LD 431
pg. 1
LD 431 Title Page An Act To Increase Educational Certification for Humane Agents and Animal Contr... Page 2 of 2
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LR 609
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 7 MRSA §3906-B, sub-§4, as amended by PL 1997, c. 690, §2,
is further amended to read:

 
4. Training and certification of animal control officers.
The commissioner shall develop a program to train animal
control officers. This program must include training in
investigation of complaints of cruelty to animals, training in
response to calls concerning animals suspected of having
rabies and training in enforcement of dog licensing laws and
rabies immunization laws. The commissioner shall certify all
animal control officers who complete the training program.
Once an animal control officer is certified, the animal
control officer must receive a minimum of 8 hours of
recertification training per year.

 
Sec. 2. 7 MRSA §3909, as amended by PL 2001, c. 422, §5, is
further amended to read:

 
§3909. Enforcement

 
1. Attorney General and District Attorneys. Whenever a
person has engaged in or is about to engage in an act or
practice that constitutes a violation of this Act, a rule
adopted pursuant to this Act or a condition of an order,
license or permit approved or decision issued by the
commissioner pursuant to this Act, or that constitutes a
violation of chapter 739 or Title 17, chapter 42, the Attorney
General or a District Attorney, at the request of the
commissioner, may institute proceedings before the District
Court or Superior Court for an order enjoining those acts or
practices, an order directing compliance or imposing a civil
or criminal penalty, or any combination of these actions, as
provided by law. Upon a showing by the commissioner that the
person has engaged or is about to engage in such an act or
practice, the court may grant a permanent or temporary
injunction, restraining order or other order as appropriate.

 
2. Designated employees of department. For purposes of
prosecution under this section, the commissioner may authorize
humane agents and a state veterinarian to serve civil process
pursuant to the Maine Rules of Civil Procedure, Rule 80H and
any other applicable rules of court. The commissioner may
authorize humane agents or a state veterinarian to represent
the department in District Court in the prosecution of civil
violations of these laws. Certification of the humane agents
and a state veterinarian for this purpose is as provided under
Title 30-A, section 4453, subsection 5. Once certified,
prosecution by the humane agent or a state veterinarian may
seek civil penalties as provided by law as well as a permanent
or temporary injunction, restraining order or other equitable
relief as the court finds appropriate.


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