An Act To Amend Maine's Arborist Licensing Laws
Maine Legislature, Session 121, LD 1463
Committee: Agriculture, Conservation and Forestry
Sponsors: McKEE, BRYANT, CARR, PINEAU, KNEELAND
Amends: 7 MRSA §2181, 7 MRSA §2190

Legislative Document 
No. 1463 
H.P.1068 
House of Representati ves, March 27, 2003 
An Act To Amend Maine's Arborist Licensing Laws 
Submitted by the Department of Agriculture, Food and Rural Resources pursuant to Joint 
Rule 204. 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
'. Presented by Representative McKEE of Wayne. 
Cosponsored by Senator BRYANT of Oxford and 
17/~ 
1n.1llP£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CARR of Lincoln, PINEAU of Jay, PIOTrI of Unity, Senator: KNEELAND 
of Aroostook. 
Printed on Te(.'Ycled parer 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 7 MRSA §2181, first 1f, as enacted by PL 1999, c. 84, 
§3, is amended to read: 
A license may not be issued under this subchapter, except to 
an 
individual 
who 
is 
years 
of 
age 
or 
oldlH, 
who 
is 
specifically qualified as defined in this subchapter, who passes 
an examination and who gives proof of financial responsibility in 
amounts to be determined under rules of the departmemt. 
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Sec. 2. 7 MRS A §2189, as enacted by PL 1999, c. 84, §3, is 
amended by adding at the end a new paragraph to read: 
If a 
nonresident applicant for 
a 
license holds 
a 
valid 
certificate issued by the International Society of Arboriculture, 
or successor organization, examination of the applicant may also 
be waived by the department, providing the testing process of the 
International 
Society 
of 
Arboriculture 
or 
a 
successor 
organization does not drop below the standards set forth in this 
subchapter. 
Sec. 3. 7 MRSA §2190, sub-§§6 and 7, as enac ted by PL 1999, c. 
84, §3, are amended to read: 
6. 
False advertising. 
Pursuing 
a 
continued 
course 
of 
misrepresentation 
or 
of 
making 
false 
promises 
through 
advertising, 
sales 
representatives, 
agents 
or 
ot:herwise 
in 
connection with the business of an arborist; aF 
7. 
Qualifications. 
Failure 
to 
possess 
the 
necessary 
qualifications or to meet the requirements of this subchapter for 
the issuance or hOlding of a licenseTL-Q£ 
Sec. 4. 7 MRSA §2190, sub-§8 is enacted to read: 
8. 
Continued course of unprofessional conduct. 
Pursuing a 
continued 
course 
of 
unprofessional 
conduct 
demonstrated 
by 
repeated verified complaints against a licensed arborist. 
Page l-LR1894(1) 
SUMMARY 
This 
bill 
makes 
several 
changes 
to 
Maine's 
arborist 
licensing 
laws 
designed 
to 
simplify 
the 
current 
arborist 
licensing 
laws 
and 
to 
provide 
the 
public 
with 
additional 
protection against 
unprofessional 
conduct 
of 
arborists 
doing 
business in the State. 
The changes bring the current law into 
conformity with actual practices in the arborist profession and 
allow individuals who are certified by the International Society 
of Arboriculture, 
ISA, which currently maintains a testing and 
certification 
process 
as 
rigorous 
as 
the 
Department 
of 
Agriculture, 
Foo~ and Rural Resource's examination, providing the 
ISA testing process does not drop below the standards set forth 
in the State's arborist licensing law. 
The bill provides the 
department with the opportunity to suspend, revoke or refuse to 
issue or renew an arborist license, pursuant to other relevant 
statutes or provides the District Court with the opportunity to 
suspend, 
revoke or refuse to renew a license, if an arbor ist 
pursues 
a 
continued 
course 
of 
unprofessional 
conduct 
as 
demonstrated by repeated verified complaints against the licensed 
arborist.