Sec. C-1. 10 MRSA §8001, sub-§38, ¶X, as enacted by PL 1995, c. 397, §11, is repealed.
Sec. C-2. 10 MRSA §9003, sub-§2, ¶A, as repealed and replaced by PL 1995, c. 462, Pt. A, §26, is repealed.
Sec. C-3. 10 MRSA §9003, sub-§2, ¶B, as repealed and replaced by PL 1995, c. 462, Pt. A, §26, is repealed and the following enacted in its place:
B. Three public members, at least one of whom lives in manufactured housing;
Sec. C-4. 22 MRSA §42, sub-§3, as amended by PL 1991, c. 827, §1 and affected by §2, is further amended to read:
3. Subsurface sewage disposal. The department shall adopt minimum rules relating to plumbing and subsurface sewage disposal systems. All rules, including installation and inspection rules, must be consistent with Title 30-A, chapter 185, subchapter III, and Title 32, chapter 49, but this does not preempt the authority of municipalities under Title 30-A, section 3001, to adopt more restrictive ordinances. The department shall hold hearings on the first Tuesday of February of each year for the purpose of considering changes in the rules pertaining to plumbing and subsurface sewage disposal systems and the installation and inspection thereof. These rules may regulate the location of water supply wells to provide minimum separation distances from subsurface sewage disposal systems. The department may require a deed covenant or deed restriction when determined necessary.
Any person who violates the rules adopted under this subsection, or who violates a municipal ordinance adopted pursuant to Title 30-A, sections 4201 and 4211 or uses a subsurface waste water disposal system not in compliance with rules applicable at the time of installation or modification must be penalized in accordance with Title 30-A, section 4452. Enforcement of the rules is the responsibility of the municipalities rather than the department. The department or a municipality may seek to enjoin violations of the rules or municipal ordinances. In the prosecution of a violation by a municipality, the court shall award reasonable attorney's fees to a municipality if that municipality is the prevailing party, unless the court finds that special circumstances make the award of these fees unjust.
Sec. C-5. 23 MRSA §4206, sub-§1, ¶H, as enacted by PL 1971, c. 593, §16, is amended to read:
H. To acquire, construct, operate and maintain such harbor facilities as may be necessary to implement the planned development of coastal resources, ports and harbors; to operate and maintain the port facilities as now within or as may hereafter come within the jurisdiction of the Department of Transportation; and to oversee the administration of the Maine State Pilotage Commission;
Sec. C-6. 25 MRSA §2441, sub-§3, as repealed and replaced by PL 1991, c. 464, §6, is repealed.
Sec. C-7. 32 MRSA §60-G, as amended by PL 1995, c. 502, Pt. H, §18, is further amended to read:
§60-G. Disciplinary actions; unlicensed practice
1. Filing of complaints. A board or commission listed in Title 10, section 8001, subsection 38 and Title 10, section 8001-A shall file complaints received from a person or initiated by a board or commission with the Office of Licensing and Registration.
2. Investigation of allegations of unlicensed practice. Allegations of unlicensed practice may be investigated by a board's or commission's complaint officer or inspector in conjunction with the Office of Licensing and Registration's complaint unit. If sufficient evidence of unlicensed practice is uncovered, the evidence must be compiled and presented to the Department of the Attorney General or the local district attorney's office for prosecution.
3. Unlicensed practice; criminal penalties. Notwithstanding any other provision of law, any person who practices or represents to the public that the person is authorized to practice a profession or trade and intentionally, knowingly or recklessly fails to obtain a license as required by this Title or intentionally, knowingly or recklessly practices or represents to the public that the person is authorized to practice after the license required by this Title has expired or been suspended or revoked commits a Class E crime. Violation of this subsection is a Class D crime if the person has a prior conviction under this subsection. For purposes of this subsection, the date of the prior conviction must precede the commission of the offense being enhanced by no more than 3 years.
4. Unlicensed practice; civil penalties. Any person who practices or represents to the public that the person is authorized to practice a profession or trade without first obtaining a license as required by this Title or after the license has expired or has been suspended or revoked commits a civil violation punishable by a fine of not less than $100 but not more than $2,000 for each violation. An action under this subsection may be brought in District Court or, in combination with an action under subsection 5, in Superior Court.
5. Unlicensed practice; injunctions. The Attorney General may bring an action in Superior Court to enjoin any person from violating subsection 4 and to restore to any person who has suffered any ascertainable loss by reason of that violation any money or personal or real property that may have been acquired by means of that violation and to compel the return of compensation received for engaging in that unlawful conduct.
A person who violates the terms of an injunction issued under this subsection shall pay to the State a fine of not more than $10,000 for each violation. In any action under this subsection, when a permanent injunction has been issued, the court may order the person against whom the permanent injunction is issued to pay to the General Fund the costs of the investigation of that person by the Attorney General and the costs of suit, including attorney's fees. In any action by the Attorney General brought against a person for violating the terms of an injunction issued under this subsection, the court may make the necessary orders or judgments to restore to any person who has suffered any ascertainable loss of money or personal or real property or to compel the return of compensation received by reason of such conduct found to be in violation of an injunction.
Sec. C-8. 32 MRSA §3403-A, sub-§1, as enacted by PL 1983, c. 413, §143, is amended to read:
1. Rules. The board may, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II, adopt rules commensurate with the authority vested in it by this chapter. These rules may include, but not be limited to, internal plumbing, licensing requirements, examinations and reciprocity of licensing with similar boards of other states which that maintain standards equivalent to this State.
Sec. C-9. 32 MRSA §3403-B is enacted to read:
1. Plumbing and plumbing code. The board shall adopt minimum rules relating to plumbing, including a plumbing code. All rules, including installation and inspection rules, must be consistent with this chapter and Title 30-A, chapter 185, subchapter III, except that the authority of municipalities to adopt more restrictive ordinances under Title 30-A, section 3001 is not preempted. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.
2. Plumbing code violations. Any person who violates the rules adopted pursuant to this section or who violates a municipal ordinance adopted pursuant to Title 30-A, sections 4201 and 4211 must be penalized in accordance with Title 30-A, section 4452. Enforcement of the rules is the joint responsibility of the municipalities and the board. The board or a municipality may seek to enjoin violations of the rules or municipal ordinances. In the prosecution of a violation by a municipality, the court shall award
reasonable attorney's fees to a municipality if that municipality is the prevailing party, unless the court finds that special circumstances make the award of fees unjust.
Sec. C-10. 32 MRSA §6208-A, sub-§1, as amended by PL 1995, c. 394, §9, is further amended to read:
1. Membership. The State Board of Alcohol and Drug Counselors, as established by Title 5, section 12004-A, subsection 41, consists of 11 members. Nine members are appointed by the Governor. One member must be the Director of the Office of Substance Abuse or a designee. One member, appointed by the Chancellor of the University of Maine System, must be a member of the university faculty involved in the training of substance abuse or alcohol and drug counselors. Of these 11 members, 5 members must be licensed alcohol and drug counselors. Two members must be nonproviders, one of whom must be a family member of a consumer of alcohol and drug counseling services or a consumer of alcohol and drug counseling services who has abstained from the use of alcohol and other drugs for a period of at least 2 years. One member must be a public member. One member must be a representative of a regional alcohol and drug abuse council. Members must represent a broad geographic distribution of the State and must be from among the professional associations representative of the field.
Sec. C-11. 32 MRSA §12502, sub-§1, as enacted by PL 1995, c. 671, §13, is amended to read:
1. Membership. The Board of Complementary Health Care Providers, as established in Title 5, section 12004-A, subsection 8-A, shall regulate the professions of acupuncture and naturopathic medicine according to the provisions of this chapter. The board consists of 7 members appointed by the Governor. The Governor shall make the initial appointments to the board no later than 60 days after the effective date of this section and shall inform the Commissioner of Professional and Financial Regulation of these appointments. The commissioner shall call the first meeting of the board on a date no later than 30 days following notification of appointments by the Governor. All members of the board must be residents of this State. Two members of the board must be acupuncturists licensed in this State. Two members of the board must be practitioners of naturopathic medicine who are eligible for licensure under, or are licensed pursuant to, the requirements of subchapter III. One member must be a member of the public who is not a practitioner of any healing art or has no family connection with such a practitioner. One member must be an allopathic or osteopathic physician who is licensed in this State. One member must be a pharmacist who is licensed in this State.
Sec. C-12. 32 MRSA §13062, sub-§2, as amended by PL 1991, c. 53, §2 and affected by §10, is further amended to read:
2. Qualifications. Each industry member of the commission must have been a real estate broker or associate broker by vocation in this State for at least 5 years prior to appointment. The public members, the members' spouses, parents and children must have no professional or financial connection with the real estate brokerage business.
Sec. C-13. 32 MRSA §13062, sub-§3, as enacted by PL 1987, c. 395, Pt. A, §212, is amended to read:
3. Geographic distribution. There shall may not be at no time more than one industry member of the commission from any one county at one time.
Sec. C-14. 32 MRSA §13062, sub-§6, as amended by PL 1993, c. 600, Pt. A, §266, is further amended to read:
6. Appointments. The members of the commission are appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over business legislation and to confirmation by the Senate. Appointments of members must comply with section 60.
Sec. C-15. 32 MRSA §13967, sub-§2, as repealed and replaced by PL 1993, c. 404, Pt. A, §20, is amended to read:
2. Members. The board consists of 7 members appointed by the Governor. Each member must be a citizen of the United States and a resident of this State. The composition of the board consists of:
A. One representative of a mortgage lending organization;
B. One Two public member members; and
C. Five members who hold valid appraiser licenses or certifications, including at least one residential and one commerical commercial real estate appraiser.
Sec. C-16. 32 MRSA §14804, sub-§8 is enacted to read:
8. Inspection of aboveground propane and natural gas storage facilities. The board shall inspect and issue permits to aboveground propane and natural gas storage facilities. The cost of inspection of an aboveground propane and natural gas storage facility and the permit may not exceed $50.
Sec. C-17. 38 MRSA §85-A, sub-§§1 and 2, as amended by PL 1991, c. 509, §46, are further amended to read:
1. Commissioner. "Commissioner" means the Commissioner of Professional and Financial Regulation Transportation.
2. Department. "Department" means the Department of Professional and Financial Regulation Transportation.
Sec. C-18. 38 MRSA §90-B, as repealed and replaced by PL 1995, c. 397, §125, is amended to read:
The commission's budget must be prepared and administered as provided in Title 10, section 8003 and submitted to the commissioner for approval.
Sec. C-19. 38 MRSA §90-C, as enacted by PL 1995, c. 397, §126, is amended to read:
The Commissioner of Professional and Financial Regulation commissioner may appoint employees as necessary, as provided in Title 32, section 60-F.
Sec. C-20. 38 MRSA §106, first ¶, as amended by PL 1995, c. 502, Pt. H, §48, is further amended to read:
All money received by the commission must be paid to the Treasurer of State and credited to the account for the commission within the budget of the Office of Licensing and Registration within the Department of Professional and Financial Regulation Transportation.
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