An Act To Create an Administrative Review Process for Hunting Violations
Maine Legislature, Session 130, LD 1031
Committee: Inland Fisheries and Wildlife
Sponsors: DILLINGHAM, BERNARD, KRYZAK, THERIAULT
Amends: 12 MRSA §10657, 12 MRSA §10902-A

Legislative Document
No. 1031
H.P. 766
House of Representatives, March 10, 2021
An Act To Create an Administrative Review Process for Hunting 
Violations
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 Representatives: BERNARD of Caribou, KRYZAK of Acton, THERIAULT 
of China.
Be it enacted by the People of the State of Maine as follows:
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 convicted or adjudicated of a crime or civil violation 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 conviction or adjudication under this section for that 
violation.
Sec. 2.  12 MRSA §10902-A is enacted to read:
§10902-A.  Suspension of license through administrative process for 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 convicted or adjudicated of a crime or civil 
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, in accordance with Title 5, 
section 9052, immediately notify the person who is alleged to have violated section 10657.  
The provided notice under this subsection must state that the person may request a hearing 
in accordance with subsection 2 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 hearing within 10 days after receipt of notice, the 
commissioner may implement administrative penalties under subsection 3 without a 
hearing.
2.  Hearing.  If a person alleged to have violated 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 
subsection;
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 
subsection; 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 subsection.
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 10657 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 convicted 
or adjudicated of a crime or civil violation under that section, the commissioner or the 
commissioner's designee may not impose an administrative penalty under this section.
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.
SUMMARY
This bill 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 commissioner 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 to Superior Court.