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division (b) and determine if there has been a violation of | | section 13003.__If the commission finds that a violation has | | occurred, the commission may issue a cease and desist order, | | assess a civil penalty in an amount it determines, but not to | | exceed $2,000 per violation, or issue any other decision | | pursuant to section 13068.__Each day a violation occurs or | | continues is a separate violation.__The commission shall | | determine the terms of payment.__The commission shall maintain | | a transcript of the proceedings of the hearing and issue a | | written opinion to all parties, citing its findings and | | grounds for any action taken. |
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| | | C.__If a person fails to pay a civil penalty assessed | | pursuant to paragraph B within the time prescribed by the | | commission, the director may forward to the Attorney General | | the name of the person and the amount of the civil penalty | | for the purpose of collecting that civil penalty.__In | | addition to the civil penalty assessed pursuant to paragraph | | B, the person also must pay any fee assessed by the Attorney | | General for collection of the civil penalty. |
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| | | §13071.__Private cause of action |
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| | | 1.__Injunction.__In addition to the penalty and complaint | | provisions of this chapter, an injunction may be granted through | | an action in district court to prohibit a person from engaging in | | an activity that violates the provisions of section 13003.__The | | action for injunctive relief may be brought only by an affected | | person.__For the purposes of this section, "affected person" | | means any person upon whom the actions of a person suspected of | | violating the provisions of section 13003 have had a direct | | impact.__"Affected person" may include, but is not limited to, | | the commission, a person who has used the services of a person | | suspected of violating the provisions of section 13003 or a | | private association composed primarily of members practicing a | | profession for which licensure is required pursuant to this | | chapter. |
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| | | 2.__Costs and attorney's fees.__If a person is successful in | | obtaining injunctive relief, that person is entitled to actual | | costs and attorney's fees unless the person suspected of | | violating a provision of section 13003 prevails in any | | application for permanent injunctive relief.__For the purposes of | | this section, "actual costs" means those costs other than | | attorney's fees that were actually incurred in connection with | | the action, including, but not limited to, court and witness | | fees, investigative expenses, travel expenses, legal research | | expenses and other related fees and expenses. |
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| | | Sec. 8. 32 MRSA §13177, as amended by PL 1999, c. 129, §8, is | | further amended to read: |
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