| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 7 MRSA §3906-B, sub-§4, as amended by PL 1997, c. 690, §2, | | is further amended to read: |
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| | | 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. |
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| | | Sec. 2. 7 MRSA §3909, as amended by PL 2001, c. 422, §5, is | | further amended to read: |
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| | | 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. |
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| | | 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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