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PUBLIC LAWS OF MAINE
First Regular Session of the 121st

CHAPTER 193
H.P. 518 - L.D. 701

An Act Regarding the Suspension of Licenses for Failure To Pay a Fine

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 10 MRSA §8005-A is enacted to read:

§8005-A.   Licensees not in compliance with court-ordered fine, fee or restitution; license qualifications and conditions

     In addition to other qualifications for licensure or registration and conditions for continuing eligibility to hold a license as required by bureaus, boards and commissions within or affiliated with the department, applicants for licensure or registration, licensees renewing their licenses and existing licensees may not hold any such license when there has been a court-ordered suspension of that license as provided by Title 14, sections 3141 and 3142.

     Sec. 2. 10 MRSA §8006, as amended by PL 1995, c. 694, Pt. D, §8 and affected by Pt. E, §2, is further amended to read:

§8006.   Licensees not in compliance with court order of support and other court orders; enforcement of parental support obligations and suspensions

     1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

     2. Noncompliance with court order of support. An applicant for the issuance or renewal of a license or an existing licensee regulated by a board who is not in compliance with a court order of support is subject to the requirements of Title 19-A, section 2201.

     3. Court-ordered suspension. An applicant for the issuance or renewal of a license or an existing licensee regulated by a board who has not paid a court-ordered fine, court-appointed attorney's fees or court-ordered restitution is subject to court suspension of all licenses as provided in Title 14, sections 3141 and 3142.

     Sec. 3. 14 MRSA §3142, as amended by PL 2001, c. 471, Pt. A, §20, is further amended to read:

§3142. Contempt hearing and punishment

     1. Punishment. Unless the defendant shows that failure to pay a fine was not attributable to a willful refusal to obey the order or to a failure on the defendant's part to make a good faith effort to obtain the funds required for the payment, the court may find the defendant in civil contempt and may impose punishment, as the case requires, of:

     2. Notification of issuing entity and person. Upon suspension of the person's license, certification, registration, permit, approval or other similar document evidencing the granting of authority to hunt, fish or trap or to engage in a profession, occupation, business or industry, the court shall notify the person and the issuing agency that the court has ordered the suspension. The issuing agency shall immediately record the suspension. The court shall immediately notify that person by regular mail or personal service. Written notice is sufficient if sent to the person's last known address.

     3. Purge of contempt. The court shall provide an opportunity for the defendant to purge the contempt by complying with the court's order to pay or to an amended order to pay. The provisions of the Maine Rules of Civil Procedure, Rule 66 and the Maine Rules of Criminal Procedure, Rule 42 do not apply to proceedings initiated under this section.

Effective September 13, 2003, unless otherwise indicated.

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