An Act To lO
Maine Legislature, Session 125, LD 1462
Committee Amendment CA_A_S190 (Senate)

COMMITTEE AMENDMENT" A " to S.P. 453, L.D. 1462, Bill, "An Act To 
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Amend the Department of Marine Resources' Administrative Suspension Process" 
Amend the bill in section 4 in §63 74 in subsection 1 in the 5 th line (page 1, line 37 in 
L.D.) by inserting after the following: 
"determines" the following: 
'based on a 
preponderance of the evidence' 
Amend the bill in section 4 in §6374 in subsection 2 in the first line (page 2, line 4 in 
L.D.) by striking out the following: "1" and inserting the following: 'lQ.' 
Amend the bill in section 4 in §6374 in subsection 2 in the 3rd line (page 2, line 6 in 
L.D.) by striking out the following: "1" and inserting the following: 'lQ.' 
Amend the bill in section 4 in §6374 in subsection 2 in paragraph B in the 2nd line 
(page 2, line 13 in L.D.) by striking out the following: "one business day" and inserting 
the following: '10 business days' 
Amend the bill in section 4 in §6374 by adding at the end the following: 
'6. Request for hearing on suspension length; place of hearing. The license or 
.certificate holder may request a hearing regarding the length of suspension under this 
section. A hearing must be requested in writing within 10 days from the effective date of 
the suspension. The hearing must be held within 10 days of the request unless a longer 
period of time is mutually agreed to in writing. The hearing must be conducted in the 
Augusta area.' 
Amend the bill by adding after section 6 the following: 
'Sec. 7. Appropriations and allocations. The following appropriations and 
allocations are made. 
MARINE RESOURCES, DEPARTMENT OF 
Office of the Commissioner 0258 
Initiative: Provides an allocation to contract with the Department of the Secretary of State 
to conduct administrative hearings. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 453, L.D. 1462 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
SUMMARY 
This amendment: 
2011-12 
$5,625 
$5,625 
2012-13 
$5,625 
$5,625 
I. States that the Commissioner of Marine Resources' determination of whether a 
suspension without criminal conviction or civil adjudication is necessary must be based 
lOon a preponderance of the evidence; 
II 
2. Changes from 3 to 10 the number of business days within which a hearing must be 
held after the commissioner receives a request under the Maine Revised Statutes, Title 
12, section 6374; 
3. States that a hearing may be held more than 10, instead of 3, business days after 
the request if the delay is requested by the person requesting the hearing; 
4. Adds that a license or certificate holder may request a hearing regarding the length 
of suspension within 10 days from the effective date of the suspension. The hearing must 
be held within 10 days of the request unless a longer period of time is mutually agreed to 
in writing. The hearing must be conducted in the Augusta area; and 
5. Adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: OS/24/11 frac.. 
LD 1462 
LR 568(02) 
An Act To Amend the Department of Marine Resources' Administrative Suspension Process 
Fiscal Note for Bill as Amended by Committee Amendment "A" S-iCfo 
Committee: Marine Resources 
Appropriations! Allocations 
Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
Increases the number of civil cases. 
Fiscal Note Required: Yes 
Fiscal Note 
FY2011-12 
FY 2012-13 
$5,625 
$5,625 
Projections 
FY 2013-14 
$5,625 
The collection of additional filing fees may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Projections 
FY 2014-15 
$5,625 
The bill includes an Other Special Revenue Funds allocation to the Department of Marine Resources to contract with 
the Department of Secretary of State to conduct administrative hearings. Adequate funding from lobster trap tag sales 
exists within this account to cover this cost. 
LR0568(02) - Fiscal Note - Page I of 1