reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 135: MAINE UNIFORM SECURITIES ACT › Subchapter 5: FRAUD AND LIABILITIES › 32 §16506. Misrepresentations concerning licensing, registration or exemption

§16506. Misrepresentations concerning licensing, registration or exemption
The filing of an application for licensing, registration, a registration statement, a notice filing under this chapter, the licensing of a person, the notice filing by a person or the registration of a security under this chapter does not constitute a finding by the administrator that a record filed under this chapter is true, complete and not misleading. The filing, licensing or registration or the availability of an exemption, exception, preemption or exclusion for a security or a transaction does not mean that the administrator has passed upon the merits or qualifications of, or recommended or given approval to, a person, security or transaction. It is unlawful to make or cause to be made to a purchaser, customer, client or prospective customer or client a representation inconsistent with this section.   [PL 2005, c. 65, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2005, c. 65, §A2 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 135: MAINE UNIFORM SECURITIES ACT › Subchapter 5: FRAUD AND LIABILITIES › 32 §16507. Qualified immunity

§16507. Qualified immunity
A broker-dealer, agent, investment adviser, federal covered investment adviser or investment adviser representative is not liable to another broker-dealer, agent, investment adviser, federal covered investment adviser or investment adviser representative for defamation relating to a statement that is contained in a record required by the administrator or designee of the administrator, the Securities and Exchange Commission or a self-regulatory organization, unless the person knew, or should have known at the time that the statement was made, that it was false in a material respect or the person acted in reckless disregard of the statement's truth or falsity.   [PL 2005, c. 65, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2005, c. 65, §A2 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 135: MAINE UNIFORM SECURITIES ACT › Subchapter 5: FRAUD AND LIABILITIES › 32 §16508. Criminal penalties

§16508. Criminal penalties
1.  Criminal penalties.
A person that intentionally or knowingly violates this chapter, or a rule adopted or order issued under this chapter, except section 16504 or the notice filing requirements of section 16302 or 16405, or that intentionally or knowingly violates section 16505 knowing the statement made to be false or misleading in a material respect, upon conviction, commits a Class C crime. In any prosecution under this section, the State need not prove that the defendant knew that any instrument involved was a security, that any instrument was required to be registered under section 16301 or that any license was required under sections 16401 to 16404. An individual convicted of violating a rule or order under this chapter may be fined, but may not be imprisoned, if the individual did not have knowledge of the rule or order.
[PL 2013, c. 39, §2 (AMD).]
2.  Referral to Attorney General.
The administrator may refer such evidence as is available concerning violations of this chapter or any rule or order issued under this chapter to the Attorney General, who may, with or without such a reference from the administrator, institute the appropriate criminal proceedings under this chapter. The Attorney General may request assistance from the administrator or employees of the administrator.
[PL 2005, c. 65, Pt. A, §2 (NEW).]
3.  No limitation on other criminal enforcement.
This chapter does not limit the power of this State to punish a person for conduct that constitutes a crime under other laws of this State.
[PL 2005, c. 65, Pt. A, §2 (NEW).]
4.  Venue.
When a person pursuant to one scheme or course of conduct, whether upon the same person or several persons, engages in fraudulent or other prohibited practices, engages in unlawful transactions of business or other unlawful conduct or engages in unlawful offers to sell or purchase or unlawful sales or purchases under this chapter, the State may opt for a single Class C count, and, in that circumstance, prosecution may be brought in any venue in which one or more of the unlawful acts were committed.
[PL 2005, c. 65, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2005, c. 65, §A2 (NEW). PL 2013, c. 39, §2 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 135: MAINE UNIFORM SECURITIES ACT › Subchapter 5: FRAUD AND LIABILITIES › 32 §16511. Right to rescission applicable to sales of viatical or life settlement contracts

§16511. Right to rescission applicable to sales of viatical or life settlement contracts
1.  Right to rescind transaction.
In addition to any other rights provided for under this chapter or otherwise, an investor, other than an institutional investor, who purchases a viatical or life settlement contract may rescind the investment by giving written notice of rescission to the entity designated for such notice in the disclosure documents, by ordinary mail postage prepaid, within 30 business days following the later of:
A. The day on which the investor received the final disclosure document pertaining to the transaction as required under this chapter and the rules or orders under this chapter; and   [PL 2005, c. 65, Pt. A, §2 (NEW).]
B. The day on which the investor paid the required consideration for the purchase of the viatical or life settlement contract.   [PL 2005, c. 65, Pt. A, §2 (NEW).]
[PL 2005, c. 65, Pt. A, §2 (NEW).]
2.  Form of notice.
The notice is sufficient if addressed to the entity designated for such notice at the address given in the disclosure statement pertaining to the transaction. Notice of rescission is effective upon deposit in the United States mail. The notice of rescission need not take a particular form and is sufficient if it expresses the intention of the purchaser to rescind the transaction.
[PL 2005, c. 65, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2005, c. 65, §A2 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 135: MAINE UNIFORM SECURITIES ACT › Subchapter 5-A: SECURITIES RESTITUTION ASSISTANCE FUND › 32 §16521. Definitions

§16521. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2021, c. 576, §1 (NEW).]
1.  Claimant.
"Claimant" means a victim that files an application for restitution assistance under this subchapter. "Claimant" includes the named party in a restitution award in a final order, the executor of a named party in a restitution award in a final order, the heirs and assigns of a named party in a restitution award in a final order and any other person with lawful authority to act for or on behalf of a named party in a restitution award in a final order.
[PL 2021, c. 576, §1 (NEW).]
2.  Eligible adult.
"Eligible adult" means:
A. An individual 65 years of age or older; or   [PL 2021, c. 576, §1 (NEW).]
B. An individual protected under the Adult Protective Services Act.   [PL 2021, c. 576, §1 (NEW).]
[PL 2021, c. 576, §1 (NEW).]
3.  Final order.
"Final order" means a final order issued by the administrator under this chapter or a final order issued by a court in a legal action initiated by the administrator under this chapter.
[PL 2021, c. 576, §1 (NEW).]
4.  Fund.
"Fund" means the Securities Restitution Assistance Fund established under section 16522.
[PL 2021, c. 576, §1 (NEW).]
5.  Securities violation.
"Securities violation" means a violation of this chapter and any rules adopted pursuant to this chapter.
[PL 2021, c. 576, §1 (NEW).]
6.  Victim.
"Victim" means a person that suffered monetary injury as a result of a securities violation and was awarded restitution in a final order.
[PL 2021, c. 576, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 576, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 135: MAINE UNIFORM SECURITIES ACT › Subchapter 5-A: SECURITIES RESTITUTION ASSISTANCE FUND › 32 §16522. Securities Restitution Assistance Fund

§16522. Securities Restitution Assistance Fund
1.  Fund established.
The Securities Restitution Assistance Fund is established within the Department of Professional and Financial Regulation, Office of Securities to provide funds for restitution assistance for victims that were awarded restitution in a final order issued by the administrator under this chapter or were awarded restitution in a final order in a legal action initiated by the administrator under this chapter but did not receive the full amount of restitution ordered before the application for restitution assistance under section 16523, subsection 2 was due.
[PL 2021, c. 576, §1 (NEW).]
2.  Funding.
The fund consists of the following amounts received by the administrator:
A. Five dollars of each annual agent renewal license fee paid if the operating fund balance of the Office of Securities under section 16601, subsection 6 as of October 1st of the previous calendar year exceeds 135% of the office's current annual budget;   [PL 2021, c. 576, §1 (NEW).]
B. Five dollars of each annual investment adviser representative renewal license fee paid if the operating fund balance of the Office of Securities under section 16601, subsection 6 as of October 1st of the previous calendar year exceeds 135% of the office's current annual budget;   [PL 2021, c. 576, §1 (NEW).]
C. All grants, donations and payments received or accepted by the administrator for victim restitution assistance; and   [PL 2021, c. 576, §1 (NEW).]
D. Any other amounts designated by the administrator for victim restitution assistance.   [PL 2021, c. 576, §1 (NEW).]
[PL 2021, c. 576, §1 (NEW).]
3.  Nonlapsing fund.
The amounts received for the fund may be used by the administrator only to pay awards of restitution assistance under this subchapter and to administer this subchapter and may not be placed in the General Fund. Any balance in the fund does not lapse but must be carried forward to be used for the same purposes.
[PL 2021, c. 576, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 576, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 135: MAINE UNIFORM SECURITIES ACT › Subchapter 5-A: SECURITIES RESTITUTION ASSISTANCE FUND › 32 §16523. Claims

§16523. Claims
1.  Eligible victims.
The following victims are eligible for restitution assistance:
A. A natural person who was a resident of the State at the time of the securities violation; and   [PL 2021, c. 576, §1 (NEW).]
B. A person, other than a natural person, that was domiciled in the State at the time of the securities violation.   [PL 2021, c. 576, §1 (NEW).]
[PL 2021, c. 576, §1 (NEW).]
2.  Application.
A person that is eligible for restitution assistance under this subchapter may submit an application in a manner and form prescribed by the administrator. The administrator may provide forms for the submission of applications.
[PL 2021, c. 576, §1 (NEW).]
3.  Deadline.
The application for restitution assistance under this subchapter must be received by the administrator not more than one year after the date of the final order awarding restitution to the victim.
[PL 2021, c. 576, §1 (NEW).]
4.  Extension.
Notwithstanding subsection 3, the administrator may grant an extension of time for submission of an application for restitution assistance for good cause shown by the claimant.
[PL 2021, c. 576, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 576, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 135: MAINE UNIFORM SECURITIES ACT › Subchapter 5-A: SECURITIES RESTITUTION ASSISTANCE FUND › 32 §16524. Confidentiality of personal information

§16524. Confidentiality of personal information
Personal information contained in an application for restitution assistance under this subchapter is not subject to disclosure to the extent the information is designated as not a public record by section 16607, subsection 2, paragraph E.   [PL 2021, c. 576, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 576, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 135: MAINE UNIFORM SECURITIES ACT › Subchapter 5-A: SECURITIES RESTITUTION ASSISTANCE FUND › 32 §16525. Payment of restitution assistance; limits

§16525. Payment of restitution assistance; limits
1.  Payment cap.
The administrator may award to a claimant restitution assistance that is:
A. The lesser of $15,000 and 25% of the amount of unpaid restitution awarded in the final order if the victim is not an eligible adult; or   [PL 2021, c. 576, §1 (NEW).]
B. The lesser of $30,000 and 50% of the amount of unpaid restitution awarded in the final order if the victim is an eligible adult.   [PL 2021, c. 576, §1 (NEW).]
[PL 2021, c. 576, §1 (NEW).]
2.  Waiver.
The administrator may waive the payment caps in subsection 1 for good cause shown.
[PL 2021, c. 576, §1 (NEW).]
3.  Award limited.
An award of restitution assistance under this subchapter may be made to only one claimant per victim.
[PL 2021, c. 576, §1 (NEW).]
Restitution assistance awards may be made under this subchapter only to victims awarded restitution in a final order issued on or after the effective date of this subchapter.   [PL 2021, c. 576, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 576, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 135: MAINE UNIFORM SECURITIES ACT › Subchapter 5-A: SECURITIES RESTITUTION ASSISTANCE FUND › 32 §16526. Conditions under which award of restitution assistance prohibited

§16526. Conditions under which award of restitution assistance prohibited
The administrator may not award restitution assistance if:   [PL 2021, c. 576, §1 (NEW).]
1.  Participating in or committing securities violation.
The victim sustained the monetary injury primarily as a result of:
A. Participating or assisting in a securities violation; or   [PL 2021, c. 576, §1 (NEW).]
B. Attempting to commit or committing a securities violation;   [PL 2021, c. 576, §1 (NEW).]
[PL 2021, c. 576, §1 (NEW).]
2.  Profit from securities violation.
The victim profited or would have profited from a securities violation;
[PL 2021, c. 576, §1 (NEW).]
3.  Previous restitution assistance.
The victim has received restitution assistance under this subchapter in the previous 5 years; or
[PL 2021, c. 576, §1 (NEW).]
4.  Final order overturned.
An award of restitution in a final order is overturned on appeal.
[PL 2021, c. 576, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 576, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 135: MAINE UNIFORM SECURITIES ACT › Subchapter 5-A: SECURITIES RESTITUTION ASSISTANCE FUND › 32 §16527. Final order overturned; recovery of restitution assistance

§16527. Final order overturned; recovery of restitution assistance
If an award of restitution in a final order is overturned on appeal after restitution assistance under this subchapter has been paid, the administrator in the administrator's discretion may recover the restitution assistance from the claimant by order or may request that the Attorney General bring a civil action to recover the restitution assistance.   [PL 2021, c. 576, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 576, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 135: MAINE UNIFORM SECURITIES ACT › Subchapter 5-A: SECURITIES RESTITUTION ASSISTANCE FUND › 32 §16528. Award not subject to execution, attachment, garnishment or other process

§16528. Award not subject to execution, attachment, garnishment or other process
A restitution assistance award made by the administrator under this subchapter is not subject to execution, attachment, garnishment or other process, except an execution, attachment, garnishment or other process brought by or on behalf of the State.   [PL 2021, c. 576, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 576, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 135: MAINE UNIFORM SECURITIES ACT › Subchapter 5-A: SECURITIES RESTITUTION ASSISTANCE FUND › 32 §16529. Claimant convicted of forgery, fraud, deception or falsification forfeits restitution assistance award; recovery

§16529. Claimant convicted of forgery, fraud, deception or falsification forfeits restitution assistance award; recovery
1.  Conviction in connection with claim.
A claimant convicted of any crime involving forgery, fraud, deception or falsification in connection with a claim made under this subchapter forfeits any restitution assistance award paid to the claimant under this subchapter.
[PL 2021, c. 576, §1 (NEW).]
2.  Civil action for recovery.
The administrator may request that the Attorney General bring a civil action in accordance with section 16603 to recover funds awarded to a claimant convicted of any crime involving forgery, fraud, deception or falsification in connection with a claim made under this subchapter.
[PL 2021, c. 576, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 576, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 135: MAINE UNIFORM SECURITIES ACT › Subchapter 5-A: SECURITIES RESTITUTION ASSISTANCE FUND › 32 §16530. Rights of State

§16530. Rights of State
1.  Subrogation.
The State is subrogated to the rights of a claimant awarded restitution assistance under this subchapter to the extent of the restitution assistance award made. The subrogation rights are against the person ordered to pay restitution to a victim for a securities violation.
[PL 2021, c. 576, §1 (NEW).]
2.  Lien on recovery.
The State is entitled to a lien in the amount of the restitution assistance award on any recovery made by or on behalf of a victim. The State may assert its right to this amount in a separate action or intervene in an action brought by or on behalf of the victim.
[PL 2021, c. 576, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 576, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 135: MAINE UNIFORM SECURITIES ACT › Subchapter 5-A: SECURITIES RESTITUTION ASSISTANCE FUND › 32 §16531. Refund of excess award

§16531. Refund of excess award
A claimant shall refund to the administrator any amount of restitution received that when combined with the restitution assistance under this subchapter exceeds the restitution award in the final order.   [PL 2021, c. 576, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 576, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 135: MAINE UNIFORM SECURITIES ACT › Subchapter 5-A: SECURITIES RESTITUTION ASSISTANCE FUND › 32 §16532. Return of recovered money to fund

§16532. Return of recovered money to fund
The administrator shall return to the fund any money recovered by the administrator under this subchapter.   [PL 2021, c. 576, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 576, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 135: MAINE UNIFORM SECURITIES ACT › Subchapter 5-A: SECURITIES RESTITUTION ASSISTANCE FUND › 32 §16533. Suspension of payment

§16533. Suspension of payment
If payment of restitution assistance under this subchapter would result in a fund balance below $250,000, the administrator may suspend payment of claims or prorate payment of claims at the administrator's discretion until such time as the administrator determines a sufficient balance has been restored to the fund.   [PL 2021, c. 576, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 576, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 135: MAINE UNIFORM SECURITIES ACT › Subchapter 5-A: SECURITIES RESTITUTION ASSISTANCE FUND › 32 §16534. Rulemaking

§16534. Rulemaking
The administrator may adopt rules pursuant to the Maine Administrative Procedure Act to carry out the purposes of this subchapter. Rules adopted under this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2021, c. 576, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 576, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 135: MAINE UNIFORM SECURITIES ACT › Subchapter 6: ADMINISTRATION AND JUDICIAL REVIEW › 32 §16606. Administrative files and opinions

§16606. Administrative files and opinions
1.  Public register of filings.
Subject to state record-keeping requirements, the administrator shall maintain, or designate a person to maintain, records or a register of: applications for registration of securities; registration statements; notice filings; applications for registration of broker-dealers, agents, investment advisers and investment adviser representatives; notice filings by federal covered investment advisers that are or have been effective under this chapter or the predecessor act; notices of claims of exemption from registration or notice filing requirements contained in a record; orders issued under this chapter or the predecessor act; and interpretative opinions or no action determinations issued under this chapter. Records may be maintained in computer or microform format or any other form of data storage, as long as the records are readily accessible.
[PL 2005, c. 65, Pt. A, §2 (NEW).]
2.  Public availability.
The administrator shall make all rules, forms, interpretative opinions, advisory rulings, consent agreements and orders available to the public.
[PL 2005, c. 65, Pt. A, §2 (NEW).]
3.  Copies of public records.
The administrator shall furnish a copy of a record that is a public record or a certification that the public record does not exist to a person that so requests. A rule adopted or order issued under this chapter may establish a reasonable charge for furnishing the record, not to exceed $.50 per page; for providing a licensee register in an electronically readable format, not to exceed $20 per copy; or for certification, not to exceed $10 per certified record. A copy of the record certified or a certificate by the administrator of a record's nonexistence is prima facie evidence of a record or its nonexistence. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2007, c. 14, §13 (AMD).]
SECTION HISTORY
PL 2005, c. 65, §A2 (NEW). PL 2007, c. 14, §13 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 135: MAINE UNIFORM SECURITIES ACT › Subchapter 6: ADMINISTRATION AND JUDICIAL REVIEW › 32 §16609. Judicial review

§16609. Judicial review
1.  Judicial review of orders.
Notwithstanding Title 10, section 8003, subsection 5, any person aggrieved by a final order of the administrator may obtain judicial review of the order in the Superior Court of Kennebec County by filing a petition in accordance with Title 5, section 11001 and the Maine Rules of Civil Procedure, Rule 80C.
[PL 2005, c. 65, Pt. A, §2 (NEW).]
2.  Judicial review of rules.
A rule adopted under this chapter is subject to judicial review in accordance with the Maine Administrative Procedure Act.
[PL 2005, c. 65, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2005, c. 65, §A2 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 135: MAINE UNIFORM SECURITIES ACT › Subchapter 6: ADMINISTRATION AND JUDICIAL REVIEW › 32 §16611. Service of process

§16611. Service of process
1.  Signed consent to service of process.
A consent to service of process must be signed and filed on a form designated by the administrator. A consent appointing the administrator the person's agent for service of process in a noncriminal action or proceeding against the person, or the person's successor or personal representative under this chapter or a rule adopted or order issued under this chapter after the consent is filed, has the same force and validity as if the service were made personally on the person filing the consent. A person that has filed a consent complying with this subsection in connection with a previous application for licensing or registration or a previous exemption or notice filing need not file an additional consent.
[PL 2005, c. 65, Pt. A, §2 (NEW).]
2.  Conduct constituting appointment of agent for service.
If a person, including a nonresident of this State, engages in an act, practice or course of business prohibited or made actionable by this chapter or a rule adopted or order issued under this chapter and the person has not filed a consent to service of process under subsection 1, the act, practice or course of business constitutes the appointment of the administrator as the person's agent for service of process in a noncriminal action or proceeding against the person or the person's successor or personal representative.
[PL 2005, c. 65, Pt. A, §2 (NEW).]
3.  Procedure for service of process.
Service under subsection 1 or 2 may be made by providing a copy of the process to the office of the administrator, but it is not effective unless:
A. The plaintiff, which may be the administrator, promptly sends notice of the service and a copy of the process, return receipt requested, to the defendant or respondent at the address set forth in the consent to service of process or, if a consent to service of process has not been filed, at the last known address or takes other reasonable steps to give notice; and   [PL 2005, c. 65, Pt. A, §2 (NEW).]
B. The plaintiff files an affidavit of compliance with this subsection in the action or proceeding on or before the return day of the process, if any, or within the time that the court, or the administrator in a proceeding before the administrator, allows.   [PL 2005, c. 65, Pt. A, §2 (NEW).]
[PL 2005, c. 65, Pt. A, §2 (NEW).]
4.  Service in administrative proceedings or civil actions by administrator.
Service pursuant to subsection 3 may be used in a proceeding before the administrator or by the administrator in a civil action in which the administrator is the moving party.
[PL 2005, c. 65, Pt. A, §2 (NEW).]
5.  Opportunity to defend.
If process is served under subsection 3, the court, or the administrator in a proceeding before the administrator, shall order continuances as are necessary or appropriate to afford the defendant or respondent reasonable opportunity to defend.
[PL 2005, c. 65, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2005, c. 65, §A2 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 135: MAINE UNIFORM SECURITIES ACT › Subchapter 6: ADMINISTRATION AND JUDICIAL REVIEW › 32 §16612. Liability of control persons

§16612. Liability of control persons
In an administrative action brought by the administrator, or a civil action brought by the Attorney General for a violation of any provision of this chapter or any rule or order adopted or issued by the administrator pursuant to this chapter, every person who directly or indirectly controls another person liable for the violation, every partner, officer or director of that other person, every person occupying a similar status or performing similar functions, every employee of that other person who materially aids in the act or transaction constituting the violation and every broker-dealer, agent, investment adviser or investment adviser representative who materially aids in the act or transaction constituting the violation is liable to the same extent as that other person, unless the person otherwise secondarily liable under this chapter proves that the person did not know, and in the exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist. Any of the remedies authorized by section 16603, subsection 2 may be granted with respect to a person secondarily liable under this section. This section is not intended to abrogate any right to contribution that may exist at common law with respect to an award of restitution.   [PL 2005, c. 65, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2005, c. 65, §A2 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 135: MAINE UNIFORM SECURITIES ACT › Subchapter 6: ADMINISTRATION AND JUDICIAL REVIEW › 32 §16613. Administrative determination of abandonment

§16613. Administrative determination of abandonment
A pending license application, registration statement, exemption filing or notice filing may be considered abandoned if the administrator has not received a response to inquiries or deficiency notices for a period of at least 120 days. The administrator shall send an abandonment notice to the last known address of the applicant or filer. The applicant or filer must respond to the abandonment notice within 30 days to avoid an abandonment determination. The abandonment of an application does not preclude the filing of a subsequent application for licensing, registration statement, exemption filing or notice filing.   [PL 2005, c. 65, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2005, c. 65, §A2 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 135: MAINE UNIFORM SECURITIES ACT › Subchapter 7: TRANSITION › 32 §16701. Effective date

§16701. Effective date
This chapter takes effect December 31, 2005.   [PL 2005, c. 65, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2005, c. 65, §A2 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 135: MAINE UNIFORM SECURITIES ACT › Subchapter 7: TRANSITION › 32 §16702. Application

§16702. Application
The application of this chapter to existing proceedings and existing rights and duties is described in this section.   [PL 2005, c. 65, Pt. A, §2 (NEW).]
1.  Applicability of predecessor act to pending proceedings and existing rights.
The predecessor act exclusively governs all actions or proceedings that are pending on the effective date of this chapter or may be instituted on the basis of conduct occurring before the effective date of this chapter, but a civil action may not be maintained to enforce any liability under the predecessor act unless instituted within any period of limitation that applied when the cause of action accrued or within 5 years after the effective date of this chapter, whichever is earlier.
[PL 2005, c. 65, Pt. A, §2 (NEW).]
2.  Continued effectiveness under predecessor act.
All effective licenses and registrations under any predecessor act, all administrative orders relating to the registrations, rules, statements of policy, interpretative opinions, declaratory rulings, no action determinations and conditions imposed on the licenses and registrations under any predecessor act remain in effect while they would have remained in effect if this chapter had not been enacted. They are considered to have been filed, issued or imposed under this chapter, but are exclusively governed by that predecessor act.
[PL 2005, c. 65, Pt. A, §2 (NEW).]
3.  Applicability of predecessor act to offers or sales.
The predecessor act exclusively applies to an offer or sale made within one year after the effective date of this chapter pursuant to an offering made in good faith before the effective date of this chapter on the basis of an exemption available under the predecessor act.
[PL 2005, c. 65, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2005, c. 65, §A2 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 135: MAINE UNIFORM SECURITIES ACT › Subchapter 8: PROTECTION OF VULNERABLE ADULTS FROM FINANCIAL EXPLOITATION › 32 §16801. Definitions

§16801. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2019, c. 17, §1 (NEW).]
1.  Eligible adult.
"Eligible adult" means:
A. An individual 65 years of age or older; or   [PL 2019, c. 17, §1 (NEW).]
B. An individual protected under the Adult Protective Services Act.   [PL 2019, c. 17, §1 (NEW).]
[PL 2019, c. 17, §1 (NEW).]
2.  Financial exploitation.
"Financial exploitation" means:
A. The wrongful or unauthorized taking, withholding, appropriation or use of money, assets or property of an eligible adult; or   [PL 2019, c. 17, §1 (NEW).]
B. Any act or omission made by a person, including through the use of a power of attorney, guardianship or conservatorship of an eligible adult, to:
(1) Obtain control, through deception, intimidation or undue influence, over the eligible adult's money, assets or property to deprive the eligible adult of the ownership, use, benefit or possession of the eligible adult's money, assets or property; or
(2) Convert money, assets or property of the eligible adult to deprive the eligible adult of the ownership, use, benefit or possession of the eligible adult's money, assets or property.   [PL 2019, c. 17, §1 (NEW).]
[PL 2019, c. 17, §1 (NEW).]
3.  Qualified individual.
"Qualified individual" means an agent, investment adviser representative or individual who serves in a supervisory, compliance or legal capacity for a broker-dealer or investment adviser.
[PL 2019, c. 17, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 17, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 135: MAINE UNIFORM SECURITIES ACT › Subchapter 8: PROTECTION OF VULNERABLE ADULTS FROM FINANCIAL EXPLOITATION › 32 §16802. Governmental disclosures

§16802. Governmental disclosures
If a qualified individual reasonably believes that financial exploitation of an eligible adult may have occurred, may have been attempted or is being attempted, the qualified individual shall promptly notify the Department of Health and Human Services and the administrator.   [PL 2019, c. 17, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 17, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 135: MAINE UNIFORM SECURITIES ACT › Subchapter 8: PROTECTION OF VULNERABLE ADULTS FROM FINANCIAL EXPLOITATION › 32 §16803. Immunity for governmental disclosures

§16803. Immunity for governmental disclosures
A qualified individual who in good faith and exercising reasonable care makes a disclosure of information pursuant to section 16802 is immune from any administrative or civil liability that might otherwise arise from the disclosure or for a failure to notify the eligible adult of the disclosure.   [PL 2019, c. 17, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 17, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 135: MAINE UNIFORM SECURITIES ACT › Subchapter 8: PROTECTION OF VULNERABLE ADULTS FROM FINANCIAL EXPLOITATION › 32 §16804. Third-party disclosures

§16804. Third-party disclosures
If a qualified individual reasonably believes that financial exploitation of an eligible adult may have occurred, may have been attempted or is being attempted, the qualified individual may notify any 3rd party previously designated by the eligible adult. Disclosure may not be made to any designated 3rd party that is suspected of financial exploitation or other abuse of the eligible adult.   [PL 2019, c. 17, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 17, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 135: MAINE UNIFORM SECURITIES ACT › Subchapter 8: PROTECTION OF VULNERABLE ADULTS FROM FINANCIAL EXPLOITATION › 32 §16805. Immunity for 3rd-party disclosures

§16805. Immunity for 3rd-party disclosures
A qualified individual who in good faith and exercising reasonable care complies with section 16804 is immune from any administrative or civil liability that might otherwise arise from a disclosure under section 16804.   [PL 2019, c. 17, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 17, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 135: MAINE UNIFORM SECURITIES ACT › Subchapter 8: PROTECTION OF VULNERABLE ADULTS FROM FINANCIAL EXPLOITATION › 32 §16807. Immunity for delaying disbursements

§16807. Immunity for delaying disbursements
A broker-dealer or investment adviser that in good faith and exercising reasonable care complies with section 16806 is immune from any administrative or civil liability that might otherwise arise from a delay in a disbursement in accordance with section 16806.   [PL 2019, c. 17, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 17, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 135: MAINE UNIFORM SECURITIES ACT › Subchapter 8: PROTECTION OF VULNERABLE ADULTS FROM FINANCIAL EXPLOITATION › 32 §16808. Records

§16808. Records
A broker-dealer or investment adviser shall provide access to or copies of records that are relevant to the suspected or attempted financial exploitation of an eligible adult to the Department of Health and Human Services and to a law enforcement agency as part of a referral to the department or to a law enforcement agency or upon request of the department or a law enforcement agency pursuant to an investigation. The records may include historical records and records relating to recent transactions that may constitute financial exploitation of an eligible adult. All records made available to agencies under this section are not public records for purposes of Title 1, chapter 13, subchapter 1. Nothing in this section limits or otherwise impedes the authority of the administrator to access or examine the books and records of broker-dealers and investment advisers as otherwise provided by law.   [PL 2019, c. 17, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 17, §1 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 137: BOARD OF SPEECH, AUDIOLOGY AND HEARING › Subchapter 1: GENERAL PROVISIONS › 32 §17102. Individual license

§17102. Individual license
Only an individual may be licensed under this chapter and only a licensed individual may provide services for which a license is required under this chapter.   [PL 2007, c. 369, Pt. C, §3 (NEW); PL 2007, c. 369, Pt. C, §5 (AFF).]
SECTION HISTORY
PL 2007, c. 369, Pt. C, §3 (NEW). PL 2007, c. 369, Pt. C, §5 (AFF).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 137: BOARD OF SPEECH, AUDIOLOGY AND HEARING › Subchapter 1: GENERAL PROVISIONS › 32 §17104. Exemptions to audiology and speech-language pathology

§17104. Exemptions to audiology and speech-language pathology
Nothing in this chapter may be construed as preventing or restricting:   [PL 2007, c. 369, Pt. C, §3 (NEW); PL 2007, c. 369, Pt. C, §5 (AFF).]
1.  Hearing aid dealer and fitter.
A hearing aid dealer and fitter licensed under this chapter or the holder of a trainee permit under this chapter from the fitting of hearing aids or the testing of hearing for the purpose of fitting hearing aids;
[PL 2007, c. 369, Pt. C, §3 (NEW); PL 2007, c. 369, Pt. C, §5 (AFF).]
2.  Individual holding valid and current credential.
An individual who holds a valid and current credential as a speech-language or hearing clinician, issued by the Department of Education, from providing services within a local educational agency or an individual employed as a speech-language pathologist or audiologist by the Federal Government, if the individual performs speech-language pathology or audiology services solely within the confines or under the jurisdiction of the organization by which that individual is employed. The individual may, without obtaining a license under this chapter, consult with or disseminate research findings and other scientific information to speech-language pathologists and audiologists outside the jurisdiction of the organization by which that individual is employed. The individual may also offer lectures to the public for a fee, monetary or other, without being licensed under this chapter. The individual may additionally elect to be subject to this chapter; or
[PL 2007, c. 369, Pt. C, §3 (NEW); PL 2007, c. 369, Pt. C, §5 (AFF).]
3.  Physician.
A physician or osteopathic physician licensed by this State from testing, diagnosing and treating medical problems related to disorders of language, speech or hearing, nor permitting a speech-language pathologist or audiologist to practice medicine, surgery or other healing arts.
[PL 2007, c. 369, Pt. C, §3 (NEW); PL 2007, c. 369, Pt. C, §5 (AFF).]
4.  Individual enrolled in course leading to degree.
[PL 2007, c. 695, Pt. A, §40 (RP).]
An individual who is enrolled in a course of study leading to a degree in speech-language pathology or audiology at an accredited college or accredited university is exempt as long as such activities and services constitute a part of the course of study.   [PL 2007, c. 695, Pt. A, §39 (NEW).]
SECTION HISTORY
PL 2007, c. 369, Pt. C, §3 (NEW). PL 2007, c. 369, Pt. C, §5 (AFF). PL 2007, c. 695, Pt. A, §§39, 40 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 137: BOARD OF SPEECH, AUDIOLOGY AND HEARING › Subchapter 1: GENERAL PROVISIONS › 32 §17104-A. Delegation authorized

§17104-A. Delegation authorized
1.  Delegation authorized.
This chapter may not be construed to prohibit an audiologist from delegating to an individual certain activities relating to the practice of audiology, as long as those activities are under the supervision and control of the audiologist. "Supervision and control" may not be construed to require the personal presence of the supervising and controlling audiologist at the place where those activities take place, unless a physical presence is necessary to provide patient care of the same quality as provided by the audiologist. The board may adopt rules identifying delegated activities and appropriate levels of supervision in the practice setting. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A. The activities delegated by an audiologist under this subsection may not include the assessment and treatment of hearing and balance disorders or the dispensing of hearing aids.
[PL 2009, c. 112, Pt. A, §23 (NEW).]
2.  Responsibility.
An audiologist who delegates activities as described in subsection 1 to an individual is legally and ethically responsible for all of the professional activities of that individual, and the individual in this relationship is considered the audiologist's agent. This subsection may not be construed to apply to an individual acting under a separate license accepted by the State to render services independently.
[PL 2009, c. 112, Pt. A, §23 (NEW).]
SECTION HISTORY
PL 2009, c. 112, Pt. A, §23 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 137: BOARD OF SPEECH, AUDIOLOGY AND HEARING › Subchapter 1: GENERAL PROVISIONS › 32 §17105. Exemptions; practice of hearing aid dealing and fitting

§17105. Exemptions; practice of hearing aid dealing and fitting
Nothing in this chapter may be construed as preventing or restricting:   [PL 2007, c. 369, Pt. C, §3 (NEW); PL 2007, c. 369, Pt. C, §5 (AFF).]
1.  Audiologist.
An audiologist who is licensed under this chapter from engaging in the practice of dealing in and fitting of hearing aids;
[PL 2007, c. 369, Pt. C, §3 (NEW); PL 2007, c. 369, Pt. C, §5 (AFF).]
2.  Individual measuring human hearing.
An individual from measuring human hearing, only if the individual does not intend to sell hearing aids and accessories unless under the direct supervision of an audiologist or hearing aid dealer and fitter licensed under this chapter; or
[PL 2007, c. 369, Pt. C, §3 (NEW); PL 2007, c. 369, Pt. C, §5 (AFF).]
3.  Physician.
A physician or osteopathic physician licensed by this State from testing, diagnosing and treating medical problems related to disorders of language, speech or hearing.
[PL 2007, c. 369, Pt. C, §3 (NEW); PL 2007, c. 369, Pt. C, §5 (AFF).]
SECTION HISTORY
PL 2007, c. 369, Pt. C, §3 (NEW). PL 2007, c. 369, Pt. C, §5 (AFF).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 137: BOARD OF SPEECH, AUDIOLOGY AND HEARING › Subchapter 1: GENERAL PROVISIONS › 32 §17106. Unlicensed practice

§17106. Unlicensed practice
An individual who practices or presents that individual as licensed under this chapter, and who does not hold a valid license under this chapter, is subject to the provisions of Title 10, section 8003‑C.   [PL 2007, c. 369, Pt. C, §3 (NEW); PL 2007, c. 369, Pt. C, §5 (AFF).]
SECTION HISTORY
PL 2007, c. 369, Pt. C, §3 (NEW). PL 2007, c. 369, Pt. C, §5 (AFF).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 137: BOARD OF SPEECH, AUDIOLOGY AND HEARING › Subchapter 2: BOARD OF SPEECH, AUDIOLOGY AND HEARING › 32 §17201. Board established; membership; terms

§17201. Board established; membership; terms
The Board of Speech, Audiology and Hearing, as established by Title 5, section 12004‑A, subsection 48, consists of 7 members appointed by the Governor. All members must be residents of this State. Two members must have been engaged full-time in the practice of speech-language pathology for at least one year immediately preceding appointment. Two members must have been engaged full-time in the practice of audiology for at least one year immediately preceding appointment and 2 hearing aid dealers and fitters must have at least 5 years of experience. All professional members at all times must be holders of valid licenses for the practice of speech-language pathology, audiology or the practice of dealing in and fitting of hearing aids, respectively. The additional member is a public member as defined in Title 5, section 12004‑A.   [PL 2011, c. 286, Pt. O, §6 (AMD).]
Appointments are for 3-year terms. Appointments of members must comply with Title 10, section 8009. A board member may be removed by the Governor for cause.   [PL 2015, c. 494, Pt. A, §36 (AMD).]
SECTION HISTORY
PL 2007, c. 369, Pt. C, §3 (NEW). PL 2007, c. 369, Pt. C, §5 (AFF). PL 2011, c. 286, Pt. O, §6 (AMD). PL 2015, c. 494, Pt. A, §36 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 137: BOARD OF SPEECH, AUDIOLOGY AND HEARING › Subchapter 2: BOARD OF SPEECH, AUDIOLOGY AND HEARING › 32 §17202. Meetings; chair

§17202. Meetings; chair
The board shall meet at least once a year to conduct its business and to elect a chair. Additional meetings are held as necessary to conduct the business of the board and may be convened at the call of the chair or a majority of the board members.   [PL 2013, c. 246, Pt. B, §28 (AMD).]
SECTION HISTORY
PL 2007, c. 369, Pt. C, §3 (NEW). PL 2007, c. 369, Pt. C, §5 (AFF). PL 2013, c. 246, Pt. B, §28 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 137: BOARD OF SPEECH, AUDIOLOGY AND HEARING › Subchapter 2: BOARD OF SPEECH, AUDIOLOGY AND HEARING › 32 §17203. Powers and duties

§17203. Powers and duties
The board has the following powers and duties.   [PL 2007, c. 369, Pt. C, §3 (NEW); PL 2007, c. 369, Pt. C, §5 (AFF).]
1.  Board to administer, coordinate and enforce.
The board shall administer, coordinate and enforce this chapter and evaluate the qualifications of and approve the examinations to be taken by applicants for licensure under this chapter.
[PL 2007, c. 369, Pt. C, §3 (NEW); PL 2007, c. 369, Pt. C, §5 (AFF).]
2.  Rules.
The board may, in accordance with the Maine Administrative Procedure Act, adopt rules commensurate with the authority vested in it by this chapter, including, but not limited to, rules relating to professional conduct and establishing ethical standards of practice. The board, by rule, shall set the standard of professional conduct of every individual that holds a license under this chapter.
[PL 2007, c. 369, Pt. C, §3 (NEW); PL 2007, c. 369, Pt. C, §5 (AFF).]
SECTION HISTORY
PL 2007, c. 369, Pt. C, §3 (NEW). PL 2007, c. 369, Pt. C, §5 (AFF).