An Act Regarding the Suspension of Licenses for Failure To Pay a Fine
Maine Legislature, Session 121, LD 0701
Committee: Judiciary
Sponsors: MILLS, WOODCOCK, PENDLETON
Amends: 10 MRSA §8005-A, 10 MRSA §8006, 14 MRSA §3142

Legislative Document 
No. 701 
H.P.518 
House of Representatives, February 14,2003 
An Act Regarding the Suspension of Licenses for Failure To Pay a 
Fine 
Submitted by the Judicial Department pursuant to Joint Rule 204. 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative MILLS of Farmington. 
Cosponsored by Senator WOODCOCK of Franklin and 
Senator: PENDLETON of Cumberland. 
Printed on re<.")'cled p'.per 
'I7l~ /J7.1lPc~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MRSA §8005-A is enacted to read: 
Sa005-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: 
S8006. 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 
context 
otherwise 
indicates, 
the 
following meanings. 
this 
section, 
unless 
following 
terms 
have 
the 
the 
A. 
"Board" means any bureau, board or commission listed in 
section 8001 or 800l-A, other licensors that are affiliated 
with or are 
a part of the department and the Board of 
Overseers of the Bar. 
B. 
"Compliance with a court order of support" means that 
the support obligor is no more than 90 days in arrears in 
making payments 
in full 
for 
current support, 
in making 
periodic payments 
on 
a 
support arrearage pursuant to 
a 
written agreement with the Department of Human Services or 
in making periodic payments as set forth in a court order of 
support 
and 
has 
obtained or maintained health insurance 
coverage if required by a court order of support. 
C. 
"Court order of support" means any judgment or order for 
the support of dependent children issued by any court of the 
State or another state, including an order in a final decree 
of divorce or any judgment or order issued in accordance 
with an administrative procedure established by state law 
that affords substantial 
due 
process 
and is subject 
to 
judicial review. 
Page l-LRI417(l) 
D. 
"Court ordered suspension" means a suspension by a court 
of 
the 
right 
of 
a 
licensee 
to 
hold 
or 
apply 
for 
a 
professional 
license 
based 
on 
the 
contempt 
procedures 
pursuant to Title 14, sections 3141 and 3142. 
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. 
When the applicant or licensee pays the court-ordered 
fine in full and a reinstatement fee of $35, the license or right 
to apply for a license must be reinstated. 
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: 
A. 
A reasonable fine not to exceed $500; or 
C. 
The suspension of the right to apply for or possess any 
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, 
not 
including 
a 
registration, 
permit, 
approval 
or 
similar 
document 
evidencing 
the 
granting of 
authority to 
engage 
in 
the 
business of banking pursuant to Title 9-8. 
Licenses and 
registration subject to 
suspension include, 
but are not 
limited to: 
(1) 
Licenses 
issued by 
the 
Commissioner 
of Marine 
Resources, as provided in Title 12, section 6409; 
the 
(2) 
Licenses 
Fisheries 
and 
as 
section 7077, subsection 1-C; 
issued by 
wildlife, 
(3) 
Watercraft, 
snowmobile 
registrations, as provided in 
subsection 1-C; and 
Commissioner 
provided 
in 
of 
Inland 
Title 
12, 
and 
all-terrain vehicle 
Ti tIe 12, section 7077, 
(4) 
Motor vehicle licenses or permits issued by the 
Secretary of 
State, 
the 
right 
to 
operate 
a 
motor 
vehicle in this State and the right to apply for or 
obtain a license or permit, as provided in Title 29-A, 
section 2605. 
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 
1S 
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 payor 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 
do 
not apply to 
proceedings initiated under this section. 
SUMMARY 
Under current law, if a defendant in a civil or criminal 
adjudication fails to pay a fine or any other costs or fees 
assessed or imposed against the defendant, 
including appointed 
counsel fees and restitution, the court may fine the defendant in 
civil 
contempt 
and 
suspend 
any 
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 issued 
by the State to the defendant. 
This bill expands current law to allow the court to suspend 
the right of the defendant to apply for a license or permit. 
This bill limits the amount of the fine that may be imposed for 
civil contempt to $500 and specifies the manner in which the 
notice of 
suspension must 
be 
provided to 
the defendant. 
A 
defendant whose professional license has been suspended may have 
the license reinstated by paying the fine imposed by the court 
plus a fee of $35.