SP0044
LD 136
PUBLIC Law, Chapter 26

Signed on 2007-04-03 00:00:00.0 - First Regular Session - 123rd Maine Legislature
 
Text: MS-Word, RTF or PDF
LR 686
Item 1
Bill Tracking Chamber Status

An Act Regarding the Enforcement of Penalties under the Maine Workers' Compensation Act of 1992

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 39-A MRSA §361,  as enacted by PL 1993, c. 145, §6, is repealed and the following enacted in its place:

§ 361 Payment to the Workers' Compensation Board Administrative Fund; enforcement

1 Payment.   All penalties assessed under this Act are payable to the Workers' Compensation Board Administrative Fund, unless otherwise provided by law. Upon certification by the board that certain amounts in the Workers' Compensation Board Administrative Fund attributable to penalties assessed pursuant to this Act are not required to support the activities of the board, the Treasurer of State shall transfer funds in the amount certified by the board to the General Fund.
2 Enforcement and collection.   All penalties assessed under this Act are enforceable by the Superior Court under section 323.
A The Attorney General shall prosecute any action necessary to recover penalties payable to the Workers' Compensation Board Administrative Fund, Employment Rehabilitation Fund or General Fund, or the board may retain private counsel for that purpose.
B If a person fails to pay a penalty assessed under this Act that is payable to the Workers' Compensation Board Administrative Fund, Employment Rehabilitation Fund or General Fund and enforcement by the Superior Court is necessary:

(1) That person shall pay the costs of prosecuting the action in Superior Court, including reasonable attorney's fees; and

(2) If the failure to pay was without due cause, any penalty assessed on that person under this Act must be doubled.

Effective September 20, 2007


Top of Page

Related Pages
  Search Bill Text Legislative Information
Bill Directory Search
Bill
Status
Session Information
119th Legislature Bills Maine Legislature

Office of Legislative Information
100 State House Station
Augusta, ME 04333
voice: (207) 287-1692
fax: (207) 287-1580
tty: (207) 287-6826
Word Viewer for Windows Disclaimer