| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 12 MRSA §10902, sub-§4, as affected by PL 2003, c. 614, §9 and | amended by c. 655, Pt. B, §98 and affected by §422, is further | amended to read: |
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| | 4. Mandatory revocation or suspension of all licenses issued | by department. A person's license or permit must be revoked or | suspended under the following circumstances. |
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| A. If a person holding a license or permit under this | chapter Part is convicted of the a violation of any | provision of Title 17-A while on a hunting or fishing trip | or in the pursuit of wild animals, wild birds or fish, the | commissioner shall revoke the license or permit held by that | person for a period of at least one year, except when the | killing or wounding of a human being has occurred, in which | case the commissioner shall revoke the license or permit for | at least 5 years. |
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| B. Any license or permit issued by the department in effect | at the time a person is convicted of a violation of section | 12256, disturbing traps, is revoked upon conviction and must | be immediately surrendered to the commissioner. |
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| C. If an a habitual violator, as defined in section 10605, | subsection 1, is convicted or adjudicated of a violation of | any provision of this Part, the commissioner shall revoke | all licenses and permits held by that person. That person | is ineligible to have a license for a period to be | determined by the commissioner, which may not be less than 3 | years from the date of revocation. A hearing for a person | whose licenses and permits have been revoked under this | paragraph is governed by the following. |
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| (1) A person whose licenses and permits have been | revoked under this paragraph may, within 30 days of the | effective date of the revocation, petition for a | hearing before the commissioner to show cause why the | licenses and permits should not have been revoked. |
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| (2) If, after the hearing, the commissioner finds that | the petitioner's record does not bring the petitioner | within the definition of an habitual violator, the | commissioner shall rescind the revocation. If the | commissioner finds that the petitioner's record does | bring the petitioner within the definition of an | habitual violator, the revocation remains in effect. | If the petitioner denies any of the facts contained in | the record, the petitioner has the burden of proof. |
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