An Act To Establish an Office of Administrative Law Judges for Licensing Boards (
Maine Legislature, Session 124, LD 1608
Committee: Business, Research and Economic Development
Sponsors: GOODALL, BEAUDETTE, DOSTIE, FLAHERTY, HAYES, NELSON, O'BRIEN, WATSON
Amends: 10 MRSA §8001, 10 MRSA §8003

Legislative. Document 
No. 1608 
H.P . .1136 
House of Representatives, December 23,20.0.9 
An Act To Establish an Office of Administrative Law Judges for 
Licensing Boards 
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Approved for introduction by a majority of the Legislative Council pursuant to 10intRuie 
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20.3. 
Received by the Clerk of the House on December 21,20.0.9. Referred to the Committee on 
Business, Research and Economic Development pursuant to Joint Rule 30.8.2 and ordered 
printed pursuant to 10int Rule 40. I. 
Presented by Representat~ve SMITH of Monmouth. 
Cosponsored by Senator GOODALL of Sagadahoc and 
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1J1.1ll1LC~)/ui 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BEAUDETTE of Biddeford, DOSTIE of Sabattus, FLAHERTY of 
Scarborough, HAYES of Buckfield, McC ABE of Skowhegan, NELSON of Falmouth, 
O'BRIEN of Lincollwille, WATSON of Bath. 
Primed lin recycled paper 
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Be it enacted by the People oftJIeState of Maine as follows: 
Sec.!. 10 MRSA §8001, sub-§3-A, as enacted by PL2001, c. 182, §5, IS 
amended to read: 
3-A. Office of Securities. Office of Securities; aOO 
Sec. 2. 10 MRSA §8001, sub-§3-B is enacted to read: 
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3-B. Independent Office of Administrative Law Judges. Independent Office of 
Administrative Law Judges; and 
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Sec.3. 10 MRSA §8003, sub-§2,..B is enacted to read: 
. 2-B. Independent Office of Administrative Law Judges. Effective October 1, 
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2011, the Independent Office of Administrative Law Judges, as set forth in section 8001, 
subsection 3-B, is established within the department. 
The Independent Office of 
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Administrative Law Judges is responsible for hearing and deciding all occupational and 
professional. licensing enforcement actions that are brought against a licensee or a 
registrant and referred by the Office of Licensing and Registration. 
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A. 
The commissioner' may appoint a director of the Independent Office of. 
Administrative Law Judges, who must be either a licensed attorney admitted to the 
practice of law in the State or a retired judge of the District Court or. Superior Court. 
The director may hire administrative 'Iaw judges necessary to perform the 
responsibilities under this section. An administrative law judge must be admitted to 
the practice of law in the State and registered with the Board of Overseers of the Bar 
or be. a retired judge of the District Court or Superior Court. The director may hire 
clerical and technical assistants necessary to discharge the duties of the office and 
shall outline their duties and fix their compensation, subject to the Civil Service Law. 
B. The Maine Rules of Evidence apply in all enforcement actions brought under this 
subsection against a licensee or registrant, and the parties may conduct and use the 
same discovery procedures as provided in the Maine Rules of Civil Procedure. 
C. 
A person aggrieved' by an enforcement of the Independent Office of 
.' Administrative Law Judges may, within 30 days of the enforcement action, appeal to 
the District Court. 
Sec. 4. Transition. The Commissioner of Professional and Financial Regulation 
shall identify the statutory and rule changes necessary to implement this Act, including, 
but not limited to, identifying those changes necessary to authorize the Independent 
Office of Administrative Law Judges~ established in the Maine Revised Statutes, Title 10, 
section 8003, subsection. 2..;B, to hear and decide all licensing board enforcement actions 
and for licensing boards to receive, review. and investigate licensing complaints for 
referral to the Independent Office of Administrative Law Judges. The commissioner 
shall submit a report that includes the commissioner's findings and recommendations, 
including suggested legislation to implem~nt the statutory changes; to the joint standing 
committ~e of the Legislature having jurisdiction over business, research and economic 
development matters by January 15, 2011. After receipt and review of the report, the 
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joint standing committee of the Legislature having jurisdiction over business, research 
and economic development matters may submit legislation to the First Regular Session of 
the 125th Legislature. 
Sec. 5. Effective date. Those sections of this Act thatamend the Maine Revised 
Statutes, Title 10, section 800 I, subsection 3-A and enact Title 10, section 8001, 
subsection 3-B and Title 10, section 8003, subsection 2-B take effect October 1,2011. 
SUMMARY 
This bill establishes the Independent Office of Administrative Law Judges to decide 
cases related to licensing complaints from licensing boards under the Department of 
Professional and Financial Regulation.