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An Act Pertaining to the Laws Governing Pull Events
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 7 MRSA §96, sub-§8, as enacted by PL 2005, c. 563, §3, is amended to read:
 
8. Administrative hearing; suspension.   In lieu of a civil action under subsection 9, the commissioner may institute an administrative proceeding on any alleged violation of this section. If the commissioner institutes an administrative proceeding, the commissioner shall give notice and an opportunity for hearing under Title 5, chapter 375, subchapter 4. Upon giving notice to a person who is alleged to be in violation of this section, the commissioner shall immediately prohibit that person from competing in an event within the State. This prohibition remains in effect for 30 days or until the commissioner's decision following the hearing is received, whichever occurs first, except that the prohibition period is extended by any delays of the hearing requested by the person against whom the violation is alleged.
 
If the person against whom the violation is alleged does not request a hearing or if, after a hearing, the commissioner finds the person has committed the violation, the commissioner shall prohibit that person from competing in any event within the State for a period of up to 2 years and shall also exclude the animal from competing in any event within the State for a period of up to one year. The commissioner may also, in an adjudicatory proceeding, in lieu of a civil action under subsection 9, impose an administrative penalty not to exceed $1,000 for a violation of this section.
 
The commissioner may establish, by rule, a schedule of administrative penalties for violations of this section that includes fines and prohibitions on competing. The schedule must be based on the severity of the violation. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 2. 7 MRSA §98, sub-§2, as enacted by PL 2005, c. 563, §3, is amended to read:
 
2. Chair; meetings; secretary.   The Pull Events Commission shall elect one of its members as chair. The chair serves a 2-year term and may not serve as chair for consecutive terms. The commission shall meet a minimum of twice annually. The agricultural fair coordinator from the department shallcommissioner shall designate a person to serve as secretary to the Pull Events Commission.
 
Effective 90 days following adjournment of the 125th Legislature, First Regular Session, unless otherwise indicated.