| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 22 MRSA §7702-A, as enacted by PL 1999, c. 363, §3, is | amended to read: |
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| §7702-A. Violations; penalties |
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| | 1. Criminal penalties. Except as otherwise provided by law, | in addition to the civil penalties imposed pursuant to subsection | 2, a person who violates any provision of this subtitle commits a | Class E crime. |
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| | 2. Civil penalties. A In addition to any criminal penalties | imposed pursuant to subsection 1, a person who violates section | 7703 or 8603 or rules adopted pursuant to those sections 7801, | subsection 1, paragraph E or F commits a civil violation for | which a forfeiture not to exceed $500 per incident or $500 per | number of children above the limitation set by law, or both, may | be adjudged. A person who violates rules governing child-to- | staff ratios adopted under section 8302-A, subsection 1, | paragraph A or subsection 2, paragraph G commits a civil | violation for which a forfeiture not to exceed $500 per incident | or $500 per number of children above the limitation set by rule, | or both, may be adjudged. |
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| | 3. Licensure provisions. A person who violates the following | sections or rules adopted pursuant to those sections is subject | to the sanctions provided for under the rules of licensure | applicable to the facility, day care center or home day care | provider: |
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| A. Section 7801, subsection 1, paragraph A; |
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| C. Section 8302-A, subsection 1, paragraphs B to I and | subsection 2, paragraphs A to F and H to J. |
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| | 4. Dedicated funds. Fines and forfeitures adjudged under | this section are payable to the Purchased Social Services Other | Special Revenue account. |
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| | 5.__Injunctive relief.__The department may seek an injunction | to require compliance with the provisions of this section or | rules adopted pursuant to this section. |
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