An Act to Modify the Law Governing Revocation of a Code
Maine Legislature, Session 132, LD 2097
Committee: Housing and Economic Development
Sponsors: GERE
Amends: 30-A MRSA §4221, 30-A MRSA §4450, 30-A MRSA §4451, 30-A MRSA §4451-A, 30-A MRSA §4451-B

Legislative Document
No. 2097
H.P. 1412
House of Representatives, January 7, 2026
An Act to Modify the Law Governing Revocation of a Code 
Enforcement Officer's Certification
Submitted by the Maine Office of Community Affairs pursuant to Joint Rule 203.
Reference to the Committee on Housing and Economic Development suggested and 
ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative GERE of Kennebunkport.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  30-A MRSA §4221, sub-§2, as amended by PL 2011, c. 655, Pt. FF, §7 
and affected by §16, is further amended to read:
2.  Certification requirements.  A person may not hold the office of plumbing 
inspector unless currently certified as qualified pursuant to section 4451.  Certification is 
effective for a period of 5 years unless sooner revoked or suspended by the District Court 
as provided for in section 4451 4451-B.
Sec. 2.  30-A MRSA §4450 is enacted to read:
§4450.  Definitions
For purposes of this subchapter, "director" means the Director of the Maine Office of 
Community Affairs as established by Title 5, section 3203 and "staff" means an employee 
or contractor of the Maine Office of Community Affairs as established by Title 5, section 
3202.
Sec. 3.  30-A MRSA §4451, sub-§6, as amended by PL 2025, c. 388, Pt. D, §38, is 
further amended to read:
6.  Certification; terms; revocation.  The Maine Office of Community Affairs shall 
certify individuals as to their competency to successfully enforce ordinances and other land 
use regulations and permits granted under those ordinances and regulations and shall issue 
certificates attesting to the competency of those individuals to act as code enforcement 
officers.  Certificates issued by the former State Planning Office, the Department of 
Economic and Community Development, Office of Community Development, the 
Department of Public Safety, Office of the State Fire Marshal or the Maine Office of 
Community Affairs are valid for 6 years unless revoked by the District Court or suspended 
as provided for in section 4451-B.  An examination is not required for recertification of 
code enforcement officers.  The Maine Office of Community Affairs shall recertify a code 
enforcement officer if the code enforcement officer successfully completes at least 12 hours 
of approved training in each area of job responsibility during the 6-year certification period.
A.  The District Court may revoke the certificate of a code enforcement officer, in 
accordance with Title 4, chapter 5, when it finds that:
(1)  The code enforcement officer has practiced fraud or deception;
(2)  Reasonable care, judgment or the application of a duly trained and 
knowledgeable code enforcement officer's ability was not used in the performance 
of the duties of the office; or
(3)  The code enforcement officer is incompetent or unable to perform properly the 
duties of the office.
B.  Code enforcement officers whose certificates are invalidated under this subsection 
may be issued new certificates provided that they are newly certified as provided in 
this section.
Sec. 4.  30-A MRSA §4451-A is enacted to read:
§4451-A.  Complaint review committee
1.  Committee.  The complaint review committee, referred to in this section as "the 
committee," is established.  The director shall appoint 5 members to serve on the 
committee.  The director shall name one member as chair and one member as secretary.  
Two of the members must be members of the Technical Building Codes and Standards 
Board, established in Title 5, section 12004-G, subsection 5-A.  The remaining members 
may not be members of the Technical Building Codes and Standards Board and must be 
residents of this State who have professional experience and familiarity with established 
building techniques, building codes and enforcement and other areas associated with 
building trades, or other comparable professional experience.  A majority of the members 
of the committee, including at least one Technical Building Codes and Standards Board 
member, constitutes a quorum and must be present for deliberations and votes.  A majority 
vote of all members present is necessary for any action or to recommend taking corrective 
or disciplinary action on a complaint or to order an independent investigation pursuant to 
subsections 2 and 3.
2.  Investigation of complaints.  Upon the request of the director or upon the 
committee's own motion, the committee shall investigate complaints regarding any 
violation of this chapter or rules established by the Technical Building Codes and Standards 
Board or the Maine Office of Community Affairs by a person holding a certificate issued 
by the Maine Office of Community Affairs or any of its predecessors pursuant to section 
4451 and recommend appropriate action to the director.  The director or the committee may 
contract with outside investigators or agencies for use of their investigators through 
memoranda of understanding or otherwise.
3.  Investigation of conduct and notice of investigation.  Before proceeding with any 
investigation, the director, the committee or staff shall notify the chief administrative 
officer of the agency employing the certificate holder under subsection 2 that the director 
is investigating the certificate holder.  The chief administrative officer shall investigate the 
alleged conduct of the certificate holder or otherwise respond to the complaint and, 
notwithstanding any provision of law to the contrary, report the findings and provide copies 
of the investigative reports to the director within 30 days of receiving notice of the 
investigation along with a recommended disposition.  The director shall proceed with any 
action the director determines appropriate after receiving the chief administrative officer's 
findings and reports.  This subsection does not preclude a chief administrative officer from 
investigating and taking appropriate action up to and including termination of employment 
before receiving a request for an investigation from the director, the committee or staff, as 
long as the chief administrative officer notifies the director following that investigation if 
the investigation reveals reasonable cause to believe that a certificate holder has engaged 
in conduct subject to disciplinary action and provides to the director the findings and 
investigative reports related to the conduct.  This subsection does not preclude the director 
from investigating the conduct of a certificate holder on the director's own initiative or 
referring a matter of such conduct to another agency for investigation regardless of whether 
the director receives an investigative report from the chief administrative officer under this 
subsection.
Sec. 5.  30-A MRSA §4451-B is enacted to read:
§4451-B.  Certificate and disciplinary actions
1.  Disciplinary proceedings and sanctions.  The director or, as delegated, the 
complaint review committee established pursuant to section 4451-A, referred to in this 
section as "the committee," or staff, at the sole discretion of the director, shall investigate 
a complaint on the committee's own motion or upon receipt of a written complaint filed 
with the director regarding noncompliance with or violation of this chapter or any rules 
adopted by the Technical Building Codes and Standards Board, established in Title 5, 
section 12004-G, subsection 5-A, or the Maine Office of Community Affairs.  Investigation 
may include an informal conference under subsection 3 before the committee to determine 
whether grounds exist for suspension, revocation or denial of a certificate or for taking 
other disciplinary action pursuant to this chapter.  The director, the committee or staff may 
subpoena witnesses, records and documents in any investigation or hearing conducted. 
2.  Notice.  The director or, as delegated, the committee or staff shall notify the person 
holding a certificate issued by the Maine Office of Community Affairs or any of its 
predecessors pursuant to section 4451, the agency employing the certificate holder and the 
administrators of the jurisdiction in which the complaint originates of the content of a 
complaint filed against the certificate holder as soon as possible, but in no event later than 
days after the director, the committee or staff receives the initial pertinent information.  
The certificate holder has the right to respond within 30 days in all cases except those 
involving an emergency denial, suspension or revocation, as described in Title 5, chapter 
375, subchapter 5.  The agency employing the certificate holder and the administrators of 
the jurisdiction in which the complaint originates may respond to the director with 
supplementary information and recommendations relevant to the complaint.  If the 
certificate holder's response to the complaint or other information related to the complaint 
satisfies the director, the committee or staff that the complaint does not merit further 
investigation or action, the matter may be dismissed, with notice of the dismissal to the 
complainant, if any. 
3.  Informal conference.  If, in the opinion of the director, the committee or staff, the 
factual basis of the complaint is or may be true and the complaint is of sufficient gravity to 
warrant further action, the director, the committee or staff may request an informal 
conference with the certificate holder under subsection 2.  The director, the committee or 
staff shall provide the certificate holder with adequate notice of the conference and of the 
issues to be discussed.  The certificate holder may, without prejudice, refuse to participate 
in an informal conference if the certificate holder prefers to request an adjudicatory hearing. 
4.  Further action.  If the director or the committee finds that the factual basis of the 
complaint is true and is of sufficient gravity to warrant further action, the director or the 
committee may take any of the following actions. 
A.  The director, the committee or staff may negotiate a consent agreement that resolves 
a complaint or investigation without further proceedings.  A consent agreement may 
be entered into only with the consent of the certificate holder and the director.  
Notwithstanding any provision of law to the contrary, any remedy, penalty or fine that 
is otherwise available by law, even if only in the jurisdiction of the Superior Court, 
may be achieved by consent agreement, including long-term suspension and permanent 
revocation of a certificate issued under this chapter.  A consent agreement is not subject 
to review or appeal and may be modified only by a writing executed by all parties to 
the original consent agreement.  A consent agreement is enforceable by an action in 
Superior Court. 
B.  If a certificate holder offers to voluntarily surrender a certificate, the director, the 
committee or staff may negotiate stipulations necessary to ensure protection of the 
public health and safety and the rehabilitation or education of the certificate holder.  
These stipulations may be set forth only in a consent agreement entered into between 
the director and the certificate holder. 
C.  Unless otherwise indicated in this chapter, if the director concludes that 
modification, suspension, revocation or imposition of any other sanction authorized 
under this subchapter is in order, the director shall notify the certificate holder and 
inform the certificate holder of the right to request an adjudicatory hearing.  If the 
certificate holder requests an adjudicatory hearing in writing within 10 days, the 
hearing must be held by a subcommittee of 3 committee members designated by the 
committee chair or a hearing officer appointed by the director, at the director's sole 
discretion.  The hearing must be in accordance with Title 5, chapter 375, subchapter 4.  
If no request for a hearing is filed within 10 days, the certificate holder is deemed to 
have waived any right to hearing and the director may impose any sanction allowed by 
this subchapter.  The presiding officer of the hearing, after conducting the hearing, shall 
file with the director all papers connected with the case and report recommended 
findings and sanctions to the director, who may approve or modify them.  If the 
certificate holder wishes to appeal the final decision of the director, the certificate 
holder shall file a petition for review pursuant to the Maine Rules of Civil Procedure, 
Rule 80C with the Superior Court within 30 days of receipt of the director's decision.  
Review under this paragraph must be conducted pursuant to Title 5, chapter 375, 
subchapter 7. 
5.  Grounds for action.  The director may take action against an applicant for a 
certificate or certificate holder pursuant to this chapter or any rules adopted pursuant to this 
chapter, including, but not limited to, a decision to impose a civil penalty or to refuse to 
issue a certificate or to modify, suspend or revoke a certificate for any of the following 
reasons: 
A.  Failing to meet certification or recertification requirements; 
B.  Falsifying or misrepresenting material facts in obtaining or maintaining a certificate 
issued pursuant to section 4451; 
C.  Engaging in conduct that violates generally accepted standards in municipal code 
enforcement and that, when viewed in light of the nature and purpose of the person's 
conduct and circumstances known to the person, involves a gross deviation from the 
standard of conduct that a reasonable and prudent certificate holder would observe in 
the same or a similar situation; or 
D.  Engaging in conduct that is a violation of rules adopted by the Maine Office of 
Community Affairs pursuant to subsection 11. 
6.  Discipline.  The director may impose the following forms of discipline upon a 
certificate holder or applicant for a certificate: 
A.  Denial of an application for a certificate, which may occur in conjunction with the 
imposition of another form of discipline; 
B.  Issuance of a written warning, censure or reprimand; 
C.  Suspension of a certificate for up to 3 years.  Execution of all or any portion of a 
term of suspension may be stayed pending successful completion of conditions of 
probation imposed pursuant to paragraph F, except that the suspension remains part of 
the certificate holder's record; 
D.  Revocation of a certificate; 
E.  Imposition of civil penalties of up to $1,500 for each violation of applicable laws, 
rules or conditions of certification or for each instance of actionable conduct or activity; 
or 
F.  Imposition of conditions of probation.  Probation may run for a time period that the 
director determines appropriate.  Probation may include conditions such as additional 
continuing education, mandatory professional supervision of the applicant or certificate 
holder, restrictions and other conditions as the director determines appropriate.  Costs 
incurred in the performance of terms of probation are borne by the applicant or 
certificate holder.  Failure to comply with the conditions of probation may be grounds 
for disciplinary action against a certificate holder. 
7.  Letter of guidance or concern.  The director may issue a letter of guidance or 
concern to a certificate holder.  A letter of guidance or concern may be used to educate, 
reinforce knowledge regarding legal or professional obligations or express concern over 
action or inaction by the certificate holder that does not rise to the level of misconduct 
sufficient to merit disciplinary action.  The issuance of a letter of guidance or concern is 
not a formal proceeding and does not constitute an adverse disciplinary action of any form.  
Notwithstanding any provision of law to the contrary, letters of guidance or concern are 
not confidential.  The director may place letters of guidance or concern, together with any 
underlying complaint, report and investigation materials, in a certificate holder's file for a 
specified period of time, not to exceed 10 years.  Any letters, complaints and materials 
placed on file may be accessed and considered by the director in any subsequent action 
commenced against the certificate holder within the specified time frame.  Complaints, 
reports and investigation materials placed on file remain confidential to the extent required 
by this chapter. 
8.  Injunction.  The State may bring an action in Superior Court to enjoin a person 
from violating any provision of this chapter, regardless of whether civil or administrative 
proceedings have been or may be instituted. 
9.  Recertification.  A person whose certificate has been revoked under this chapter 
may apply to the director for reinstatement of certification if at least one year has elapsed 
since revocation of the certificate and the person is otherwise eligible for reinstatement. 
The granting of recertification under this subsection is governed by rules adopted by the 
Maine Office of Community Affairs pursuant to subsection 11 relating to certification.  The 
person is subject to all training requirements applicable to persons whose certification has 
lapsed. 
10.  Confidentiality; access to documents; public records.  All complaints, charges 
or accusations of misconduct, replies to those complaints, charges or accusations and any 
other information or materials that may result in suspension or revocation of a certificate 
that are considered by the director or the committee are confidential.  If a person subject to 
this chapter requests an adjudicatory hearing under the Maine Administrative Procedure 
Act, that hearing must be open to the public.  The hearing officer who presides over the 
hearing shall issue a written decision that states the conduct or other facts on the basis of 
which action is being taken and the reason for that action.  Once issued, the hearing officer's 
written decision is a public record under the Freedom of Access Act, regardless of whether 
it is appealed.  Any action taken by the director pursuant to this section as a result of a 
complaint, charge or accusation must be supported by a statement of findings and must be 
issued as a written decision of the director.  The written decision of the director and findings 
are public records under the Freedom of Access Act. 
11.  Rulemaking.  The Maine Office of Community Affairs may adopt rules necessary 
to implement this subchapter.  Rules adopted pursuant to this subsection are routine 
technical rules as defined by Title 5, chapter 375, subchapter 2‑A. 
SUMMARY
Current law provides that the District Court may revoke the certificate of a code 
enforcement officer under certain circumstances.  This bill eliminates that provision and 
provides that complaints regarding code enforcement officers may be filed with the 
Director of the Maine Office of Community Affairs.  The bill establishes a complaint 
review committee whose members are appointed by the director.  The director may refer 
complaints to the complaint review committee.  The complaint review committee must 
investigate these complaints and recommend appropriate action to the director.  The bill 
authorizes the director to impose various forms of discipline upon a certificate holder or an 
applicant for a certificate.