LD 1920
pg. 45
Page 44 of 231 PUBLIC Law Chapter 655 Page 46 of 231
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LR 2679
Item 1

 
commissioner may revoke refuse to issue the license or permit for a
period of not less than 5 years.

 
Sec. B-98. 12 MRSA §10902, sub-§4, ¶C, as enacted by PL 2003, c. 414,
Pt. A, §2 and affected by Pt. D, §7, is amended to read:

 
C. If an habitual violator, as defined in section 10605,
subsection 1, is convicted or adjudicated of a violation of
any provision of this Part, the commissioner shall revoke
all licenses and permits held by that person. A That person
is ineligible to have a license may not be granted to that
person for a period to be determined by the commissioner,
but not which may not be less than 3 years from the date of
revocation. A hearing for a person whose licenses and
permits have been revoked under this paragraph is governed
by the following.

 
(1) A person whose licenses and permits have been
revoked under this paragraph may, within 30 days of the
effective date of the revocation, petition for a
hearing before the commissioner to show cause why the
licenses and permits should not have been revoked.

 
(2) If, after the hearing, the commissioner finds that
the petitioner's record does not bring the petitioner
within the definition of an habitual violator, the
commissioner shall rescind the revocation. If the
commissioner finds that the petitioner's record does
bring the petitioner within the definition of an
habitual violator, the revocation remains in effect.
If the petitioner denies any of the facts contained in
the record, the petitioner has the burden of proof.

 
Sec. B-99. 12 MRSA §10902, sub-§6, ¶¶C, G and H, as enacted by PL 2003,
c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to read:

 
C. Night hunting, in violation of section 11206 11206-A;

 
G. Buying or selling moose, unlawfully hunting moose or
unlawfully possessing moose, in violation of section 11154,
11217, 11601, 11652, 12302 12302-A, 12304 12304-A, 12305 or
12403; or

 
H. Buying or selling wild turkeys, unlawfully hunting wild
turkeys, unlawfully possessing wild turkeys or using
unlawful methods to hunt wild turkeys, in violation of
section 11217, subsection 1; section 11751 11751-A; section
11801; or section 12306, subsection 1.


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