LD 1484
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LR 1497
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division (b) and determine if there has been a violation of
section 13003.__If the commission finds that a violation has
occurred, the commission may issue a cease and desist order,
assess a civil penalty in an amount it determines, but not to
exceed $2,000 per violation, or issue any other decision
pursuant to section 13068.__Each day a violation occurs or
continues is a separate violation.__The commission shall
determine the terms of payment.__The commission shall maintain
a transcript of the proceedings of the hearing and issue a
written opinion to all parties, citing its findings and
grounds for any action taken.

 
C.__If a person fails to pay a civil penalty assessed
pursuant to paragraph B within the time prescribed by the
commission, the director may forward to the Attorney General
the name of the person and the amount of the civil penalty
for the purpose of collecting that civil penalty.__In
addition to the civil penalty assessed pursuant to paragraph
B, the person also must pay any fee assessed by the Attorney
General for collection of the civil penalty.

 
§13071.__Private cause of action

 
1.__Injunction.__In addition to the penalty and complaint
provisions of this chapter, an injunction may be granted through
an action in district court to prohibit a person from engaging in
an activity that violates the provisions of section 13003.__The
action for injunctive relief may be brought only by an affected
person.__For the purposes of this section, "affected person"
means any person upon whom the actions of a person suspected of
violating the provisions of section 13003 have had a direct
impact.__"Affected person" may include, but is not limited to,
the commission, a person who has used the services of a person
suspected of violating the provisions of section 13003 or a
private association composed primarily of members practicing a
profession for which licensure is required pursuant to this
chapter.

 
2.__Costs and attorney's fees.__If a person is successful in
obtaining injunctive relief, that person is entitled to actual
costs and attorney's fees unless the person suspected of
violating a provision of section 13003 prevails in any
application for permanent injunctive relief.__For the purposes of
this section, "actual costs" means those costs other than
attorney's fees that were actually incurred in connection with
the action, including, but not limited to, court and witness
fees, investigative expenses, travel expenses, legal research
expenses and other related fees and expenses.

 
Sec. 8. 32 MRSA §13177, as amended by PL 1999, c. 129, §8, is
further amended to read:


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