An Act Concerning Representation of the State in Disclosure Hearings
Maine Legislature, Session 121, LD 1404
Committee: Judiciary
Sponsors: NORBERT, PENDLETON
Amends: 4 MRSA §807, 4 MRSA §807-A

Legislative Document 
No. 1404 
H.P.1031 
House of Representatives, March 20, 2003 
An Act Concerning Representation of the State in Disclosure 
Hearings 
(EMERGENCY) 
Submitted by the Department of the Attorney General pursuant to Joint Rule 204. 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative NORBERT of Portland. 
Cosponsored by Senator PENDLETON of Cumberland. 
Printed on recycled paper 
'I7l~/J7.~ 
Mll..LICENT M. MacFARLAND 
Clerk 
Emergency preamble. Whereas, Acts of the Legisla.ture do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, in order for the Department of the Attorney General 
to 
more 
efficiently 
serve 
and 
represent 
the 
State, 
this 
legislation needs immediate enactment; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 4 MRSA §807, sub-§3, 1JL, as amended by PL 1999, 
c . 
139, §2, is further amended to read: 
L. 
A person who is not an attorney, but who is representing 
the Department of Agr icul ture, Food and Rural Hesources in 
accordance with Title 7, section 3909, subsection 2; 
e~ 
Sec. 2. 4 MRSA §807, sub-§3, 1JM, as enacted by PL 1999, c. 
139, §3, is amended to read: 
M. 
A law enforcement officer, as defined in Title 29-A, 
section 101, subsection 30, who is not an attorney but who 
is representing the State in the prosecution of a traffic 
infraction, 
as 
defined 
in 
Title 
29-A, 
section 
101, 
subsection 85, when representation in that matt.er has been 
approved by the prosecuting attorneyT~ 
Sec.3. 4 MRSA §807, sub-§3, 1JN is enacted to read: 
N. 
A person who is not an attorney, but is representing the 
State under section 807-A. 
Sec. 4. 4 MRSA §807-A, as amended by PL 1997, c. 526, §14, is 
further amended to read: 
§a07-A. Representation by Bureau of Unemployment Compensation, 
Department of the Attorney General or Bureau of Revenue 
Services employees 
Upon 
the 
promulgation of 
and 
in accordance 
with 
rules 
adopted by the Supreme Judicial Court, employees of the Bureau of 
Unemployment Compensation may serve civil process and represent 
the bureau in District Court in disclosure proceedings pursuant 
to Title 14, chapter 502, ancillary to the collection of taxes 
and overpayments for which warrants have been issued pursuant to 
Title 26, chapter 13. 
Upon promulgation of and in accordance with rules adopted by 
the Supreme Judicial Court, employees of the Bureau of Revenue 
Services may serve civil process and represent the bureau in 
District Court in disclosure proceedings pursuant to Title 14, 
chapter 502, 
ancillary to the collection of taxes for which 
warrants have been issued pursuant to Title 36, and may represent 
the State Tax Assessor in arraignment proceedings in District 
Court in cases in which a 
criminal complaint has been filed 
alleging violation of Title 36, section 2113, 3234 or 5332. 
Upon 
the 
promulgation of 
and 
in 
accordance 
with 
rules 
adopted 
by 
the 
Supreme 
Judicial 
Court, 
employees 
of 
the 
Department of the Attorney General may serve civil process and 
represent the State in District Court in disclosure proceedings 
pursuant to Title 14, chapter 502. 
If 
the 
Supreme 
Judicial 
Court 
adopts 
rules 
under 
this 
section, the rules must include the establishment of standards 
and a method to certify employees of the Bureau of Unemployment 
Compensation, 
the Department of the Attorney General and the 
Bureau of Revenue Services who may represent the State in court 
under this section as being familiar with court procedures. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill adds employees of the Department of the Attorney 
General to the list of those who may serve civil process and 
represent the State in District Court in disclosure proceedings, 
along with 
the 
Department 
of 
Labor, 
Bureau 
of 
Unemployment 
Compensation and the Department of Administrative and Financial 
Services, Bureau of Revenue Services employees. 
The bill also 
allows a person who is not an attorney to represent the State.