An Act to Modify the
Maine Legislature, Session 132, LD 2097
Committee Amendment CA_A_H974 (House)
Amends: 30-A MRSA §4221, 30-A MRSA §4451, 30-A MRSA §4451-A, 30-A MRSA §4451-B, 30-A MRSA §44, 30-A MRSA §4451-D, 30-A MRSA §4451-E, 30-A MRSA §4451-F, 30-A MRSA §4451-G, 30-A MRSA §4451-H

COMMITTEE AMENDMENT " t\ » to H.P, 1412, L.D. 2097, "An Act to Modify the
Law Governing Revocation of a Code Enforcement Officer's Certification"
Amend the bill by striking out everything after the enactmg clause and inserting the
following:
'See. 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 4454 4451 -G.
Sec. 2. 30-AMRSA §4450 is enacted to read;
S4450. Definitions
As used in this subchapter, unless the context otherwise mdicates, the followme terms
have the following meanings.
1. Certificate holder. "Certificate holder" means an individual holdine a code
enforcement officer certificate issued under section 4451 by the former State Planning
Office, the Departmeat 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.
2. Certification review_committee. "Certification review committee" or "cQmm.ittee"
means the committee established in section 4451-A, subsection 1,
3. Division director. "Division director means the_ senior employeerespQnsible for
technical codes coordination in the Division of Building Codes and Standards established
within the Maine Office of Community Affairs in Title 25, section 2372,
4. Staff. "Staff means an employee or contractor of the Maine Office of Community
Affairs established m Title 5. section 3202,
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Sec. 3. 30-A MRSA §4451, sub-§l, ^D, as amended by PL 2025, c. 388, Pt. D,
§3 8, is further amended to read:
D. An individual whose certification has expired or is about to expire may be
temporarily authorized in writing by the Maine Office of Community Affairs to extend
that individual's certification for a period not to exceed 12 months m cases where the
necessary training or examination is suspended under subsection 3-B, paragraph E^
except that beginning July 20, 2026 and ending July 20. 2028. the Maine Office of
Community Affairs may extend an individual's certification for a period not to exceed
24 months,
Sec. 4. 30-A MRSA §4451, sub-§6, as amended by PL 2025,c. 388, Ft. 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-G. 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 tho oertifioute of a code enforcement officer, in
aooordance with Titled, chapter 5, whon it finds that:
(1) The code enforcement officer has practiced fraud or doooption;
(3)—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 inoompotent or unable to perform properly the
duties of the office.
B, Code enforcement officers whose oortifioates are invalidated under this subsection
may be issued new certificates provided that thoy are newly certified as provided in
this section.
Sec. 5. 30-A MRSA §4451-A is enacted to read;
6 S4451-A. Certification review committee
1. Certification review committee; established. The certification review committee
is established to receive. review, iavestieate when apDrooriate and respond to complaints
reearding any violation oflhis subchapter or rules established by the Technical Building
Codes and Standards Board or the Maine Office of Community Affairs by a certificate
holder.
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COMMITTEE AMENDMENT '/^f " to H,P, 1412, L,D, 2097
2. Certification review committee; membersluE, The division director shall aoooint
7 members to serve on the committee. The division director shall name one member as
chair and one member as secretary of the committee.
A. Two of the members must be members of the Technical Buildiap Codes and
Standards Board, established in Title 5. section 12004-G. subsection 5-A, one of whom
must hold a certification pursuant to section 422Lor 4451,
B. The remaining 5 members must be residents of this State who have professional
experience and familiarity with the topic areas for which the Division of Building
Codes and Standards issues certifications, except they may not be members of the
Technical Buildmg Codes and Standards Board, At least one of the 5 members must
be selected from a list of names provided to_the_dmsion director by a statewide
oreanization I'epresentine code enforcement officers.
3. Quorum. 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 disciplinarv action on a comolamt or
to order an independent investigation pursuant to section 4451-D or 4451 -E.
Sec. 6. 30-A MRSA §4451-B is enacted to read:
S4451-B. Receipt and review of complaints
Upon the request of the division director or upon the committee's own motion, the
committee shall review complaints about a certificate holder received regarding
noncompliance with or violation of this subchapter or rules adopted by the_Technical
Building Codes and Standards Board established inTitle_5^_sectionl2004-G, subsection
5-A or the Maine Office of Community Affairs and recommend atiorooriate action to the
division director.
Sec. 7. 30-A MRSA §44S1-C is enacted to read:
§4451-0. Noticei resBonse
Before proceedine with any investigation regarding a complaint filed against a
certificate holder, the division director, the committee or staff shall notify the certificate
holder, the municipality, state agency or entity emoloymg the certificate holder andLthe
admmistra.tors of the jurisdiction in which the comolaint originates of the content of a
complaint filed against the certificate holder and that aninyestigation o^^^ may
3 occur. Notice must be given as soon as possible, but no later than 60 days after the division
director, the committeeor staffreceives the complaint or other pertinent information,
5 1. Certificate holder response. The certificate holder has the right to respond to the
complaint within 30 days of receiving notice of the complaint in all cases except those
7 mvolvine an emergency refusal to renew or an emergency suspension or revocation of a
certificate, as described in Title 5, chapter 375, section 10004.
2. Review and response by employer. Within 30 days of receivineLJiQtice of a
complaint, the municipality, state agency or entity employing the certificate holder shall
review the alleged conduct of the certificate holder or otherwise respond to the complaint
and, notwithstanding anv_BrovisJQn of law to the cQntrary.reEorLthe findings of the review
to the division director along with a recommended disposition,
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COMMITTEE AMENDMENT "A-t-" to H.P. 1412, L,D, 2097
3. Jurisdiction's response. The administrators of_the mnsdiction in which the
complaint originates may respond to the division director with swolementary information
and recommendations relevant to the complaint,
This section does not preclude a municipality, state agency or entity employing a
certificate holder from investieating and takins: appropriate action, up_to and Jncludmg
termination of emplQvment, before it receives notice from the division director, the
committee or staff under this section, as long as the municipality, state agency or entity
notifies the division du'ector following its investieation if the investigation reveals
reasonable cause to believe that a certificate holder has engaged in conduct subiect to
disciplinary action and provides to the division director the fmdmgs related to the conduct,
This section does not preclude the division director from investigating the conduct of
a certificate holder on the division director's own initiative.
Sec. 8. 30-A MRSA §4451-D is enacted to read:
S4451-D. Further action
The division director may proceed with any action the division director determmes
appropriate after the resRQnse time periQds in subsectiQn 4451-C have passed, Further
action may include, but is not limited to. the following:
1. Dismissal of complaint. If the certificate holder's response to the complauit or other
information related to the complaint satisfies the division director. the committee or staff
that the complaint does not merit further investigation or action, the matter may be
dismissed by the division director or the committee, with notice of the dismissal to the
certificate holder and the complainant, if any;
2,_ Referral. The division director may refer the matter of the comnlaint to another
agency for investieation regardless of whether the division director receives a response
under section 4451-C, with notice of the referral to the certificate holder; or
3. Investigation. The division director at the division director's sole discretion or. as
delegated, the committee or staff, may investigate a complamt that is not dismissed or
referred under this section. An investieation may include an informal conference under
section 4451 -E to determine whether grounds exist to deny an apnlicationfor a certification
0 or recertification or for modification, suspension or revocation of a certificate or for taking
other_discmlmarY action pursuant to this section and section 4451 -G. The division director
or the committee may contract with outside investigators or agencies for use of their
investieators through memoranda of understanding or other written agreement, The
division director, the committee or staff may subpoena witnesses, records and documents
5 in any investigation or hearinR conducted.
Sec. 9. 30-A MRSA §4451-E is enacted to read:
S4451-E. Informal conference
8 If. in the opinion of the division director, the committee or staff, the factual basis of the
com.plamt is or may be true and the complaint is of sufficient gravity to warrant further
action, the division director, the committee or staff may request an mformal conference
with the certificate holder either prior to or during an investigation. The division director.
the committee or_staff shall provide the certificate holder with adequate notice of the
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conference and of the issues to be discussed. The certificate holder may. without prejudice.
refuse to participate in an informal conference,
Sec. 10. 30-A MRSA §4451-F is enacted to read;
84451-F. Grounds for action
The division director or the committee may take action against an applicant for a
certificate or a certificate holder pursuant to this subchapter or_an-vrules adopted pursuant
to this subchapter. includine, but not limited to. a decision to refuse to issue or renew a
certificate or to modify. suspend or revoke a certificate for one or more of the fQllowm
reasons:
1. CertificatiQnor recertification reauirements. Failine to meet certification or
recertification requirements;
2. Material facts. Falsifying or misrepresentmg material facts in obtaining or
maintaining a certificate issued pursuant to section 4451 ;
3. Dishonest, fraudulent or illeeal conduct; intentional misconduct. Engaging in
conduct constituting dishonest. fraudulent or illegal dealings or intentional misconduct that.
when viewed in light of the nature and purpose of the person's conduct and circumstances
known to the person, involves deviation from the standard of conduct, as defined in mle.
that a reasonable and prudent certificate holder would observe in the same or a similar
situation; or
4. Duries authorize^^^^^^^^^ failmfi to effectivelv Derfonn the duties authorized
by the issued certificate.
Sec. 11. 30-A MRSA §4451-G is enacted to read:
84451-G. Action after investieation
If the division director or the c'ommittee finds that the factual basis of the comDlaint is
true and is of sufficient gravity to warrant further action, the division du-ector or the
committee may take any o^^^
1. Letter of guidance or concern. The division director may issue a letter of guidance
8 or^ conoem to a certificate holder. A letter of guidance or concern may be used to educate.
reinforce laiowledee regarding legal or professional oblieations or express concern over
0 action or inaction by the certificate holder that does not rise to the level of misconduct
sufficient to merit discmlinary action. The issuance of a letter of guidance or concern is
2 not a formal proceeding and does not constitute an adverse disciplinary action,
Notwithstanding any provision of law to the contrary, letters of guidance or concern are
not confidential. The division du-ector may place letters of euidance or concern, together
5 with any underlying complaint, report and investigation materials, in a certificate holder's
file for a specified_BerioiM^^^^ not to exceed 10 years. Any letters. complamts and
7 materials placed on file may be accessed and considered by the division director in any
subsequent action commenced aeainst the certificate holder within the specified time
9 frame, Complaints, reports and investieation materials placed on file remain confidential
to the extent required by this subchaoter.
2, Consent agreement. The division director, the committee or staff may negotiate a
consent aei'eement that resolves a complaint or investieation without further proceedings,
A_consent agreement may be entered into only with the consent of the certificate holder
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and the division 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
modification, susfiension_and permanent revocation ofL_a certificate issued under this
subchapter. A consent agreement is not subject to review or appeal and may be modified
only by a writmg_executed by the_ certificate holder andjhe division director. A consent
agreement is enforceable by an action in Superior Court,
3. Voluntary surrender of certificate. If a certificate holder offers to voluntarilv
surrender a certificate, the division 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 division director and the certificate
holder.
4. JVIodification, suspension, revocation of certificate or other sanction or
discipline. The division director or the committee may impose the following forms of
discipline upon a certificate holder_or applicant for a certificate:
A. Denial of an application for a certificate or recertification. 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 pendmg_s_uccessful completion of conditions of
Brobation imoosed pursuant to paragraph F. except that the suspension remains part of
the certificate holder's record;
D, Revocation of a certificate;
5 E, Modification of a certificate; or
F, Imposition of conditions of probation. Probation may run for a time period that the
division director determines appropriate, Probation may include conditions such as
additional continuine education, mandatory professional supervision of the applicant
or certificate holder, restrictions and other conditions as the division director
determines appropriate. Costs incurred in the performance of terms of probation are
borne _bv the applicant or certificate holder. Failure to comtilv with the conditions of
probation mav be grounds for disciplinary action against a certificate holder.
5. Request for_adiudicaton' hearine. Unless otherwise indicated in this subchapter.
if the division director or the committee concludes that modification. suspension.
revocation or imDosition of any other sanction or discipline authorized under this
subchaoter is m order, the division director, the committee or staff shall notify the
certificate holder and inform the certificate holder of the right to request an adjudicatory
8 hearing. If the certificate holder requests an adiudicatorv hearme in writing within 21 days.
the hearme must be held by a subcommittee of 3 committee members designated by the
committee chair or a hearing officer, at the committee's sole discretion. The hearing must
be in accordance with Title 5, chapter 375. subchapter 4 and must be held within 60 days
of the certificate holder's request for hearing. The subcommittee or the hearing officer.
after conducting the hearing. shall file with the committee all papers connected with the
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case and report recommended fmdings and sanctions to the committee, which ma^Jn
consultation with the division director, approve or modify th_em.
If. after the adjudicatory hearing, the certificate holder wishes to appeal the final decision
of the division director or the committee, 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 division director's or the committee's written decision.
Review under this subsection must be conducted pursuant to Title 5, chapter 375.
subchapter 7. If a request for a hearing is not filed within 21 days. the certificate holder is
deemed to have waived any right to hearing and the division director mav. in consultation
with the committee, impose any sanction or disciDline_allowed by this subchapter,
6. Injunction. The State may bring an action in Superior Court to enioin a person
from violating any provision of this subchapter. regardless of whether civil or
administrative proceedines have been or may be instituted.
7. Recertification. A person whose certificate has been revoked under this subchapter
may apply to the division 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_Byrsuantto _section 445 1 -I relating to
certification. The person is sub! ect to all training requirements applicable to persons whose
certification has lapsed.
Sec. 12. 30-A MRSA §4451-H is enacted to read;
84451-H. 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 are considered by the
division director or the committee are confidential. If a person subject to this chapter
requests an adiudicatory hearing_ynder_the Maine_A_dmmistratweJPrQcedure that
hearing must be open to the public. The subcommittee or hearing officer that presidesjover
the hearing shall issue a written decision that states the conduct or other _fa^tson^^
of which action is being taken and the reason for that action. Once issued, the written
decision is a public record under the Freedom of Access Act, regardless of whetherjt is
appealed, Any action taken by the division director pursuant to this subchaoter as a result
of a complaint, charge or accusation must be supported by a statement offmdings and must
be issued as a written decision of the division director, The written decision of the division
director and fmdinps are public records under the Freedom of Access Act,
Sec. 13. 30-A MRSA §4451-1 is enacted to read;
§4451-1. Rulemakine
The Maine Office of Community Affairs may adopt rules necessary to implement this
8 subchaoter. Rules adopted pursuant to this section are routine technical rules as defmed in
Title 5. chapter 375, subchapter 2-A.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
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COMMITTEE AMENDMENT "/4 " to H.P, 1412, L.D, 2097
SUMMARY
This amendment, which is the majority report of the committee, replaces the bill and
does the following.
1. It reorganizes the bill to provide clarity.
2. It replaces the definition of "director" with a definition of "division director" and
replaces the word "director" with "division director" throughout the bill.
3, It adds defmitions of "certificate holder" and "certification review committee."
4, It allows the Maine Office of Community Affairs to extend a code enforcement
officer's certification for up to 24 months between July 20, 2026 and July 20, 2028.
5. It clarifies that a certificate holder may be employed by a municipality, a state
agency or an entity.
6, It removes the requirement that a certificate holder's employer investigate a
complaint filed with the Division of Building Codes and Standards.
7. It removes the requirement that a certificate holder's employer share information,
other than findings, from the employer's investigation of the certificate holder.
8, It removes the civil penalty option for a violation of laws or rules applicable to the
work of a certificate holder.
9. It adds a requu-ement that a certificate holder be notified if the complaint against the
certificate holder is dismissed.
10, It makes confidential all complaints, charges or accusations of misconduct and any
other information or materials that are considered by the division director or the committee.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved: 03/31/26 LRL
LD 2097 LR 2777(02)
An Act to Modify the Law Governing Revocation of a Code Enforcement Officer's Certification
Fiscal Note for Bill as Amended by Committee Amendment "/^' { H —-
Committee: Housing and Economic Development
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase - General Fund
Minor revenue increase - General Fund
Correctional and Judicial Impact Statements
This bill may increase the number of civil suits filed in the court system. The additional workload associated with the
minimal number of new cases filed in the court system does not require additional funding at this time, The collection
of additional filing fees will increase General Fund revenue by minor amounts.'
Fiscal Detail and Notes
Any additional costs to the Maine Office of Community Affairs from the provisions of this bill are expected to be
minor and can be absorbed within existing budgeted resources.
LR2777(02) - Fiscal Note - Page 1 of 1