| | |
previously violated this subchapter 2 or more times commits a | | civil violation for which a fine of not more than $5,000 may | | be adjudged. |
|
| | | C.__A transient seller of home repair services or the | | seller's employee who violates this subchapter in a way that | | injures a consumer who is more than 60 years of age commits | | a civil violation for which a fine of up to $5,000 may be | | adjudged. |
|
| | | This subsection is enforceable by either the Department of the | | Attorney General or a district attorney. |
|
| | | 3. Unfair trade practice. A transient seller of home repair | | services who fails to register in violation of this subchapter | | commits an unfair trade practice in violation of Title 5, section | | 207. |
|
| | | 4. Revocation. In any action under this section the court | | may also revoke the seller's registration to engage in the door- | | to-door sale of home repair services. |
|
| | | Sec. S-14. 32 MRSA §14702, as enacted by PL 2001, c. 324, §12, is | | repealed and the following enacted in its place: |
|
| | | 1.__Registration required.__A person who engages in the | | business of a transient seller of consumer merchandise, including | | a self-employed person or a person who employs one or more | | transient sellers of consumer merchandise, shall apply to the | | department and acquire a registration in the manner set forth in | | section 14706 before engaging in sales of consumer merchandise in | | this State. |
|
| | | 2.__Penalty.__The following penalties apply to violations of | | this section. |
|
| | | A.__A person who violates this section commits a Class E | | crime, which is a strict liability crime as defined in Title | | 17-A, section 34, subsection 4-A. |
|
| | | B.__A person who intentionally violates this section commits | | a Class D crime. |
|
| | | Sec. S-15. 32 MRSA §14703, sub-§3 is enacted to read: |
|
| | | 3.__Penalty.__The following penalties apply to violations of | | this section. |
|
|