(5) Nothing in this section may be construed to prohibit a producer from seeking redress for insufficient payment or nonpayment from licensees in any court or in accordance with any federal procedure established to obtain redress.

Sec. 4. 7 MRSA §1025, as amended by PL 1977, c. 696, §358, is further amended to read:

§1025. Forfeiture of bond; recovery on bond

If any licensee shall fail fails to make such payment as provided in section 1017, subsection 1, paragraph B, such licensee, by reason of such nonpayment shall be is in default as to all producers or licensees whose accounts shall then remain unpaid, and the bond provided for shall be is forfeited to the extent of all sums then due from such licensee to said those producers or licensees, and by nature of such default, the conditions of such bond shall be are deemed to be broken, and any such producer or licensee may bring an action on the defaulted bond in the name of the commissioner for the benefit of said the producer or licensee. A producer or a licensee bringing an action against the bond must provide the department with notice of intent to file a claim within 30 days of the payment due date.__ A formal verified complaint and supporting documentation must be filed with the department within 90 days of the payment due date.

The right of a producer or a licensee to bring an action against the bond is subject to the department's right to apply the proceeds of the bond against the producer's or licensee's debts in accordance with section 1017.

Sec. 5. 7 MRSA §1026, as repealed and replaced by PL 1977, c. 696, §84, is amended to read:

§1026. Enforcement

The commissioner may recover the penalties imposed for violations of this Article and any rules and regulations