An Act To Amend the Department of Marine Resources Administrative Suspension Process
Maine Legislature, Session 125, LD 1462
Committee: Marine Resources
Sponsors: RECTOR, DOW, LANGLEY, ROSEN
Amends: 12 MRSA §6371, 12 MRSA §6372, 12 MRSA §6373, 12 MRSA §6374, 12 MRSA §6852-A, 12 MRSA §6856

Legislative Document 
No. 1462 
S.P. 453 
In Senate, April 12, 2011 
An Act To Amend the Department of Marine Resources' 
Administrative Suspension Process 
Reference to the Committee on Marine Resources suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator RECTOR of Knox. 
Cosponsored by Representative DOW of Waldoboro and 
Senators: LANGLEY of Hancock, ROSEN of Hancock. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §6371, as amended by PL 2009, c. 561, §12, is further amended 
to read: 
§6371.  Administrative suspension 
1.  Suspension for refusal to allow inspection. Refusal to allow inspection or 
seizure under section 6306 is grounds for suspension of any licenses issued under marine 
resources laws. In order to suspend a license because of a refusal to allow inspection or 
seizure, the commissioner shall follow the procedures of section 6372. 
2.  Suspension for refusal to allow a shellfish inspection by a department 
shellfish inspector.  Refusal to allow a shellfish inspection under section 6852-A or 6856 
or violation of shellfish sanitation rules adopted under section 6856 is grounds for 
suspension of any licenses or certificates issued under marine resources laws. In order to 
suspend a license or certificate for these reasons under this subsection, the commissioner 
shall follow the procedures of section 6373 6372. 
3.  Suspension for violations. Violation Except as provided in subsections 1 and 2, 
violation of any section of marine resources laws or rules adopted under this Part is 
grounds for suspension under section 6374 of any licenses or certificates issued under this 
Part. In order to suspend a license or certificate for a violation, the commissioner shall 
follow the procedures for license suspension or revocation in the District Court, as 
provided under Title 4, chapter 5. 
Sec. 2.  12 MRSA §6372, first ¶, as enacted by PL 1977, c. 661, §5, is amended 
to read: 
Notwithstanding the Maine Administrative Procedure Act, the procedure for 
suspending a license or for refusal to allow inspection or seizure under section 6306 shall 
be or refusal to allow inspection under section 6852-A or section 6856 is as follows. 
Sec. 3.  12 MRSA §6373, as amended by PL 1999, c. 547, Pt. B, §30 and affected 
by §80, is repealed. 
Sec. 4.  12 MRSA §6374 is enacted to read: 
§6374.  Procedure for suspending without criminal conviction or civil adjudication 
Except as provided in section 6371, subsections 1 and 2, the procedure for 
suspending a license or certificate for a violation of marine resources law without a 
criminal conviction or civil adjudication is governed by this section. 
1.  Initiation and notice.  If the Chief of the Bureau of Marine Patrol delivers to the 
commissioner a written statement under oath that the chief has probable cause to suspect 
that a violation of marine resources law has been committed, the commissioner shall 
immediately examine the affidavit and determine if a suspension is necessary.  If the 
commissioner determines that a suspension is necessary, the commissioner shall 
immediately notify in writing the person who violated the law.  The notice must state that 
there is an opportunity for a hearing, if the person requests the hearing in writing within 
days of the notice. 
2.  Hearing.  A hearing requested under subsection 1 must be held within 3 business 
days after receipt by the commissioner of a request for hearing except that a hearing may 
be held more than 3 business days after the request if the delay is requested by the person 
requesting the hearing. The hearing must be held in accordance with the Maine 
Administrative Procedure Act, except that: 
A.  Notwithstanding Title 5, section 9057, issues of the hearing are limited to whether 
the person requesting the hearing had a license and whether that person committed a 
violation of marine resources law; and 
B.  Notwithstanding Title 5, section 9061, the decision of the presiding officer under 
Title 5, section 9062 must be made not more than one business day after completion 
of the hearing. 
3.  Finding of marine resources violation and suspension.  If the presiding officer 
of the hearing under subsection 2 finds that a violation of marine resources law has been 
committed, the presiding officer shall immediately notify the commissioner of the 
finding, and the commissioner may suspend the license or certificate of the person 
requesting the hearing. The length of the suspension of the license or certificate may not 
exceed: 
A.  One year from the date of a first finding of a violation under this subsection; 
B.  Two years from the date of a 2nd finding of a violation under this subsection; or 
C.  Three years from the date of a 3rd or subsequent finding of a violation under this 
subsection. 
4.  Prohibition against multiple suspensions.  If the commissioner suspends a 
license or certificate under this section, the commissioner may not suspend the license or 
certificate because of a criminal conviction or civil adjudication for the same violation. 
5.  Appeal.  A decision of the commissioner to suspend a license or certificate 
pursuant to this section may be appealed to the Superior Court if it is filed with the court 
within 30 days of the decision. 
Sec. 5.  12 MRSA §6852-A, sub-§7 is enacted to read: 
7.  Inspection.  For the purposes of inspection or collection of samples, the 
commissioner or the commissioner's agent may access an establishment or part thereof or 
vehicle in which activities authorized under this section are conducted by a person 
holding an enhanced retail seafood license.  Denial of access is grounds for suspension or 
revocation of an enhanced retail seafood license under the provisions of section 6372. 
Sec. 6.  12 MRSA §6856, sub-§5, as amended by PL 2003, c. 248, §11, is further 
amended to read: 
5.  Right of entry.  Whenever a certificate has been issued under this section, the 
commissioner, or the commissioner's agent, must have access to any establishment or part 
thereof for the purpose of inspection or collection of samples.  Denial of access is 
grounds for suspension or revocation of any certificate or license under the provisions of 
section 6373 6372. 
SUMMARY 
This bill amends the ability of the Department of Marine Resources to suspend a 
license or certificate based on a violation of marine resources law.  This bill redirects the 
license suspension hearing process through the department rather than the District Court 
for violations of refusing access to department shellfish inspectors.  It creates a new 
administrative hearing process for all other violations of marine resources laws when a 
license suspension is being considered, clarifies that such suspensions are remedial and 
creates a provision to prohibit multiple suspensions for the same violation. It retains the 
current provision that allows for immediate license or certificate suspension in cases 
when a person denies the Marine Patrol access for inspection and amends the statute that 
allows for immediate license suspension when the department's public health division's 
shellfish inspectors are refused access to a shellfish facility.