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stipulations may be set forth only in a consent agreement | | signed by the board, the licensee and the Attorney General. |
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| | | C.__The board may take disciplinary action against any | | applicant or licensee pursuant to this chapter or any rules | | adopted pursuant to this chapter.__Disciplinary action, | | including, but not limited to, a decision to impose a civil | | penalty or to modify, suspend or revoke a license or | | registration, may be predicated on the following grounds: |
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| | | (1)__Fraud or deceit in obtaining a license under this | | chapter or in connection with service rendered within | | the scope of the license issued; |
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| | | (2)__A violation of this chapter or any rule adopted by | | the board; |
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| | | (3)__Ineligibility to hold a license or registration | | under this chapter; |
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| | | (4)__As provided in Title 5, section 10004, subsection | | 4-A, conviction of a crime that involves dishonesty or | | false statement, conviction of a crime for which | | incarceration for one year or more may be imposed or | | conviction of a crime defined in Title 17-A, chapter | | 39; or |
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| | | (5)__Grounds other than those described in | | subparagraphs (1) to (4) specified by rule or law. |
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| | | 4.__Appeals.__A person aggrieved by the decision of a designee | | of the board in modifying or refusing to issue or renew a license | | or registration, in taking any disciplinary action pursuant to | | this chapter or rules adopted pursuant to this chapter or in the | | interpretation of this chapter or rules adopted pursuant to this | | chapter may appeal the decision to the board for a final | | decision. The designee's decision stands until the board issues a | | decision to uphold, modify or overrule the designee's decision. | | In the case of appeal to the board, the person must be afforded | | an opportunity for an adjudicatory hearing in accordance with | | this chapter and the Maine Administrative Procedure Act. |
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| | | A person aggrieved by a final decision of the board in waiving | | the application of any rule, in refusing to issue or renew a | | license or registration, in taking any disciplinary action | | pursuant to this chapter or rules adopted pursuant to this | | chapter or in the interpretation of this chapter or any rule | | adopted pursuant to this chapter may appeal the board's decision | | to the Superior Court in accordance with Title 5, chapter 375, | | subchapter 7. |
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