An Act To
Maine Legislature, Session 124, LD 0462
Committee Amendment CA_A_S83 (Senate)
Amends: 22 MRSA §1558, 28-A MRSA §803

COMMITTEE AMENDMENT "A " to S.P. 165, L.D.' 462, Bill, "An Act To 
Amend the Retail Tobacco and Liquor Licensing Laws" 
Amend the bill by striking out all of section 5 (page 2, lines 8 to 40 in L.D.) and 
inserting the following: 
'Sec. 5. 22 MRSA §1558, sub-§2, as enacted by PL 1995, c. 470, §9 and affected 
by §19 and amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is further 
amended to read: 
2. Notice and hearing. Except as provided under subsection 7, upon receipt of a 
signed complaint prepared under subsection 1 ,paragraph A, the' District Court shall 
notify the licensee and hold a hearing notice must be provided and a hearing must be held 
according to the following procedures. 
A. 
The District Court commissioner or the commissioner's designee shall notifY the 
licensee or the licensee's agent or employee by serving the licensee or the licensee's 
agent or employee with a copy of the complaint and a notice that states the time and 
place of the hearing and that the licensee or the licensee's agent or employee' may 
appear in person or be represented by counsel at the hearing. 
Service of the 
complaint and hearing notice upon the licensee is sufficient when served in hand by 
the commissioner's designee or When sent by registered or certified mail at least 7 
days before the date of the hearing to the address given by the licensee at the time of 
application for a license. 
Service of the complaint and hearing notice upon a 
licensee's agent or employee is sufficient when served in hand by the comrriissioner's 
designee or when sent by registered or certified mail at least 7 days before the date of 
the hearing to the address given by the agent or employee at the time the agent or 
employee was initially notified by the department of the violation. The commissioner 
or the commissioner's designee shall file proof of service with the District Court. 
B. 
The District Court shall conduct a hearing limited to the facts, laws and rules 
specified in the complaint. 
C. 
The District Court shall conduct the hearing in the following manner. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 165, L.D. 462 
(1) The District Court may subpoena and O)mmine '.vitnesses, administer oaths 
and subpoena and administer oaths to witnesses and issue subpoenas at the 
request of any party, including subpoenas to compel the attendance of parents 
and legal guardians of unemancipated minors. 
(a) The dep&rtment shall pay to the witnesses the legal fees for travel and 
attendance, except that, notwithstanding Title 16, section 253, the department 
is not required to pay the fees before the travel and attendance occur. 
(2) , Hearsay testimony is not admissible during the hearing. The Iicensees~. 
agents or employees named in the complaint have the right to have all witnesses 
testifY in person at the hearing. 
(3) The District Court shall state in 'tVriting the findings and render a decision in 
each case based on the facts, laws and rules cited in the complaint. The findings 
must specifY the facts found and the laws or rules violated.' 
Amend the bill by striking out all of section 7 (page 3, lines 15 to 40 and page 4, lines 
to 9 in L.D.) and inserting the following: 
' 
'Sec. 7. 28-A MRSA §803, sub-§2, as amended by PL 1997, c. 373, §77 and PL 
1999, c. 547, Pt. B,§78 and affected by §80, is further amended to read: 
2. Notice and hearing.' Except as provided under subsection 6, upon receipt of a 
signed complaint prepared under subsectioll I, paragraph A, the District Court Judge shall 
notify the licensee and hold a hearing notice must be provided and a hearing must be held 
according to the following procedures. 
A. 
The District Court Judge commissioner or the commissioner's designee shall 
notify the license'e or the licensee's agent or employee by serving on the licensee or 
the licensee's agent or employee acopyofthe complaint and a notice stating the time 
and place of the hearing and that the licensee or the licensee's agent or employee may 
, appear in person or by counsel at the hearing. Service of the complaint and hearing 
, notice upon the licensee is' sufficient -if when 'served hI hand by the commissioner's 
designee or when sent by registered or certified mail at least 7 days before the date of 
the hearing to the address given by the licensee at the time of the licensee's 
application for a license. 
Service of the complaint and hearing notice upon a 
licensee's agent or employee is sufficient when served in hand by the commissioner's 
designee or when sent by registered or certified mail at least 7 days before the date of 
the hearing to the address given by the agent or employee at the time the agent or 
employee was initially notified by the bureau of the violation. The commissioner or 
the commissioner's designee shall file proof of service with the District Court. 
S. 
The District Court Juage shall conduct a hearing limited to the facts, the law and 
rules of the bureau, as specified in the complaint. 
C. 
The District Court Juage shall conduct the hearing in the following manner. 
(1) The District Court Juage may subpoena and e]mmine 'tVitnesses, administer 
oaths Q:nd subpoena and administer oaths to witnesses and .issue subpoenas at the 
request of any party, including subpoenas to compel the attendance of parents 
and legal guardians of unemancipated minors. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"A" to S.P. \65, LD. 462 
(a) 
The bu~eall shall pay to the witnesses the legal fees for travel and 
attendarice, except that, notwithstanding Title 16, section 253, the bureau is 
not required to pay the fees before the travel and attendance occur. 
(2) Hearsay testimony is not admissible during the hearing. The licensees, agents 
or employees named in the complaint have the right to have all witnesses testify 
in person at the hearing. 
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(3) The District Court J.tffi.ge shall conduct hearings in one or more designated 
places that are the most convenient and economical for all parties concerned in 
the hearing. 
D. 
The District Court J.tffi.ge shall state in writing the findings and render a decision 
in each case, ~ased upon the facts, the law and the rules of the bureau. The findings 
must specify the facts found and the'law or rules found to be violated.' 
SUMMARY 
This amendment provides consistent notice and hearing procedures for the District 
Court to follow when retail tobacco licensees and liquor licensees or their agents and 
employe~s are c;:harged with administrative violations. 
FISCAL :\OTE REQUIRED 
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(See ~tt~~~edl 
COMMITTEE AMENDMENT 
Approved: .04115109 frac:.. 
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LD462 
LR 498(02) 
An Act To Amend the Retail Tobacco and Liquor Licensing Laws 
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Fiscal Note for Bill as Amended by Committee Amendment "fJe 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
2009-10 
2010-11 
Projections 
2011-12 
Projections· 
2012-13 
. Net Cost (Savings) 
General Fund 
Revenue 
General Fund 
($167,493) . 
$167,493 
$0 
$0 
$0 
$0 
$0 
$0 
Fiscal Detail and Notes 
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The bilI's change to the term of tobacco licenses from the current start date of July 30th to ApriL 1 st would result in the 
collection of two years of annual license fees in fiscal year 2009-10. The fiscal note reflects the one-time impact of an 
additional year of license fees collected in 2009-10. 
LR0498(02) - Fiscai"Note - Page 1 of 1 
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