An Act to Provide for Administrative Suspension of Licenses and Certificates Issued Under the Inland Fisheries and Wildlife Laws
Maine Legislature, Session 131, LD 1525
Committee: Inland Fisheries and Wildlife
Sponsors: LANDRY, BLACK, DILL

Legislative Document
No. 1525
H.P. 980
House of Representatives, April 5, 2023
An Act to Provide for Administrative Suspension of Licenses and 
Certificates Issued Under the Inland Fisheries and Wildlife Laws
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative LANDRY of Farmington.
Cosponsored by Senator BLACK of Franklin and
Representative: DILL of Old Town.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA c. 907, sub-c. 5 is enacted to read:
SUBCHAPTER 5
ADMINISTRATIVE SUSPENSION
§10621.  Administrative suspension without criminal conviction or civil adjudication
The commissioner may suspend a license or certificate issued under this Part for a 
violation of the inland fisheries and wildlife laws.
1.  Initiation and notice.  If the Game Warden Colonel delivers to the commissioner 
a written statement under oath that the Game Warden Colonel has probable cause to suspect 
that a violation of the inland fisheries and wildlife laws has been committed, the 
commissioner shall immediately examine the affidavit and determine if a suspension is 
necessary.  If the commissioner determines based on a preponderance of the evidence that 
a suspension is necessary, the commissioner shall immediately notify in writing the person 
who violated the law or engaged in the conduct.  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.  The commissioner may 
suspend the license or certificate of a person who has been notified pursuant to this 
subsection but who does not request a hearing within the allowed time.
2.  Hearing.  A hearing requested under subsection 1 must be held within 30 business 
days after receipt by the commissioner of a 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 certificate and whether that person 
committed a violation of the inland fisheries and wildlife laws; 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 the inland fisheries and 
wildlife laws has been committed, the presiding officer shall immediately notify the 
commissioner of the finding.
3.  Finding of violation and suspension.  The commissioner may suspend the license 
or certificate of the person requesting the hearing under subsection 2 if the presiding officer 
of the hearing finds that a violation of the inland fisheries and wildlife laws has been 
committed.  The commissioner may suspend any license or certificate for a period of time 
not to exceed the maximum amount of time allowable for a criminal conviction or civil 
adjudication of the same violation.
4.  Prohibition against multiple suspensions.  If the commissioner suspends a license 
or certificate under this section, the commissioner may not suspend the license or certificate 
because of a criminal conviction or civil adjudication for the same violation.
5.  Appeal.  A decision of the commissioner to suspend a license or certificate pursuant 
to this section may be appealed to the Superior Court if it is filed with the court within 30 
days of the decision.
6.  Request for hearing on suspension length; place of hearing.  The license or 
certificate holder may request a hearing regarding the length of suspension under this 
section.  A hearing must be requested in writing within 10 days from the effective date of 
the suspension.  The hearing must be held within 10 days of the request unless a longer 
period of time is mutually agreed to in writing.  The hearing must be conducted in the 
Augusta area.
SUMMARY
This bill creates an administrative license suspension process for the Department of 
Inland Fisheries and Wildlife similar to what exists for the Department of Marine 
Resources.
The process allows the Commissioner of Inland Fisheries and Wildlife to determine if 
license suspension is necessary without criminal conviction or civil adjudication upon 
recommendation of the Game Warden Colonel when a violation of inland fisheries and 
wildlife laws has been committed. This determination is to be based on a preponderance of 
the evidence.
The commissioner must notify the individual in writing of the pending suspension and 
include instructions for requesting a hearing. If requested, a hearing must be held within 30 
days of the commissioner receiving the request, except if a delay is requested by the 
individual, in which case the hearing must be held no later than 60 days from receiving the 
request, except by mutual agreement between the individual and the commissioner. 
The commissioner may suspend any license or certificate for a period of time not to 
exceed the maximum amount of time allowable for a criminal conviction or civil 
adjudication of the same violation.  A decision of the commissioner to suspend a license or 
certificate pursuant to this section may be appealed to the Superior Court within 30 days of 
the decision.  If the commissioner suspends a license under this section, the commissioner 
may not suspend or extend the suspension of the license because of a criminal conviction 
or civil adjudication for the same violation.