CHAPTER 193
H.P. 518 - L.D. 701
An Act Regarding the Suspension of Licenses for Failure To Pay a Fine
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 10 MRSA §8005-A is enacted to read:
§8005-A. Licensees not in compliance with court-ordered fine, fee or restitution; license qualifications and conditions
In addition to other qualifications for licensure or registration and conditions for continuing eligibility to hold a license as required by bureaus, boards and commissions within or affiliated with the department, applicants for licensure or registration, licensees renewing their licenses and existing licensees may not hold any such license when there has been a court-ordered suspension of that license as provided by Title 14, sections 3141 and 3142.
Sec. 2. 10 MRSA §8006, as amended by PL 1995, c. 694, Pt. D, §8 and affected by Pt. E, §2, is further amended to read:
§8006. Licensees not in compliance with court order of support and other court orders; enforcement of parental support obligations and suspensions
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Board" means any bureau, board or commission listed in section 8001 or 8001-A, other licensors that are affiliated with or are a part of the department and the Board of Overseers of the Bar.
B. "Compliance with a court order of support" means that the support obligor is no more than 90 days in arrears in making payments in full for current support, in making periodic payments on a support arrearage pursuant to a written agreement with the Department of Human Services or in making periodic payments as set forth in a court order of support and has obtained or maintained health insurance coverage if required by a court order of support.
C. "Court order of support" means any judgment or order for the support of dependent children issued by any court of the State or another state, including an order in a final decree of divorce or any judgment or order issued in accordance with an administrative procedure established by state law that affords substantial due process and is subject to judicial review.
D. "Court-ordered suspension" means a suspension by a court of the right of a licensee to hold a professional license based on the contempt procedures pursuant to Title 14, sections 3141 and 3142.
2. Noncompliance with court order of support. An applicant for the issuance or renewal of a license or an existing licensee regulated by a board who is not in compliance with a court order of support is subject to the requirements of Title 19-A, section 2201.
3. Court-ordered suspension. An applicant for the issuance or renewal of a license or an existing licensee regulated by a board who has not paid a court-ordered fine, court-appointed attorney's fees or court-ordered restitution is subject to court suspension of all licenses as provided in Title 14, sections 3141 and 3142.
Sec. 3. 14 MRSA §3142, as amended by PL 2001, c. 471, Pt. A, §20, is further amended to read:
§3142. Contempt hearing and punishment
1. Punishment. Unless the defendant shows that failure to pay a fine was not attributable to a willful refusal to obey the order or to a failure on the defendant's part to make a good faith effort to obtain the funds required for the payment, the court may find the defendant in civil contempt and may impose punishment, as the case requires, of:
A. A reasonable fine not to exceed $500; or
B. Imprisonment; or
C. The suspension of any license, certification, registration, permit, approval or other similar document evidencing the granting of authority to hunt, fish or trap or to engage in a profession, occupation, business or industry, not including a registration, permit, approval or similar document evidencing the granting of authority to engage in the business of banking pursuant to Title 9-B. Licenses and registration subject to suspension include, but are not limited to:
(1) Licenses issued by the Commissioner of Marine Resources, as provided in Title 12, section 6409;
(2) Licenses issued by the Commissioner of Inland Fisheries and Wildlife, as provided in Title 12, section 7077, subsection 1-C;
(3) Watercraft, snowmobile and all-terrain vehicle registrations, as provided in Title 12, section 7077, subsection 1-C; and
(4) Motor vehicle licenses or permits issued by the Secretary of State, the right to operate a motor vehicle in this State and the right to apply for or obtain a license or permit, as provided in Title 29-A, section 2605.
2. Notification of issuing entity and person. Upon suspension of the person's license, certification, registration, permit, approval or other similar document evidencing the granting of authority to hunt, fish or trap or to engage in a profession, occupation, business or industry, the court shall notify the person and the issuing agency that the court has ordered the suspension. The issuing agency shall immediately record the suspension. The court shall immediately notify that person by regular mail or personal service. Written notice is sufficient if sent to the person's last known address.
3. Purge of contempt. The court shall provide an opportunity for the defendant to purge the contempt by complying with the court's order to pay or to an amended order to pay. The provisions of the Maine Rules of Civil Procedure, Rule 66 and the Maine Rules of Criminal Procedure, Rule 42 do not apply to proceedings initiated under this section.
Effective September 13, 2003, unless otherwise indicated.
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