Sec. 12. 12 MRSA §7315, sub-§1, as amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read:

1. Conditions for revocation. The commissioner may suspend or revoke a guide license pursuant to section 7077 to 7079 and Title 5, section 10004. The commissioner may revoke, suspend, refuse to issue or refuse to renew a guide license or the District Court may revoke or suspend a guide license in any one of the following circumstances:

A. If the guide fails to meet the standards of competency established pursuant to section 7314;

B. If the guide fails to meet the qualifications for a guide license, including, but not limited to, failure to pass a reexamination conducted pursuant to section 7313, subsection 4; or

C. If the guide is found to be incompetent, negligent or neglectful in the conduct of guiding activities, including, but not limited to, entering into a contractual agreement with a client to provide services and then failing, without just cause, to provide the services as agreed.

Sec. 13. 12 MRSA §7315, sub-§1-A, as amended by PL 1995, c. 346, §15, is further amended to read:

1-A. Mandatory revocation. The commissioner shall revoke for a period of 3 years the guide's license of a guide who is convicted of violating a provision of this Part punishable by a mandatory fine of not less than $1,000 and at least 3 days in jail. The commissioner shall provide notice of revocation as provided in section 7077-C. A person whose license has been revoked under this subsection may, within 30 days of the effective date of the revocation, petition the commissioner for a hearing to show cause why the license should not have been revoked. If, after the hearing, the commissioner finds that the person has not been convicted or that the conditions of this subsection do not apply, the revocation is rescinded. If the commissioner finds that the person has been convicted and that

the conditions of this subsection apply, the revocation remains in effect.

Sec. 14. 12 MRSA §7357, sub-§1, as amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read:

1. Disciplinary action. The commissioner may suspend or revoke a license pursuant to sections 7077 to 7079 and Title 5, section 10004. The commissioner may refuse to issue or renew a license or the District Court may revoke, suspend or refuse to renew a license for any one of the following causes:

A. Procuring a license by fraud or deceit practiced upon the department or a purchaser;

B. Failure to meet the competency standards established pursuant to section 7354;

C. Engaging in the art of taxidermy under a false name or alias with fraudulent intent;

D. Incompetence, negligence or neglect in the conduct of the practice of the act of taxidermy, including, but not limited to, entering into a contractual agreement with a customer to provide services and then failing, without just cause, to provide the services as agreed;

E. Failure to meet the qualifications for a license, including, but not limited to, failing to pass a reexamination pursuant to section 7356, subsection 6; or

F. For any violation of sections 7354 to 7356 and this section or any rules adopted pursuant to section 7354, subsection 5.

Sec. 15. 12 MRSA §7907, sub-§2, ¶¶B and C, as enacted by PL 1995, c. 346, §16, are amended to read:

B. Any firearm seized in connection with a violation of:

(1) Section 7406, subsection 5;

(2) Section 7077, subsection 1-A; or

(3) Section 7077-A;

C. Any fishing equipment that is contraband under this section and is seized in connection with a violation of section 7077, subsection 1-B by an officer; and

Sec. 16. Effective date. Except for that section of this Act that enacts the Maine Revised Statutes, Title 12, section 7077, subsection 8, this Act takes effect October 1, 2002.

SUMMARY

This bill repeals provisions of law governing suspension and revocation of hunting and fishing licenses and directs the Commissioner of Inland Fisheries and Wildlife to adopt rules governing the suspension, revocation and reinstatement of these licenses by the commissioner.