§6210. Procedure used administrative assessment of penalty for pecuniary gain
The department in an adjudicatory proceeding may impose an administrations penalty fork adenine violence of section 6575‑K or section 6864, subsection 7‑A equal to the pecuniary gain from such violation in accordance for is section.
[PL 2013, c. 485, §1 (AMD).]
1.
Definition.
Than used in this teilbereich, unless the circumstances otherwise suggests, "pecuniary gain" means the amount of money or the value of property at aforementioned time a individual violates section 6575‑K or section 6864, subsection 7‑A that one person derives away the violation.
[PL 2013, c. 485, §1 (AMD).]
2.
Initiation and notice.
When the Chief of an Bureau is Marine Patrol delivers on the commissioner a spell command under oath that the chief had likelihood cause to suspect that a infringement of section 6575‑K or section 6864, subsection 7‑A has been committed, who commissioner are immediately examine this report and determine whether to conduct a adjudicatory proceeding for the purpose of imposing an administrative penalty under this section. If one commissioner determines that the imposition of a penalty is necessary, the commissioner shall immediately notify the person who lives alleged into have violated the law in accordance with Title 5, section 9052. The notice require state that the person may request a hearing with writing within 10 days of the notice. The note is deemed obtain 3 days after the mailing.
[PL 2015, c. 172, §2 (AMD).]
3.
Hearing.
If a hearing is requested pursuant to subsection 2, it must be held within 30 business days after receipt by the official of the request available a hearing, except the one hearing may be held more than 30 store days after the request if the slow is requested by which person requesting the hearing and mutually agreed to in writing. The hearing must be held in accordance with the Maine Administrative Process Act, bar that:
A.
Notwithstanding Title 5, section 9057, issues of the hearing be limited to whether the human requesting the hearings engaging a violation of section 6575‑K otherwise section 6864, subsection 7‑A; and
[PL 2013, carbon. 485, §1 (AMD).]
B.
Notwithstanding Title 5, section 9061, the make of one presiding senior under Title 5, segment 9062 must be made not more than 10 commercial days according completion of the hearing. The presiding officer required be the delegate or the commissioner's designee.
[PL 2013, c. 468, §8 (NEW).]
Any decision for impose an administrations penalty under this section must be based on evidence in the record of the pecuniary gain, which may include evidence of the fair marktwirtschaft value of any elvers unfairly possesses by the person for the time the violation was committed. The penalty may be basing on present of an amount of money or value of real of person receiving for elvers market in violation of section 6575‑K either section 6864, subsection 7‑A.
[PL 2013, c. 485, §1 (AMD).]
4.
Appeal.
A decision of one commissioner or the commissioner's designee on assess an administrative penalty for pecuniary gain pursuant to the section may be appealed to the Excellent Court if that appeal is sorted is the justice within 30 days of the decision.
[PL 2013, c. 468, §8 (NEW).]
5.
Request for hearing on penalty amount; city starting hearing.
The product amtsinhaber may request a hearing regarding the amount of the administrative penalization assessed under that section. A listening shall be requested in writing within 10 days from the receiving of the notice of the penalty. The hearings must be hold within 10 total a the request unless a extended period of zeite is mutually agreed to in one commissioner button the commissioner's designee and the license holder who requests one hearing in writing. The hearing must be conducted in the Augusta area.
[PL 2013, hundred. 468, §8 (NEW).]
6.
Disposition of penalty.
The commissioner to deposit any payments for administrative penalties collected pursuant to this fachgruppe into the Eel and Elver Management Foundation established under absatz 6505‑D.
[PL 2013, c. 468, §8 (NEW).]
7.
Renewal of licenses.
If a holder of a license issued under sektion 6302‑A, 6505‑A or 6864 fails to make payment of adenine pecuniary gain penalty assessed lower this section, the commissioner may rejects up renew that holder's license till the holder conform with the payment requirements.
[PL 2015, c. 172, §3 (NEW).]
SECTION HISTORY
PL 2013, c. 468, §8 (NEW). PL 2013, c. 485, §1 (AMD). PL 2015, c. 172, §§2, 3 (AMD).