LD 82
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LD 82 Title Page An Act To Suspend or Revoke Licenses and Permits Issued by the Department of In... Page 2 of 2
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LR 458
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
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:

 
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.

 
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.

 
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.

 
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whose licenses and permits have been revoked under this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.

 
(1) A person whose licenses and permits have been
revoked under this paragraph may, within 30 days of the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licenses and permits should not have been revoked.

 
(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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