LD 1600
pg. 18
Page 17 of 361 PUBLIC Law Chapter 414 Page 19 of 361
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LR 2121
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12.__Criminal history record information.__The commissioner shall
collect and maintain criminal history record information pertinent
to violations of this Part.__The commissioner may collect and
maintain other records and information pertinent to other functions
of the department, including the enforcement of civil violations.

 
§10104.__Rule-making power

 
In addition to other powers granted in this Part, the
commissioner has the following powers.

 
1.__Rules. The commissioner may, with the advice and consent
of the advisory council and in conformity with Title 5, Part 18,
and except as otherwise provided, adopt, amend and repeal
reasonable rules, including emergency rules, necessary for the
proper administration, implementation, enforcement and
interpretation of any provision of law that the commissioner is
charged with the duty of administering. These rules duly adopted
have the full force and effect of law and are effective upon
filing with the Secretary of State, unless a later date is
required by statute or specified in the rule.

 
2.__Filing of rules. The commissioner may file certified
copies of all rules adopted by the commissioner and any and all
amendments to the rules with the clerks of the District Court and
Superior Court. These certified copies are considered official
publications of the State for all purposes, including, but not
limited to, the Maine Rules of Civil Procedure, Rule 44(a)(1) and
the Maine Rules of Evidence, Rule 902 (5), and judicial notice
must be taken accordingly.__A facsimile of the signature of the
commissioner imprinted by or at the commissioner's discretion
upon any such certificate of true copy has the same validity as
the commissioner's written signature.

 
§10105.__Other powers

 
1.__ Authority to issue permits.__Whenever the commissioner
determines it necessary for the accomplishment of the
commissioner's statutory duties, the commissioner may issue
permits authorizing persons to assist the commissioner in the
taking and destruction of any wildlife.

 
A person may not engage in an activity for which a permit may be
issued under this subsection and for which that person does not
have a valid permit.__Each day a person violates this subsection
that person commits a Class E crime for which a minimum fine of
$50 and an amount equal to twice the applicable license fee must
be imposed.


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