An Act To Authorize the Revocation, Suspension or Denial of a Guide License under Specified Circumstances
Maine Legislature, Session 128, LD 1489
Committee: Inland Fisheries and Wildlife
Sponsors: DAVIS
Amends: 12 MRSA §10908

Legislative Document
No. 1489
S.P. 518
In Senate, April 19, 2017
An Act To Authorize the Revocation, Suspension or Denial of a 
Guide License under Specified Circumstances
Submitted by the Department of Inland Fisheries and Wildlife pursuant to Joint Rule 204.
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator DAVIS of Piscataquis.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §10908, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read: 
1.  Conditions for revocation, suspension, denial.  The commissioner may suspend 
or revoke a guide license pursuant to this subchapter and Title 5, section 10004.  The 
commissioner may revoke, suspend, refuse to issue or refuse to renew a guide license or 
the District Court may revoke or suspend a guide license: 
A.  If the guide fails to meet the standards of competency established pursuant to 
section 12851; 
B.  If the guide fails to meet the qualifications for a guide license, including, but not 
limited to, failure to pass a reexamination conducted pursuant to section 12855, 
subsection 4; or 
C.  If the guide is found to be incompetent, negligent or neglectful in the conduct of 
guiding activities, including, but not limited to, entering into a contractual agreement 
with a client to provide services and then failing, without just cause, to provide the 
services as agreed.; or 
D.  If the guide or an applicant for a guide license is convicted of committing a crime 
in the State or any other jurisdiction that is punishable by imprisonment for a term of 
one year or more or is found not criminally responsible by reason of insanity of 
committing a crime in the State or any other jurisdiction that is punishable by 
imprisonment for a term of one year or more. 
(1)  A person whose license is revoked, suspended or denied under this paragraph 
may request a hearing before the commissioner.  Following the hearing, the 
commissioner may issue a guide license or reinstate a guide license that has been 
revoked, suspended or denied if the commissioner determines that the applicant 
has been sufficiently rehabilitated from the conviction to warrant the public trust 
or the nature of the conviction or the circumstances surrounding it do not warrant 
disqualification from licensure.  The request for a hearing under this paragraph 
must be made within 30 days of receipt of the revocation, suspension or denial of 
the guide license. 
(2)  An applicant for a guide license or the holder of a guide license must notify 
the department of a conviction or a finding of not criminally responsible that is 
grounds under this paragraph for the revocation, suspension or denial of a guide 
license.  Failure to notify the department is grounds for a permanent denial or 
revocation of a guide license. 
SUMMARY 
This bill authorizes the Commissioner of Inland Fisheries and Wildlife to revoke, 
suspend, refuse to issue or refuse to renew a guide license if the license holder has been 
convicted of committing a crime punishable by imprisonment for one year or more or is 
found not criminally responsible by reason of insanity of committing a crime punishable 
by imprisonment for a term of one year.  The bill allows a person to request a hearing to 
appeal the revocation, suspension or denial.  The bill requires an applicant for or the 
holder of a guide license to notify the Department of Inland Fisheries and Wildlife of a 
conviction or a finding of not criminally responsible that is grounds for the revocation, 
suspension or denial of a guide license.