reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 9: ATTORNEY GENERAL › 5 §198. Additional assistant attorneys general, clerks or attorneys may be paid from moneys collected by department

§198. Additional assistant attorneys general, clerks or attorneys may be paid from moneys collected by department
Whenever the Attorney General shall appoint any additional assistant attorneys general or staff attorneys as authorized under section 196, or shall employ additional clerks as provided by section 197, or shall employ attorneys-at-law to collect claims due the State, the compensation of such assistants, staff attorneys, clerks or attorneys, as approved by the Governor, may be paid, if the Governor so directs, from moneys thus collected by the Department of the Attorney General.   [PL 1975, c. 771, §50 (AMD).]
SECTION HISTORY
PL 1973, c. 711, §5 (AMD). PL 1975, c. 771, §50 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 9: ATTORNEY GENERAL › 5 §199. Consultation with, and advice to, district attorneys

§199. Consultation with, and advice to, district attorneys
The Attorney General shall consult with and advise the district attorneys in matters relating to their duties. If in the Attorney General's judgment the public interest so requires, the Attorney General shall assist them by attending the grand jury in the examination of a case in which the accused is charged with treason or murder, and if in the Attorney General's judgment the public interest so requires, the Attorney General shall appear for the State in the trial of indictments for treason or murder. The Attorney General may institute and conduct prosecutions for all offenses against Title 21‑A, and for that purpose attend and present evidence to grand juries and assist them in the examination of witnesses and drawing indictments. The Attorney General may, in the Attorney General's discretion, act in place of or with the district attorneys, or any of them, in instituting and conducting prosecutions for crime, and is invested, for that purpose, with all the rights, powers and privileges of each and all of them. Any or all of the powers and duties enumerated in this chapter may, at the discretion of the Attorney General, be delegated to and performed by, any deputy attorney general, assistant attorney general or staff attorney. The authority given under this section shall not be construed to deny or limit the duty and authority of the Attorney General as heretofore authorized, either by statute or under the common law.   [PL 1989, c. 502, Pt. A, §11 (AMD).]
SECTION HISTORY
PL 1969, c. 53, §2 (AMD). PL 1973, c. 567, §1 (AMD). PL 1973, c. 711, §6 (AMD). PL 1989, c. 502, §A11 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 9: ATTORNEY GENERAL › 5 §200. Attendance at law court and instruction of county attorneys (REPEALED)

§200. Attendance at law court and instruction of county attorneys
(REPEALED)
SECTION HISTORY
PL 1977, c. 240, §1 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 9: ATTORNEY GENERAL › 5 §200-A. Criminal division

§200-A. Criminal division
The Attorney General is authorized to create a Criminal Division within the Department of the Attorney General in order to coordinate all criminal investigation and prosecution for the purpose of improving law enforcement within the State of Maine.   [PL 1967, c. 58, §1 (NEW).]
The Attorney General shall have full responsibility for the direction and control of all investigation and prosecution of homicides and such other major crimes as the Attorney General may deem necessary for the peace and good order of the State of Maine.   [PL 1967, c. 58, §1 (NEW).]
The Attorney General shall conduct and control all drug-related investigations of public officials or members of the law enforcement community.   [PL 1991, c. 837, Pt. B, §3 (NEW).]
The Attorney General has exclusive responsibility for the direction of any criminal investigation of an official holding a partisan public office when the alleged crime is a violation of Title 17‑A, chapter 25 or when, in the Attorney General's opinion, the alleged crime may affect the official's performance in office. As used in this section, the term "partisan public office" means an office in which, prior to an election to fill the office, the candidate must declare membership in a political party, or an office filled by the appointment of the Governor, the President of the Senate or the Speaker of the House of Representatives. Any law enforcement agency investigating an alleged crime that may result in formal charges against an official holding partisan public office shall, as soon as practicable, notify the Attorney General of the investigation. The Attorney General may, after review, designate any law enforcement agency to complete the investigation and direct its completion.   [PL 1991, c. 841, §3 (NEW).]
The Attorney General has exclusive responsibility for the direction and control of any criminal investigation of a law enforcement officer who, while acting in the performance of that law enforcement officer's duties, uses deadly force, as defined in Title 17‑A, section 2, subsection 8. Any law enforcement agency whose officer uses deadly force shall notify, as soon as practicable, the Attorney General of the event.   [PL 1995, c. 200, §1 (NEW).]
SECTION HISTORY
PL 1967, c. 58, §1 (NEW). PL 1991, c. 837, §B3 (AMD). PL 1991, c. 841, §3 (AMD). PL 1995, c. 200, §1 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 9: ATTORNEY GENERAL › 5 §200-C. State Fraud Division

§200-C. State Fraud Division
1.  Establishment.
The Attorney General is authorized to create a State Fraud Division, hereinafter referred to in this section as the "division," within the Department of the Attorney General.
[PL 1975, c. 715, §1 (NEW).]
2.  Purpose.
The purpose of the division shall be to investigate and prosecute, including actions for civil recovery, any act of fraud or attempted fraud perpetrated against the State or any department, agency or commission thereof. The division shall not have primary responsibility for the investigation of any act of fraud or attempted fraud or incident of commingling or misapplication of funds pursuant to Title 22, section 13, subsection 2.
[PL 1975, c. 715, §1 (NEW).]
3.  Cooperation, information.
All agencies of the State and municipal governments shall cooperate fully with the division, rendering any assistance requested by the division. Every head of a department, bureau, division, commission or any other unit of State Government shall report in writing to the division any suspected act of fraud or attempted fraud or violation of any law in connection with funds of the State. Any such act or violation involving funds administered by the Department of Health and Human Services shall be reported pursuant to Title 22, section 13, subsection 3.
[PL 1975, c. 715, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
All information in the files of any department, commission or agency of State Government, regardless of any statute relating to confidentiality, shall be available to the division for use in connection with its official purpose.   [PL 1975, c. 715, §1 (NEW).]
SECTION HISTORY
PL 1975, c. 715, §1 (NEW). PL 2003, c. 689, §B6 (REV).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 9: ATTORNEY GENERAL › 5 §200-D. Complaints and investigative records confidential (REPEALED)

§200-D. Complaints and investigative records confidential
(REPEALED)
SECTION HISTORY
PL 1975, c. 715, §1 (NEW). PL 1993, c. 719, §1 (RP). PL 1993, c. 719, §12 (AFF).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 9: ATTORNEY GENERAL › 5 §200-F. Telephone communication by kidnappers

§200-F. Telephone communication by kidnappers
Whenever the Attorney General has reason to believe that one or more persons have been kidnapped, as defined by Title 17‑A, section 301, he shall have the authority to order a public utility company employee to cut, reroute or divert telephone lines for the purpose of preventing telephone communication by the kidnapper with any person other than a law enforcement officer or a person authorized by a law enforcement officer to receive or transmit those communications.   [PL 1981, c. 242, §1 (NEW).]
SECTION HISTORY
PL 1981, c. 242, §1 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 9: ATTORNEY GENERAL › 5 §200-G. Strip searches and body cavity searches

§200-G. Strip searches and body cavity searches
1.  Rules promulgated.
The Attorney General shall promulgate rules in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II, relating to strip searches and body cavity searches of arrestees. These rules shall be a guide for the conduct of law enforcement officers in enforcing the law and shall establish acceptable procedures for conducting a strip search or a body cavity search of an arrestee when the arrestee is concealing a weapon or where an officer has a reasonable belief that the arrestee may be concealing contraband or evidence of a crime.
A copy of these rules shall be furnished to each officer within the Department of Public Safety and to each sheriff's department and police department statewide and shall be filed and be available for public inspection at the headquarters of each department.
[PL 1983, c. 789, §1 (NEW).]
2.  Conditions.
The rules promulgated by this subsection shall be subject to the following conditions:
A.   [PL 2003, c. 196, §1 (RP).]
B. Strip searches or body cavity searches of the mouth shall be conducted by an officer or officers or by authorized medical personnel of the same sex as the arrestee under conditions so that the search cannot be observed by persons other than the officer or officers or authorized medical personnel conducting the search.   [PL 1983, c. 789, §1 (NEW).]
C. Body cavity searches other than of the mouth shall be conducted by medically trained personnel of the same sex as the arrestee under conditions so that the search cannot be observed by persons other than those conducting the search.   [PL 1983, c. 789, §1 (NEW).]
D. Each strip search or body cavity search shall be recorded in a log kept by the Department of Public Safety, sheriff's department or police department indicating the person who ordered the search, the name of the arrestee and the parts of the body searched.   [PL 1983, c. 789, §1 (NEW).]
[PL 2003, c. 196, §1 (AMD).]
3.  Immunity.
A person is immune from criminal or civil liability for an act or omission in conducting a body cavity search if:
A. The body cavity search is pursuant to a search warrant directing the body cavity search;   [PL 1999, c. 290, §1 (NEW).]
B. The person is authorized to conduct a body cavity search under the rules adopted pursuant to subsection 1; and   [PL 1999, c. 290, §1 (NEW).]
C. The person uses due care in conducting the body cavity search.   [PL 1999, c. 290, §1 (NEW).]
Nothing in this subsection requires a person authorized to conduct body cavity searches to conduct a body cavity search pursuant to a search warrant.
[PL 1999, c. 290, §1 (NEW).]
SECTION HISTORY
PL 1983, c. 789, §1 (NEW). PL 1999, c. 290, §1 (AMD). PL 2003, c. 196, §1 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 9: ATTORNEY GENERAL › 5 §200-J. Cold case homicide unit

§200-J. Cold case homicide unit
The Attorney General in collaboration with the Commissioner of Public Safety shall establish a cold case homicide unit within the Department of the Attorney General to work exclusively on unsolved murders in the State. The unit must consist of personnel from the Department of the Attorney General and the Department of Public Safety, Bureau of State Police and must include at a minimum one attorney from the Department of the Attorney General, 2 detectives from the Bureau of State Police and one employee of the bureau's crime laboratory. The Attorney General shall adopt rules for the operation of the unit. Rules adopted pursuant to this section are routine technical rules as defined in chapter 375, subchapter 2‑A.   [PL 2013, c. 585, §1 (NEW); PL 2013, c. 585, §4 (AFF); PL 2015, c. 267, Pt. D, §1 (AFF).]
SECTION HISTORY
PL 2013, c. 585, §1 (NEW). PL 2013, c. 585, §4 (AFF). PL 2015, c. 267, Pt. D, §1 (AFF).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 9: ATTORNEY GENERAL › 5 §200-L. Attorney General procedures and programs to eliminate profiling (REALLOCATED FROM TITLE 5, SECTION 200-K)

§200-L. Attorney General procedures and programs to eliminate profiling
(REALLOCATED FROM TITLE 5, SECTION 200-K)
1.  Complaints.
The Attorney General shall implement procedures for receiving, investigating and responding to complaints alleging profiling by law enforcement officers or law enforcement agencies.
[PL 2019, c. 410, §1 (NEW); RR 2019, c. 1, Pt. A, §4 (RAL).]
2.  Rules.
In consultation with interested parties, including law enforcement agencies and community, professional, research, civil liberties and civil rights organizations, the Attorney General may adopt rules for the operation of administrative complaint procedures and independent audit programs to ensure that programs and procedures provide an appropriate response to allegations of profiling by law enforcement officers or law enforcement agencies. Rules may contain guidelines and ensure the fairness, effectiveness and independence of the administrative complaint procedures and independent auditor programs. Rules adopted pursuant to this subsection are routine technical rules as defined in chapter 375, subchapter 2‑A.
[PL 2019, c. 410, §1 (NEW); RR 2019, c. 1, Pt. A, §4 (RAL).]
SECTION HISTORY
PL 2019, c. 410, §1 (NEW). RR 2019, c. 1, Pt. A, §4 (RAL).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 9: ATTORNEY GENERAL › 5 §200-N. Confidential attorney-client communications

§200-N. Confidential attorney-client communications
1.  Policies.
By January 1, 2024, the Attorney General shall adopt a written policy for the protection of confidential attorney-client communications by employees and agents of the Attorney General, which must include, at a minimum, processes to protect and ensure confidentiality of attorney‑client communications and processes to be followed in the event that there is a breach of attorney-client confidentiality.
[PL 2023, c. 394, Pt. A, §4 (NEW).]
2.  Training.
By January 1, 2024, the Attorney General shall develop a training program for all state, county and municipal law enforcement officers and investigators who, as part of a criminal investigation, may inadvertently hear confidential attorney-client communications, which must include, at a minimum, practices and procedures for protecting and ensuring confidential attorney-client communications and practices and procedures to be followed in the event that there is a breach of attorney-client confidentiality.
[PL 2023, c. 394, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 2023, c. 394, Pt. A, §4 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 9: ATTORNEY GENERAL › 5 §201. Attendance of witnesses; recognizances

§201. Attendance of witnesses; recognizances
When a criminal prosecution in which he appears is continued, the Attorney General shall cause the witnesses in behalf of the State to recognize to appear at the next term, unless otherwise directed by the court, and may procure the attendance of a witness living out of the State deemed by him material in procuring an indictment or conviction. The court shall allow such witness a reasonable compensation beyond his legal fees.
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 9: ATTORNEY GENERAL › 5 §202. Employment of detectives

§202. Employment of detectives
The Attorney General may, for the Department of the Attorney General or through the several district attorneys or other officers of the State, employ such detectives or other persons, offer rewards or use other means that the Attorney General considers advisable for the detection, arrest and apprehension of persons who commit crime in this State. Detectives with the department may exercise all the powers necessary to levy and enforce writs of execution on judgments owed to the State. Any property seized as payment towards a judgment owed to the State may be sold by the State at a surplus auction or in any other commercially reasonable manner.   [PL 2007, c. 248, §2 (AMD).]
SECTION HISTORY
PL 1973, c. 567, §2 (AMD). PL 2007, c. 248, §2 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 9: ATTORNEY GENERAL › 5 §203. Appropriations

§203. Appropriations
1.  Expenses charged to appropriation.
Such sum as may be appropriated for the purposes of this chapter may be expended under the direction of the Attorney General. The Attorney General shall, at the request of any state department, make or cause to be made investigations in behalf of the department and the Attorney General shall prosecute any case to such extent as may seem advisable with all the rights, powers and privileges of district attorneys. The expense of any such investigation and of any prosecution that results from the investigation is charged to this appropriation.
[PL 1991, c. 9, Pt. G, §1 (NEW).]
2.  Legal services to agency with dedicated revenue.
Notwithstanding any other provision of law, when the Attorney General provides legal services to any board or state agency that is financed in whole or in part by dedicated or federal revenues, the Attorney General may bill the board or agency at a reasonable rate determined by the Attorney General. An account may be established by the Attorney General for receipt of these revenues. Attorneys in the Office of the Attorney General may be paid in whole or in part from these accounts or in part from a General Fund account. After reimbursement to an account in the Office of the Attorney General is made, the remaining balance must be deposited in the General Fund.
[PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 528, Pt. X, §1 (AMD); PL 1991, c. 591, Pt. X, §1 (AMD).]
3.  Allocation of work.
Notwithstanding any other provision of law, the Attorney General has discretion to allocate legal work among the attorneys in the Department of the Attorney General without reference to position counts contained in any appropriation. If the provisions of this section are used to seek reimbursement for legal services for which there is specific appropriation, the Attorney General shall keep time records demonstrating the amount of legal services performed for which reimbursement is sought. The Attorney General shall submit a quarterly report detailing the manner in which legal work has been allocated among attorneys in that office pursuant to this subsection to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over audit and program review.
[PL 1991, c. 9, Pt. G, §1 (NEW).]
SECTION HISTORY
PL 1973, c. 567, §20 (AMD). PL 1991, c. 9, §G1 (RPR). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 528, §X1 (AMD). PL 1991, c. 591, §X1 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 9: ATTORNEY GENERAL › 5 §203-A. Accounts established due to court orders or other settlements

§203-A. Accounts established due to court orders or other settlements
Unless specifically ordered by the court to do otherwise or for revenue or money received under section 203‑B, the Attorney General shall work with the Treasurer of State to deposit any revenue or money received as a result of any court order, court settlement or other agreement into an other special revenue account of the State and all interest must be credited to the General Fund. When, pursuant to a court order or settlement, the Attorney General receives money that is specifically designated for antitrust enforcement or for enforcement of the Maine Unfair Trade Practices Act, the Attorney General is authorized to expend such funds for expert witness fees, copying of documents, transcripts and any other purpose in accordance with the court order. Any interest on such funds, unless otherwise ordered by the court, must be credited to the General Fund. The Attorney General shall provide an accounting of such funds to the Legislature in a form and as determined by the Office of Fiscal and Program Review.   [PL 2021, c. 661, §1 (AMD).]
SECTION HISTORY
PL 1991, c. 532, §1 (NEW). PL 1991, c. 532, §2 (AFF). PL 2021, c. 661, §1 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 9: ATTORNEY GENERAL › 5 §203-B. Funds received pursuant to court orders or other settlements of opioid crisis litigation

§203-B. Funds received pursuant to court orders or other settlements of opioid crisis litigation
Notwithstanding section 203‑A and unless specifically ordered by the court to do otherwise, the Attorney General may work with the Treasurer of State to deposit identified revenue or money received as a result of any court order or other agreement resulting from litigation against, or any court settlement with, an opioid manufacturer, an opioid research association or any other person in the opioid industry relating to claims made by or prosecuted by the State into the Maine Recovery Fund for spending on approved uses as directed by the Maine Recovery Council as established in section 12004‑I, subsection 94. As used in this section, "approved uses" and "Maine Recovery Fund" have the same meanings as in section 203‑C, subsection 1.   [PL 2023, c. 412, Pt. HHHH, §1 (AMD).]
SECTION HISTORY
PL 2021, c. 661, §2 (NEW). RR 2021, c. 2, Pt. A, §5 (COR). PL 2023, c. 412, Pt. HHHH, §1 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 9: ATTORNEY GENERAL › 5 §204. Biennial reports (REPEALED)

§204. Biennial reports
(REPEALED)
SECTION HISTORY
PL 1973, c. 567, §20 (AMD). PL 1977, c. 78, §9 (AMD). PL 1977, c. 240, §2 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 9: ATTORNEY GENERAL › 5 §204-A. Annual report

§204-A. Annual report
The Attorney General, working with the district attorneys of the State, shall submit a report that compiles data from domestic violence prosecutors statewide to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs, the joint standing committee of the Legislature having jurisdiction over criminal justice matters and the joint standing committee of the Legislature having jurisdiction over judiciary matters on an annual basis. The first report must be submitted no later than October 1, 2001.   [PL 1999, c. 746, §1 (NEW).]
SECTION HISTORY
PL 1999, c. 746, §1 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 9: ATTORNEY GENERAL › 5 §205. Fees from prosecutors forbidden

§205. Fees from prosecutors forbidden
The Attorney General shall not receive any fee or reward from or in behalf of any prosecutor for official services or, during the pendency of a prosecution, be engaged as counsel or attorney for either party in a civil action depending essentially on the same facts.
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 10: UNFAIR TRADE PRACTICES › 5 §205-A. Short title

§205-A. Short title
This chapter will be known as and may be cited as the Maine Unfair Trade Practices Act.   [PL 1987, c. 307, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 307, §1 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 10: UNFAIR TRADE PRACTICES › 5 §206. Definitions

§206. Definitions
The following words, as used in this chapter, unless the context otherwise requires or a different meaning is specifically required, shall mean:   [PL 1969, c. 577, §1 (NEW).]
1.  Documentary material.
"Documentary material" shall include the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription or other tangible document or recording wherever situate.
[PL 1969, c. 577, §1 (NEW).]
2.  Person.
"Person" shall include, where applicable, natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations and any other legal entity.
[PL 1969, c. 577, §1 (NEW).]
3.  Trade and commerce.
"Trade" and "commerce" shall include the advertising, offering for sale, sale or distribution of any services and any property, tangible or intangible, real, personal or mixed, and any other article, commodity or thing of value wherever situate, and shall include any trade or commerce directly or indirectly affecting the people of this State.
[PL 1969, c. 577, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 577, §1 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 10: UNFAIR TRADE PRACTICES › 5 §207. Unlawful acts and conduct

§207. Unlawful acts and conduct
Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are declared unlawful.   [PL 1969, c. 577, §1 (NEW).]
1.  Intent.
It is the intent of the Legislature that in construing this section the courts will be guided by the interpretations given by the Federal Trade Commission and the Federal Courts to Section 45(a)(1) of the Federal Trade Commission Act (15 United States Code 45(a)(1)), as from time to time amended.
[PL 2007, c. 466, Pt. A, §4 (AMD).]
2.  Rules and regulations.
The Attorney General may make rules and regulations interpreting this section. Such rules and regulations shall not be inconsistent with the rules, regulations and decisions of the Federal Trade Commission and the Federal Courts interpreting the provisions of 15 U.S.C. 45(a)(1) (The Federal Trade Commission Act) as from time to time amended. Evidence of a violation of a rule or regulation made by the Attorney General shall constitute prima facie evidence of an act or practice declared to be unlawful by this chapter in any action thereafter brought under this chapter.
[PL 1973, c. 322 (AMD).]
SECTION HISTORY
PL 1969, c. 577, §1 (NEW). PL 1973, c. 322 (AMD). PL 2007, c. 466, Pt. A, §4 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 10: UNFAIR TRADE PRACTICES › 5 §208. Exceptions

§208. Exceptions
Nothing in this chapter shall apply to:   [PL 1969, c. 577, §1 (NEW).]
1.  Regulatory boards.
Transactions or actions otherwise permitted under laws as administered by any regulatory board or officer acting under statutory authority of the State or of the United States. This exception applies only if the defendant shows that:
A. Its business activities are subject to regulation by a state or federal agency; and   [PL 2007, c. 222, §1 (NEW).]
B. The specific activity that would otherwise constitute a violation of this chapter is authorized, permitted or required by a state or federal agency or by applicable law, rule or regulation or other regulatory approval.   [PL 2007, c. 222, §1 (NEW).]
[PL 2007, c. 222, §1 (AMD).]
2.  Interstate commerce.
[PL 1981, c. 569 (RP).]
3.  Complaints.
[PL 1973, c. 323, §2 (RP).]
SECTION HISTORY
PL 1969, c. 577, §1 (NEW). PL 1973, c. 323, §§1,2 (AMD). PL 1981, c. 569 (AMD). PL 2007, c. 222, §1 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 10: UNFAIR TRADE PRACTICES › 5 §210. Discontinuance; costs

§210. Discontinuance; costs
In any case where the Attorney General has authority to institute an action or proceeding under section 209, in lieu thereof he may accept an assurance of discontinuance of any method, act or practice in violation of this chapter from any person alleged to be engaged or to have been engaged in such method, act or practice. Such assurance may include a stipulation for the voluntary payment by such person of the costs of investigation, or of an amount to be held in escrow pending the outcome of an action or as restitution to aggrieved buyers, or both. Any such assurance of discontinuance shall be in writing and be filed with the Superior Court of Kennebec County. Matters thus closed may at any time be reopened by the Attorney General for further proceedings in the public interest. Evidence of a violation of such assurance shall constitute prima facie evidence of an act or practice declared to be unlawful by this chapter in any action thereafter brought under this chapter.   [PL 1973, c. 320 (AMD).]
SECTION HISTORY
PL 1969, c. 577, §1 (NEW). PL 1973, c. 320 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 10: UNFAIR TRADE PRACTICES › 5 §212. Penalties

§212. Penalties
A person upon whom a notice is served pursuant to section 211 shall comply with the terms thereof unless otherwise provided by the order of a court of this State. Any person who fails to appear, or with intent to avoid, evade or prevent compliance, in whole or in part, with any civil investigation under this section, removes from any place, conceals, withholds or destroys, mutilates, alters or by any other means falsifies any documentary material in the possession, custody or control of any person subject of any such notice, or knowingly conceals any relevant information, shall be subject to a civil penalty of not more than $5,000 payable to the State to be recovered in a civil action.   [PL 1977, c. 696, §35 (AMD).]
Whenever any person fails to comply with any notice served upon him under section 211, or whenever satisfactory copying or reproduction of any such material cannot be done and such person refuses to surrender such material, the Attorney General may file, in the Superior Court of the county in which such person resides or has his principal place of business or of Kennebec County, if such person is a nonresident or has no principal place of business in this State, and serve upon such person or in the same manner as provided in section 211 a petition for an order of such court for the enforcement of this section. Any disobedience of any final order entered under this section by any court shall be punished as a contempt thereof.   [PL 1969, c. 577, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 577, §1 (NEW). PL 1977, c. 696, §35 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 10: UNFAIR TRADE PRACTICES › 5 §213. Private remedies

§213. Private remedies
1.  Court action.
Any person who purchases or leases goods, services or property, real or personal, primarily for personal, family or household purposes and thereby suffers any loss of money or property, real or personal, as a result of the use or employment by another person of a method, act or practice declared unlawful by section 207 or by any rule or regulation issued under section 207, subsection 2 may bring an action either in the Superior Court or District Court for actual damages, restitution and for such other equitable relief, including an injunction, as the court determines to be necessary and proper. There is a right to trial by jury in any action brought in Superior Court under this section.
[PL 1991, c. 536, §1 (AMD).]
1-A.  Settlement offer.
At least 30 days prior to the filing of an action for damages, a written demand for relief, identifying the claimant and reasonably describing the unfair and deceptive act or practice relied upon and the injuries suffered, must be mailed or delivered to any prospective respondent at the respondent's last known address. A person receiving a demand for relief, or otherwise a party to any litigation arising from the claim that is the subject of the court action, may make a written tender of settlement or, if a court action has been filed, an offer of judgment. If the judgment obtained in court by a claimant is not more favorable than any rejected tender of settlement or offer of judgment, the claimant may not recover attorney's fees or costs incurred after the more favorable tender of settlement or offer of judgment.
The demand requirement of this subsection does not apply if the claim is asserted by way of counterclaim or cross claim.
[PL 1991, c. 536, §2 (NEW); PL 1991, c. 536, §3 (AFF).]
2.  Fees and costs.
If the court finds, in any action commenced under this section that there has been a violation of section 207, the petitioner shall, in addition to other relief provided for by this section and irrespective of the amount in controversy, be awarded reasonable attorney's fees and costs incurred in connection with said action.
[PL 1973, c. 251 (NEW).]
3.  Notices to Attorney General.
Upon commencement of any action brought under subsection 1, the clerk of courts shall mail a copy of the complaint or other initial pleading to the Attorney General and upon entry of any judgment or decree in the action, shall mail a copy of such judgment or decree to the Attorney General.
[PL 1973, c. 251 (NEW).]
4.  Injunction as evidence.
Any permanent injunction or order of the court issued under section 209 shall be prima facie evidence in an action brought under subsection 1 that the respondent used or employed an unfair or deceptive method, act or practice declared unlawful under section 207.
[PL 1973, c. 251 (NEW).]
SECTION HISTORY
PL 1973, c. 251 (NEW). PL 1973, c. 788, §13 (AMD). PL 1979, c. 451 (AMD). PL 1983, c. 29, §2 (AMD). PL 1991, c. 536, §§1,2 (AMD). PL 1991, c. 536, §3 (AFF).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 10: UNFAIR TRADE PRACTICES › 5 §214. Waiver; public policy

§214. Waiver; public policy
Any waiver by a consumer of the provisions of this chapter is contrary to public policy and shall be unenforceable and void.   [PL 1973, c. 321 (NEW).]
SECTION HISTORY
PL 1973, c. 321 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 11: OFFICE OF THE STATE AUDITOR › 5 §241. State Auditor; salary

§241. State Auditor; salary
The State Auditor is the head of the Office of the State Auditor. The State Auditor must be a certified public accountant or a college graduate with not less than 6 years of experience as a professional accountant or auditor, including not less than 5 years of auditing experience, of which not less than 4 years must have been in a supervisory capacity. The State Auditor must be elected by the Legislature by a joint ballot of the Senators and Representatives in convention and holds office for a term of 4 years or until a successor is elected and qualified. The State Auditor shall exercise such powers and perform such duties as are set forth in this chapter. In case the office of State Auditor becomes vacant during a period when the Legislature is not in session, the appointment of a person to fill such vacancy must be made immediately by the President of the Senate or if that office is vacant, by the Speaker of the House, and the person appointed holds that office until such time as the Legislature meets in regular or special session, and either confirm the appointment of the person or chooses another person to fill the office during the unexpired term.   [PL 2013, c. 16, §1 (AMD).]
If a person elected to the office of State Auditor is not qualified as, or has not successfully completed or passed the examination for, a certified public accountant, certified information systems auditor or certified internal auditor at the time of election and fails to become so qualified within 9 months of being sworn into office, as required by section 242, that person may no longer serve as State Auditor and is ineligible for reelection by the same Legislature and the office of State Auditor is deemed vacant.   [PL 2015, c. 44, §3 (AMD).]
SECTION HISTORY
PL 1965, c. 510, §2 (AMD). PL 1967, c. 476, §10 (AMD). PL 1969, c. 504, §7 (AMD). PL 1973, c. 792, §1 (AMD). PL 1997, c. 516, §1 (AMD). PL 2013, c. 16, §1 (AMD). PL 2015, c. 44, §3 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 11: OFFICE OF THE STATE AUDITOR › 5 §241-A. Transition period

§241-A. Transition period
In order to provide for an orderly transition following the quadrennial election of the State Auditor, the State Auditor-elect may not take the oath of office or otherwise qualify for the office for a period of no less than 30 days following that election.   [PL 1989, c. 857, §15 (AMD).]
SECTION HISTORY
PL 1983, c. 65, §3 (NEW). PL 1989, c. 857, §15 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 11: OFFICE OF THE STATE AUDITOR › 5 §242. Organization; deputy

§242. Organization; deputy
The Office of the State Auditor must be organized in the manner the State Auditor considers best suited to the accomplishment of its functions. The office may have those auditors, assistants and employees as the State Auditor may require, but they are subject to the Civil Service Law.   [PL 2013, c. 16, §2 (AMD).]
Any person elected to the position of State Auditor or any person permanently employed by the Office of the State Auditor as deputy auditor, director of audits or assistant director of audits must be currently qualified as or have successfully completed or passed the examination for a certified public accountant, certified information systems auditor or certified internal auditor. Persons not so qualified may be employed in these audit supervisory positions on a temporary basis not to exceed 9 months.   [PL 2015, c. 44, §4 (AMD).]
In the event of a vacancy in the office of State Auditor because of death, resignation, removal or other cause, the deputy auditor shall perform the duties of the office until a State Auditor has been appointed in conformity with section 241 and has been duly qualified. In the event of absence or disability of the State Auditor, the deputy auditor shall likewise perform the duties of the office during the State Auditor's absence.   [PL 2013, c. 16, §2 (AMD).]
SECTION HISTORY
PL 1985, c. 785, §B12 (AMD). PL 1987, c. 802, §§1,2 (AMD). PL 2013, c. 16, §2 (AMD). PL 2015, c. 44, §4 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 11: OFFICE OF THE STATE AUDITOR › 5 §242-A. Fraud Investigation Division (REPEALED)

§242-A. Fraud Investigation Division
(REPEALED)
SECTION HISTORY
P&SL 1971, c. 179, §J1 (NEW). PL 1973, c. 788, §14 (AMD). PL 1975, c. 715, §2 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 11: OFFICE OF THE STATE AUDITOR › 5 §242-B. Program Review and Evaluation Division (REPEALED)

§242-B. Program Review and Evaluation Division
(REPEALED)
SECTION HISTORY
PL 1973, c. 792, §3 (NEW). PL 1975, c. 591 (AMD). PL 1977, c. 579, §B1 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 11: OFFICE OF THE STATE AUDITOR › 5 §243-A. Random audits and reviews (REPEALED)

§243-A. Random audits and reviews
(REPEALED)
SECTION HISTORY
PL 2001, c. 104, §1 (NEW). PL 2003, c. 450, §2 (AMD). MRSA T. 5 §243-A (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 11: OFFICE OF THE STATE AUDITOR › 5 §243-B. Report regarding discrepancies

§243-B. Report regarding discrepancies
If in the course of any audit of a state department or agency the Office of the State Auditor finds significant discrepancies in the financial records of that state department or agency, the State Auditor shall report, in person, to the joint standing committee of the Legislature that has jurisdiction over that state department or agency within 60 days of the audit findings and the joint standing committees of the Legislature having jurisdiction over appropriations and financial affairs and state and local government matters. If the Legislature is not in session during that 60 days, the State Auditor may report in writing to those committees.   [PL 2013, c. 16, §5 (AMD).]
SECTION HISTORY
PL 2003, c. 450, §3 (NEW). RR 2011, c. 1, §3 (COR). PL 2013, c. 16, §5 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 11: OFFICE OF THE STATE AUDITOR › 5 §244. Records and reports; findings of improper practices

§244. Records and reports; findings of improper practices
The State Auditor may not perform the accounting functions for the State, but shall audit the accounts, books, records and other evidences of financial transactions kept in the Department of Financial and Administrative Services or in the other departments and agencies of State Government. The State Auditor shall prepare and publish a report for each fiscal year, setting forth the essential facts of such audits in summary form, within the following fiscal year after the books of the State Controller have been officially closed. If the State Auditor finds in the course of an audit evidences of improper transactions, or of unacceptable practices in keeping accounts or handling funds or of any other improper practice of financial administration, the State Auditor shall report the same to the Governor and the Legislature immediately. After reporting evidence of material weaknesses or reportable conditions, the State Auditor shall provide for subsequent review to ensure that those conditions are addressed in a timely manner and report to the Governor and the Legislature to confirm the status of the correction of those conditions. If the State Auditor finds evidences of illegal transactions, the State Auditor shall immediately report those transactions both to the Governor and to the Attorney General. All such evidences must be included in the annual reports of the State Auditor and the State Auditor may, at the State Auditor's discretion, make them public at any time during the fiscal year.   [PL 2003, c. 450, §4 (AMD).]
By September 15th of each year, the State Auditor shall schedule a meeting with each joint standing committee of the Legislature having jurisdiction over those departments or agencies in the audit of which the State Auditor has identified findings and the joint standing committees of the Legislature having jurisdiction over appropriations and financial affairs and state and local government matters. The State Auditor shall present an assessment of findings and recommendations of the most recently completed audit performed pursuant to this section, including, but not restricted to, questioned costs and material weaknesses of state programs. The State Auditor shall notify affected state agencies and applicable state central service agency officials, such as, without limitation, the State Controller, State Budget Officer, State Purchasing Agent and Chief Information Officer, of the meeting time and place.   [PL 2003, c. 450, §4 (NEW).]
SECTION HISTORY
PL 1971, c. 145, §3 (AMD). PL 1979, c. 541, §A22 (AMD). PL 1985, c. 785, §A20 (AMD). PL 1995, c. 651, §1 (AMD). PL 1995, c. 651, §5 (AFF). PL 1999, c. 208, §2 (AMD). PL 2003, c. 450, §4 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 11: OFFICE OF THE STATE AUDITOR › 5 §244-A. Reports to the State Auditor

§244-A. Reports to the State Auditor
The head of any department, agency, bureau or division of the State or of any board, commission, agency or authority of any county, municipality, school district or other political or administrative subdivision who has any evidence of any improper or illegal transactions within that department, agency, bureau or division shall immediately report the transactions to the State Auditor.   [PL 2003, c. 82, §1 (AMD).]
SECTION HISTORY
PL 1979, c. 46 (NEW). PL 2003, c. 82, §1 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 11: OFFICE OF THE STATE AUDITOR › 5 §244-B. Committee to direct undertaking of audits

§244-B. Committee to direct undertaking of audits
Pursuant to section 243, subsection 6, the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs may direct the State Auditor to undertake management audits, systems reviews or audits of any department or agency of the State.   [PL 1995, c. 651, §2 (NEW); PL 1995, c. 651, §5 (AFF).]
SECTION HISTORY
PL 1995, c. 651, §2 (NEW). PL 1995, c. 651, §5 (AFF).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 11: OFFICE OF THE STATE AUDITOR › 5 §244-D. Referral service; confidentiality; public records (REPEALED)

§244-D. Referral service; confidentiality; public records
(REPEALED)
SECTION HISTORY
PL 2005, c. 682, §2 (NEW). MRSA T. 5 §244-D, sub-§5 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 11: OFFICE OF THE STATE AUDITOR › 5 §245. No ex officio duties

§245. No ex officio duties
The State Auditor shall not serve in an ex officio capacity on any administrative board or commission or have any financial interest in the transactions of any department, institution or agency of the State Government. He shall not be responsible for the collection of any money belonging to the State or for the handling or custody of any state funds.
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 12: MAINE-NEW HAMPSHIRE BOUNDARY COMMISSION (REPEALED) › 5 §251. Commission established (REPEALED)

§251. Commission established
(REPEALED)
SECTION HISTORY
PL 1985, c. 555, §1 (NEW). PL 1989, c. 503, §B10 (AMD). PL 1993, c. 361, §D1 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 12: MAINE-NEW HAMPSHIRE BOUNDARY COMMISSION (REPEALED) › 5 §252. Tenure of office (REPEALED)

§252. Tenure of office
(REPEALED)
SECTION HISTORY
PL 1985, c. 555, §1 (NEW). PL 1995, c. 462, §A5 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 12: MAINE-NEW HAMPSHIRE BOUNDARY COMMISSION (REPEALED) › 5 §253. Organization and procedure (REPEALED)

§253. Organization and procedure
(REPEALED)
SECTION HISTORY
PL 1985, c. 555, §1 (NEW). PL 1995, c. 462, §A5 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 12: MAINE-NEW HAMPSHIRE BOUNDARY COMMISSION (REPEALED) › 5 §254. Powers (REPEALED)

§254. Powers
(REPEALED)
SECTION HISTORY
PL 1985, c. 555, §1 (NEW). PL 1995, c. 462, §A5 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 12: MAINE-NEW HAMPSHIRE BOUNDARY COMMISSION (REPEALED) › 5 §255. Agreement (REPEALED)

§255. Agreement
(REPEALED)
SECTION HISTORY
PL 1985, c. 555, §1 (NEW). PL 1995, c. 462, §A5 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 12: MAINE-NEW HAMPSHIRE BOUNDARY COMMISSION (REPEALED) › 5 §256. Approval of compact (REPEALED)

§256. Approval of compact
(REPEALED)
SECTION HISTORY
PL 1985, c. 555, §1 (NEW). PL 1995, c. 462, §A5 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 12: MAINE-NEW HAMPSHIRE BOUNDARY COMMISSION (REPEALED) › 5 §257. Vacancy (REPEALED)

§257. Vacancy
(REPEALED)
SECTION HISTORY
PL 1985, c. 555, §1 (NEW). PL 1995, c. 462, §A5 (RP).