2.__Violation.__Violating any provision of this chapter or any rule of the department;

3.__Aiding or abetting.__Willfully aiding or abetting another in the violation of this subchapter or of any rule issued pursuant to this subchapter;

4.__Unauthorized use of license.__Allowing one's license under this subchapter to be used by an unlicensed person;

5.__Misrepresentation.__Making substantial misrepresentation or false promises of a character likely to influence, persuade or induce in connection with the business of an arborist;

6.__False advertising.__Pursuing a continued course of misrepresentation or of making false promises through advertising, sales representatives, agents or otherwise in connection with the business of an arborist; or

7.__Qualifications.__Failure to possess the necessary qualifications or to meet the requirements of this subchapter for the issuance or holding of a license.

Sec. 4. 22 MRSA §1471-D, sub-§11, as enacted by PL 1975, c. 397, §2, is amended to read:

11. Arborists. In the case of persons licensed under Title 32 7, chapter 29 404, subchapter II, the board may waive the application fee and may consider the arborist license as prima facie evidence of qualification to use pesticides in the categories of use provided by Title 32 7, chapter 29 404.

Sec. 5. 32 MRSA c. 29, as amended, is repealed.

Sec. 6. Rules enacted by Arborist Examining Board. All rules enacted by the Arborist Examining Board that were in effect on January 1, 1999 are rules of the Department of Agriculture, Food and Rural Resources and may only be altered pursuant to the Maine Administrative Procedure Act.

SUMMARY

This bill repeals the laws relating to the Arborist Examining Board and the laws that give the Department of