An Act To Create an Administrative Review Process for Hunting and Fishing Violations
Sec. 1. 12 MRSA §10902-A is enacted to read:
§ 10902-A. Procedure for administrative action without criminal conviction or civil adjudication
If the presiding officer of the hearing finds that a violation of section 10652 or 10657 has been committed, the presiding officer shall immediately notify the commissioner of the finding.
This bill establishes a procedure for the Commissioner of Inland Fisheries and Wildlife to take administrative action regarding alleged property violations without first requiring criminal conviction or civil adjudication of the allegation. Under this bill, if the director of the Bureau of Warden Service has probable cause to suspect that civil trespass or abuse of another person's property while fishing, hunting or trapping has been committed by a person holding a fishing, hunting or trapping license or permit, the commissioner may:
1. For a first violation, order that the person complete a hunter safety course or other safety course designated by the commissioner, regardless of whether the person is exempt from hunter safety course requirements;
2. For a 2nd violation, order that all licenses and permits issued to the person by the Department of Inland Fisheries and Wildlife be suspended for a period of 2 years; and
3. For a 3rd or subsequent violation, order that all licenses and permits issued to the person by the Department of Inland Fisheries and Wildlife be permanently suspended.
The bill provides a mechanism for notice and opportunities for hearing and appeal of administrative action taken by the commissioner.