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management officer or administrative hearing officer, be stayed | unless, in the opinion of the court, case management officer or the | administrative hearing officer, the ability of the plaintiff to | prosecute the action, the defendant to conduct the defendant's | defense or the attorney to represent either party is not materially | affected by reason of the member's military service. |
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| | 2.__Appearance.__An application for a stay of a court or | administrative proceeding pursuant to the Soldiers' and Sailors' | Civil Relief Act of 1940, 50 United States Code, as amended, or | this section does not constitute an appearance for any purpose. |
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| | Sec. 4. 37-B MRSA §509 is enacted to read: |
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| §509.__Confidentiality of military service records |
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| | 1.__Certificate of release.__A certificate of release or | discharge from active duty issued by the United States Government | and filed for safekeeping with any state, county or local | government authority is confidential for a period of 75 years | following its filing.__During that 75-year period, it is unlawful | for a person to permit inspection of the record, to disclose | information contained in the record or to issue a copy of all or | any part of the record except as authorized by this section or by | court order. |
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| | 2. Identification.__Upon presentation of proper | identification, any of the following persons may examine a record | filed pursuant to this section and obtain free of charge a copy | or certified copy of all or part of the record: |
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| A.__The person who is the subject of the record; |
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| B.__The spouse or next of kin of the person who is the | subject of the record; |
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| C.__A person named in an appropriate power of attorney | executed by the person who is the subject of the record; |
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| D.__The administrator, executor, guardian or legal | representative of the person who is the subject of the | record; |
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| E.__An attorney for any person specified in paragraphs A to | D of this subsection; or |
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| F.__A civilian employee or military member of the department | when in the conduct of official duties. |
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