute | Chapter 913. General License And Permit Provisions (heading. Pl 2003, C. 414, Pt. A, @2 (new); Pt. D, @7 (aff); C. 614, @9 (aff))

USA Statutes : maine
Title : Title 12. CONSERVATION
Chapter : Chapter 913. GENERAL LICENSE AND PERMIT PROVISIONS (HEADING. PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

Title 12 - §10751. Application and license specifications

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 913: GENERAL LICENSE AND PERMIT PROVISIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 1: LICENSES AND PERMITS; ELIGIBILITY, ISSUANCE AND REQUIREMENTS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10751. Application and license specifications

1. Form. The commissioner shall furnish application blanks, licenses and permits in such form as the commissioner may designate. [2003, c. 614, §9 (aff); c. 655, Pt. B, §81 (amd); §422 (aff).]

2. Identification number. The commissioner may require an identification number and any other pertinent information on any licenses or permits issued by the department as the commissioner determines necessary. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

3. Statement of right to possess firearms. [2003, c. 614, §9 (aff); c. 655, Pt. B, §82 (rp); §422 (aff).]

4. Stamps. Whenever a license or permit to hunt is in the form of a stamp, the licensee must affix the stamp to the licensee's hunting license and validate it by signing the licensee's name across the face of the stamp. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

5. Preissue. A license or permit may be issued prior to the date upon which it goes into force. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

6. Duplicates. A duplicate license or permit may be obtained by a person who has accidentally lost or destroyed a license or permit issued to that person under this chapter upon payment of a fee of $2, all of which must be retained by the agent. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

7. License must be signed. [2003, c. 614, §9 (aff); c. 655, Pt. B, §83 (rp); §422 (aff).]

8. Transaction fees. The commissioner may charge a transaction fee of up to $12 to cover administrative costs for the issuance of a license or permit that does not have a fee provided by law. When a transfer of a license or permit or exchange of a hunting zone or area is authorized under this Part, the commissioner may assess a $7 transaction fee for that transfer or exchange. The commissioner may adopt rules to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. [2005, c. 12, Pt. III, §3 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §10752. Eligibility

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 913: GENERAL LICENSE AND PERMIT PROVISIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 1: LICENSES AND PERMITS; ELIGIBILITY, ISSUANCE AND REQUIREMENTS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10752. Eligibility

1. Residents. A resident is eligible for a resident license or permit under this Part. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Nonresidents. A nonresident is eligible for a nonresident license or permit under this Part. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

3. Aliens. An alien is eligible for an alien license or permit under this Part. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

4. Member of United States Armed Forces permanently stationed in State. The following persons are eligible for any trapping, fishing, hunting or combination fishing and hunting license or permit at the resident fee and have the same privileges as residents of this State in regard to trapping, hunting and fishing:

A. A person serving in the Armed Forces of the United States who is permanently stationed at a military or naval post, station or base in the State; and [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. The spouse and children of a person under paragraph A if the spouse and children permanently reside with that person. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

A member of the Armed Forces of the United States stationed in the State who desires a trapping, hunting, fishing or combination license or permit shall present certification from the commander of the member's post, station or base, or from the commander's designated agent, that the person is permanently stationed at that post, station or base. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

5. Persons convicted of burglary, criminal trespass or theft. A person convicted of any of the following offenses is ineligible to obtain a license or permit issued by the department:

A. Burglary or criminal trespass of a building located within the unorganized territories; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. Theft of equipment used for trapping, hunting or fishing; or [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. Theft of an animal that has been obtained by trapping or hunting and that was in the possession or control of the person who trapped or hunted the animal. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

If a person is convicted of an offense under paragraph A, B or C, that person is ineligible to obtain a license or permit issued by the department within 2 years of the date of that conviction. [2003, c. 614, §9 (aff); c. 655, Pt. B, §85 (amd); §422 (aff).]

6. License ineligibility following certain offenses. The following provisions set the period of time a person is ineligible to obtain a license following conviction of certain offenses.

A. A person convicted of a violation of section 12256, disturbing traps, is ineligible to obtain any license issued by the department for 3 years from the date of conviction in the case of a first offense and 5 years from the date of conviction in the case of a 2nd or subsequent offense. [2003, c. 614, §9 (aff); c. 655, Pt. B, §85 (amd); §422 (aff).]

B. Notwithstanding any other provision of this Part, a person is ineligible to obtain a hunting license under the following circumstances.

(1) A person convicted of shooting a domestic animal in violation of section 11210 is ineligible to obtain a license to hunt in this State for a period of at least 5 years from the date of conviction.

(2) A person convicted of hunting while under the influence of intoxicating liquor or drugs in violation of section 10701, subsection 1-A is ineligible to obtain a license to hunt in this State for a period of 5 years from the date of conviction.

(3) A person convicted of a violation of Title 17-A, chapter 9, if the offense occurred in the context of a hunting activity and if, through failure of the hunter to make proper target identification, the offense resulted in the injury or death of another person, is ineligible to obtain a license to hunt in this State for a period of at least 10 years from the date of the conviction.
[2003, c. 614, §9 (aff); c. 655, Pt. B, §85 (amd); §422 (aff).]

[2003, c. 614, §9 (aff); c. 655, Pt. B, §85 (amd); §422 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §10753. Proof of residency

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 913: GENERAL LICENSE AND PERMIT PROVISIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 1: LICENSES AND PERMITS; ELIGIBILITY, ISSUANCE AND REQUIREMENTS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10753. Proof of residency

An applicant for a license or permit under this Part is responsible for submitting proof of residency to the agent or the department, or both. A resident license issued to a person unable to meet the residency requirements at the time the license was issued is invalid and must be returned to the commissioner upon request. A resident license is valid as long as the license holder continues to satisfy the residency requirements set out in section 10001, subsection 53 and the license is not revoked, suspended or otherwise invalid under this Part. [2003, c. 614, §9 (aff); c. 655, Pt. B, §86 (amd); §422 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §10754. Trespass reminder (REPEALED)

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 913: GENERAL LICENSE AND PERMIT PROVISIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 1: LICENSES AND PERMITS; ELIGIBILITY, ISSUANCE AND REQUIREMENTS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10754. Trespass reminder (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §10755. Intentional issuance of resident license or permit to nonresident

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 913: GENERAL LICENSE AND PERMIT PROVISIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 1: LICENSES AND PERMITS; ELIGIBILITY, ISSUANCE AND REQUIREMENTS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10755. Intentional issuance of resident license or permit to nonresident

A town clerk or agent may not intentionally issue a resident license or permit to a person who is not a resident. A person who violates this section commits a Class E crime. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §10756. Duty to carry and exhibit license or permit

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 913: GENERAL LICENSE AND PERMIT PROVISIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 1: LICENSES AND PERMITS; ELIGIBILITY, ISSUANCE AND REQUIREMENTS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10756. Duty to carry and exhibit license or permit

A person who holds a license or permit issued under this Part shall, while engaged in the licensed activity or while transporting fish, wild animals or wild birds: [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

1. Carry license or permit. Have on that person that license or permit; and [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Exhibit license or permit. Exhibit that license or permit for inspection upon request to a warden or other law enforcement officer, an employee of the department, a registered Maine guide or the owner of the land on which the licensed activity is taking place. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
div>
A person who violates this section commits a Class E crime. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §10757. Fraudulently obtaining license or permit

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 913: GENERAL LICENSE AND PERMIT PROVISIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 1: LICENSES AND PERMITS; ELIGIBILITY, ISSUANCE AND REQUIREMENTS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10757. Fraudulently obtaining license or permit

A person may not obtain a license or permit authorized in this Part through fraud, misstatement or misrepresentation. A person who violates this section commits a Class E crime. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §10758. Possession of altered license or permit

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 913: GENERAL LICENSE AND PERMIT PROVISIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 1: LICENSES AND PERMITS; ELIGIBILITY, ISSUANCE AND REQUIREMENTS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10758. Possession of altered license or permit

A person may not possess a license or permit issued under this Part that has been altered, tampered with or mutilated in any manner. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).] div>
A person who violates this section commits a Class E crime. [2003, c. 655, Pt. B, §88 (new); §422 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §10759. Expiration

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 913: GENERAL LICENSE AND PERMIT PROVISIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 1: LICENSES AND PERMITS; ELIGIBILITY, ISSUANCE AND REQUIREMENTS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10759. Expiration

All licenses and permits issued under this chapter expire at midnight on December 31st of the calendar year for which the license or permit was issued, unless specifically provided for otherwise. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §10801. Establishment of agents

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 913: GENERAL LICENSE AND PERMIT PROVISIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 2: ESTABLISHMENT OF AGENTS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10801. Establishment of agents

1. Appointment. The commissioner may appoint clerks of towns, the State Tax Assessor or such other agents as the commissioner considers necessary to issue licenses and permits. The commissioner shall determine the period during which the agents perform their duties. In the case of services performed for the commissioner by the State Tax Assessor, the provisions of this chapter regarding agents' fees do not apply. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Agents for purpose of selling licenses. The commissioner shall adopt rules that establish the criteria for selecting agents to sell licenses and permits. Rules adopted under this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

3. Reporting and payment requirements. The commissioner shall adopt rules establishing the reporting requirements for agents and the procedure for payment of all funds collected for the reporting period. If these rules include a requirement that agents must report more frequently than once a month, the commissioner is responsible for all costs associated with the additional reporting requirement, including mailing costs. Rules adopted under this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

4. Deposit. The commissioner shall deposit funds collected by agents from the sale of licenses and permits in the State Treasury as undedicated revenue to the General Fund. [2003, c. 614, §9 (aff); c. 655, Pt. B, §89 (amd); §422 (aff).]

5. Purposes. All funds derived from the sale of licenses or permits under this Part must be used for the following purposes only:

A. The administration of the department; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. The protection, propagation, preservation, promotion and investigation of fish and wildlife; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. Conservation education; and [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

D. Other expenses incident to the administration of the functions set out in this subsection. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

6. Delinquent agents. An agent is delinquent if that agent fails to forward to the commissioner funds collected by that agent by the date established in rules adopted under subsection 3. Failure to remit the funds as provided in this section results in the following sanctions, in addition to any others provided by law.

A. The commissioner shall charge interest on the amount owed at the rate of 18% a year for each day the agent is delinquent. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. If the agent has not paid the amount owed by the 60th day after the agent becomes delinquent, the commissioner shall assess a surcharge of 5% of the principal amount owed. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. If an agent is delinquent for more than 150 days or is delinquent 3 or more times in one calendar year, the commissioner shall:

(1) Terminate the agency for the balance of the year; and

(2) Order that the agency not be renewed for the next year.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

7. Exception. This section does not apply to the State Tax Assessor with respect to services performed for the commissioner. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §10802. Rule violations; agent

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 913: GENERAL LICENSE AND PERMIT PROVISIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 2: ESTABLISHMENT OF AGENTS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10802. Rule violations; agent

The following penalties apply to violations of rules regulating hunting and fishing agents. [2003, c. 614, §9 (aff); c. 655, Pt. B, §90 (rpr); §422 (aff).]

1. Civil violation. Notwithstanding section 10650, a person who violates a rule regulating hunting and fishing agents commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged. [2003, c. 655, Pt. B, §90 (new); §422 (aff).]

2. Crime. A person who violates a rule regulating hunting and fishing agents after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime. [2003, c. 655, Pt. B, §90 (new); §422 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §10803. Agent fee cap

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 913: GENERAL LICENSE AND PERMIT PROVISIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 2: ESTABLISHMENT OF AGENTS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10803. Agent fee cap

A clerk or agent appointed by the commissioner under section 10801 to issue licenses or permits may charge agent fees as provided in this Part up to a maximum of $6 during a single transaction. For purposes of this section, "transaction" means a single event in which one or more licenses or permits are issued to a person in that person's name. [2003, c. 655, Pt. B, §91 (new); §422 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §10851. Resident lifetime licenses (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 913: GENERAL LICENSE AND PERMIT PROVISIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 3: LIFETIME, COMPLIMENTARY AND REDUCED-RATE LICENSES (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10851. Resident lifetime licenses (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. Infants and seniors. The following resident lifetime licenses may be purchased:

A. For a resident who is less than 6 years of age:

(1) An infant resident lifetime fishing license. The fee for an infant resident lifetime fishing license is $150;

(2) An infant resident lifetime hunting license. The fee for an infant resident lifetime hunting license is $150;

(3) An infant resident lifetime archery hunting license. The fee for an infant resident lifetime archery hunting license is $150;

(3-A) An infant resident lifetime trapping license. The fee for an infant resident lifetime trapping license is $150;

(4) An infant resident combination of any 2 lifetime licenses. The fee for an infant resident combination of any 2 lifetime licenses is $250; and

(5) An infant resident combination of any 3 lifetime licenses. The fee for an infant resident combination of any 3 lifetime licenses is $400;
[2003, c. 614, §9 (aff); c. 655, Pt. B, §92 (amd); §422 (aff).]

B. For a resident from 6 to 15 years of age:

(1) A junior resident lifetime fishing license. The fee for a junior resident lifetime fishing license is $300;

(2) A junior resident lifetime hunting license. The fee for a junior resident lifetime hunting license is $300;

(3) A junior resident lifetime archery hunting license. The fee for a junior resident lifetime archery hunting license is $300;

(3-A) A junior resident lifetime trapping license. The fee for a junior resident lifetime trapping license is $300;

(4) A junior resident combination of any 2 lifetime licenses. The fee for a junior resident combination of any 2 lifetime licenses is $500; and

(5) A junior resident combination of any 3 lifetime licenses. The fee for a junior resident combination of any 3 lifetime licenses is $800;
[2003, c. 614, §9 (aff); c. 655, Pt. B, §92 (amd); §422 (aff).]

C. For a resident from 65 to 69 years of age:

(1) A senior resident lifetime fishing license. The fee for a senior resident lifetime fishing license is $50 for a person who purchases the license in the year in which that person turns 65 years of age, $40 for a person who purchases the license in the year in which that person turns 66 years of age, $30 for a person who purchases the license in the year in which that person turns 67 years of age, $20 for a person who purchases the license in the year in which that person turns 68 years of age and $10 for a person who purchases the license in the year in which that person turns 69 years of age;

(2) A senior resident lifetime hunting license. The fee for a senior resident lifetime hunting license is $50 for a person who purchases the license in the year in which that person turns 65 years of age, $40 for a person who purchases the license in the year in which that person turns 66 years of age, $30 for a person who purchases the license in the year in which that person turns 67 years of age, $20 for a person who purchases the license in the year in which that person turns 68 years of age and $10 for a person who purchases the license in the year in which that person turns 69 years of age;

(3) A senior resident lifetime archery hunting license. The fee for a senior resident lifetime archery hunting license is $50 for a person who purchases the license in the year in which that person turns 65 years of age, $40 for a person who purchases the license in the year in which that person turns 66 years of age, $30 for a person who purchases the license in the year in which that person turns 67 years of age, $20 for a person who purchases the license in the year in which that person turns 68 years of age and $10 for a person who purchases the license in the year in which that person turns 69 years of age;

(3-A) A senior resident lifetime trapping license. The fee for a senior resident lifetime trapping license is $50 for a person who purchases the license in the year in which that person turns 65 years of age, $40 for a person who purchases the license in the year in which that person turns 66 years of age, $30 for a person who purchases the license in the year in which that person turns 67 years of age, $20 for a person who purchases the license in the year in which that person turns 68 years of age and $10 for a person who purchases the license in the year in which that person turns 69 years of age;

(4) A senior resident combination of any 2 lifetime licenses. The fee for a senior resident combination of any 2 lifetime licenses is $80 for a person who purchases the license in the year in which that person turns 65 years of age, $64 for a person who purchases the license in the year in which that person turns 66 years of age, $48 for a person who purchases the license in the year in which that person turns 67 years of age, $32 for a person who purchases the license in the year in which that person turns 68 years of age and $16 for a person who purchases the license in the year in which that person turns 69 years of age; and

(5) A senior resident combination of any 3 lifetime licenses. The fee for a senior resident combination of any 3 lifetime licenses is $110 for a person who purchases the license in the year in which that person turns 65 years of age, $94 for a person who purchases the license in the year in which that person turns 66 years of age, $78 for a person who purchases the license in the year in which that person turns 67 years of age, $52 for a person who purchases the license in the year in which that person turns 68 years of age and $26 for a person who purchases the license in the year in which that person turns 69 years of age; and
[2003, c. 614, §9 (aff); c. 655, Pt. B, §92 (amd); §422 (aff).]

D. For a resident 70 years of age or older. A person who holds a valid senior lifetime license under this section upon turning 70 years of age may obtain at no cost a hunting license, fishing license, trapping license, archery license under section 11109, subsection 7, a pheasant hunting permit under section 11156, a muzzle-loading hunting license under section 11109, subsection 4, a migratory waterfowl permit under section 11157 and a bear hunting permit under section 11151 and may renew at no cost a guide license under section 12853. A person who is 70 years of age or older may purchase a senior lifetime license that entitles the holder to all the privileges described in this paragraph for a one-time $8 fee. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 614, §9 (aff); c. 655, Pt. B, §92 (amd); §422 (aff).]
div>
A person must be a resident to purchase a resident lifetime license under this section. Once purchased, a resident lifetime license is valid for the life of the holder without regard to subsequent changes in the legal residence of the holder. The license entitles the holder to all fishing or hunting privileges extended to residents of that same age who hold the equivalent annual license and subjects the holder to all limitations and prerequisites on those fishing or hunting privileges that apply to residents of that same age who hold the equivalent annual license. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).] div>
(TEXT EFFECTIVE UNTIL 7110) Notwithstanding any other provision of this section, if the commissioner determines that the sale of lifetime licenses for persons 65 years of age or older will result in a loss of license revenue to the department in any fiscal year, the commissioner shall withhold from deposit to the fund established in section 10251 an amount necessary to avoid that loss in revenue. Money withheld under this paragraph may be withheld only from revenue from the sale of lifetime licenses to persons 65 years of age or older. This paragraph is repealed on July 1, 2010. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff); T. 12, §10851, last paragraph (rp).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §10852. Lifetime privileges to be honored

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 913: GENERAL LICENSE AND PERMIT PROVISIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 3: LIFETIME, COMPLIMENTARY AND REDUCED-RATE LICENSES (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10852. Lifetime privileges to be honored

A lifetime license issued under this subchapter is valid for the life of the license holder unless lawfully suspended or revoked by the commissioner for a violation of fish and wildlife laws under this Part. The Legislature may not otherwise act in any way to limit or end the right of a person holding a lifetime license to the lifetime enjoyment of all the rights and privileges authorized by that license. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §10853. Complimentary and reduced-rate licenses (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 913: GENERAL LICENSE AND PERMIT PROVISIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 3: LIFETIME, COMPLIMENTARY AND REDUCED-RATE LICENSES (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10853. Complimentary and reduced-rate licenses (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. Residents over 70 years of age. A complimentary license to hunt, trap or fish, including an archery license under section 11109, subsection 7, a pheasant hunting permit under section 11156, a muzzle-loading hunting license under section 11109, subsection 4, a migratory waterfowl permit under section 11157 and a bear hunting permit under section 11151 must be issued to a resident who is 70 years of age or older upon application to the commissioner.

A. A resident who applies for a complimentary license under this section at any time during the calendar year of that resident's 70th birthday must be issued a license upon application, regardless of the actual date during that calendar year in which that resident attains 70 years of age. A guide license may be renewed without charge for a resident who is 70 years of age or older upon application to the commissioner. The application must be accompanied by a birth certificate or other certified evidence of the applicant's date of birth and residency. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. Beginning January 1, 2006, the department may not issue a complimentary license to a resident over 70 years of age. A complimentary license issued to a resident over 70 years of age prior to January 1, 2006 is valid as long as the license holder satisfies the residency requirements set out in section 10001, subsection 53. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. A complimentary license issued under this subsection remains valid for the remainder of the life of the license holder, as long as the license holder continues to satisfy the residency requirements set out in section 10001, subsection 53 and the license is not revoked or suspended. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

1-A. Residents 100 years of age or older. A complimentary antlerless deer permit under section 11152 may be issued to a resident of the State who is 100 years of age or older upon application to the commissioner.

A. A resident who applies for a complimentary antlerless deer permit under this subsection at any time during the calendar year of that resident's 100th birthday may be issued the permit regardless of the actual date during that calendar year in which that resident attains 100 years of age. The application must be accompanied by a birth certificate or other certified evidence of the applicant's date of birth and proof of residency. [2005, c. 75, §1 (new).]

B. A complimentary antlerless deer permit issued under this subsection remains valid for the remainder of the life of the permit holder, as long as the permit holder continues to satisfy the residency requirements set out in section 10001, subsection 53 and the permit is not revoked or suspended. [2005, c. 75, §1 (new).]

[2005, c. 75, §1 (new).]

2. Blind residents. A complimentary license to fish must be issued to a resident who is 16 years of age or older and blind and applies to the commissioner for the fishing license. This complimentary license remains valid for the life of the license holder if the license holder continues to satisfy the residency requirements in section 10001, subsection 53 and the license is not revoked or suspended. The application must be accompanied by certified evidence that the applicant is permanently blind. For the purpose of this subsection, "blind" means having visual acuity for distance vision of 20200 if the widest diameter of field of vision subtends an angle no greater than 20 degrees. [2003, c. 614, §9 (aff); c. 655, Pt. B, §93 (amd); §422 (aff).]

3. Paraplegics. The commissioner may issue, upon application, complimentary resident hunting and fishing licenses to a resident who has lost, or who has permanently lost the use of, both lower extremities. A license issued under this subsection remains valid for the life of the license holder if the license holder continues to satisfy the residency requirements in section 10001, subsection 53 and the license is not revoked or suspended. The commissioner may issue, upon application, complimentary nonresident hunting and fishing licenses to a person from another state who would qualify under this subsection as long as the state where the person resides provides a reciprocal privilege for residents of this State. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

4. Resident disabled veteran. A resident disabled veteran may apply to the commissioner for one or more of the following complimentary permits and licenses: a license to hunt with a firearm, a license to trap, a license to fish, archery hunting licenses as provided in section 11109, subsection 7, a pheasant hunting permit as provided in section 11156 and a muzzle-loading hunting license as provided in section 11109, subsection 4. The commissioner shall issue the permit, license or licenses requested under this subsection if the commissioner determines the applicant is a resident disabled veteran and is not otherwise ineligible to hold that permit or license. For the purposes of this subsection, "resident disabled veteran" means a person who:

A. Is a resident as defined in section 10001, subsection 53; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. Is a veteran as defined in Title 37-B, section 505, subsection 2, paragraph A, subparagraph (3); and [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. Has a service-connected disability evaluated at:

(1) One hundred percent; or

(2) Seventy percent or more as a result of honorable military service and who has served in a combat zone during any armed conflict in which participants were exposed to war risk hazards as defined in 42 United States Code, Section 1711 (b).
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

Each application must be accompanied by satisfactory evidence that the applicant meets the requirements of this subsection. A permit or license issued under this subsection remains valid for the life of the permit or license holder, as long as the permit or license holder continues to satisfy the residency requirement in section 10001, subsection 53 and the permit or license is not revoked or suspended. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

5. Holders of Congressional Medal of Honor. Upon application, the Governor may grant 2-year complimentary hunting and fishing licenses to holders of the Congressional Medal of Honor. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

6. Members of Armed Forces domiciled in State. A member of the Armed Forces of the United States on active duty who is permanently stationed outside of the State may be issued a combination fishing and hunting license for an amount equal to the administrative costs associated with issuing the license as determined by the department. Administrative costs do not include agent fees. To qualify, the member of the Armed Forces of the United States must show proof that that member's home of record, as recorded in that person's service records, is Maine. That person may purchase all other licenses or permits at resident fees. The license is valid during the year of issue. That person's spouse and children may purchase hunting and fishing licenses at reduced rates. The reduced fees are as follows:

A. Twenty dollars, plus the issuing fee for a combination fishing and hunting license; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. Ten dollars, plus the issuing fee for a hunting license; and [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. Ten dollars, plus the issuing fee for a fishing license. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

7. Patients and inmates in certain state institutions. The commissioner may issue free fishing permits covering:

A. Clients of the Department of Health and Human Services who reside in licensed facilities for persons with mental retardation or licensed facilities for the treatment of mental illness; [2005, c. 397, Pt. C, §10 (rpr).]

B. Groups of full-time patients at a nursing home, as defined in Title 22, section 1812-A; and [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. Groups of full-time residents of a facility licensed under Title 22, chapter 1663. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2005, c. 397, Pt. C, §10 (amd).]

8. Native American. The commissioner shall issue a hunting, trapping and fishing license to any Native American, 10 years of age or older, of the Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of Maliseet Indians or the Aroostook Band of Micmacs without any charge or fee if the Native American presents a certificate from the respective reservation governor, the Aroostook Micmac Council or "Wesget-Sipu" stating that the person described is a Native American and a member of that nation, band or tribe. Holders of these licenses are subject to this Part. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

9. Foreign exchange students. A resident license to hunt or fish must be issued, at a fee equal to the resident license fee for a person of like age and status, to any citizen of a foreign nation under 21 years of age who is domiciled with a family within the State pursuant to any cultural or educational exchange program conducted by any governmental, educational, cultural or religious organization. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

10. Persons with mental retardation. A complimentary license to fish must be issued to any person with mental retardation, as defined in Title 34-B, section 5001, subsection 3, upon application to the commissioner. The application must be accompanied by certified evidence that the applicant meets the defined condition. This complimentary license remains effective for the life of the license holder, if the license is not revoked or suspended. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

11. Permits to accommodate permanent physical disabilities. The commissioner may issue a special permit to a person with a permanent physical disability that includes special authorization that allows that person to hunt, trap or fish at times or in a manner otherwise prohibited by this Part in order to enhance access to hunting, trapping and fishing opportunities. No laws or rules may be waived except as are necessary to effect this subsection. A permit may be issued under this subsection only if:

A. The applicant provides the commissioner with a letter signed by a licensed physician clearly stating the nature of that person's disability, the permanence of the disability and the extent to which the disability affects that person's ambulatory ability or endurance; use of one or both hands, arms or legs; or sight or hearing; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. The commissioner determines that the permanent physical disability prevents that person from safely accessing hunting, trapping or fishing opportunities at the times or in the manner allowed by this Part or by rules adopted pursuant to this Part; and [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. The person meets all other requirements for issuance of that permit and related licensing requirements and is not otherwise ineligible for that permit. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

Prior to making a determination of eligibility under this subsection, the commissioner or the commissioner's agent shall meet with the applicant in person at a location chosen by the commissioner to discuss the applicant's needs. Each applicant's disability and needs must be reviewed in consultation with the disabled hunter, trapper and angler advisory committee established in section 10152 and a determination made regarding the special authorization that may be made to enhance the applicant's access to fishing, hunting and trapping opportunities. A permit issued under this subsection must be signed by the commissioner and include a clear and specific description of the activities authorized by that permit. The disabled person shall carry the permit whenever that person is hunting, trapping or fishing, and the permit must be presented to a game warden or other law enforcement officer upon request. No laws or rules may be waived except as are necessary to effect this subsection. The commissioner may authorize only the minimum special exceptions necessary to overcome the applicant's disability and allow that applicant to safely hunt, trap or fish. This does not authorize the commissioner to issue special exceptions that endanger public safety. A permit issued under this subsection does not authorize a person to exceed the allowable bag or size limits for any fish or wildlife species; to fish for or take a fish or wildlife species for which a license is not otherwise issued; to fish for, trap or hunt a fish or wildlife species more than 7 days before the opening or more than 7 days after the closing of the regular open season for that species; or to fish, trap or hunt in any area permanently closed to those activities by state law or rule. [2003, c. 614, §9 (aff); c. 655, Pt. B, §93 (amd); §422 (aff).]

12. Persons with acquired brain injury. A complimentary license to fish must be issued to any person with a head injury, as defined by Title 22, section 3086, upon application to the commissioner. This complimentary license remains effective for the life of the license holder if the license is not revoked or suspended. [2003, c. 655, Pt. B, §93 (new); §422 (aff).]

13. (TEXT EFFECTIVE UNTIL 6302010) Certain veterans. The commissioner shall enter into a memorandum of agreement with the Department of Defense, Veterans and Emergency Management for the issuance of a free resident hunting license and a free resident fishing license to each veteran determined by the Department of Defense, Veterans and Emergency Management to meet the criteria established in Title 37-B, section 6 and other criteria for issuance of licenses. Each license is valid for the period described in Title 37-B, section 6. This subsection is repealed June 30, 2010. [2005, c. 268, §2 (new).]

13. (TEXT REPEALED 6302010) Certain veterans. [2005, c. 268, §2 (new); T. 12, §10853, sub-§3 (rp)]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §10901. Compliance; noncompliance

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 913: GENERAL LICENSE AND PERMIT PROVISIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 4: REVOCATION AND SUSPENSION OF LICENSES OR PERMITS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10901. Compliance; noncompliance

1. Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.

A. "Compliance with a support order" means that the support obligor has obtained or maintained health insurance coverage if required by a support order and is:

(1) No more than 60 days in arrears in making any of the following payments:

(a) Payments in full for current support;

(b) Periodic payments on a support arrearage pursuant to a written agreement with the Department of Health and Human Services; and

(c) Periodic payments as set forth in a support order; and

(2) No more than 30 days in arrears in making payments as described in subparagraph (1) if the obligor has been in arrears for more than 30 days in making payments as described in subparagraph (1) at least 2 times within the past 24 months.
[2003, c. 614, §9 (aff); c. 655, Pt. B, §96 (rpr); §422 (aff); c. 689, Pt. B, §6 (rev).]

B. "Support order" means a judgment, decree or order, whether temporary, final or subject to modification, issued by a court or an administrative agency of competent jurisdiction for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and the parent with whom the child is living, that provides for monetary support, health care, arrearages or reimbursement and may include related costs and fees, interest and penalties, income withholding, attorney's fees and other relief. [2003, c. 614, §9 (aff); c. 655, Pt. B, §96 (rpr); §422 (aff).]

[2003, c. 614, §9 (aff); c. 655, Pt. B, §96 (rpr); §422 (aff); c. 689, Pt. B, §6 (rev).]

2. Compliance. In addition to other qualifications for licensure or registration and conditions for continuing eligibility to hold a license as prescribed by the various acts of the department, applicants for licensure or registration, licensees renewing their licenses and existing licensees must also comply with the requirements of Title 19-A, section 2201. [2003, c. 614, §9 (aff); c. 655, Pt. B, §96 (rpr); §422 (aff).]

3. Noncompliance with support order. An applicant for the issuance or renewal of a license or an existing licensee who is not in compliance with a support order is subject to the requirements of Title 19-A, section 2201. [2003, c. 614, §9 (aff); c. 655, Pt. B, §96 (rpr); §422 (aff).]

4. Suspension of license. If a license or registration is suspended pursuant to Title 19-A, section 2201, the suspension remains in effect until the person is in compliance with the support order. On condition of payment of a $25 reinstatement fee to the department, the suspension is rescinded and the license reinstated. [2003, c. 655, Pt. B, §96 (new); §422 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §10902. Suspension or revocation of or refusal to issue license or permit

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 913: GENERAL LICENSE AND PERMIT PROVISIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 4: REVOCATION AND SUSPENSION OF LICENSES OR PERMITS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10902. Suspension or revocation of or refusal to issue license or permit

1. Conviction or adjudication of violation. Any conviction or adjudication for a violation of this Part is grounds for suspension of any license or permit issued under this Part. Except where provided by law, the commissioner shall determine the suspension period. To suspend a license or permit based upon a conviction or adjudication, the commissioner shall follow the procedures under section 10903. A suspension or revocation of a license by the District Court is subject to the provisions of subsection 5. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Refusal to issue license or permit. If a person is convicted or adjudicated of a violation of any provision of this Part and is not the holder of a valid license or permit issued under this Part, the commissioner may refuse to issue a related license or permit to that person for up to 5 years following the date of conviction or adjudication, except when the killing or wounding of a human being has occurred, in which case the commissioner may refuse to issue the license or permit for a period of not less than 5 years. [2003, c. 614, §9 (aff); c. 655, Pt. B, §97 (amd); §422 (aff).]

3. Failure to pay fine. If a license or registration is suspended pursuant to Title 14, section 3142, the suspension remains in effect until the person pays the fine. On condition of payment of a $25 reinstatement fee to the department, the clerk of the court in which the suspension was ordered shall rescind the suspension and notify the department, which, upon receipt of the $25 reinstatement fee, shall delete any record of the suspension from that person's record. For the purposes of this subsection, "fine" has the same meaning as in Title 14, section 3141, subsection 1. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

4. Mandatory revocation of all licenses issued by the department. A person's license must be revoked under the following circumstances.

A. If a person holding a license or permit under this chapter is convicted of the violation of any provision of Title 17-A while on a hunting or fishing trip or in the pursuit of wild animals, wild birds or fish, the commissioner shall revoke the license or permit held by that person for a period of at least one year, except when the killing or wounding of a human being has occurred, in which case the commissioner shall revoke the license or permit for at least 5 years. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. Any license issued by the department in effect at the time a person is convicted of a violation of section 12256, disturbing traps, is revoked upon conviction and must be immediately surrendered to the commissioner. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. If an habitual violator, as defined in section 10605, subsection 1, is convicted or adjudicated of a violation of any provision of this Part, the commissioner shall revoke all licenses and permits held by that person. That person is ineligible to have a license for a period to be determined by the commissioner, which may not be less than 3 years from the date of revocation. A hearing for a person whose licenses and permits have been revoked under this paragraph is governed by the following.

(1) A person whose licenses and permits have been revoked under this paragraph may, within 30 days of the effective date of the revocation, petition for a hearing before the commissioner to show cause why the licenses and permits should not have been revoked.

(2) If, after the hearing, the commissioner finds that the petitioner's record does not bring the petitioner within the definition of an habitual violator, the commissioner shall rescind the revocation. If the commissioner finds that the petitioner's record does bring the petitioner within the definition of an habitual violator, the revocation remains in effect. If the petitioner denies any of the facts contained in the record, the petitioner has the burden of proof.
[2003, c. 614, §9 (aff); c. 655, Pt. B, §98 (amd); §422 (aff).]

[2003, c. 614, §9 (aff); c. 655, Pt. B, §98 (amd); §422 (aff).]

5. Hunting license revocation or suspension for endangerment or harm to another. The commissioner may bring a complaint in the District Court seeking to revoke or suspend the current hunting license or the privilege to obtain a hunting license of any person whom the commissioner reasonably believes to have killed, wounded or recklessly endangered the safety of another human being while hunting. The District Court shall revoke or suspend the person's license or privilege for a period of at least 5 years if the court finds that the person, while hunting, has killed, wounded or recklessly endangered the safety of another human being and the public safety will be endangered by the person's retention of that license or privilege. For the purpose of this subsection, "recklessly" has the same meaning as that set out in Title 17-A, section 35, subsection 3.

A. A person whose hunting license has been revoked or suspended or whose right to hunt or the right to obtain a hunting license has been denied under this subsection, may, after the expiration of one year from the date of the revocation or suspension, petition the commissioner for restoration of the person's privilege to procure such a license. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. The commissioner, after hearing, may restore the petitioner's privilege if the commissioner determines that the public safety will not be endangered by restoring that privilege. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. If the commissioner disallows the petition and thereby refuses to grant the restoration of the privilege, the petitioner may appeal to the commissioner's advisory council, which, after hearing on the petition, may allow it and restore the privilege. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

6. Mandatory hunting license revocation for certain violations. The commissioner shall suspend a person's hunting license for at least one year and may suspend any other license issued under this Part and held by that person if that person is convicted of:

A. A closed season violation, in violation of section 11201 as it relates to bear, deer or moose; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. Hunting while under the influence of intoxicating liquor or drugs, in violation of section 10701; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. Night hunting, in violation of section 11206-A; [2003, c. 614, §9 (aff); c. 655, Pt. B, §99 (amd); §422 (aff).]

D. Discharging a firearm within 100 yards of a residential dwelling without owner permission, in violation of section 11209; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

E. Buying or selling bear, hunting or trapping bear after having killed one or exceeding the bag limit on bear, in violation of section 11217 or 11351; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

F. Buying or selling deer, exceeding the bag limit on deer or hunting deer after having killed one, in violation of section 11217 or 11501; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

G. Buying or selling moose, unlawfully hunting moose or unlawfully possessing moose, in violation of section 11154, 11217, 11601, 11652, 12302-A, 12304-A, 12305 or 12403; or [2003, c. 614, §9 (aff); c. 655, Pt. B, §99 (amd); §422 (aff).]

H. Buying or selling wild turkeys, unlawfully hunting wild turkeys, unlawfully possessing wild turkeys or using unlawful methods to hunt wild turkeys, in violation of section 11217, subsection 1; section 11751-A; section 11801; or section 12306, subsection 1. [2003, c. 614, §9 (aff); c. 655, Pt. B, §99 (amd); §422 (aff).]

[2003, c. 614, §9 (aff); c. 655, Pt. B, §99 (amd); §422 (aff).]

7. Mandatory hunting license revocation; coyote hunting violation. A hunting license of a person convicted of hunting coyote in violation of section 11160 or 12001 must be revoked and that person is ineligible to obtain any hunting license for a period of one year from the date of conviction. [2003, c. 614, §9 (aff); c. 655, Pt. B, §100 (amd); §422 (aff).]

7-A. Hunting with night vision equipment. A hunting license of a person convicted of night hunting in violation of section 11206, subsection 1 and found to have been in possession of night vision equipment at the time of the offense must be revoked, and that person is ineligible to obtain a hunting license for a period of 5 years from the date of conviction. [2003, c. 592, §2 (new); §5 (aff); c. 655, Pt. C, §§5, 6 (aff).]

8. Mandatory revocation of fishing license. The commissioner shall suspend a person's fishing license for at least one year and may suspend any other license issued under this Part and held by that person if that person is convicted or adjudicated of:

A. Introducing fish into inland waters without a permit in violation of section 12509, subsection 2; and sections 12510, 12511 and 12512; [2003, c. 614, §9 (aff); c. 655, Pt. B, §101 (amd); §422 (aff).]

B. Taking or possessing sport fish in violation of bag, weight and size limits in violation of section 12602, as it relates to trout, salmon, togue and black bass, whenever the violation involves twice the general bag and possession limit adopted by rule by the commissioner for that species of fish; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B-1. Possessing fish in violation of section 12611; [2003, c. 655, Pt. B, §102 (new); §422 (aff).]

C. Importing live bait fish or smelts, in violation of section 12556; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

D. Buying or selling freshwater sport fish, in violation of section 12609-A; or [2003, c. 614, §9 (aff); c. 655, Pt. B, §103 (amd); §422 (aff).]

E. Taking fish by explosive, poisonous or stupefying substances, in violation of section 12653. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 614, §9 (aff); c. 655, Pt. B, §§101-103 (amd); §422 (aff).]

9. Suspension for certain ATV violations; training. The commissioner shall suspend all licenses and permits issued by the department pursuant to this Part and may suspend any registration issued pursuant to subpart 6 of this Part to any person convicted or adjudicated of:

A. Operating an ATV on a temporarily closed trail as prohibited under section 13157-A, subsection 24; [2005, c. 397, Pt. E, §3 (amd).]

B. Abuse of another person's property as prohibited under section 13157-A, subsection 22; [2005, c. 397, Pt. E, §3 (amd).]

C. Operating an ATV under the influence under 21 years of age, as prohibited under section 10701, subsection 1-A, paragraph D, subparagraph (3); [RR 2003, c. 2, §19 (cor).]

D. Operating an ATV to endanger, as prohibited under section 13157-A, subsection 11; [2005, c. 397, Pt. E, §3 (amd).]

E. Reckless operation of an ATV, as prohibited under section 13157-A, subsection 10; [2005, c. 397, Pt. E, §3 (amd).]

F. Operating an ATV on the land of another without permission, as prohibited under section 13157-A, subsection 1; or [2005, c. 397, Pt. E, §3 (amd).]

G. Failure or refusal to stop an ATV or attempting to elude an officer, as prohibited under section 10651, subsection 1, paragraphs D and E. [2003, c. 695, Pt. B, §8 (new); Pt. C, §1 (aff).]

The commissioner shall reinstate licenses, permits and registrations that have been suspended pursuant to this subsection only if the person satisfactorily completes, in accordance with procedures established by the commissioner by rule, a training program approved by the department relating to safety and ethics in the operation of ATVs. The costs of this training program are borne by the person undertaking the training. The commissioner shall establish by rule the procedures for completion of mandatory training pursuant to this subsection. A person who satisfactorily completes a training program approved by the department pursuant to this subsection is deemed to have satisfied the outdoor ethics training course requirements established under section 10903. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. [2005, c. 397, Pt. E, §3 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §10903. Effective date for suspensions

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 913: GENERAL LICENSE AND PERMIT PROVISIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 4: REVOCATION AND SUSPENSION OF LICENSES OR PERMITS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10903. Effective date for suspensions

1. For mandatory suspension. For a violation having a minimum statutory suspension period, a suspension is effective upon conviction or adjudication and the license holder must surrender the license immediately to the commissioner. That person is not entitled to a hearing under section 10905 if the suspension period does not exceed the minimum period of suspension required by law. In addition to any suspension period ordered by the commissioner, a person whose license is suspended for a violation having a mandatory suspension must successfully complete an outdoor ethics course conducted or endorsed by the department prior to being eligible to have that license reinstated. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. For all other suspensions. For a violation that does not have a minimum statutory suspension period, a suspension is effective upon written notification of suspension by the commissioner. That person must surrender that license to the commissioner upon receipt of a notice of suspension and is entitled to a hearing under section 10905. The commissioner shall adopt rules specifying the conditions under which a person whose license is suspended for a violation that does not carry a mandatory suspension is required to complete an outdoor ethics course. Rules adopted under this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
div>
Outdoor ethics courses must be scheduled by the Bureau of Warden Service and must be given whenever there are 10 or more persons needing or wanting to take the course. The fee for an outdoor ethics course is $100, payable 10 working days prior to the start of the course. All fees collected under this section are allocated to the Sport Hunter Program established in section 10108, subsection 4, paragraph B. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §10904. Time limit for nonmandatory suspension decision and notice of suspension

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 913: GENERAL LICENSE AND PERMIT PROVISIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 4: REVOCATION AND SUSPENSION OF LICENSES OR PERMITS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10904. Time limit for nonmandatory suspension decision and notice of suspension

A decision by the commissioner to suspend a license of a person convicted or adjudicated of a violation that does not carry a mandatory suspension must be made within 60 days after that conviction. The commissioner shall give written notice of a suspension immediately following the decision to suspend. A notice of suspension must name the license or permit that is suspended and state the effective date and length of the suspension and must inform the person of any applicable hearing provisions under section 10905. [2003, c. 614, §9 (aff); c. 655, Pt. B, §104 (amd); §422 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §10905. Hearings

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 913: GENERAL LICENSE AND PERMIT PROVISIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 4: REVOCATION AND SUSPENSION OF LICENSES OR PERMITS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10905. Hearings

Except as provided in section 10903, subsection 1, a person receiving a notice of suspension under section 10904 may request a hearing on that suspension. A request for a hearing must be in writing and must be made not later than 30 days after receipt of the suspension notice required under section 10903. The commissioner shall notify the person of the date and location of the hearing. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

1. Evidence. A person may present evidence at a hearing concerning the violation that might justify reinstatement of the license or permit or the reduction of the suspension period. If the petitioner denies any of the facts contained in the record, the petitioner has the burden of proof. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Decisions. Decisions of the commissioner must be in writing. Except as provided in subsection 3, the commissioner may reinstate the license or permit or reduce the suspension period if the commissioner finds that the person has not been convicted or adjudicated or that reinstatement of the license or permit or reduction of the suspension period would be in the best interests of justice. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

3. Mandatory suspension period not waived. The commissioner may not waive or reduce a mandatory minimum suspension period established in statute except upon determination by the commissioner that an inappropriate action contributed to or resulted in that suspension. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §10906. Violation of suspended or revoked license or permit

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 913: GENERAL LICENSE AND PERMIT PROVISIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 4: REVOCATION AND SUSPENSION OF LICENSES OR PERMITS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10906. Violation of suspended or revoked license or permit

While a person's license or permit is under suspension or revocation under this Part, that person may not engage in the particular activity permitted by the license or permit that has been suspended or revoked. [2003, c. 614, §9 (aff); c. 655, Pt. B, §105 (amd); §422 (aff).] div>
A person who violates this section commits a Class D crime. [2003, c. 655, Pt. B, §105 (new); §422 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §10907. Obtaining suspended or revoked license or permit

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 913: GENERAL LICENSE AND PERMIT PROVISIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 4: REVOCATION AND SUSPENSION OF LICENSES OR PERMITS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10907. Obtaining suspended or revoked license or permit

A person may not obtain or attempt to obtain any license or permit that has been suspended or revoked by the commissioner under this Part. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).] div>
A person who violates this section commits a Class D crime. [2003, c. 655, Pt. B, §106 (new); §422 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §10908. Guide license revocation

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 913: GENERAL LICENSE AND PERMIT PROVISIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 4: REVOCATION AND SUSPENSION OF LICENSES OR PERMITS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10908. Guide license revocation

1. Conditions for revocation. The commissioner may suspend or revoke a guide license pursuant to this subchapter and Title 5, section 10004. The commissioner may revoke, suspend, refuse to issue or refuse to renew a guide license or the District Court may revoke or suspend a guide license:

A. If the guide fails to meet the standards of competency established pursuant to section 12851; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. If the guide fails to meet the qualifications for a guide license, including, but not limited to, failure to pass a reexamination conducted pursuant to section 12855, subsection 4; or [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. If the guide is found to be incompetent, negligent or neglectful in the conduct of guiding activities, including, but not limited to, entering into a contractual agreement with a client to provide services and then failing, without just cause, to provide the services as agreed. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Mandatory revocation. The commissioner shall revoke for a period of 3 years the guide license of a guide who is convicted of violating a provision of this Part punishable by a mandatory fine of not less than $1,000 and at least 3 days in jail. The commissioner shall provide notice of revocation as provided in section 10904. A person whose license has been revoked under this subsection may, within 30 days of the effective date of the revocation, petition the commissioner for a hearing to show cause why the license should not have been revoked. If, after the hearing, the commissioner finds that the person has not been convicted or that the conditions of this subsection do not apply, the revocation is rescinded. If the commissioner finds that the person has been convicted and that the conditions of this subsection apply, the revocation remains in effect. [2003, c. 614, §9 (aff); c. 655, Pt. B, §107 (amd); §422 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §10909. Taxidermists and dealers in furs; suspension of license

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 913: GENERAL LICENSE AND PERMIT PROVISIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 4: REVOCATION AND SUSPENSION OF LICENSES OR PERMITS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10909. Taxidermists and dealers in furs; suspension of license

The commissioner shall investigate or cause to be investigated all complaints made to the department and all cases of noncompliance with or violation of sections 12952 and 12953 and this section. A person may register a complaint of fraud, deceit, gross negligence, incompetency or misconduct against any licensee. The complaint must be in writing, be sworn to by the person making it and filed with the department. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

1. Disciplinary action. The commissioner may suspend or revoke a license pursuant to this subchapter and Title 5, section 10004. The commissioner may refuse to issue or renew a license or the District Court may revoke, suspend or refuse to renew a license for any one of the following causes:

A. Procuring a license by fraud or deceit practiced upon the department or a purchaser; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. Failure to meet the competency standards established pursuant to section 12952; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. Engaging in the art of taxidermy under a false name or alias with fraudulent intent; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

D. Incompetence, negligence or neglect in the conduct of the practice of taxidermy, including, but not limited to, entering into a contractual agreement with a customer to provide services and then failing, without just cause, to provide the services as agreed; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

E. Failure to meet the qualifications for a license, including, but not limited to, failing to pass a reexamination pursuant to section 12953, subsection 5; or [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

F. For any violation of this section or section 12952 or 12953 or any rules adopted pursuant to subsection 5; section 12952, subsection 5; or section 12953, subsection 8. [2003, c. 614, §9 (aff); c. 655, Pt. B, §108 (amd); §422 (aff).]

[2003, c. 614, §9 (aff); c. 655, Pt. B, §108 (amd); §422 (aff).]

2. Reissue of license. The commissioner may reissue a license to any former licensee whose license has been revoked. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

3. Hearings. Hearings may be conducted by the commissioner to assist with investigations, to determine whether grounds exist for suspension, revocation or denial of a license or as otherwise necessary to implement the provisions of this section and sections 12952 and 12953. The commissioner shall hold an adjudicatory hearing at the written request of a person who has been denied a license without a hearing for any reason other than failure to pay a required fee, as long as the request for hearing is received by the commissioner within 30 days of the applicant's receipt of written notice of the denial of the application, the reasons for the denial and the right to request a hearing. Hearings must be conducted in conformity with Title 5, chapter 375, subchapter 4, to the extent applicable. The commissioner may subpoena witnesses, records and documents in any hearing the commissioner conducts. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

4. Terms of revocation of license. A person whose license has been revoked under this section is ineligible to apply for a new license for a minimum of 3 years. [2003, c. 614, §9 (aff); c. 655, Pt. B, §109 (amd); §422 (aff).]

5. Rules. The commissioner may adopt rules to implement the provisions of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. [2003, c. 655, Pt. B, §110 (new); §422 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §10910. Operator's license to carry passengers for hire; suspension

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 4: FISH AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 913: GENERAL LICENSE AND PERMIT PROVISIONS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 4: REVOCATION AND SUSPENSION OF LICENSES OR PERMITS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10910. Operator's license to carry passengers for hire; suspension

1. Suspension. The commissioner may initiate proceedings in the District Court to suspend the operator's license of an operator of a motorboat carrying passengers for hire under the following conditions:

A. It is found, upon examination under section 13062, subsection 4, that any motorboat carrying passengers for hire is unsafe; or [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. The commissioner receives satisfactory evidence of the operator's intemperance, incompetency or willful violation of the law. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Exception. This section does not apply to any person who operates a watercraft in connection with a boys or girls camp located in this State and licensed by the Department of Health and Human Services or located in another state and licensed in a similar manner in that state. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff); c. 689, Pt. B, §6 (rev).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007

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