An Act to Clarify the Authority of the Dtrector of the Real Estate Com1111ss1on to D1sm1ss Certain Claims That Do Not Allege V1olat1ons of Law or Rules
Maine Legislature, Session 131, LD 0170
Committee Amendment CA_A_H113 (House)
Amends: 32 MRSA §13069

COMNIITTEE AlvffiNDMENT ~ 
" to HP 111, L D 170, "An Act to Clarify the 
Authority of the Dtrector of the Real Estate Com1111ss1on to D1sm1ss Certain Claims That 
Do Not Allege V1olat1ons of Law or Rules" 
Amend the bill by strikmg out the title and substttutmg the followmg 
'An Act to Clarify the Authority of the Director of the Real Estate Commission to 
Investigate Complamts' 
Amend the bill by stnkmg out everythmg after the enactmg clause and msertmg the 
followmg 
'Sec. 1. 32 MRSA §13069, sub-§6, as amended by PL 2007, c 402, Pt BB, §15, 
1s 1 epealed and the following enacted in its place 
6. Investigations. The drrector may, m accordance with this subsection, mvest1gate 
the actions of any hcensee under thIS chapte1, 01 any pet son or entity that assumes to act m 
a capacity requmng a license under this chapter, upon receipt of a written complamt or m 
accordance with the gmdehnes prescribed by the commission by 1 ule 
A If the director receives a written complamt under this subsection, the director shall 
review the complamt to determme whether the complamt describes a v10lat10n of law 
or rule that ts w1thm the authority of the commiss10n to enforce If the d1rect01 
determines that a complaint does not describe a v10lat1on of law or rule that 1s w1thm 
the authonty of the comm1ss10n to enforce, the director shall notify the pet son who 
submitted the complamt of this determination If the du ecto1 determmes that the 
complamt does describe a v10lat10n of law or rule that 1s w1thm the auth011ty of the 
comm1ss1on to enforce, the director shall investigate the actions described m the 
complaint 
B If the director undertakes an investigation under this subsect10n, either of a written 
complamt or m accordance with gmdehnes prescribed by the commission by rule, the 
director shall, upon completion of the mvest1gatlon, take one of the followmg act10ns 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT ;4 "to HP 111, L D 170 
(1) With the commission's approval. dismiss the complaint, 
(2) With the consent of the parties and sub1ect to approval of the commission and 
commission counsel, execute a consent agreement, or 
(3) Issue a staff petition for hearing before the comm1ss1on, which may mclude a 
recommended disposition ' 
Amend the bill by relettermg or renumbering any nonconsecutive Part letter 01 section 
number to read consecutively 
SUMMARY 
This amendment changes the title of the bill and clai ifies that the d1rect01 of the Real 
Estate Commission must, upon receipt of a written complamt, review the complaint to 
determine whether the complaint describes a v10lat1on of law or rule that 1s w1thm the 
authority of the comm1ss1on to enforce, and do one of the following 
If the d1rector determines that a complaint does not describe a v10lat10n of law or 
i ule that 1s within the authonty of the comm1ss1on to enforce, the directo1 must notify the 
person who submitted the complaint of that determination, or 
If the d1rector determines that the complaint does describe a v1olat10n of law 01 rule 
that is within the authonty of the comm1ss1on to enforce, the d1rector must mvest1gate the 
actions descrtbed m the complaint and take appropnate actions 
COMMITTEE AMENDMENT