Sec. R-1. 32 MRSA §1092, as amended by PL 1993, c. 600, Pt. A, §73, is repealed and the following enacted in its place:
1. Unlawful practice. A person may not:
A. Practice dentistry without obtaining a license;
B. Practice dentistry under a false or assumed name;
C. Practice dentistry under the license of another person of the same name;
D. Practice dentistry under the name of a corporation, company, association, parlor or trade name;
E. While manager, proprietor, operator or conductor of a place for performing dental operations, employ a person who is not a lawful practitioner of dentistry in this State to perform dental practices as described in section 1081;
F. While manager, proprietor, operator or conductor of a place for performing dental opera-tions, permit a person to practice dentistry under a false name;
G. Assume a title or append or prefix to that person's name the letters that falsely represent the person as having a degree from a dental college;
H. Impersonate another at an examination held by the board;
I. Knowingly make a false application or false representation in connection with an examination held by the board;
J. Practice as a dental hygienist without having a license to do so; or
K. Employ a person as a dental hygienist who is not licensed to practice.
2. Penalty. A person who violates this section commits a Class E crime. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
Sec. R-2. 32 MRSA §1093, as amended by PL 1993, c. 600, Pt. A, §76, is repealed and the following enacted in its place:
§1093. Fraudulent sale or alteration of diplomas or licenses
1. Fraudulent or altered diploma or license; bribery. A person may not:
A. Sell or offer to sell a diploma conferring a dental degree or license granted pursuant to the laws of this State;
B. Procure a license or diploma with intent that it be used as evidence of the right to practice dentistry by a person other than the one upon whom the diploma or license was conferred;
C. With fraudulent intent alter a diploma or license to practice dentistry;
D. Use or attempt to use an altered diploma or license; or
E. Attempt to bribe a member of the board by the offer or use of money or other pecuniary reward or by other undue influence.
2. Penalty. A person who violates this section commits a Class E crime. Except as otherwise specifically provided, violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
Sec. R-3. 32 MRSA §1105, as amended by PL 1999, c. 386, Pt. F, §10 and c. 547, Pt. B, §78 and affected by §80, is repealed and the following enacted in its place:
1. Violations. A person, firm or corporation may not:
A. Make electrical installations without being licensed as provided in this chapter;
B. While in the business of making electrical installations, employ an unlicensed person, firm or corporation to do that work, unless the unlicensed person, firm or corporation is an apprentice electrician or an electrician's helper as set forth in this chapter; or
C. Procure a license as provided in this chapter wrongfully or by fraud.
2. Penalty. A person, firm or corporation who violates subsection 1 commits a Class E crime. The State may bring an action in Superior Court to enjoin a person from violating this chapter, regardless of whether proceedings have been or may be instituted in the District Court or whether criminal proceedings have been or may be instituted.
3. Strict liability. Except as otherwise specifically provided, violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
4. Exception. Subsection 1 does not apply to a person, firm or corporation or work excepted under section 1102 or 1102-A.
5. Installations by resident; certification. Nothing in this chapter prevents a person from making electrical installations in a single-family residence occupied by that person or to be occupied by that person as the person's bona fide personal abode, as long as the installation conforms with the standards of the National Electric Code. An electrical installation made under the authority of this subsection, after July 1, 1987, in a newly constructed residence, requires certification by a state or local inspector, master electrician or limited electrician in house wiring prior to the activation of electricity by the utility company.
Sec. R-4. 32 MRSA §2276, as amended by PL 1999, c. 386, Pt. I, §2 and c. 547, Pt. B, §78 and affected by §80, is further amended to read:
1-A. License required. A person may not practice, or profess to be authorized to practice occupational therapy, as an occupational therapist or certified occupational therapy assistant in this State or use the words "occupational therapist," "registered occupational therapist," "occupational therapy assistant" or "certified occupational therapy assistant" or the letters "O.T.," "O.T.R.," "O.T.A.," "C.O.T.A." or other words or letters to indicate that the person using the words or letters is a licensed occupational therapist or certified occupational therapy assistant, or that may misrepresent to the public that the person has received formalized training in the field of occupational therapy, unless that person is licensed in accordance with this chapter.
This subsection is not intended to prohibit occupational therapy students and occupational therapy assistant students completing fieldwork from using the letters "O.T.S." and "O.T.A.S." respectively.
2. Individual license. Only an individual may be licensed under this chapter.
3. Penalty; injunction. A person who violates the provisions of this section is guilty of commits a Class E crime. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
The State may bring an action in Superior Court to enjoin any person from violating this chapter, regardless of whether proceedings have been or may be instituted in the District Court or whether criminal proceedings have been or may be instituted.
The State may bring an action in Superior Court to enjoin any person from violating this chapter, regardless of whether proceedings have been or may be instituted in the District Court or whether criminal proceedings have been or may be instituted.
Sec. R-5. 32 MRSA §2317, as amended by PL 1999, c. 386, Pt. J, §9 and c. 547, Pt. B, §78 and affected by §80, is repealed and the following enacted in its place:
1. Penalties. The following penalties apply to violations of this chapter.
A. A person, firm or corporation who makes an oil or solid fuel burner installation without being licensed as provided by this chapter commits a Class E crime.
B. A person, firm or corporation in the oil or solid fuel burner installation business that employs an unlicensed person, unless the work is exempted under this chapter, commits a Class E crime.
C. A person who procures a license as provided in this chapter wrongfully or by fraud commits a Class E crime.
2. Strict liability. Except as otherwise specifically provided, violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
3. Injunctive relief. The State may bring an action in Superior Court to enjoin a person from violating this chapter, regardless of whether proceedings have been or may be instituted in the District Court or whether civil proceedings to impose a fine have been or may be instituted.
Sec. R-6. 32 MRSA §4662, as amended by PL 1987, c. 202, §2, is repealed and the following enacted in its place:
1. Contract required. When merchandise is sold or contracted to be sold, whether under a single contract or under multiple contracts, to a consumer as a result of or in connection with a seller's direct contact accomplished by means of and including, but not limited to, a personal visit or a telephone call upon the consumer, other than at the seller's place of business, without the consumer soliciting the initial contact, the contract must:
A. Be in writing;
B. Bear the signature of the seller and the consumer;
C. Contain the date of the transaction;
D. Contain the terms of the sale or offer;
E. Contain the name and the mailing address of the seller's permanent place of business;
F. Contain a statement of the consumer's right to avoid as provided in this subchapter; and
G. Contain a statement of the limitation contained in section 4664-A.
The seller shall furnish a completely executed copy of the contract or agreement to the consumer immediately after the consumer signs the agreement or contract.
2. Penalty. The following penalties apply to violations of this section.
A. A seller who violates this section commits a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
B. A seller who intentionally violates this section commits a Class D crime.
Sec. R-7. 32 MRSA §4664-A, as enacted by PL 1981, c. 187, §4, is repealed and the following enacted in its place:
§4664-A. Time of seller's performance
1. Performance after right to cancel. If the contract requires the seller to affix merchandise permanently to real estate or its appurtenances, then the seller may not begin performance as long as the consumer has the right to cancel.
2. Penalty. The following penalties apply to violations of this section.
A. A person who violates this section commits a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
B. A person who intentionally violates this section commits a Class D crime.
Sec. R-8. 32 MRSA §4666, as enacted by PL 1969, c. 395, is repealed and the following enacted in its place:
1. Return upon avoidance. If the seller is given written notice of avoidance by the consumer pursuant to this subchapter and any merchandise that has been delivered is returned or made available for return to the seller, the seller must return to the consumer within 15 days of the effective date of the notice of avoidance the full amount of any payment or down payment made or consideration given under the contract or sale for the merchandise.
2. Penalty. The following penalties apply to violations of this section.
A. A person who violates this section commits a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
B. A person who intentionally violates this section commits a Class D crime.
Sec. R-9. 32 MRSA §4667, as repealed and replaced by PL 1995, c. 681, §2, is repealed.
Sec. R-10. 32 MRSA §14058, sub-§2, as enacted by PL 1991, c. 468, §4, is repealed and the following enacted in its place:
2. Penalty. The following penalties apply to violations of this chapter.
A. A person or employee leasing company that violates this chapter is subject to a fine of $100 per day for each violation.
B. A corporation, partnership, sole proprietorship or other form of business entity and an officer, director, general partner, agent, representative or employee of any of those types of business entities that knowingly uses or participates in any employee leasing agreement, arrangement or mechanism for the purpose of depriving one or more insurers of premiums or avoiding the calculation of the proper contribution rate for purposes of unemployment contributions commits a Class E crime.
Sec. R-11. 32 MRSA §14504, as amended by PL 2001, c. 324, §7, is repealed and the following enacted in its place:
1. Registration required. A transient seller of home repair services must register with the department and acquire a door-to-door sales registration in the manner set forth in section 14505 before engaging in the door-to-door sales of home repair services. The registration requirement under this section is in addition to the licensing requirements applicable to the occupation, trade or profession for which a license is required. A transient seller who solicits sales during the course of a municipal or state repair contract is exempt from this requirement.
2. Penalty. The following penalties apply to violations of this section.
A. A person who violates this section commits a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
B. A person who intentionally violates this section commits a Class D crime.
3. Enforcement. This section is enforceable by either the Department of the Attorney General or a district attorney.
Sec. R-12. 32 MRSA §14506, as enacted by PL 1993, c. 444, §1, is repealed and the following enacted in its place:
§14506. Disclosure of registration number
1. Disclosure required. A contract for door-to-door sales of home repair services by a transient seller of home repair services must include the seller's door-to-door sales registration number in the following manner: State door-to-door sales registration #: (fill in number).
2. Penalty. The following penalties apply to violations of this section.
A. A person who violates this section commits a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
B. A person who intentionally violates this section commits a Class D crime.
3. Enforcement. This section is enforceable by either the Department of the Attorney General or a district attorney.
Sec. R-13. 32 MRSA §14512, sub-§1, as amended by PL 2001, c. 324, §11, is further amended to read:
The penalties in this section are in addition to penalties provided for specific violations within this subchapter.
1. Criminal penalty. Violation of section 14504 or section 14506 is a Class E crime for which the State need not plead or prove a culpable state of mind, except that a violation of section 14504 or 14506 is a Class D crime if the State pleads and proves that the act or omission was intentional.
2. Civil penalty. A transient seller of home repair services or the seller's employee failing to register in violation of this subchapter commits a civil violation for which a civil penalty of up to $2,000 may be adjudged against the seller and each employee. If the person violates this subchapter 2 or more times, or if the injured consumer is more than 60 years of age, the civil violation penalty may be up to $5,000. Subsection 1 and this subsection are enforceable by either the Department of the Attorney General or the District Attorney. The following penalties apply to violations of this subchapter.
A. A transient seller of home repair services or the seller's employee who violates this subchapter commits a civil violation for which a fine of up to $2,000 may be adjudged. This penalty may be assessed against each seller and each employee.
B. A transient seller of home repair services or the seller's employee who violates this subchapter after having previously violated this subchapter 2 or more times commits a civil violation for which a fine of not more than $5,000 may be adjudged.
C. A transient seller of home repair services or the seller's employee who violates this subchapter in a way that injures a consumer who is more than 60 years of age commits a civil violation for which a fine of up to $5,000 may be adjudged.
This subsection is enforceable by either the Department of the Attorney General or a district attorney.
3. Unfair trade practice. A transient seller of home repair services who fails to register in violation of this subchapter commits an unfair trade practice in violation of Title 5, section 207.
4. Revocation. In any action under this section the court may also revoke the seller's registration to engage in the door-to-door sale of home repair services.
Sec. R-14. 32 MRSA §14702, as enacted by PL 2001, c. 324, §12, is repealed and the following enacted in its place:
1. Registration required. A person who engages in the business of a transient seller of consumer merchandise, including a self-employed person or a person who employs one or more transient sellers of consumer merchandise, shall apply to the department and acquire a registration in the manner set forth in section 14706 before engaging in sales of consumer merchandise in this State.
2. Penalty. The following penalties apply to violations of this section.
A. A person who violates this section commits a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
B. A person who intentionally violates this section commits a Class D crime.
Sec. R-15. 32 MRSA §14703, sub-§3 is enacted to read:
3. Penalty. The following penalties apply to violations of this section.
A. A person who violates subsection 2 commits a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
B. A person who intentionally violates subsection 2 commits a Class D crime.
Sec. R-16. 32 MRSA §14704, sub-§3 is enacted to read:
3. Penalty. The following penalties apply to violations of this section.
A. A person who violates this section commits a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
B. A person who intentionally violates this section commits a Class D crime.
Sec. R-17. 32 MRSA §14713, as enacted by PL 2001, c. 324, §12, is amended to read:
§14713. Violations; unfair trade practice
1. Criminal penalty. Violation of section 14702, section 14703, subsection 2 or section 14704 is a Class E crime for which the State need not plead or prove a culpable state of mind, except that a violation of section 14702, section 14703, subsection 2 or section 14704 is a Class D crime if the State pleads and proves that the act or omission was intentional.
2. Unfair trade practice. A person who fails to comply with this subchapter commits a violation of Title 5, chapter 10.
Sec. R-18. 32 MRSA §14805, sub-§8, as enacted by PL 1999, c. 386, Pt. V, §6 and amended by c. 547, Pt. B, §78 and affected by §80, is repealed and the following enacted in its place:
8. Penalties. The following penalties apply to violations of this chapter.
A. A person, firm or corporation who makes a propane or natural gas installation without being licensed as provided by this chapter commits a Class E crime.
B. A person, firm or corporation in the propane or natural gas installation business who employs an unlicensed person, unless the work is exempted under this chapter, commits a Class E crime.
C. A person who procures any license as provided in this chapter wrongfully or by fraud commits a Class E crime.
Sec. R-19. 32 MRSA §14805, sub-§§9 and 10 are enacted to read:
9. Strict liability. Except as otherwise specifically provided, violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
10. Injunctive relief. The State may bring an action in Superior Court to enjoin a person from violating this chapter, regardless of whether proceedings have been or may be instituted in the District Court or whether civil proceedings to impose a fine have been or may be instituted.
| Revisor of Statutes Homepage | Subject Index | Search | 121st Laws of Maine | Maine Legislature |
