An Act To Create An Administrative Review Process for Hunting and Fishing Violations”
Maine Legislature, Session 129, LD 2001
Committee Amendment CA_A_H834 (House)
Amends: 12 MRSA §10657, 12 MRSA §10902-A

COMMITTEE AMENDMENT “      ” to H.P. 1417, L.D. 2001, “An Act To Create An 
Administrative Review Process for Hunting and Fishing Violations”
Amend the bill by striking out everything after the enacting clause and inserting the 
following:
'Sec. 1.  12 MRSA §10657, sub-§4 is enacted to read:
4.  Administrative penalties; mutually exclusive penalties.  A person who violates 
this section who is not charged with a civil or criminal penalty under subsection 2 may be 
subject to administrative penalties under section 10902-A.  A person who violates this 
section and receives an administrative penalty for that violation under section 10902-A is 
not subject to a civil or criminal action under this section for that violation.
Sec. 2.  12 MRSA §10902-A is enacted to read:
§10902-A.  Suspension of license and permit through administrative process for 
violations of civil trespass while hunting
The department in an adjudicatory proceeding may impose an administrative penalty 
for a violation of section 10657 in accordance with this section.
1. Initiation and notice.  If the director of the Bureau of Warden Service delivers to 
the commissioner a written statement under oath that the director has probable cause to 
suspect that a person has violated section 10657 while hunting and the person alleged to 
have violated section 10657 has not been charged with a civil or criminal violation under 
that section, the commissioner immediately shall examine the statement and determine 
whether to conduct an adjudicatory proceeding for the purpose of imposing an 
administrative penalty under this section.  If the commissioner determines that the 
imposition of a penalty is necessary, the commissioner shall immediately notify the person 
who is alleged to have violated section 10657 in accordance with Title 5, section 9052.  
The provided notice under this subsection must state that the recipient may request a 
hearing within 10 days of receipt of notice.  Notice is deemed received 3 days after the 
mailing.  If a person who has been notified pursuant to this subsection does not request a 
COMMITTEE AMENDMENT “      ” to H.P. 1417, L.D. 2001
COMMITTEE AMENDMENT
hearing within 10 days after receipt of notice, the commissioner may implement 
administrative penalties under subsection 3 without a hearing in accordance with 
subsection 2.
2.  Hearing. If a person alleged to have committed a violation of section 10657 requests 
a hearing pursuant to subsection 1, the commissioner or commissioner's designee shall 
appoint a presiding officer who shall hold the hearing within 30 business days after the 
request.  If the hearing is continued, it must be held no later than 60 days after the original 
notice, unless the presiding officer finds that a continuance beyond 60 days is warranted.  
The hearing must be held in accordance with Title 5, chapter 375, subchapter 4, except that:
A. Issues of the hearing are limited to whether the person while hunting violated section 
10657;
B. If the presiding officer determines that the person while hunting committed a 
violation of section 10657, the presiding officer shall immediately notify the 
commissioner of the finding; and 
C. The presiding officer shall provide a written decision that contains the findings and 
recommended penalties under subsection 3 no more than 10 business days after 
completion of the hearing, after which the commissioner or the commissioner's 
designee may take administrative action under subsection 3.
3. Administrative action.  In accordance with this section, if the commissioner or the 
commissioner's designee determines, after receiving the findings and recommendations of 
the presiding officer under subsection 2 or in accordance with Title 5, section 9053 if a 
hearing has not been requested, that a person who holds a license to hunt violated section 
10657 while hunting, the commissioner or the commissioner's designee may impose the 
following penalties:
A. For a first violation, revocation of the person's hunting licenses for one year from 
the date the commissioner or the commissioner's designee issues a decision under this 
paragraph;
B. For a 2nd violation, revocation of the person's hunting licenses for 2 years from the 
date the commissioner or the commissioner's designee issues a decision under this 
paragraph; or
C. For subsequent violations, revocation of the person's hunting licenses for 3 years 
from the date the commissioner or the commissioner's designee issues a decision under 
this paragraph.
4.  Additional penalties; mutually exclusive penalties.  In addition to the penalties 
specified in subsection 3, a person who violates section 10657 while hunting, as determined 
by the presiding officer, the commissioner or the commissioner's designee under this 
section, must successfully complete the outdoor ethics course for hunters under section 
10903-A before the person is eligible to obtain a hunting license.  If a person who violates 
section 10903-A while hunting does not possess a hunting license at the time of violation, 
the commissioner or commissioner's designee may refuse to issue a hunting license to that 
person for up to 5 years following the violation in accordance with the procedures 
established in this section.  If the person alleged to have violated section 10657 is charged 
with a civil or criminal violation under that section, the commissioner or the 
commissioner's designee may not impose an administrative penalty under this section.
COMMITTEE AMENDMENT “      ” to H.P. 1417, L.D. 2001
COMMITTEE AMENDMENT
5.  Appeal.  A person may appeal an administrative action under subsection 3 or 4 to 
the Superior Court within 30 days of receipt of the commissioner's or the commissioner's 
designee's decision under subsection 3 or 4.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively.
SUMMARY
This amendment establishes a procedure for the Commissioner of Inland Fisheries and 
Wildlife to take administrative action regarding civil trespass while hunting without first 
requiring a criminal conviction or civil adjudication. If a person alleged to have committed 
a violation of the Maine Revised Statutes, Title 12, section 10657 while hunting is not 
charged with violating section 10657, the Department of Inland Fisheries and Wildlife may 
initiate administrative proceedings, which include notice and an opportunity to be heard, 
and impose administrative penalties including revocation of a license to hunt for up to 3 
years.  If the person violates section 10657 while hunting and does not hold a hunting 
license, the commissioner may refuse to issue a hunting license to that person for up to 5 
years.  The decision of the commissioner may be appealed in Superior Court.
Approved: 08/04/20
LD 2001
LR 2669(02)
Fiscal Detail and Notes
Minor cost increase - General Fund
Any additional costs to the Department of Inland Fisheries and Wildlife as a result of creating an administrative 
review process for certain kinds of hunting violations are anticipated to be minor and can be absorbed within existing 
budgeted resources.  
An Act To Create An Administrative Review Process for Hunting and Fishing Violations
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Inland Fisheries and Wildlife
Fiscal Note Required: Yes
Fiscal Note
LR2669(02) - Fiscal Note - Page 1 of 1