| 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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