| knowledge or ability was not used in the performance of the | operator's duties; or that the operator is incompetent or unable | properly to perform the operator's duties. |
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| | Sec. 71. 32 MRSA §4864, first ¶, as amended by PL 1997, c. 246, §21, is | further amended to read: |
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| | The board, on its own motion or upon complaint made to it, may | hold a hearing to determine whether or not violations of this | chapter or the standards for the practice of veterinary medicine | adopted by the board have been violated. Hearings conducted under | this section are "adjudicatory proceedings" and must be conducted | in accordance with the provisions of Title 5, chapter 375, | subchapter IV. The board has the authority to issue subpoenas | subject to the provisions of Title 5, section 9060. If the board | considers a licensee has committed any of the acts set forth in | this section, it shall either report its findings to the Attorney | General for prosecution in the Administrative District Court for | suspension or revocation in accordance with Title 4, chapter 25 | 5, or place the licensee on probation for a certain period of | time during which the licensee shall file periodic affidavits of | the licensee's practice in accordance with the standards set by | the board, or censure, by letter, the licensee. The following | acts are grounds for disciplinary action by the board or for | revocation or suspension by the Administrative District Court: |
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| | Sec. 72. 32 MRSA §4865-A, first ¶, as amended by PL 1993, c. 404, Pt. | A, §11, is further amended to read: |
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| | The board, on the board's own motion or upon complaint made to | the board, may hold a hearing held in accordance with rules | adopted by the board to determine whether or not violations of | this chapter relating to veterinary technicians have occurred. | Hearings conducted under this section are considered | "adjudicatory proceedings" and are conducted in accordance with | the provisions of Title 5, chapter 375, subchapter IV. The board | may issue subpoenas subject to the provisions of Title 5, section | 9060. If the board considers that a veterinary technician has | committed any of the acts set forth in this section, the board | shall either report the board's findings to the Attorney General | for prosecution in the Administrative District Court for | suspension or revocation of the veterinary technician's | registration in accordance with Title 4, chapter 25 5; place the | licensee on probation for a certain period of time during which | the licensee shall file periodic affidavits of the licensee's | duties in accordance with the standards set by the board; or | censure, by letter, the veterinary technician. The following acts | are grounds for disciplinary action by the board or for | revocation or suspension by the Administrative District Court: |
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