LD 1294
pg. 2
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LR 1735
Item 1

 
1-C.__Board.__"Board" means the Maine Motor Vehicle Franchise
Board created pursuant to section 1187.

 
Sec. 4. 10 MRSA §1171-B, sub-§3, as enacted by PL 1997, c. 521, §5, is
amended to read:

 
3. Civil penalty. If the Secretary of State board determines
after a proceeding conducted in accordance with the Maine
Administrative Procedure Act and rules of the Secretary of State
this chapter that a manufacturer or distributor is violating or
has violated any provision of this chapter or any rule or order
of the Secretary of State board issued pursuant to this chapter,
the Secretary of State board shall levy a civil penalty of not
less than $1,000 nor more than $10,000 for each violation. If
the violation involves multiple transactions within a 60-day
period, these multiple transactions are deemed a single
violation.

 
In determining the amount of a civil penalty levied under this
chapter, the Secretary of State board shall consider:

 
A. The seriousness of the violation, including but not
limited to the nature, circumstances, extent and gravity of
the prohibited acts and the harm or potential harm created
to the safety of the public;

 
B. The economic damage to the public caused by the
violation;

 
C. Any previous violations;

 
D. The amount necessary to deter future violations;

 
E. Efforts made to correct the violation; and

 
F. Any other matters that justice may require.

 
Sec. 5. 10 MRSA §1173-A, as enacted by PL 1997, c. 521, §7, is
repealed.

 
Sec. 6. 10 MRSA §1174, sub-§3, ¶B, as amended by PL 1997, c. 521, §8,
is further amended to read:

 
B. To coerce, or attempt to coerce, a motor vehicle dealer
to enter into an agreement with that manufacturer,
distributor, distributor branch or division, factory branch
or division, wholesale branch or division or officer, agent
or other representative thereof, or to do any other act
prejudicial to the dealer by threatening to cancel a
franchise or a contractual agreement existing between that


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