Sec. 1. 22 MRSA §7702-A, as enacted by PL 1999, c. 363, §3, is amended to read:

§7702-A. Violations; penalties

1. Criminal penalties. Except as otherwise provided by law, in addition to the civil penalties imposed pursuant to subsection 2, a person who violates any provision of this subtitle commits a Class E crime.

2. Civil penalties. A In addition to any criminal penalties imposed pursuant to subsection 1, a person who violates section 7703 or 8603 or rules adopted pursuant to those sections 7801, subsection 1, paragraph E or F commits a civil violation for which a forfeiture not to exceed $500 per incident or $500 per number of children above the limitation set by law, or both, may be adjudged. A person who violates rules governing child-to- staff ratios adopted under section 8302-A, subsection 1, paragraph A or subsection 2, paragraph G commits a civil violation for which a forfeiture not to exceed $500 per incident or $500 per number of children above the limitation set by rule, or both, may be adjudged.

3. Licensure provisions. A person who violates the following sections or rules adopted pursuant to those sections is subject to the sanctions provided for under the rules of licensure applicable to the facility, day care center or home day care provider:

A. Section 7801, subsection 1, paragraph A;

B. Section 8301-A; or

C. Section 8302-A, subsection 1, paragraphs B to I and subsection 2, paragraphs A to F and H to J.

4. Dedicated funds. Fines and forfeitures adjudged under this section are payable to the Purchased Social Services Other Special Revenue account.

5.__Injunctive relief.__The department may seek an injunction to require compliance with the provisions of this section or rules adopted pursuant to this section.