LD 1567
pg. 6
Page 5 of 185 An Act To Implement Recommendations of the MCJUSTIS Policy Board Concerning the... Page 7 of 185
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LR 526
Item 1

 
B.__A person who violates this subsection after having
previously violated this subsection commits a civil
violation for which a fine of not less than $200 and not
more than $500 may be adjudged.

 
2.__Trade secret violation.__A person may not use to that
person's own advantage or reveal to other than the commissioner
or officers of the department or to the courts when relevant in
any judicial proceeding information acquired under the authority
of this subchapter concerning a method, record, formulation or
process that as a trade secret is entitled to protection.__A
person who violates this subsection commits a civil violation for
which a fine of not less than $100 and not more than $500 may be
adjudged.__This prohibition does not prohibit the commissioner or
the commissioner's duly authorized agent from exchanging
information of a regulatory nature with duly appointed officials
of the United States Government or of other states who are
similarly prohibited by law from revealing this information.

 
3.__Application.__This subchapter may not be construed as
requiring the commissioner or the commissioner's agent to cause
suit to be brought or institute seizure proceedings or issue a
withdrawal from distribution order as a result of minor
violations of this subchapter or when the commissioner believes
that the public interest will best be served by suitable notice
of warning in writing.

 
4.__Process.__The authorities to whom a violation is reported
shall cause appropriate proceedings to be instituted in a court
of competent jurisdiction without delay.__Before the commissioner
reports a violation for suit to be brought, the distributor must
have an opportunity to present the distributor's view to the
commissioner.

 
5.__Injunction.__The commissioner is authorized to apply for
and the court to grant a temporary or permanent injunction
restraining a person from violating or continuing to violate this
subchapter or any rule or regulation adopted under this
subchapter notwithstanding the existence of other remedies at
law.__This injunction must be issued without bond.

 
6.__Review.__A person adversely affected by an act, order or
ruling made pursuant to this subchapter may bring action within
45 days after that act, order or ruling in the Superior Court in
the county of the enforcement official's office for judicial
review of the actions. The form of the proceeding must be any
that may be provided by statute of the State to review decisions
of administrative agencies or, in the absence or inadequacy of
such a form, any applicable form of legal action, including


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