LD 509
pg. 156
Page 155 of 183 An Act To Adopt the Maine Uniform Securities Act Page 157 of 183
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LR 441
Item 1

 
Maine Comments

 
1. Section 16603(4): Maine has added this subsection based
on a provision in the Revised Maine Securities Act, though former
references to specifically available remedies have been deleted
as unnecessary.

 
§16604.__Administrative enforcement

 
1.__Issuance of order or notice. If the administrator
determines that a person has engaged, is engaging or is about to
engage in an act, practice or course of business constituting a
violation of this chapter or a rule adopted or order issued under
this chapter or that a person has materially aided, is materially
aiding or is about to materially aid an act, practice or course
of business constituting a violation of this chapter or a rule
adopted or order issued under this chapter, the administrator
may:

 
A.__Issue an order directing the person to cease and desist
from engaging in the act, practice or course of business or
to take other action necessary or appropriate to comply with
this chapter;

 
B.__Issue an order denying, suspending, revoking or
conditioning the exemptions for a broker-dealer under
section 16401, subsection 2, paragraph A, subparagraph (4)
or (6) or an investment adviser under section 16403,
subsection 2, paragraph A, subparagraph (3); or

 
C.__Issue an order under section 16204.

 
2.__Summary process.__An order under subsection 1 is effective
on the date of issuance. Upon issuance of the order, the
administrator shall promptly serve each person subject to the
order with a copy of the order and a notice that the order has
been entered. The order must include a statement of any civil
fine or costs of investigation the administrator will seek, a
statement of the reasons for the order and notice that, within 15
days after receipt of a request in a record from the person, the
matter will be scheduled for a hearing. If a person subject to
the order does not request a hearing and none is ordered by the
administrator within 30 days after the date of service of the
order, the order, including the imposition of a civil penalty or
requirement for payment of the costs of investigation sought in a
statement in the order, becomes final as to that person by
operation of law.__A summary order issued against any person
becomes a final order 30 days after the administrator mails
notice to the interested parties of the right to request a
hearing if they fail to request a hearing or on the date of the


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