An Act To Implement Recommendations of the Commission To Study Priorities and Timing of Judicial Proceedings in State Courts
Maine Legislature, Session 125, LD 1802
Committee: Judiciary
Amends: 1 MRSA §409, 4 MRSA §184, 7 MRSA §3952, 8 MRSA §230, 9-B MRSA §363-A, 9-B MRSA §367-A, 9-B MRSA §369, 10 MRSA §1020-A, 10 MRSA §1104, 13-C MRSA §1604, 13-C MRSA §1605, 14 MRSA §556, 15 MRSA §5826, 17 MRSA §1021, 17 MRSA §1027, 17 MRSA §2911, 17 MRSA §2913, 17-A MRSA §959, 17-A MRSA §960, 22 MRSA §1558, 22 MRSA §1559, 22 MRSA §1602, 22 MRSA §7933, 26 MRSA §968, 26 MRSA §979-H, 26 MRSA §1029, 26 MRSA §1289, 26 MRSA §1329, 28-A MRSA §803, 28-A MRSA §805, 28-A MRSA §2221-A, 32 MRSA §1104, 34-B MRSA §13003, 38 MRSA §1022, 29-A MRSA §2603, 5 MRSA §4651, 5 MRSA §4653, 5 MRSA §4654

Legislative Document 
No. 1802 
S.P. 622 
In Senate, February 2, 2012 
An Act To Implement Recommendations of the Commission To 
Study Priorities and Timing of Judicial Proceedings in State Courts 
Reported by Senator HASTINGS of Oxford for the Joint Standing Committee on Judiciary 
pursuant to Resolve 2011, chapter 104, section 9. 
Reference to the Committee on Judiciary suggested and ordered printed pursuant to Joint 
Rule 218. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-1.  1 MRSA §409, sub-§1, as amended by PL 2009, c. 240, §5, is further 
amended to read: 
1.  Records. If any body or agency or official who has custody or control of any 
public record refuses permission to inspect or copy or abstract a public record, this denial 
must be made by the body or agency or official in writing, stating the reason for the 
denial, within 5 working days of the request for inspection by any person. Any person 
aggrieved by denial may appeal, within 5 working days of the receipt of the written notice 
of denial, to any Superior Court within the State. If a court, after a trial de novo, 
determines such denial was not for just and proper cause, it shall enter an order for 
disclosure. Appeals are privileged in respect to their assignment for trial over all other 
actions except writs of habeas corpus and actions brought by the State against individuals 
may be advanced on the docket and receive priority over other cases when the court 
determines that the interests of justice so require. 
Sec. A-2.  1 MRSA §409, sub-§2, as amended by PL 2007, c. 695, Pt. C, §1, is 
further amended to read: 
2.  Actions. If any body or agency approves any ordinances, orders, rules, 
resolutions, regulations, contracts, appointments or other official action in an executive 
session, this action is illegal and the officials responsible are subject to the penalties 
hereinafter provided. Upon learning of any such action, any person may appeal to any 
Superior Court in the State.  If a court, after a trial de novo, determines this action was 
taken illegally in an executive session, it shall enter an order providing for the action to 
be null and void.  Appeals are privileged in respect to their assignment for trial over all 
other actions except writs of habeas corpus or actions brought by the State against 
individuals may be advanced on the docket and receive priority over other cases when the 
court determines that the interests of justice so require. 
Sec. A-3.  4 MRSA §184, sub-§6, as amended by PL 2001, c. 471, Pt. D, §6, is 
further amended to read: 
6.  Emergency proceedings.  The District Court has jurisdiction to revoke 
temporarily or suspend a license without notice or hearing upon the verified complaint or 
complaint accompanied by affidavits of a licensing agency or the Attorney General.  The 
verified complaint or complaint accompanied by affidavits must demonstrate that 
summary action is necessary to prevent an immediate threat to the public health, safety or 
welfare. Upon issuance of an order revoking or suspending a license under this section, 
the District Court shall promptly schedule an expedited a hearing on the agency's 
complaint.  The hearing may be advanced on the docket and receive priority over other 
cases when the court determines that the interests of justice so require.  Any order 
temporarily suspending or revoking a license expires within 30 days of issuance unless 
renewed by the court after such hearing as it may determine necessary. 
This subsection may not be considered to abridge or affect the jurisdiction of the Superior 
Court or District Court to issue injunctive relief or to exercise such other powers as may 
be authorized by law or rule of the court. 
Sec. A-4.  7 MRSA §3952, sub-§4-B, ¶B, as enacted by PL 1999, c. 350, §2, is 
amended to read: 
B.  The court shall hear and determine the motion as expeditiously as possible, and 
the hearing may be advanced on the docket and receive priority over other cases 
when the court determines that the interests of justice so require. 
Sec. A-5.  8 MRSA §230, as amended by PL 1985, c. 506, Pt. B, §§7 and 8, is 
further amended to read: 
§230.  Appeals 
Any person aggrieved by any decision of the Commissioner of Public Safety may 
appeal the decision to the Superior Court within 30 days.  The court shall immediately, 
after notice and hearing, affirm or reverse the commissioner's decision.  The finding of 
the Superior Court may be reviewed by appeal to the Supreme Judicial Court sitting as 
the Law Court. 
Sec. A-6.  9-B MRSA §363-A, sub-§10, ¶A, as enacted by PL 2005, c. 83, §7, is 
amended to read: 
A.    The proceedings must be given precedence over other pending court cases and 
must be expedited may be advanced on the docket and receive priority over other 
cases when the court determines that the interests of justice so require.  The person 
bringing the action has the burden of proof to show that the act or omission is 
unlawful or arbitrary and capricious.  Only the financial institution may bring an 
action challenging the superintendent's order establishing the conservatorship.  The 
court must uphold the superintendent's order establishing the conservatorship and the 
appointment of a conservator unless the court finds that the superintendent's action 
was unlawful or arbitrary and capricious. 
Sec. A-7.  9-B MRSA §367-A, sub-§4, as enacted by PL 2005, c. 83, §10, is 
amended to read: 
4.  Proceedings generally.  The superintendent, conservator or receiver may bring an 
action described in this chapter, or any other action as determined appropriate, in the 
county in which the financial institution is located or has its principal place of business or 
in the Superior Court of Kennebec County. The proceedings must be given precedence 
over other pending court cases and must be expedited may be advanced on the docket and 
receive priority over other cases when the court determines that the interests of justice so 
require. 
Sec. A-8.  9-B MRSA §369, sub-§2, ¶A, as enacted by PL 2009, c. 228, §7, is 
amended to read: 
A.  Any proceedings under this section must be given precedence over other pending 
court cases and must be expedited may be advanced on the docket and receive 
priority over other cases when the court determines that the interests of justice so 
require.  The person bringing the action has the burden of proof to show that the act 
or omission is unlawful or arbitrary and capricious.  
Sec. A-9.  10 MRSA §1020-A, sub-§7, ¶D, as enacted by PL 2007, c. 464, §6, is 
amended to read: 
D.  Any responsible party may appeal a decision by the Department of Environmental 
Protection to the Kennebec County Superior Court pursuant to Title 5, section 9061 
within 30 days of the date of the decision. An appeal under this paragraph is 
nontestimonial. The record consists solely of written materials reviewed by the 
Department of Environmental Protection and its decision. The Superior Court shall 
issue its decision within 45 days of the date of filing of the appeal. 
Sec. A-10.  10 MRSA §1104, sub-§2, ¶B, as enacted by PL 1987, c. 60, §1, is 
repealed and the following enacted in its place: 
B.  The action may be advanced on the docket and receive priority over other cases 
when the court determines that the interests of justice so require. 
Sec. A-11.  13-C MRSA §1604, sub-§2, as amended by PL 2007, c. 323, Pt. C, 
§38 and affected by Pt. G, §4, is further amended to read: 
2.  Court order.  If a corporation does not within a reasonable time allow a 
shareholder to inspect and copy any other record pursuant to this Act, the shareholder 
who complies with section 1602, subsections 3 and 4 may apply to the Superior Court in 
the county where the corporation's principal office is located or, if none in this State, in 
Kennebec County for an order to permit inspection and copying of the records demanded.  
The court shall dispose of an application under this subsection on an expedited basis.  An 
application under this subsection may be advanced on the docket and receive priority 
over other cases when the court determines that the interests of justice so require. 
Sec. A-12.  13-C MRSA §1605, sub-§2, as amended by PL 2007, c. 323, Pt. C, 
§39 and affected by Pt. G, §4, is further amended to read: 
2.  Court order.  The Superior Court of the county where the corporation's principal 
office is located or, if there is no principal office in this State, of Kennebec County may 
order inspection and copying of the books, records and documents at the corporation's 
expense, upon application of a director who has been refused inspection rights under 
subsection 1, unless the corporation establishes that the director is not entitled to such 
inspection rights.  The court shall dispose of an application under this subsection on an 
expedited basis.  An application under this subsection may be advanced on the docket and 
receive priority over other cases when the court determines that the interests of justice so 
require. 
Sec. A-13.  14 MRSA §556, first ¶, as enacted by PL 1995, c. 413, §1, is 
amended to read: 
When a moving party asserts that the civil claims, counterclaims or cross claims 
against the moving party are based on the moving party's exercise of the moving party's 
right of petition under the Constitution of the United States or the Constitution of Maine, 
the moving party may bring a special motion to dismiss.  The court shall advance the 
special motion so that it may be heard and determined with as little delay as possible.  
The special motion may be advanced on the docket and receive priority over other cases 
when the court determines that the interests of justice so require.  The court shall grant 
the special motion, unless the party against whom the special motion is made shows that 
the moving party's exercise of its right of petition was devoid of any reasonable factual 
support or any arguable basis in law and that the moving party's acts caused actual injury 
to the responding party.  In making its determination, the court shall consider the pleading 
and supporting and opposing affidavits stating the facts upon which the liability or 
defense is based. 
Sec. A-14.  15 MRSA §5826, sub-§5, as enacted by PL 1995, c. 421, §1, is 
amended to read: 
5.  Ancillary hearing of 3rd-party interests.  A person not charged in the 
indictment may not intervene in the criminal action.  Following the entry of a verdict of 
forfeiture of property pursuant to this section or the entry of a guilty plea in open court on 
the record, the State shall provide written notice of its intent to dispose of the property to 
any person known to have alleged an interest in the property.  The notice may be by 
certified, return receipt mail or as otherwise ordered by the court.  Receipt by a person 
then licensed to operate a motor vehicle in the State is presumed when notice is mailed to 
the last known address of that person on file with the Secretary of State, Bureau of Motor 
Vehicles.  A person other than the defendant asserting a legal interest in the property, 
within 30 days of the date of receipt of the notice, may petition the court for a hearing to 
adjudicate the validity of any alleged interest in the property.  The hearing must be held 
before the court without jury.  The request for the hearing must be signed by the 
petitioner under penalty of perjury and must state the nature and extent of the petitioner's 
right, title or interest in the property, the time and circumstances of the petitioner's 
acquisition of the right, title or interest in the property, any additional facts supporting the 
petitioner's claim and the relief sought.  Upon the filing of any petition for hearing, the 
court shall schedule the hearing as soon as practicable may be advanced on the docket 
and receive priority over other cases when the court determines that the interests of 
justice so require but in no event may the hearing be scheduled later than 6 months after 
the petition is filed or after the sentencing of any defendant convicted upon the same 
indictment.  The court shall issue or amend a final order of forfeiture in accordance with 
its determination if, after the hearing, the court determines that the petitioner has 
established by a preponderance of the evidence that: 
A.  The petitioner has a legal right, title or interest in the property and the right, title 
or interest renders the order of forfeiture invalid in whole or in part because the right, 
title or interest was vested in the petitioner rather than in any defendant or was 
superior to any right, title or interest to the exclusion of any defendant at the time of 
the commission of the acts that gave rise to the forfeiture of the property under this 
section; or 
B.   The petitioner is a bona fide purchaser for value of the right, title or interest in the 
property and was at the time of purchase reasonably without cause to believe that the 
property was subject to forfeiture under this section. 
Sec. A-15.  17 MRSA §1021, sub-§4, ¶C, as enacted by PL 1987, c. 383, §4, is 
amended to read: 
C.  On 2 days' notice or such shorter period as the court may prescribe, the applicant 
who obtained the ex parte order or the owner whose animal has been possessed 
pursuant to an ex parte order may appear in the District Court or Superior Court and 
move the dissolution or modification of the ex parte order. 
The court shall hear and determine the motion as expeditiously as, and the hearing 
may be advanced on the docket and receive priority over other cases when the court 
determines that the interests of justice requires so require. 
The moving party shall submit an affidavit setting forth specific facts to substantiate 
such findings as would serve to modify or dissolve the order.  The opposing party 
shall have the burden of presenting evidence to substantiate the original findings. 
Sec. A-16.  17 MRSA §1021, sub-§5-A, as amended by PL 2009, c. 573, §1, is 
further amended to read: 
5-A.  Seizure by state humane agent or state veterinarian without court order.  
A state humane agent or a state veterinarian who has reasonable cause to believe that a 
violation of section 1031 or 1032 has taken place or is taking place may take possession 
of and retain the cruelly treated animal.  Upon taking possession of an animal under this 
section, the humane agent or the state veterinarian shall present the owner with a notice 
that: 
A.  States the reason for seizure; 
B.  Gives the name, address and phone number of the humane agent or the state 
veterinarian to contact for information regarding the animal; and 
C.  Advises the owner of the ensuing court procedure. 
If the owner can not be found, the humane agent or the state veterinarian shall send a 
copy of the notice to the owner at the owner's last known address by certified mail, return 
receipt requested.  If the owner is not known or can not be located, the humane agent or 
the state veterinarian shall contact the animal shelter or shelters used by the municipality 
in which the animal was found.  The humane agent or the state veterinarian shall provide 
the shelter with a description of the animal, the date of seizure and the name of a person 
to contact for more information. 
Within 3 working days of possession of the animal, the humane agent or the state 
veterinarian shall apply to the court for a possession order.  Upon good cause shown, the 
court shall expedite the case and schedule a prehearing conference to take place within 7 
days of the seizure.  The court shall set a hearing date, and that the hearing date must be 
within 21 days of the date the animal was seized may be advanced on the docket and 
receive priority over other cases when the court determines that the interests of justice so 
require.  The humane agent or the state veterinarian shall arrange care for the animal, 
including medical treatment, if necessary, pending the hearing. 
The humane agent or the state veterinarian shall notify the owner, if located, of the time 
and place of the hearing.  If the owner has not been located, the court shall order a notice 
to be published at least once in a newspaper of general circulation in the county where the 
animal was found stating the case and circumstances and giving 48 hours notice of the 
hearing. 
It is the owner's responsibility at the hearing to show cause why the animal should not be 
seized permanently or disposed of humanely.  If it appears at the hearing that the animal 
has been abandoned or cruelly treated by its owner, the court shall declare the animal 
forfeited and order its sale, adoption or donation or order the animal to be disposed of 
humanely if a veterinarian determines that the animal is diseased or disabled beyond 
recovery.  In the case of an expedited hearing, the court shall issue a writ of possession or 
return the animal to its owner within 30 days of the seizure. 
For an expedited hearing, the State, prior to the prehearing conference, shall submit all 
veterinary records, reports by investigating officers and other relevant records in the 
State's possession to the court and shall mail or deliver copies of these same reports and 
records to the owner of the animal. 
All veterinary records, seizure reports prepared by humane agents, police reports, witness 
statements or other written documents are admissible as evidence when the authors of 
these documents are available for cross-examination at a possession hearing.  Oral 
statements of a witness included in a police report are only admissible if the witness is 
present at the possession hearing. 
Sec. A-17.  17 MRSA §1027, sub-§2, as enacted by PL 2007, c. 439, §36, is 
amended to read: 
2.  Show cause hearing.  When an animal is lawfully seized or impounded pursuant 
to section 1021 or 1034, if the owner, custodian or person claiming an interest in the 
animal wishes to contest the order, the owner, custodian or person claiming an interest 
must petition the court for a show cause hearing.  The petition must be filed within 10 
days of the date the seizure occurred or the search warrant was executed.  If the owner 
fails to petition the court for a hearing within 10 days, the animal is ordered forfeited to 
the State. 
Upon petition by the owner, custodian or person claiming an interest in the animal in 
accordance with this subsection, the court shall hold a hearing within 10 days of receipt 
of the petition.  The hearing may be advanced on the docket and receive priority over 
other cases when the court determines that the interests of justice so require.  Upon a 
showing of good cause, the court may extend the time needed to hold the hearing.  
Sec. A-18.  17 MRSA §2911, sub-§3, as enacted by PL 1977, c. 410, §2, is 
amended to read: 
3.  Procedure for adjudicating obscenity. Whenever the Attorney General, or any 
district attorney, reasonably believes a person is disseminating to minors matter which 
that is obscene, he the Attorney General or district attorney may petition the Superior 
Court to declare the matter obscene pursuant to Title 14, sections 5951 to 5963. The 
Attorney General or district attorney may join all persons he the Attorney General or 
district attorney reasonably believes to be disseminating that matter to minors as parties 
to the action. The hearing on such petition shall be held not more than 10 days from the 
filing of the petition may be advanced on the docket and receive priority over other cases 
when the court determines that the interests of justice so require.  
A.  Trial on the issue of obscenity shall must be by jury. 
B.  Intervention by others disseminating the same matter shall must be freely allowed. 
C.  Determination by a court pursuant to this subsection that a matter is obscene shall 
does not bar relitigation of that issue in a criminal prosecution under this section. 
Sec. A-19.  17 MRSA §2913, sub-§3, as enacted by PL 1983, c. 300, §7, is 
amended to read: 
3.  Procedure for adjudicating obscenity. Whenever the Attorney General, or any 
district attorney, reasonably believes a person is exhibiting at an outdoor motion picture 
theater a motion picture which that is obscene, he the Attorney General or district 
attorney may petition the Superior Court to declare the motion picture obscene pursuant 
to Title 14, sections 5951 to 5963. The Attorney General, or district attorney, may join all 
persons he the Attorney General or district attorney reasonably believes to be exhibiting 
that motion picture to minors as parties to the action. The hearing on that petition shall be 
held not more than 10 days from the filing of the petition may be advanced on the docket 
and receive priority over other cases when the court determines that the interests of 
justice so require.  
A.  Trial on the issue of obscenity shall must be by jury. 
B.  Intervention by others exhibiting the same motion picture shall must be freely 
allowed. 
C.  Determination by a court, pursuant to this subsection, that a motion picture is 
obscene shall does not bar relitigation of that issue in a criminal prosecution under 
this section. 
Sec. A-20.  17-A MRSA §959, sub-§3, ¶D, as enacted by PL 2001, c. 461, §2, is 
amended to read: 
D.  A court shall promptly, but not less than 2 weeks after notice, hold a hearing on 
the petition after an answer is filed by a person served with notice under paragraph C.  
At the hearing, the court shall hear evidence and make findings of fact and enter 
conclusions of law. 
Sec. A-21.  17-A MRSA §960, sub-§5, as enacted by PL 2001, c. 461, §2, is 
amended to read: 
5.    A person not charged in an indictment under this section may not intervene in the 
criminal action.  Following the entry of a verdict of forfeiture of property pursuant to this 
section or the entry of a guilty plea in open court on the record, the State shall provide 
written notice of its intent to dispose of the property to any person known to have alleged 
an interest in the property.  The notice may be by certified, return receipt mail or as 
otherwise ordered by the court.  Receipt by a person then licensed to operate a motor 
vehicle in the State is presumed when notice is mailed to the last known address of that 
person on file with the Department of the Secretary of State, Bureau of Motor Vehicles.  
A person other than the defendant asserting a legal interest in the property within 30 days 
of the date of receipt of the notice may petition the court for a hearing to adjudicate the 
validity of any alleged interest in the property.  The hearing must be held before the court 
without jury.  The request for the hearing must be signed by the petitioner under penalty 
of perjury and must state the nature and extent of the petitioner's right, title or interest in 
the property, the time and circumstances of the petitioner's acquisition of the right, title or 
interest in the property, any additional facts supporting the petitioner's claim and the relief 
sought.  Upon the filing of any petition for hearing, the court shall schedule the hearing as 
soon as practicable, but in no event later than 6 months after the petition is filed or after 
the sentencing of any defendant convicted upon the same indictment.  The court shall 
issue or amend a final order of forfeiture in accordance with its determination if, after the 
hearing, the court determines that the petitioner has established by a preponderance of the 
evidence that: 
A.  The petitioner has a legal right, title or interest in the property and the right, title 
or interest renders the order of forfeiture invalid in whole or in part because the right, 
title or interest was vested in the petitioner rather than any defendant or was superior 
to any right, title or interest to the exclusion of any defendant at the time of the 
commission of the acts that gave rise to the forfeiture of the property under this 
section; and 
B.  The petitioner is a bona fide purchaser for value of the right, title or interest in the 
property and was at the time of purchase reasonably without cause to believe that the 
property was subject to forfeiture under this section. 
Sec. A-22.  22 MRSA §1558, sub-§3, 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 
repealed. 
Sec. A-23.  22 MRSA §1559, sub-§3, 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 
repealed. 
Sec. A-24.  22 MRSA §1602, sub-§4, as amended by PL 2003, c. 673, Pt. AA, 
§1, is further amended to read: 
4.  Permit denied; appeal. An applicant who has been aggrieved by the department's 
decision to deny a permit under this chapter may file within 30 days of the notice of the 
denial a complaint with the District Court, as provided in Title 5, chapter 375. Such an 
applicant must be granted a prompt A hearing before the District Court for 
reconsideration of the denial may be advanced on the docket and receive priority over 
other cases when the court determines that the interests of justice so require. 
Sec. A-25.  22 MRSA §7933, sub-§3, ¶B, as enacted by PL 1983, c. 454, is 
amended to read: 
B.  A temporary receiver may be appointed with or without notice to the owner or 
licensee if it appears by verified complaint or affidavit that an emergency exists in the 
facility which that must be remedied immediately to insure the health, safety and 
welfare of the residents.  The temporary appointment of a receiver without notice to 
the owner or licensee may be made only if the court is satisfied that the petitioner has 
made a diligent attempt to provide reasonable notice under the circumstances.  Upon 
appointment of a temporary receiver, the department shall proceed forthwith to make 
service as provided in paragraph A, and a hearing shall must be held within 10 days, 
unless all parties agree to a later date.  If the department does not proceed with the 
petition, the court shall dissolve the temporary receivership.  On 2 days' notice to the 
receiver, all parties and the department, or on such shorter notice as the court may 
prescribe, the owner or licensee may appear and move the dissolution or modification 
of an order appointing a receiver which that has been entered without notice, and in 
that event the court shall proceed to hear and determine such motion as expeditiously 
as the ends of justice require motion may be advanced on the docket and receive 
priority over other cases when the court determines that the interests of justice so 
require. 
Sec. A-26.  26 MRSA §968, sub-§5, ¶F, as amended by PL 1993, c. 90, §2, is 
further amended to read: 
F.    Either party may seek a review by the Superior Court of Kennebec County or of 
the county in which the prohibited practice is alleged to have occurred of a decision 
or order of the Maine Labor Relations Board by filing a complaint in accordance with 
the Maine Rules of Civil Procedure, Rule 80C, if the complaint is filed within 15 
days of the date of issuance of the decision. The complaint must be served upon the 
board and all parties to the board proceeding by certified mail, return receipt 
requested.  Upon the filing of the complaint, the court shall set the complaint down 
for hearing at the earliest possible time and shall cause all interested parties and the 
board to be notified.  The hearing may be advanced on the docket and receive priority 
over other cases when the court determines that the interests of justice so require.  
Pending review and upon application of any party in interest, the court may grant 
such temporary relief or restraining order and may impose such terms and conditions 
as it determines just and proper; except that the board's decision is not stayed except 
when it is clearly shown to the satisfaction of the court that substantial and 
irreparable injury will be sustained or that there is a substantial risk of danger to the 
public health or safety.  The executive director shall forthwith file in the court the 
record in the proceeding certified by the executive director or a member of the board. 
The record must include all documents filed in the proceeding and the transcript, if 
any.  After hearing, which must be held not less than 7 days after notice thereof, the 
court may enforce, modify, enforce as so modified or set aside in whole or in part the 
decision of the board, except that the findings of the board on questions of fact are 
final unless shown to be clearly erroneous.  Any appeal to the Law Court must be the 
same as an appeal from an interlocutory order under section 6. 
Sec. A-27.  26 MRSA §979-H, sub-§7, as amended by PL 1993, c. 90, §5, is 
further amended to read: 
7.  Court review.  Either party may seek a review by the Superior Court in Kennebec 
County of a decision or order of the Maine Labor Relations Board by filing a complaint 
in accordance with the Maine Rules of Civil Procedure, Rule 80C, provided if the 
complaint is filed within 15 days of the date of issuance of the decision. The complaint 
must be served upon the board and all parties to the board proceeding by certified mail, 
return receipt requested.  Upon the filing of the complaint, the court shall set the 
complaint down for hearing at the earliest possible time and shall cause all interested 
parties and the board to be notified.  The hearing may be advanced on the docket and 
receive priority over other cases when the court determines that the interests of justice so 
require.  Pending review and upon application of any party in interest, the court may 
grant such temporary relief or restraining order and may impose such terms and 
conditions as it determines just and proper; except that the board's decision or order is not 
stayed except when it is clearly shown to the satisfaction of the court that substantial and 
irreparable injury will be sustained or that there is a substantial risk of danger to the 
public health or safety. The executive director shall forthwith file in the court the record 
in the proceeding certified by the executive director or a member of the board. The record 
must include all documents filed in the proceeding and the transcript, if any. After 
hearing, which must be held not less than 7 days after notice thereof, the court may 
enforce, modify, enforce as so modified or set aside in whole or in part the decision of the 
board, except that the finding of the board on questions of fact is final unless shown to be 
clearly erroneous. Any appeal to the Law Court must be the same as an appeal from an 
interlocutory order under section 6. 
Sec. A-28.  26 MRSA §1029, sub-§7, as corrected by RR 1993, c. 1, §69, is 
amended to read: 
7.  Court review.  Either party may seek a review by the Superior Court in Kennebec 
County of a decision or order of the Maine Labor Relations Board by filing a complaint 
in accordance with the Maine Rules of Civil Procedure, Rule 80C, provided if the 
complaint is filed within 15 days of the date of issuance of the decision.  The complaint 
must be served upon the board and all parties to the board proceeding by certified mail, 
return receipt requested.  Upon the filing of the complaint, the court shall set the 
complaint down for hearing at the earliest possible time and shall cause all interested 
parties and the board to be notified.  The hearing may be advanced on the docket and 
receive priority over other cases when the court determines that the interests of justice so 
require.  Pending review and upon application of any party in interest, the court may 
grant such temporary relief or restraining order and may impose such terms and 
conditions as it determines just and proper; except that the board's decision or order is not 
stayed except when it is clearly shown to the satisfaction of the court that substantial and 
irreparable injury will be sustained. The executive director shall forthwith file in the court 
the record in the proceeding certified by the executive director or a member of the board. 
The record must include all documents filed in the proceeding and the transcript, if any. 
After hearing, which must be held not less than 7 days after notice of the hearing, the 
court may enforce, modify, enforce as so modified, or set aside in whole or in part the 
decision of the board, except that the finding of the board on questions of fact is final 
unless shown to be clearly erroneous. Any appeal to the Law Court must be the same as 
an appeal from an interlocutory order under section 6. 
Sec. A-29.  26 MRSA §1289, sub-§7, as amended by PL 1993, c. 90, §9, is 
further amended to read: 
7.  Court review.  Either party may seek a review by the Superior Court in Kennebec 
County of a decision or order of the Maine Labor Relations Board by filing a complaint 
in accordance with the Maine Rules of Civil Procedure, Rule 80C, provided that if the 
complaint must be is filed within 15 days of the date of issuance of the decision.  The 
complaint must be served upon the board and all parties to the board proceeding by 
certified mail, return receipt requested.  Upon the filing of the complaint, the court shall 
set the complaint down for hearing at the earliest possible time and shall cause all 
interested parties and the board to be notified.  The hearing may be advanced on the 
docket and receive priority over other cases when the court determines that the interests 
of justice so require.  Pending review and upon application of any party in interest, the 
court may grant such temporary relief or restraining order and may impose such terms 
and conditions as it determines just and proper; except that the board's decision or order is 
not stayed except when it is clearly shown to the satisfaction of the court that substantial 
and irreparable injury will be sustained or that there is a substantial risk of danger to the 
public health, safety or welfare or interference with the exercise of the judicial power. 
The executive director shall forthwith file in the court the record in the proceeding 
certified by the executive director or a member of the board.  The record must include all 
documents filed in the proceeding and the transcript, if any.  After hearing, which must be 
held not less than 7 days after notice thereof, the court may enforce, modify, enforce as so 
modified or set aside in whole or in part the decision of the board, except that the finding 
of the board on questions of fact is final unless shown to be clearly erroneous.  Any 
appeal to the Law Court must be expedited in the same manner as an appeal from an 
interlocutory order under section 6. 
Sec. A-30.  26 MRSA §1329, sub-§6, as enacted by PL 1997, c. 472, §1, is 
amended to read: 
6.  Review.  Either party may seek a review by the Superior Court of a decision or 
order of the board by filing a complaint in accordance with the Maine Rules of Civil 
Procedure, Rule 80C, if the complaint is filed within 15 days of the date of issuance of 
the decision. The complaint must be served upon the board and all parties to the board 
proceeding by certified mail, return receipt requested.  Upon the filing of the complaint, 
the court shall schedule the hearing at the earliest possible time and notify all interested 
parties and the board.  The hearing may be advanced on the docket and receive priority 
over other cases when the court determines that the interests of justice so require.  
Pending review and upon application of an interested party, the court may grant 
temporary relief or a restraining order and impose terms and conditions that the court 
determines just and proper, except that the board's decision is not stayed unless it is 
clearly shown to the satisfaction of the court that substantial and irreparable injury will be 
sustained or that there is a substantial risk of danger to the public health or safety.  The 
executive director shall immediately file in the court the record in the proceeding certified 
by the executive director or a member of the board. The record must include all 
documents filed in the proceeding and the transcript, if any.  After hearing, which must be 
held not less than 7 days after notice, the court may enforce, modify, enforce as modified 
or set aside in whole or in part the decision of the board, except that the findings of the 
board on questions of fact are final unless shown to be clearly erroneous.  An appeal to 
the Law Court must be the same as an appeal from an interlocutory order under section 6. 
Sec. A-31.  28-A MRSA §803, sub-§2-A, as enacted by PL 1987, c. 342, §53 and 
amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed. 
Sec. A-32.  28-A MRSA §805, sub-§3, as enacted by PL 1987, c. 45, Pt. A, §4 
and amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed. 
Sec. A-33.  28-A MRSA §2221-A, sub-§4, ¶D, as enacted by PL 1987, c. 342, 
§128, is amended to read: 
D.  The court shall promptly, but not less than 2 weeks after notice, hold a hearing on 
the petition.  The hearing may be advanced on the docket and receive priority over 
other cases when the court determines that the interests of justice so require.  At the 
hearing, the court shall hear evidence and make findings of fact and enter conclusions 
of law. 
Sec. A-34.  32 MRSA §1104, sub-§2, as enacted by PL 2009, c. 112, Pt. A, §4, is 
amended to read: 
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 
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 petition for review may be advanced on the 
docket and receive priority over other cases when the court determines that the interests 
of justice so require. 
Sec. A-35.  34-B MRSA §13003, sub-§3, ¶B, as enacted by PL 1997, c. 610, §3, 
is amended to read: 
B.    A temporary receiver may be appointed with or without notice to the owner or 
licensee if it appears by verified complaint or affidavit that an emergency exists in the 
facility or provider that must be remedied immediately to ensure the health, safety 
and welfare of the clients or residents.  The appointment of a temporary receiver 
without notice to the owner or licensee may be made only if the court is satisfied that 
the petitioner has made a diligent attempt to provide reasonable notice under the 
circumstances.  Upon appointment of a temporary receiver, the department shall 
proceed to make service as provided in paragraph A, and a hearing must be held 
within 10 days, unless all parties agree to a later date.  If the department does not 
proceed with the petition, the court shall dissolve the receivership.  On 2 days' notice 
to the temporary receiver, all parties and the department, or on such shorter notice as 
the court may prescribe, the owner or licensee may appear and move the dissolution 
or modification of an order appointing a temporary receiver that has been entered 
without notice, and in that event the court shall proceed to hear and determine the 
motion as expeditiously as possible motion may be advanced on the docket and 
receive priority over other cases when the court determines that the interests of justice 
so require. 
Sec. A-36.  38 MRSA §1022, first ¶, as amended by PL 1999, c. 215, §1, is 
further amended to read: 
Any person intending to build or extend any wharf, fish weir or trap in tidewaters, 
within the limits of any city or town, shall apply in writing to the municipal officers of the 
city or town, stating the location of the weir, the boundaries of the cove in which the weir 
will be constructed as identified on a map prepared by the Commissioner of Marine 
Resources, limits and boundaries, as nearly as may be, of the intended erection or 
extension, and asking license for the intended erection or extension. The applicant must 
notify all parties that may be directly affected by the proposed construction.  Upon 
receiving an application, the officers shall give at least 3 days' public notice of the 
application in a newspaper, published in the town, or, if there is no newspaper published 
in the town, in a newspaper published within the county, and shall designate in the notice 
a day and time on which they or their designee will meet on or near the premises 
described, to examine the same and hear all parties interested. If, following such 
examination and hearing of all parties interested, the officers decide that such erection or 
extension would not be an obstruction to navigation or injury to the rights of others, and 
determine to allow the same, they shall issue a license under their hands to the applicant, 
authorizing the applicant to make such an erection or extension, and to maintain the same 
within the limits mentioned in such license. The applicant for license to build or extend a 
fish weir or trap shall first give bond to the town, with sureties, in the sum of $5,000, 
conditioned that upon the termination of such license the applicant shall remove removes 
all stakes and brush from the location therein described. The municipal officers shall, 
within 10 days after the date of hearing, give written notice by mail of their decision to all 
parties interested. Any person aggrieved by the decision of the municipal officers, in 
either granting or refusing to grant a license as provided, may appeal to the Superior 
Court within 10 days after the mailing of such written notice. The court shall set a time 
and place for hearing and give notice thereof in the same manner as provided for a 
hearing before the municipal officers. The decision of the court must be communicated 
within 10 days after the date of hearing to the appellant and to the municipal officers of 
the town in which the proposed wharf, weir or trap is to be located. This decision is 
binding on the municipal officers, who shall issue a license, if so directed by the decision 
of the court, within 3 days after the decision has been communicated to them. If the 
appeal is sustained by the court in whole or in part, the appellant will have costs against 
the appellee. If the appeal is not so sustained, the appellee will have costs against the 
appellant. If any owner to whom a license has been issued, or the owner's heirs or assigns, 
fail to remove all stakes and brush within a period of one year after the termination of the 
license, as provided in section 1023, any person can remove the same without charge 
against the owner or the owner's heirs or assigns. 
PART B 
Sec. B-1.  29-A MRSA §2603, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is repealed. 
PART C 
Sec. C-1.  5 MRSA §4651, sub-§2, ¶A, as enacted by PL 1995, c. 650, §1, is 
amended to read: 
A.  Three or more acts of intimidation, confrontation, physical force or the threat of 
physical force directed against any person, family or business that are made with the 
intention of causing fear, intimidation or damage to business property and that do in 
fact cause fear, intimidation or damage to business property; or 
Sec. C-2.  5 MRSA §4651, sub-§2, ¶B, as enacted by PL 1995, c. 650, §1, is 
repealed. 
Sec. C-3.  5 MRSA §4653, sub-§1, as corrected by RR 2003, c. 2, §7, is amended 
to read: 
1.  Filing.  A person who has been a victim of harassment, including a business, may 
seek relief by filing a sworn complaint in an appropriate court alleging that harassment.: 
A.  A sworn complaint alleging harassment; and 
B.  If the alleged harassment does not meet the definition in section 4651, subsection 
2, paragraph C, a copy of a notice to stop harassing the plaintiff issued to the 
defendant pursuant to Title 17-A, section 506-A, subsection 1, paragraph A, 
subparagraph (1), division (a) or a statement of good cause why such a notice was not 
sought or obtained. 
Sec. C-4.  5 MRSA §4654, sub-§2, ¶A, as amended by PL 2003, c. 658, §5, is 
further amended to read: 
A.  It appears clearly from a verified complaint or an affidavit accompanying the 
complaint that: 
(1)  Before the defendant or the defendant's attorney can be heard, the plaintiff or 
the plaintiff's employees may be in immediate and present danger of physical 
abuse from the defendant or in immediate and present danger of suffering 
extreme emotional distress as a result of the defendant's conduct, or the plaintiff's 
business property is in immediate and present danger of suffering substantial 
damage as a result of the defendant's actions; 
(2)  Either the plaintiff has or has not contacted any law enforcement officials 
concerning the alleged harassment; and 
(2-A)  If the alleged harassment does not meet the definition in section 4651, 
subsection 2, paragraph C, the plaintiff has obtained a copy of a notification 
issued against the other person as described in Title 17-A, section 506-A, 
subsection 1, paragraph A, subparagraph (1), division (a) or the plaintiff has filed 
a statement of good cause why such relief was not sought or why such a notice 
was not issued; and 
(3)  The plaintiff has provided sufficient information to substantiate the alleged 
harassment; and 
Sec. C-5.  5 MRSA §4654, sub-§2, ¶B, as amended by PL 1989, c. 164, is 
repealed. 
Sec. C-6.  5 MRSA §4654, sub-§6, as enacted by PL 1987, c. 515, §1, is amended 
to read: 
6.  Dissolution or modification.  Notwithstanding any statutory provision to the 
contrary, on 2 days' notice to the plaintiff or on such shorter notice as the court may 
order, a person who is subject to any order may appear and move the dissolution or 
modification of the order and in that event the court shall proceed to hear and determine 
the motion expeditiously.  The hearing on the motion may be advanced on the docket and 
receive priority over other cases when the court determines that the interests of justice so 
require.  At that hearing, the plaintiff shall have has the burden of justifying any finding 
in the ex parte order which that the defendant has challenged by affidavit.  Nothing in this 
section may be construed to abolish or limit any means, otherwise available by law, for 
obtaining dissolution, modification or discharge of an order. 
SUMMARY 
This bill is reported out by the Joint Standing Committee on Judiciary pursuant to 
Resolve 2011, chapter 104, section 9.  This bill incorporates the recommendations of the 
Commission To Study Priorities and Timing of Judicial Proceedings in State Courts. 
The Joint Standing Committee on Judiciary has not taken a position on the substance 
of the recommendations or the bill, and by reporting out this bill the committee is not 
suggesting and does not intend to suggest that it agrees or disagrees with any aspect of the 
commission's recommendations or this bill.  The committee is reporting the bill out for 
the sole purpose of turning the commission's proposal into a printed bill that can be 
referred to the committee for an appropriate public hearing and subsequent processing in 
the normal course.  The committee is taking this action to ensure clarity and transparency 
in the legislative review of the commission's proposal. 
Part A of the bill replaces varied statutory language regarding the priority of cases in 
court dockets with uniform language in statutes dealing with issues including civil 
appeals to Superior Court, animal welfare, the Maine Labor Relations Board, 
administrative licenses and other miscellaneous civil provisions. 
Part B of the bill eliminates a provision regarding speedy trials for those arrested for 
traffic infractions, as it is duplicative. 
Part C amends the protection from harassment statutes.  It adds the commission's 
proposed uniform language to the provision regarding dissolution or modification of 
protection from harassment orders.  It amends the definition of "harassment" by limiting 
damage to property to only business property and by repealing language describing 
harassment as 3 or more acts that are made with the intent to deter the free exercise or 
enjoyment of any rights or privileges secured by the Constitution of Maine or the United 
States Constitution.  It repeals as unnecessary a provision regarding whether reasonable 
efforts have been made by the court to give written or oral notice to a defendant in a 
hearing regarding an allegation of harassment, which is a criterion as to whether the court 
may enter a temporary protection from harassment order.  It also amends the process of 
seeking a protection from harassment order by requiring that if the alleged harassment 
does not meet the definition of "harassment" in the Maine Revised Statutes, Title 5, 
section 4651, subsection 2, paragraph C, the plaintiff must seek and file a copy of a notice 
to stop harassing the plaintiff issued to the defendant pursuant to Title 17-A, section 
506-A or a statement of good cause why a notice was not sought or obtained.