An Act To Suspend or Revoke Licenses and Permits Issued by the Department of Inland Fisheries and Wildlife to a Person ConviCted of Operating under the Influence
Maine Legislature, Session 122, LD 0082
Committee: Inland Fisheries and Wildlife
Sponsors: WOODCOCK
Amends: 12 MRSA §10902, 29-A MRSA §24

Legislative Document 
No. 82 
S.P.21 
In Senate, January 11,2005 
An Act To Suspend or Revoke Licenses and Permits Issued by the 
Department of Inland Fisheries and Wildlife to a Person ConviCted 
of Operating under the Influence 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed. 
Presented by Senator WOODCOCK of Franklin. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §10902. sub-§4. as affected by PL 
2003, 
c. 
614, §9 and amended by c. 655, Pt. B, §98 and affected by §422, 
is further amended to read: 
4. 
issued 
revoked 
Mandatory 
revocation or 
suspension of all 
by department. 
A person's license or permit 
or suspended under the following circumstances. 
licenses 
must be 
A. 
If a 
person holding 
a 
license or permit under this 
esapseF 
Part 
is 
convicted 
of 
sse 
£ 
violation 
of 
any 
provision of Title l7-A while on a hunting or fishing trip 
or in the pursuit of wild animals, wild birds or fish, the 
commissioner shall revoke the license or permit held by that 
person for a period of at least one year, except when the 
killing or wounding of a human being has occurred, in which 
case the commissioner shall revoke the license or permit for 
at least 5 years. 
B. 
Any license or permit issued by the department in effect 
at the time a person is convicted of a violation of section 
12256, disturbing traps, is revoked upon conviction and must 
be immediately surrendered to the commissioner. 
r '- . 
If as £ habitual violator, as defined in section 10605, 
subsection 1, is convicted or adjudicated of a violation of 
any provision of this Part, the commissioner shall revoke 
all licenses and permits held by that person. 
That person 
is 
ineligible 
to 
have 
a 
license 
for 
a 
period 
to 
be 
determined by the commissioner, which may not be less than 3 
years from the date of revocation. 
A hearing for a person 
whose 
licenses and permits have been revoked under this 
paragraph is governed by the following. 
(1) 
A person whose 
licenses 
and permits have been 
revoked under this paragraph may, within 30 days of the 
effective 
date 
of 
the 
revocation, 
petition 
for 
~ 
hearing before the commissioner to show cause why the 
licenses and permits should not have been revoked. 
(2) 
If, after the hearing, the commissioner finds that 
the petitioner's record does not bring the petitioner 
within the definition of 
an habitual violator, 
the 
commissioner 
shall 
rescind 
the 
revocation. 
If 
the 
commissioner finds that the petitioner's record does 
bring 
the 
petitioner 
within 
the 
definition 
of 
an 
habitual violator, the revocation remains in effect. 
If the petitioner denies any of the facts contained in 
the record, the petitioner has the burden of proof. 
Page l-LR0458 (1) 
D. 
If 
a 
person 
is 
convicted 
of 
operating 
under 
the 
influence under Title 29-A, section 2411. the commissioner 
shall suspend or revoke all licenses or permits held by that 
person that were issued pursuant to this Part as follows: 
(1) 
First conviction, suspension for one year from the 
date of conviction: 
(2) 
Second conviction, 
revocation. 
The person may 
apply for a license or permit 3 years after the date of 
conviction; and 
(3) 
Third conviction, 
permanent revocation from the 
date of conviction. 
A person who 
has been convicted of operating under 
the 
influence under Title 29-A, section 2411 is ineligible to 
obtain a license or permit issued under this Part during the 
applicable suspension or revocation period. 
Sec. 2. 29-A MRSA §24U, sub-§9 is enacted to read: 
9. 
Notification of Department of 
Inland Fisheries 
anq 
Wildlife. 
The court shall send an attested copy of the record of 
any person convicted of operating under the influence to the 
Commissioner of Inland fisheries and Wildlife. 
SUMMARY 
This bill requires the Commissioner of Inland Fisheries and 
Wildlife to suspend or revoke a license or permit issued under 
the Maine Revised Statutes, Title 12, Part 13 held by a person 
convicted of operating a motor vehicle under the influence. 
The 
bill makes 
a person ineligible to obtain a license or permit 
under Title 12, 
Part 
during the applicable suspension or 
revocation 
period 
and 
requires 
the 
court 
to 
notify 
the 
Commissioner 
of 
Inland 
fisheries 
and 
Wildlife 
of 
a 
person 
convicted of operating under the influence. 
This bill also makes 
a technical correction to certain cross references.