An Act To Protect Certain Administrative Licensing Files
Maine Legislature, Session 128, LD 1541
Committee: Judiciary
Sponsors: GERRISH
Amends: 32 MRSA §7391, 32 MRSA §8124, 32 MRSA §8124-A, 32 MRSA §9418

Legislative Document
No. 1541
H.P. 1062
House of Representatives, April 27, 2017
An Act To Protect Certain Administrative Licensing Files
Submitted by the Department of Public Safety pursuant to Joint Rule 204.
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative GERRISH of Lebanon.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  32 MRSA §7391 is enacted to read: 
§7391.  Confidentiality of application, information and other specified records 
collected by the commissioner 
Notwithstanding Title 1, chapter 13, subchapter 1, and except as otherwise provided 
in this section, all applications for a license to be a polygraph examiner; any records made 
a part of the application, refusals and any information of record collected by the 
commissioner during the process of ascertaining whether an applicant meets the 
requirements of sections 7382 and 7388; and all records collected by the commissioner 
during the course of administrative licensing investigations conducted in response to a 
complaint made against a licensee are confidential and may not be made available for 
public inspection or copying, except that the final written decision of whether a license is 
issued or denied, or of whether, in response to a complaint, adverse action is taken against 
a licensee's license, is publicly accessible. In the case of the issuance or denial of a 
license, the final written decision must state the basis for which a license is issued or 
denied, and, in the case of a complaint against a licensee's license, the final written 
decision must state the basis for which adverse action was or was not taken against the 
license.  The applicant may waive this confidentiality by written notice to the 
commissioner. All proceedings relating to the issuance of a license to be a polygraph 
examiner are not public proceedings under Title 1, chapter 13, unless otherwise requested 
by the applicant.  This section does not limit disclosure for criminal justice purposes or to 
a government licensing agency of this State or another state of records made confidential 
under this section. 
The commissioner shall make a permanent record of each license to be a polygraph 
examiner in a suitable file kept for that purpose. The record must include a copy of the 
information included on issued licenses and must be available for public inspection. 
Sec. 2.  32 MRSA §8124, as enacted by PL 2015, c. 295, §1, is repealed. 
Sec. 3.  32 MRSA §8124-A is enacted to read: 
§8124-A.  Confidentiality of application, information and other specified records 
collected by the chief 
Notwithstanding Title 1, chapter 13, subchapter 1, and except as otherwise provided 
in this section, all applications for a license to be a professional investigator; any records 
made a part of the application, refusals and any information of record collected by the 
chief during the process of ascertaining whether an applicant is of good moral character 
and meets the additional requirements of sections 8105 and 8113; and all records 
collected by the chief during the course of administrative licensing investigations 
conducted in response to a complaint made against a licensee are confidential and may 
not be made available for public inspection or copying, except that the final written 
decision of whether a license is issued or denied, or of whether, in response to a 
complaint, adverse action is taken against a licensee's license, is publicly accessible.  In 
the case of the issuance or denial of a license, the final written decision must state the 
basis for which a license is issued or denied, and, in the case of a complaint against a 
licensee's license, the final written decision must state the basis for which adverse action 
was or was not taken against the license.   The applicant may waive this confidentiality 
by written notice to the chief.  All proceedings relating to the issuance of a license to be a 
professional investigator are not public proceedings under Title 1, chapter 13, unless 
otherwise requested by the applicant.  This section does not limit disclosure for criminal 
justice purposes or to a government licensing agency of this State or another state of 
records made confidential under this section. 
The chief shall make a permanent record of each license to be a professional 
investigator in a suitable file kept for that purpose. The record must include a copy of the 
information included on issued licenses and must be available for public inspection. 
Sec. 4.  32 MRSA §9418, as amended by PL 2011, c. 662, §20, is further amended 
to read: 
§9418.  Confidentiality of application and information collected by the commissioner 
Notwithstanding Title 1, chapter 13, subchapter 1, all applications for a license to be 
a contract security company and any documents made a part of the application, refusals 
and any information of record collected by the commissioner during the process of 
ascertaining whether an applicant is of good moral character and meets the additional 
requirements of sections 9405 and 9411-A, and all information of record collected by the 
commissioner during the process of ascertaining whether a natural person meets the 
requirements of section 9410-A, are confidential and may not be made available for 
public inspection or copying, except that the final written decision of whether a license is 
issued or denied, or of whether, in response to a complaint, adverse action is taken against 
a licensee's license, is publicly accessible. In the case of the issuance or denial of a 
license, the final written decision must state the basis for which a license is issued or 
denied, and, in the case of a complaint against a licensee's license, the final written 
decision must state the basis for which adverse action was or was not taken against the 
license.  The applicant or natural person may waive this confidentiality by written notice 
to the commissioner.  All proceedings relating to the issuance of a license to be a contract 
security company are not public proceedings under Title 1, chapter 13, unless otherwise 
requested by the applicant.  This section does not limit disclosure for criminal justice 
purposes or to a government licensing agency of this State or another state of records 
made confidential under this section. 
The commissioner or his designee shall make a permanent record of each license to 
be a contract security company in a suitable book or file kept for that purpose. The record 
shall must include a copy of the license and shall must be available for public inspection. 
Upon a specific request, the commissioner or his the commissioner's designee shall 
provide a list of names and current addresses of security guards employed by licensed 
contract security companies. 
SUMMARY 
This bill makes polygraph examiner and professional investigator administrative 
licensing files confidential by law, except the final written decision of whether a license 
is issued or denied, or of whether, in response to a complaint, adverse action is taken 
against a licensee's license, is publicly accessible and records may be disclosed for 
criminal justice purposes or to a government licensing agency of this State or another 
state.  In the case of the issuance or denial of a license, the final written decision must 
state the basis for which a license is issued or denied, and, in the case of a complaint 
against a licensee's license, the final written decision must state the basis for which 
adverse action was or was not taken against the license.  The Private Security Guards Act 
also is amended to ensure consistency with the changes made to the Polygraph Examiners 
Act and Professional Investigators Act.