Sec. YYY-1. 22 MRSA §1714-A, sub-§7, as enacted by PL 1991, c. 568, §4, is amended to read:
7. Other collection actions. In addition to the other remedies provided in this section, the department may seek collection of any debt established under subsection 2 pursuant to Title 14, chapter 502.
A business entity, including a sole proprietorship, is considered out of business for the purposes of the department's recovering indebtedness if, after reasonable investigation, the department or its legal counsel has certified in writing that the business entity is no longer conducting operations and that there is no realistic expectation of collecting any significant money from the entity based upon one or more of the following conditions:
A. The business entity has ceased offering retail or wholesale goods and services to the public;
B. Upon reasonable investigation, nonexempt assets of the business entity of substantial value can not be identified or are otherwise unavailable for attachment and recovery;
C. The business entity's physical location or locations of business are closed to the public;
D. The business entity's corporate status is no longer in good standing;
E. The business entity has admitted that is has insufficient assets to satisfy the debt;
F. After reasonable investigation, the department or its counsel can not locate the business entity or identify the debtor's nonexempt assets; and
G. The business entity has transferred substantially all of its business assets to a 3rd party and there are no recoverable assets as a result of the transfer.
Certification by the department that a business entity is out of business under this subsection does not preclude further collection and recovery procedures by the department, whether to formally adjudicate the indebtedness or to proceed with collection and recovery if the department becomes aware of facts that merit further recovery efforts.
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