LD 1142
pg. 12
Page 11 of 16 An Act To Restructure the Power and Duties within the Animal Welfare Act Page 13 of 16
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LR 1131
Item 1

 
order of the Federal Government or its agencies, the federal
law, rule, regulation or order shall govern governs. Each
research or teaching institution licensed under this chapter,
before issuance of the license, shall pay to the commissioner
chief humane agent a license fee of $50. Each license shall
expire expires on June 30th next following the date of issue.
The commissioner chief humane agent shall annually renew each
license upon the application of the licensee, unless, after
notice and hearing as provided in this chapter, it the chief
humane agent finds that, by reason of the standards, facilities,
practices or activities of the licensee, the renewal is not in
the public interest. The commissioner chief humane agent, after
notice and hearing as provided in this chapter, may modify, fail
to renew, suspend or revoke any license if it the chief humane
agent finds that, by reason of the standards, facilities,
practices or activities of the licensee, the continuation of the
license is not in the public interest.

 
2. Noncompliance. If, in the opinion of the commissioner
chief humane agent, there is or may be noncompliance with or a
violation of this chapter or of any rule adopted by the
commissioner chief humane agent that is of sufficient gravity
to warrant further action, the commissioner chief humane agent
may request an informal conference with the licensee. The
commissioner chief humane agent shall provide the licensee
with adequate notice of the conference and the issues to be
discussed.

 
If the commissioner chief humane agent finds that the factual
basis of the alleged noncompliance with or violation of this
chapter is true and may warrant further action, the
commissioner chief humane agent:

 
A. With the consent of the licensee, may enter into a
consent agreement which that fixes the period and terms of
probation best adapted to protect the health and welfare
of animals and to rehabilitate or educate the licensee;

 
B. In consideration for acceptance of a voluntary
surrender of the license, may negotiate stipulations, in a
consent decree to be signed by the commissioner chief
humane agent, the licensee and the office of the Attorney
General, which that ensure protection of the health and
welfare of animals and which that serve to rehabilitate or
educate the licensee;

 
C. If the commissioner chief humane agent concludes that
modification or nonrenewal of the license may be in order,
shall hold an adjudicatory hearing in accordance with the
Maine Administrative Procedure Act, Title 5, chapter 375,
subchapter IV 4; or


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