§317-A. Investigations; suspension and revocation

1. Chief of the State Police. The Chief of the State Police, as the agency responsible for the enforcement of this chapter, may:

A. Investigate all aspects of this chapter including the direct and indirect ownership or control of any licenses;

B. Suspend Recommend to the commission that it suspend or revoke a license, after notice of the opportunity for a hearing, if the licensee or the licensee's agent or employee violates a provision of this chapter or Title 17-A, chapter 39; and

C. Immediately Recommend to the commission that it immediately suspend or revoke a license if there is probable cause to believe that the licensee or the licensee's agent or employee violated a provision of Title 17-A, chapter 39.

2. Suspension or revocation after notice and opportunity for hearing. The Chief of the State Police must commission shall notify the licensee in writing, before a license is suspended or revoked and after notice of the opportunity for a hearing, pursuant to subsection 1, paragraph B, of the intended commencement date of the suspension or revocation, which may not be made any sooner than 96 hours after the licensee's receipt of the notice, of the duration of the suspension or revocation and of the right to a hearing pursuant to this subsection. The licensee has the right to request a hearing before the Commissioner of Public Safety or the commissioner's designee commission. Upon the licensee's request for a hearing, the Commissioner of Public Safety commission shall provide a hearing. The hearing must comply with the Maine Administrative Procedure Act. The purpose of the hearing is to determine whether a preponderance of the evidence establishes that the licensee or the licensee's agent or employee violated a provision of this chapter or Title 17-A, chapter 39. A request for a hearing may not be made any later than 10 days after the licensee is notified of the proposed suspension or revocation. The suspension or revocation action must be stayed pending the hearing; the hearing may not be held any later than 30 days after the date the commissioner commission receives the request.

3. Immediate suspension or revocation. A licensee whose license is immediately suspended or revoked by the Chief of the State Police commission pursuant to subsection 1, paragraph C