LD 1820
pg. 34
Page 33 of 46 PUBLIC Law Chapter 687 Page 35 of 46
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LR 2664
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stipulations may be set forth only in a consent agreement
signed by the board, the licensee and the Attorney General.

 
C.__The board may take disciplinary action against any
applicant or licensee pursuant to this chapter or any rules
adopted pursuant to this chapter.__Disciplinary action,
including, but not limited to, a decision to impose a civil
penalty or to modify, suspend or revoke a license or
registration, may be predicated on the following grounds:

 
(1)__Fraud or deceit in obtaining a license under this
chapter or in connection with service rendered within
the scope of the license issued;

 
(2)__A violation of this chapter or any rule adopted by
the board;

 
(3)__Ineligibility to hold a license or registration
under this chapter;

 
(4)__As provided in Title 5, section 10004, subsection
4-A, conviction of a crime that involves dishonesty or
false statement, conviction of a crime for which
incarceration for one year or more may be imposed or
conviction of a crime defined in Title 17-A, chapter
39; or

 
(5)__Grounds other than those described in
subparagraphs (1) to (4) specified by rule or law.

 
4.__Appeals.__A person aggrieved by the decision of a designee
of the board in modifying or refusing to issue or renew a license
or registration, in taking any disciplinary action pursuant to
this chapter or rules adopted pursuant to this chapter or in the
interpretation of this chapter or rules adopted pursuant to this
chapter may appeal the decision to the board for a final
decision. The designee's decision stands until the board issues a
decision to uphold, modify or overrule the designee's decision.
In the case of appeal to the board, the person must be afforded
an opportunity for an adjudicatory hearing in accordance with
this chapter and the Maine Administrative Procedure Act.

 
A person aggrieved by a final decision of the board in waiving
the application of any rule, in refusing to issue or renew a
license or registration, in taking any disciplinary action
pursuant to this chapter or rules adopted pursuant to this
chapter or in the interpretation of this chapter or any rule
adopted pursuant to this chapter may appeal the board's decision
to the Superior Court in accordance with Title 5, chapter 375,
subchapter 7.


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