LD 1600
pg. 62
Page 61 of 361 PUBLIC Law Chapter 414 Page 63 of 361
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LR 2121
Item 1

 
1.__Form.__ The commissioner shall designate the Uniform
Summons and Complaint as the citation form to be used by the
warden service.

 
2.__Responsibility for issuance and disposition.__
Responsibility for issuance and disposition is as follows.

 
A.__The commissioner is responsible for all fish and
wildlife citation forms approved by the Chief Judge of the
District Court prior to May 1, 1991.__The Department of
Public Safety is responsible for all Uniform Summons and
Complaints issued to the warden service.__The commissioner
or the commissioner's designee is responsible for the
further issuance of Uniform Summons and Complaint books to
individual wardens and for the proper disposition of those
books.

 
3.__Lawful complaint.__If the citation provided for in this
section or a Uniform Summons and Complaint is duly sworn to as
required by law and otherwise legally sufficient in respect to
the form of a complaint and charging an offense, it may be filed
in a court having jurisdiction and constitutes a lawful complaint
for the purpose of the commencement of any criminal prosecution
or civil violation proceeding.

 
4.__Lawful summons.__A citation as provided for in this
section or a Uniform Summons and Complaint, when served upon a
person by a law enforcement officer, acts as a summons to appear
in court or to otherwise respond in accordance with law on or
before the date specified in the summons.__Any person who fails
to appear in court as directed by the summons or to otherwise
respond in accordance with law on or before the date specified in
the summons commits a Class E crime.__Upon that person's failure
to appear or respond in accordance with law, the court may issue
a warrant of arrest.__It is an affirmative defense to prosecution
under this subsection that the failure to appear or respond
resulted from just cause.

 
§10452.__Refusal to sign

 
A person who refuses to sign a citation or Uniform Summons and
Complaint after having been ordered to do so by a law enforcement
officer commits a Class E crime.

 
§10453.__Unlawful disposition of citations

 
It is unlawful and official misconduct for a warden or other
public employee to dispose of an official citation form or
Uniform Summons and Complaint, except in accordance with law and


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