LD 216
pg. 15
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LR 275
Item 1

 
differential announced for Suffolk County, Massachusetts in
accordance with section 2954-A.

 
Sec. F-19. 7 MRSA §2959, sub-§1, as enacted by PL 1985, c. 717, §4, is
amended to read:

 
1. Injunction. In addition to any other remedy set forth in
this chapter for the enforcement of this chapter or any rule,
order or decision of the commission, the Superior Court shall
have has jurisdiction upon complaint filed by the commission, or
any person duly authorized to act for the commission, including,
but not limited to, its executive secretary, to restrain or
enjoin any person from committing any act prohibited by this
chapter or prohibited by any rule, order or decision of the
commission. If it is established upon hearing that the person
charged has been or is committing any unlawful act declared to be
unlawful by under this chapter or is in violation of any rule,
order or decision of the commission, the court shall enter a
decree perpetually enjoining that person from committing further
commission of that act or actions such violations. In case of
violation of any injunction issued under this section, the court
shall summarily try and punish the person for contempt of court.
The existence of other civil or criminal remedies shall be is no
defense to this proceeding. The commission or its authorized
agent shall may not be required to give or post a bond when
making an application for an injunction under this section.

 
Sec. F-20. 7 MRSA §2961, as corrected by RR 1997, c. 2, §29, is
repealed.

 
Sec. F-21. 7 MRSA §2962, first ¶, as enacted by PL 1985, c. 717, §6, is
amended to read:

 
When the commission, after such investigation as it deems
considers appropriate, believes that a violation of this chapter
or of any rule, order or decision of the commission has occurred,
it may order any person to cease that violation. Before issuing
such an order, the commission shall afford any person who would
be aggrieved by the order an opportunity for a hearing. In any
such investigation or hearing, the commission may exercise all of
the powers given to it by section 2953 2952-A. Any person
aggrieved by a final order issued under this section may obtain
judicial review of the order in Superior Court by filing a
petition in accordance with Title 5, section 11001, and the Maine
Rules of Civil Procedure, Rule 80C. In responding to such a
petition, the commission may seek enforcement of its order,
including civil penalties for any violation found, and the court,
if it upholds the order, may order its enforcement, including
civil penalties.


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