An Act To Update and Streamline State Licensing Laws, and Clarify the Process for Appealing Final Decisions of Certain Licensing Entities
Maine Legislature, Session 124, LD 0630
Sponsors: COHEN, SCHNEIDER, BEAUDETTE, PERRY
Amends: 10 MRSA §8003, 32 MRSA §554, 32 MRSA §1104, 32 MRSA §1524-B, 32 MRSA §3552-A, 32 MRSA §3653, 32 MRSA §3812-A, 32 MRSA §6210, 32 MRSA §7053, 32 MRSA §9854, 32 MRSA §9855, 32 MRSA §13198, 32 MRSA §13199, 32 MRSA §138, 32 MRSA §14002, 32 MRSA §14022, 32 MRSA §14036, 4 MRSA §152

MAINE STATE LEGISLATURE 
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LAW AND LEGISLATIVE DIGITAL LIBRARY 
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AUGAJSTA~'-&~IME 
124th MAINE LEGISLATU 
Legislative Document 
No. 630 
H.P.444 
House of Representatives, Febmary 19, 2009 
An Act To Update and Streamline State Licensing Laws, and Clarify 
the Process for Appealing Final Decisions of Certain Licensing 
Entities 
Submitted by the Depar-tment ofPmfessional and Financial Regulation pursuant to Joint 
Rule 204. 
Reference to thecCommittee OR Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative COHEN of Portland. 
Cosponsored by Senator SCHNEIDER of Penobscot and 
'77l~ /J1. 7l!1LC;f~~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representative: BEAUDETTE of Biddeford, Senator: PERRY of Penobscot. 
Printed un rccyclell paper 
Be it enacted by the People of the State of Maine as follows: 
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PART A 
Sec. A-I. 9 MRSA§5004, sub-§l, ~C, as amended by PL 2007, c. 402, ·Pt. A, 
§3, is further amended to read: 
C. Before issuance of a license by the office in accordance ",Iith section 5008, a 
charitable organization that is required to file an initial license application or annual 
renewal application. may not. solicit, accept or obtain contributions or have 
contributions solicited, accepted or obtained on its behalf by any other person, 
charitable organization, commercial co-venturer or professional solicitor, or 
participate in charitable sales promotion. 
Sec. A-2. 10 MRSA §8003,. sub-§8, as amended by PL 1995, c. 502, Pt. H, § 1 0, 
is repealed. 
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Sec. A-3. 32 MRSA §554, as amended by PL 2007, c. 402, Pt. H, § 12, is further 
amended to read,: 
'§554. Display of license; rights 
When the board grants to an individual the license mentioned in section 552, the 
license must designate the holder as a doctor of.?hiropractic or a:yl)irop.r.~9tor .£;lnd must be 
publicly displayed at the' individual's principal place of business so long as that 
individual continues to practice' chiropractic for gain or hire. The . license entitles the 
individual to whom it is grante<i to practice chiropractic in this State in all of its branches 
'of discipline, except obstetrics, so far as the same relates to parturition, the administering 
of drugs and the performance of surgical operations with the use of instruments, except as 
allowed by law;' This section may not be construed to prohibit a' legally licensed doctor 
of chiropractic in this State from practicing surgery after having passed a satisfactory 
: 
. examination before the State Board of Licensure in Medicine. 
Sec.A-4. 32 MRSA §1104, as amended by PL 1999, c. 657, §14, is repealed and 
the following enacted in its place: 
§1104. State electrical inspectors 
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1. 
Inspection. 
State electrical inspectors, upon an oral complaint of imininent 
danger or upon written complaint of any owner, lessee or tenant of a building, state fire 
inspector, fire chief, fire department inspector, personnel of a transmission and 
distribution utility or local electrical inspector or whenever they determine it necessary at 
all reasonable hours, for purposes of examination, may enter into and upon all buildings. 
or premises within their jurisdiction and inspect the same. They may ,enter any building 
only with the permission of the person having control thereof or, after hearing, upon order 
36, 
of court. Whenever any state electrical inspector finds any electrical installation in any 
building or structure that does not comply with this chapter, that inspector shall order the 
same to be removed or remedied and the order must forthwith be complied with by the 
owner or occupant of the premises or buildings or the electrician that performed the work. 
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Whenever any state electrical inspector finds any electrical installation in any building or 
structure that creates a danger to other property or to-the public, the inspector may forbid 
use of the building or structure by serv-ing a written order upon the owner and the 
occupant, if any, to vacate within a reasonable period of time to be stated in the order. 
2. Order to correct deficiency; appeal. Any person ordered by a state electrical 
inspector to correct an electrical deficiency 'or to vacate a building or structure may 
appeal the order to the Electricians' Examining Board by filing with that board within 30 
days of receipt of the order a written notice of appeaL The board shall review that appeal 
and issue its written decision thereof within a reasonable time after receipt of the notice 
of appeal. If the board upholds the inspector's order, it shall prescribe the time period for 
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the requisite correction specified in its written decision or the time within which that 
person must vacate the building or structure. The decision must be complied with unless 
appealed as provided. Any person ordered by the board to correct an electrical deficiency 
or to vacate a building or structure may appeal the order to the Superior Court in 
accordance with Title 5, chapter 375, subchapter 7 by filing a petition for review within 
hours of receipt of the order. The court shall issue its written decision within 20 days 
after receipt of the petition for review. 
The decision of the Superior Court on an appeal as provided is final. An order by a 
state electrical inspector or an order by the Electricians' Examining Board is final and 
subject to no further appeal upon failure to file a timely, written appeal therefrom as 
provided. 
Upon the failure of any person to carry out a final order as provided; the Electricians' 
Examining Board may petition the Superior Court for the county in which the building or 
premises are located for an injunction. to enforce that order. If the court determines upon 
hearing the petition that a lawful final order was issued, it shall order compliance. 
Sec. A-S. 32 MRS A §1202, suh-§l, EjfC, as amended by PL 1999, c. 386, Pt. F, 
§ 14 and PL 2003, c. 20, Pt. 00, §2 and affected by §4, is further amended to read: 
C. For a limited electrician's license, a person must meet the following requirements. 
(1) 
A limited electrician in water pumps must have 135 hours of electrical 
education as approved by the Electricians' Examining Board or from an 
accredited institution and 2,000 hours of exp'erien'ce. The privileges of practice 
are restricted to electrical work between the branch circuits and power supplies. 
(2) A limited. electrician in outdoor signs, including sign lighting, must have 135 
hours of electrical education as approved by the Electricians', Examining Board or 
from an accredited institution and 2,000 hours of experience. The privileges of 
practice do not include branch circuit wiring. 
(3) A limited electrician in gasoline dispensing must have 135 hours of electrical 
education as approved by the Electricians' Examining Board or from an 
accredited institution and 2,000 hours of experience. The privileges of practice 
are restricted to electrical work between the branch circuit and the power supply. 
(4) A limited electrician in traffic signals, including outdoor lighting of traffic 
signals, must have 135 hours of electrical education as approved by the 
Electricians' Examining Board or from an accredited institution and 2,000 hours 
of experience. 
(5) A limited electrician in house wiring must have 225 hours of electrical 
education as approved by the .Electricians' Examining Board or from an· 
accredited institution and 4,000 hours of experience; Privileges of practice are 
restricted to one-family and 2-family dwellings, including modular and mobile 
homes. Any person having a limited license in mobile homes prior to the 
effective date of this section is automatically licensed as a limited electrician in 
house wiring. 
(6) 
A limited electrician in refrigeration must have 270 hours of electrical 
education· as approved. by the Electricians' Examining Board or from an 
accredited institution and 6,000. hours of experience .. Graduates of a Maine 
community college electrical. program in refrigeration approved· by the 
Electricians' Examining Board or from an accredited institution are credited with 
4,000 hours of experience upon graduation. Privileges of practice are restricted 
to all associated wire from the loadside of distribution. 
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(7) A limited electrician in low energy, including fire alarms, must have 270 
hours of electrical education as approved by the Electricians' Examining Board or 
from an accredited institution and 4,000 hours of experience. Any person having 
a limited license in fire alarms or experience in the installation of low-energy 
electronics, as defined by the National Electrical Code, prior to the effective date 
of this section, qualifies to be licensed as a limited electrician in low energy. 
(8) A crane technician ri1Usthave 135 hours of electrical education as approved 
by the Electricians' Examihing Bo·ard or from an accredited institution and 2,000 
hours of experience. Any person having work experience in the installation of 
cranes and hoists, as defined by the National Electrical Code, prior to the 
effective date of this subparagraph, qualifies to be licensed as a crane technician. 
This covers the installation of electrical equipment and wiring used in connection 
with cranes, monorail hoists, hoists and runways~ 
Sec. A-6. 32 MRSA §1524-B, sub-§l, as enacted by PL 1999, c. 399, § 11 and 
affected by §20, is amended to read: 
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1. High school diploma. Proof of a high school diploma or the equivalent; and 
Sec~ A-7. 32 MRSA §1524-B, sub-§i, as enacted by PL 1999, c. 399, §11 and 
affected by §20, is repealed. 
Sec. A-S. 32 MRS A §3115, as amended by.PL 2007, c. 402, Pt. N, §7, is further 
amended to read: 
§3115. Licensure 
The board shall license an applicant who meets the requirements of this chapter and 
pays the biennial licensure fee as set under section 3116-A. 
The license must be 
conspicuously displayed by the licensee at the place of employment. Licensure as a 
physical therapist entitles the person to whom it is granted to engage in the practice of 
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physical therapy anywhere in this State and to use the words "physical therapist" or letters 
"P.T." to indicate that the person is licensed in this State. Licensure as a physical therapist 
assistant entitles the person to whom it is granted to act as a physical therapist assistant 
and to use the words "physicaltherapist assistant" or letters "P.T.A." to indicate that the 
person is licensed in this State. 
Sec. A-9. 32 MRSA §3552-A, sub-§l, as enacted by PL 2005, c. 77, §1, IS 
amended to read; 
. 
1. Podiatric assistants permitted. This chapter may not be construed to prohibit a 
podiatric assistant trom rendering podiatric medical services if these services are rendered 
under the supervision and control of a podiatrist and if that podiatric assistant is in a 
training program approved by the board O:F has satisfactorily completed training and a 
competency evaluation approved by the board. "Supervision and control" may not be 
construed to require the personal presence of the supervising and controlling podiatrist at 
the place where these services are rendered, unless a physical presence is necessary to 
pro~Ade patient care of the same quality as provided by the podiatrist. This chapter may 
not be construed to prohibit a podiatrist from delegating to a podiatric assistant certain 
activities relating to medical care and treatment that are delegated by custom and usage, 
. as long as those activities are under the supervision or control of the podiatrist, who must 
be present on the premises at the time the activities are performed .. This section may not 
be construed to require the presence of the .supervising and controlling pQdiatrist during 
the rendering of non diagnostic or nontherapeutic services: 
Sec~ A-lO . .32 MRSA §3653, as amended by PL 1993, c. 600, Pt. A, §246, is 
further amended to read: 
§365~. Use of title 
An applicant who satisfactorily meets the requirements for license to practice 
podiatry, as provided in this chapter, may be granted a license by the board signed by the 
chair, 'Nhich that entitles the individual to whom it is granted to practice podiatry in this 
State. 
The license must be conspicuously displayed at the place of practice of the 
podiatrist. 
A podiatrist licensed in accordance with this chapter may use the word 
"Doctor" or the letters "Dr." when followed by the word "Podiatrist" or "Chiropodist," or 
the designatiori 'ofthe degree "D.P.M." 
Sec. A-H. 32 MRSA §3812-A is enacted to read: 
§3812-A. Delegation authorized 
'.1. 
Delegation authorized. 
This chapter may not be construed to prohibit a 
psychologist from delegating to a'n individual the administration and observation of tests 
and certain act-ivities relati~g to the practice of psychology, as long as those activities are 
underthe -supervision and control of the psychologist. ,"Supervision and control" may not 
be construed to require the personal presence of the supervising and controlling 
psychologist at the place where those activities take place, unless a phvsical,presence is 
necessary to provide patient care of the same quality as provided by the psychologist. 
The board may adopt rules identifying delegated activities and appropriate levels of 
superVision in the practice setting. Rules adopted pursuant to this subsection are routine. 
technical rules as defined by Title 5, chapter 375, subchapter 2-A. 
The activities 
delegated by a psychologist under this subsection may not include the interpretation of 
test results and diagnosing arid treating mental, emotional and psychological illnesses and 
disorders.·· 
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2. 
Responsibility. 
A psychologist who delegates actIvItIes as described ·in 
subsection 1 to an individual is legally and ethically responsible for all of the professional 
activities of that individual, and the individual in this relationship is considered the 
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psychologist's agent. This subsection may not be construed to apply to an individual 
acting·under a separate license accepted by the State t6 render services independently. 
Sec. A-12. 32 MRSA §6210, as amended by PL 2007,.c. 402, Pt. U, §6, is further 
amended to read:-
§6210. Meetings; chair; quorum 
The board shall meet at least once a year to conduct its business ·and to elect a chair. 
Additional meetings must be held as necessary to conduct the business of the board and 
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may be convened at the call of the chair or a majority of the board members. S* Five 
members of the board constitute a quorum. 
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Sec. A-13. 32MRSA §7053, sub-§3, ~A, as amended by PL 2001, c. 316, §2, is 
further amended to read: . 
A. The applicant must have received a bachelor's degree or higher in social work or 
social welfare from an . accredited ··educational institution; demonstrated to the 
satisfaction of the board adherence to the ethics of the social worker profession; and 
successfully completed the examination prescribed by the board; or 
Sec. A-14. 32 MRSA §7053, sub-§3-B, ~A, as enacted by PL 2003, c. 429, §4 
and affected by §7, is amended to read: 
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A. Documented proof of a bachelor's degree or higher in a field that is sufficiently 
telatedto social work or social welfare, as deter~ined by the board; and 
Sec. A-15 .. 32 MRSA §9854,sub-§1, as amended by PL2005, c. 511, §5, is 
further amended to read: 
1. License required. A person may not practice or profess to be authorized to 
practice after September 1, 1984, asa radiographer, a nuclear medicine technologist or a 
radiation therapist unless. that person is licensed in accordance with the provisiol1s of thi~ 
chapter. A license issued by the board must be displayed conspicuously in each place of 
reeular emnlovment of the licensee. 
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Sec: A-16. 32 MRSA §9855, sub-§3,~C, as amendedby PL 2007,.c. 402, Pt. X, 
§2, is further amended to read: 
. C. 
Either have successfully completed a course in radiologic radiation therapy 
technology and ~ri examination that is approved' by the board or' possess valid 
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certification and current registration from the American Registry of Radiologic 
Technologists or its successor or other organization or another certification program 
approved by the board to practice as a radiation therapist. . 
Sec. A-17. 32 MRSA §13198, sub-§2, as enacted by PL 1987,c. 395, Pt. A, 
§212, is repealed and the following enacted in its place: 
2. Professional qualifications. An applicant fora broker license must meet the 
qualifications underparagraphs A and B. 
A. The applicant must have been licensed as an associate broker affiliated with a real 
estate brokerage agency for 2 years within the 5 years immediately preceding the date 
of application. 
B. The applicant must satisfactorily complete the course of study meeting guidelines 
established by the commission. 
Sec. A-IS. 32 MRSA §13199, sub-§2-A, as enacted by PL 2005, c. 378, § 1 0 and 
affected by §29, is amended to read: 
2-A. Professional qualifications. An applicant for an associate broker license must 
have practiced been licensed as a real estate sales agent affiliated with a real estate 
brokerage agency for 2 years within the 5 years immediately preceding the date of 
application and satisfactorily completed a course of study meeting guidelines established 
by the commission. The commission may not issue a license under this section until an 
individual has completed 2 years as a licensed real estate sales agent. 
Sec. A-19. 32 MRSA §138S2, sub-§7, as amended by PL 2007, c: 621, §15, is 
further amended to read: 
7. Meetings; chair; quorum. The board shall meet at least once a year to conduct 
its business and to elect a chair. Additional meetings must be held as nec'essary to 
conduct the business of the board and may be convened at the. call of the chair or a 
majority of the board members .. FffiH: Five members ofthe'board constitute a quorum. 
Sec. A-20. 32 MRSA §14002, sub-§9, as enacted by PL 1999, c. 185, §5, IS 
repealed and the following ~nacted in its place: 
9.. Federally related transaction. 
"Federally related transaction" means any 
financial transaction related to real estate that: 
A. 
A federal financial institution's regulatory agency or the Resolution Trust 
Corporation or its successor agency engages in, contracts for or regulates; and 
B. Requires the services of a real estate appraiser. 
Sec. A-21. 32 MRSA §14022, as enacted by PL 1999, c; i85, §5, is amended to 
read: 
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§14022. Place of business 
A licensee shall designate and maintain a principal place of business where real estate 
appraisal records: may be inspected for purposes consistent with- this chapter and shall 
conspicuously display the license in the principal place of business. A nonresident is not 
required to maintain a place of business in this State if the nonresident maintains an 
active place of business in'the state of domicile. 
Sec. A-22. 32 MRSA §14036, sub-§2, ~, as,enacted by PL 2005, c. 518, §7, is 
amended to read: 
D. Hold a valid license under this chapter and demonstrate 2,500 hours of appraisal 
experience obtained during no fewer than 24 months, including complex residential 
property appraisals completed under the supervision of a certified residential 'real 
property appraiser or a ce11ified general real property appraiser under section 14035. 
Sec. A-23. 32 MRS A §17104-A is enacted to read: 
§17104-A. Delegation authorized 
1. 
Delegation authorized. 
This chapter may not be construed to 'prohibit an 
audiologist from delegating to an individual certain activities relating to the practice of 
'audiology, as long as those activities are under the supervision and control of the 
audiologist. "Supervision and control" may not be construed to require the personal 
presence of the supervising and controlling audiologist at the place where those activities 
take place, unless a physical presence is necessary to provide patient care of the same 
quality as provided by the audiologist. The board may adopt rules identifying delegated 
activities and appropriate levels of supervision in the practice setting. Rules adopted 
pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, 
subchapter 2-A. The activities delegated by an audiologist under this subsection may not 
include the assessment and treatment of hearing and balance disorders or the dispensing 
of-hearing aids. 
2. 
Responsibility. 
An audiologist who delegates activities as described in 
subsection 1 to an individual is legally and ethically responsible for all of the professional 
, activities of that individual, and the individual in this relationship is considered the 
audiologist'S agent.' This subsection may not be construed to apply to an individual acting 
urider a separate license accepted by the State to render services independently. 
PART-B. 
Sec. B .. J.' 4 MRSA §152, sub-§9, as amended by PL 2005, o. 65, Pt. C, §1, is 
further amended to read: 
9. Licensing jurisdiction. Except as provided in Title 5, section 10004; Title 8, 
secti~n 279-B; Title 10, section 8003, subsection 5; Title 20-A, sections 10712 and 
10713; Title 29-A; Title 32, chapters 2-B, 114 and 135; and Title 35-A,section 3132, 
exclusive jurisdiction upon complaint of an agency or, if the licensing agency fails or 
refuses to act within a reasonable time, upon complaint of the Attorney General to revoke 
or suspend licenses issued by the agency. The District Court has original jurisdiction 
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upon complaint of a licensing agency to determine whether renewal or reissuance of a 
license of that agency may be refused. 
The District Court has original concurrent 
jurisdiction to grant equitable relief in proceedings initiated by an agency or the 
Department of the Attorney General alleging any violation o'f a license or licensing laws 
or rules. 
Notwithstanding any other provisions of law, a licensing agency may not reinstate or 
otherwise affect a license suspended, revoked, or modified by the District Court pursuant 
to a complaint filed by the Attorney General without the approval of the Attorney 
General; 
Sec. B-2. 4 MRSA §152, sub-§10, as amended by PL 1999, c. 731, Pt. ZZZ, §4 
and affected by §42, is repealed. 
Sec. B-3. 10 MRSA §8003, sub-§5-A, as amended by PL 2007, c.'621, §§2 and 
3, is further amended to read: 
,S-A. Authority of Office of Licensing and Registration. In addition to authority 
otherwise conferred, unless expressly precluded by language of denial, in its own 
governing law, the Office of Licensing and Registration, referred to in this subsection as 
"the office," including the licensing boards and commissions and regulatory functions 
within the office, have the following authority. 
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A. The office, board or commission may deny or refuse to renew a license, may 
suspend or revoke a license and may impose other discipline as authorized in this 
subsection for any of the following reasons: 
(1) The practice of fraud, deceit or misrepresentation in obtaining a license from 
a bureau, office, board or commission, or in connection with services rendered 
while engaged in the occupation or profession for which the person is licensed; 
(2) 
Any gross' negligence, i'ncompetence, misconduct or violation of an 
applicable code of ethics or standard of practice while engaged in the occupation 
or profession for which the person is licensed; 
(3) SUbje'ct to the limitations of Title 5, chapter 341, conviction of a Class A, B 
or C crime or Conviction of a crime that bears directly on the licensed profession 
AT ACCllRAtiAn to the extent permitted by Title 5, chapter 341; 
(4) Any violation of the governing law of an office, board or commission; 
(5) Any violation of the rules of an office, board or commission; 
(6) Engaging in any activity requiring a license under the governing law of an 
office, board or commission that is beyond the scope of acts authorized by the 
license held; 
(7) Continuing to act in a capacity requiring a.license under the governing law of 
an office, board or commission after expiration, suspension or revocation of that 
license; 
(8) Aiding or abetting unlicensed practice by a person who is not licensed as 
-required by the governing law of an-office, board or commission; 
(9) Noncompliance with an order or consent agreement of an office, board or 
commission; 
(10) Failure to produce any requested documents in the licensee's possession or 
under the licensee's ccmtrolconcerning a pendingcomplai~tor proceeding or any 
matter under investigation; or 
(11) Any violation of a -requirement imposed pursuant to section 8003-G. 
B. The office, board or commission may impose the following forms of discipline 
upon a licensee or applicant for licensure: 
(1) Denial or refusal to renew a license, or issuance of a license in conjunction 
with the imposition of other discipline; 
(2) 
Issuance of warning, censure or reprimand. 
Each warning, censure or 
reprimand issued must be based upon violation of a single applicable law, rules 
or condition of licensure or must be based upon a single instance of actionable 
conduct or activity; 
(3) Suspension of a license for up to 90 days for each violation of applicable 
laws, rules or conditions of licensure or for each instance of actionable conduct or 
activity. Suspensions may be set to run concurrently or consecutively. Execution 
of all or any portion of a term of suspension maybe stayed pending successful 
completion of conditions of probation; although the suspension remains part of 
the licensee's record; 
(4) Revocation ofa license; 
(5) Imposition of civil penalties of up to $1,500, or such greater amount as may 
be authorized by statute, for each violation of applicable laws, rules or conditions 
of licensure or for each instance of actionable conduct or activity; or 
(6) 
Imposition of conditions of probation upon an applicant or licensee. 
Probation may run for such time period as the office, board or commission 
determines appropriate. Probation may" include conditions such as: additional 
continuing education; medical, psychiatric or mental health consultations or 
evaluations; mandatory profes:,:onal or occupational supervision of the applicant 
or licensee; practice' restrictions; and other conditions as the office, board or 
commission determines appropriate. Costs 'incurred in the perfonnance of terms 
of probation are borne by the applicant or licensee. Failure to comply with the 
conditions of probation is a ground for disciplinary action against a licensee. 
C. The office, board or commission may execute a consent agreement that resolves a 
complaint or investigation without further proceedings. Consent agreements may be 
entered into only with the consent of the applicant or licensee; the office, board or 
commission; and the Department of the Attorney General. ' Any remedy, penalty or 
fine that is otherwise available by law, even if only in the jurisdiction of the Superior 
Court, may be achieved by consent agreement, including long-term suspension and 
permanent revocation of a professional or occupational license. A consent agreement 
is not subject to review or appeal and may be modified only by a writing executed by 
all parties to the original consent agreement. A consent agreement is enforceable by 
an action in Superior Court. 
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D. The office, board or commission may: 
(3) 
Except as provided in Title 37-B, section 390-A, adopt rules requiring 
continuing professional or occupational' education and require applicants for 
license renewal to present proof of satisfactory completion of continuing 
professiOlialor occupational education in accordance with such rules. Failure to 
comply with the continuing education rules is punishable by nonrenewal of the 
license and other discipline authorized by this subsection. NotWithstanding any 
contrary provision set forth in the governing law of an office, board or 
commission, continuing education requirements may coincide with the license 
renewal' period. 
Rules adopted pursuant to this subparagraph are routine 
technical rules as described in Title 5, chapter 375, subchapter 2-A; 
(4) Issue continuing education deferments in cases of undue hardship; 
(5) Grant inactive status .licenses to licensees in accordance with rules that may 
be adopted by each office, board or commission. The fee for an inactive status 
license may not exceed the statutory fee cap for license renewal set forth in the 
governing law of the offic~, board or commission.' Licensees in inactive status 
are required to pay license renewal fees for renewal of an inactive status license 
and may be required to pay a reinstatement fee as set by the Director of the 
Office of Licensing and Registration if the license is reactivated on a date other 
than the ordinary renewal date of the license. Any rules of an office, board or 
commission regulating inactive status licensure must describe the obligations of 
an inactive status licensee with respect to any ongoing continuing education 
requirement in effect for licensees of the office, board or commission and must 
set forth any requiremerits for rdnstatement to active status, which requirements 
may include continuing education. Rules adopted pursuant to this subparagraph 
are routine technical rules as described in Title 5, chapter 375, subchapter 2-A; 
and 
(6) 
Delegate to staff the authority to review and approve applications for 
licensure pursuant to procedures and criteria established by rule. Rules adopted 
pursuant to this subparagraph are routine technical rules as described in Title 5, 
chapter 375, subchapter 2-A. 
E. The office, board or commission may require surrender of licenses. In order for a 
licensee's surrender of a Iipense to be effective, a surrender must first be accepted by 
vote of the office, board or commission. The office, board or commission may refuse 
to accept surrender of a license if the licensee is under investigation or is the subject 
of a pending complaint or proceeding, unless a consent agreement is first entered into 
pursuant to this subsection. The consent agreement may include terms and conditions 
for reinstatement. 
F. The office, board or commission may issue a letter of guidance or concern to a 
licensee. 
A letter of guidance or concern may be used to educate, reinforce 
knowledge regarding,legal or professional obligations or express concern over action 
or inaction by the licensee that does not rise to the level of misconduct sufficient to 
merit disciplinary action.' The issuance of a letter of guidance or concern is not a 
formal proceeding and does not constitute an adverse disciplinary action of any form. 
Notwithstanding any other provision of. law, letters of guidance or concern are not 
confidential. The office, board or commission may place letters of guidance or 
concern, together with any underlying complaint, report and investigation materials, 
. in a licensee's file for a specified period of time, not to exceed 10 years. Any letters, 
complaints and materials placed on file may be accessed and considered by the 
office, board or commission in any subsequent action commenced against the 
licensee within the specified time frame. 
Complaints, reports and investigation 
materials placed on file are confidential only to the extent that confidentiality is 
req uired pursuant to Title 24, chapter 21. 
G. The office, board or commission may establish, by rule, procedures for licensees 
. in another state to be licensed in this State by written agreement with another state, 
by entering into written licensing compacts with other states or by any other method 
of licens'e recognition considered appropriate that ensures the health,' safety and 
welfare of the public; Rules adopted pursuant to this paragraph are routine technical 
rules pursuant to Title 5, chapter 375, subchapter 2-A. 
The jurisdiction to suspend and revoke impose discipline against occupational and 
professional licenses conferred by this subsection is concurrent with that of the District 
Court. Civil penalties must be paid to the Treasurer of State. 
Any nonconsensual disCiplinary action taken under authority of this subsection other than 
denial or nonrenewal of a license may be imposed only after a hearing conforming to the' 
requirements of Title 5, chapter 375, subchapter 4, and, except for revocation actions, is 
subject to judicial review exclusively in thy Superior Court in accordance with Title 5, 
chapter 315; subchapter 7. 
The office, board or commission shall hold a hearing conforming to the requirements of 
Title 5, chapter 375, subchapter 4 at the written request of any person who is denied an 
initial or renewal license without a hearing for any reason.other than failure to pay a fee, 
provided that the request for hearing is received by the office, board or commission 
within 30 days of the applicant's receipt of written notice of the denial of the application, 
the reasons for the denial and the applicant's right to request a hearing. 
The office; board or commission may subpoena witnesses, records and documents in any 
adjudicatory hearing it conducts. 
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Any nonconsensual revocation of a professional or occupational license taken under 
authority of this subsection is subject to, upon appeal within the time frames provided in 
Title 5, section 11002, subsection 3, de novo judicial revie't't' exclusively in District Court. 
Rules adopted to govern judicial appeals from agency action apply to cases brought under 
this subsection. 
SUMMARY 
This bill contains various updating and streamlining provisions. It corrects a cross-
reference. in the Charitable Solicitations Act and grants state electrical inspectors 
authority to issue an order of correction to an electrician when violations to the National 
Electrical Code are found. 
Currently,electrical inspectors can only issue orders of 
correction to homeowners. It removes a reference to the National Electrical Code in the 
licensure requirements for a limited electrician in low energy. 
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The bill eliminates the requirement for licensed podiatrists, chiropractors, radiologic 
technologists, physical therapists and real estate appraisers to publicly display licenses 
and repeals. the license displayrequirement from the Maine Revised Statutes, Title 10. It 
also eliminates the sworn statement requirement for the applications for licensure for 
interpreters for deaf and hard-of-hearing persons. 
It clarifies language concerning 
podiatric assistants. It also grants authority to licensed psychologists and audiologists to 
use assistive personnel in the practice setting. It corrects the quorum requirement for the 
Board of Counseling Professionals Licensure and the State Board of Alcohol and Drug 
Counselors. It also changes professional qualification requirements for real estate brokers 
and rt!al estate appraisers and amends the definition of "federally related transaction" in 
the Real Estate Appraisal Licensing and Celiification Act to comply with federal law. 
. The bill clarifies that appeals from final decisions of licensing programs within the 
Department of Professional and Financial Regulation, Office of Licensing and 
Registration, including decisions to suspend or revoke a license, are to the Maine 
Superior Court. It also clarifies that appeals to the Superior Court are based on the record 
made by the licensing entity. Finally, the bill clarifies that conviction of a-crime may be 
cOIlsidered in license denial matters to the extent pennitted by the occupational license 
disqualification law. 
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