CHAPTER 121
H.P. 500 - L.D. 691
An Act to Clarify the Sanctions for Violating Laws Relating to Animal Pulling Events
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 7 MRSA §74-A, sub-§8, as enacted by PL 1995, c. 602, §2, is amended to read:
8. Administrative hearing; suspension. In addition to or in lieu of the civil action authorized by subsection 9, the commissioner may institute an administrative proceeding. If the commissioner institutes an administrative proceeding, the commissioner shall give notice and an opportunity for hearing under Title 5, chapter 375, subchapter IV, on any alleged violation of this section. Upon giving notice, the commissioner shall prohibit immediately the person against whom the violation is alleged from competing in an event within the State. This prohibition remains in effect for 30 days or until the commissioner's decision following the hearing is received, whichever occurs first, exclusive of any delays resulting from continuances requested by the person against whom the violation is alleged except that the prohibition period is extended by any delays of the hearing requested by the person against whom the violation is alleged.
If the person against whom the violation is alleged does not request a hearing or if, after a hearing, the commissioner finds a violation of this section, the commissioner shall prohibit that person from competing in any event within the State for a period of 2 years and also exclude the animal from competing in any event within the State for a period of one year.
Sec. 2. 7 MRSA §74-A, sub-§9, ¶A, as enacted by PL 1995, c. 602, §2, is amended to read:
A. The following forfeitures may be adjudged and collected by the commissioner in a civil action in a court of competent jurisdiction:
(1) For the first violation, a forfeiture of not less than $100 nor more than $500; or
(2) For a 2nd or subsequent violation, a forfeiture of not less than $500 nor more than $1,000.
Forfeitures adjudged under this paragraph and collected by the commissioner must be deposited in the General Fund.
Sec. 3. 7 MRSA §74-A, sub-§9, ¶B, as enacted by PL 1995, c. 602, §2, is repealed.
Sec. 4. 7 MRSA §74-A, sub-§9, ¶B-1 is enacted to read:
B-1. When a violation is adjudicated under this section, the commissioner shall immediately suspend the right of the person adjudicated to have committed the violation from all events for a period of 2 years and shall also exclude the animal involved from competing in any event for a period of one year. An action by the commissioner based upon an adjudication under this section is automatic and there is no right to a hearing before the commissioner on the suspension. A person who participated in an event during any period of suspension or prohibition ordered by the commissioner under this paragraph or subsection 8 and the owner and trainer of any animal that competes during a period of suspension or prohibition commit an additional violation of this section.
See title page for effective date.
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