SP0453 LD 1462 |
First Regular Session - 125th Maine Legislature C "A", Filing Number S-190, Sponsored by
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LR 568 Item 2 |
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Bill Tracking, Additional Documents | Chamber Status |
Amend the bill in section 4 in §6374 in subsection 1 in the 5th line (page 1, line 37 in L.D.) by inserting after the following: " determines" the following: ' based on a preponderance of the evidence'
Amend the bill in section 4 in §6374 in subsection 2 in the first line (page 2, line 4 in L.D.) by striking out the following: " 3" and inserting the following: ' 10'
Amend the bill in section 4 in §6374 in subsection 2 in the 3rd line (page 2, line 6 in L.D.) by striking out the following: " 3" and inserting the following: ' 10'
Amend the bill in section 4 in §6374 in subsection 2 in paragraph B in the 2nd line (page 2, line 13 in L.D.) by striking out the following: " one business day" and inserting the following: ' 10 business days'
Amend the bill in section 4 in §6374 by adding at the end the following:
Amend the bill by adding after section 6 the following:
‘Sec. 7. Appropriations and allocations. The following appropriations and allocations are made.
MARINE RESOURCES, DEPARTMENT OF
Office of the Commissioner 0258
Initiative: Provides an allocation to contract with the Department of the Secretary of State to conduct administrative hearings.
OTHER SPECIAL REVENUE FUNDS | 2011-12 | 2012-13 |
All Other
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$5,625 | $5,625 |
OTHER SPECIAL REVENUE FUNDS TOTAL | $5,625 | $5,625 |
summary
This amendment:
1. States that the Commissioner of Marine Resources' determination of whether a suspension without criminal conviction or civil adjudication is necessary must be based on a preponderance of the evidence;
2. Changes from 3 to 10 the number of business days within which a hearing must be held after the commissioner receives a request under the Maine Revised Statutes, Title 12, section 6374;
3. States that a hearing may be held more than 10, instead of 3, business days after the request if the delay is requested by the person requesting the hearing;
4. Adds that a license or certificate holder may request a hearing regarding the length of suspension within 10 days from the effective date of the suspension. The hearing must be held within 10 days of the request unless a longer period of time is mutually agreed to in writing. The hearing must be conducted in the Augusta area; and
5. Adds an appropriations and allocations section.