An Act To Create an Administrative Review Process for Hunting and Fishing Violations
Maine Legislature, Session 129, LD 2001
Committee: Inland Fisheries and Wildlife
Sponsors: DILLINGHAM, MILLETT
Amends: 12 MRSA §10902-A

Legislative Document
No. 2001
H.P. 1417
House of Representatives, January 8, 2020
An Act To Create an Administrative Review Process for Hunting 
and Fishing Violations
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative DILLINGHAM of Oxford.
Cosponsored by Representative: MILLETT of Waterford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §10902-A is enacted to read:
§10902-A.  Procedure for administrative action without criminal conviction or civil 
adjudication
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 violation of section 10652 or 10657 has been committed by a person 
holding a license or permit issued under this Part, the commissioner shall immediately 
examine the affidavit and determine whether administrative action as set forth in 
subsection 3 is necessary.  If the commissioner determines based on a preponderance of 
the evidence that administrative action is necessary, the commissioner shall immediately 
notify in writing the person determined by the commissioner to be in violation of the law.  
The notice must state that there is an opportunity for a hearing if the person requests the 
hearing in writing within 10 days of the notice.  The notice is deemed received 3 days 
after the mailing.  If a person who has been notified pursuant to this subsection does not 
request a hearing within the allowed time, the commissioner may implement 
administrative action in accordance with subsection 3.
2.  Hearing.  A hearing requested under subsection 1 must be held within 30 business 
days after receipt by the commissioner of the request for hearing, except that a hearing 
may be held more than 30 business days after the request if the delay is requested by the 
person requesting the hearing.  If the hearing is continued, it must be held no later than 60 
days after the original notice, and any further continuance must be with the consent of 
both parties.  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 or permit and whether that person 
committed a violation of section 10652 or 10657; and
B.  Notwithstanding Title 5, section 9061, the decision of the presiding officer under 
Title 5, section 9062 must be made not more than 10 business days after completion 
of the hearing.
If the presiding officer of the hearing finds that a violation of section 10652 or 10657 has 
been committed, the presiding officer shall immediately notify the commissioner of the 
finding.
3.  Administrative action.  Upon a determination under subsection 1 or notification 
of a finding under subsection 2 that a violation of section 10652 or 10657 has been 
committed:
A.  For a first violation of section 10652 or 10657, the commissioner may order that, 
notwithstanding any exemption from hunter safety course requirements contained in 
section 11105 or any other law, the person must complete a hunter safety course or 
other safety course designated by the commissioner;
B.  For a 2nd violation of section 10652 or 10657, the commissioner may order that 
all licenses and permits issued under this Part to the person be suspended for a period 
of 2 years; and
C.  For a 3rd or subsequent violation of section 10652 or 10657, the commissioner 
may order that all licenses and permits issued under this Part to the person be 
permanently suspended.
4.  Appeal.  An administrative action by the commissioner to suspend a license or 
permit pursuant to this section may be appealed to the Superior Court if it is filed with the 
court within 30 days of the decision.
SUMMARY
This bill establishes a procedure for the Commissioner of Inland Fisheries and 
Wildlife to take administrative action regarding alleged property violations without first 
requiring criminal conviction or civil adjudication of the allegation.  Under this bill, if the 
director of the Bureau of Warden Service has probable cause to suspect that civil trespass 
or abuse of another person's property while fishing, hunting or trapping has been 
committed by a person holding a fishing, hunting or trapping license or permit, the 
commissioner may:
1.  For a first violation, order that the person complete a hunter safety course or other 
safety course designated by the commissioner, regardless of whether the person is exempt 
from hunter safety course requirements;
2.  For a 2nd violation, order that all licenses and permits issued to the person by the 
Department of Inland Fisheries and Wildlife be suspended for a period of 2 years; and
3.  For a 3rd or subsequent violation, order that all licenses and permits issued to the 
person by the Department of Inland Fisheries and Wildlife be permanently suspended.
The bill provides a mechanism for notice and opportunities for hearing and appeal of  
administrative action taken by the commissioner.