LD 509
pg. 167
Page 166 of 183 An Act To Adopt the Maine Uniform Securities Act Page 168 of 183
Download Bill Text
LR 441
Item 1

 
3. This Act is intended, to the extent practicable, to be
revenue neutral in its impact on existing state laws.

 
4. Section 608(c) lists some joint or coordinated efforts
which might be undertaken. Other appropriate cooperative
activities are also encouraged.

 
5. Court decisions interpreting the securities laws have
construed these acts to achieve "broad protection to investors,"
a remedial approach that "embodies a flexible rather than a
static principle, one that is capable of adaption to meet the
countless and variable schemes devised by those who seek to use
the money of others on the promise of profits." SEC v. W.J. Howey
Co, 328 U.S. 293, 299, 301 (1946).

 
Maine Comments

 
1. Section 16608(1): The Revised Maine Securities Act
contained a specific provision, in section 10702(1), that the
administrator has the discretion to bear the costs of cooperation
with other regulators. Maine does not retain that provision here
because the administrator has such discretion even without a
specific provision to that effect.

 
§16609.__Judicial review

 
1.__Judicial review of orders.__Notwithstanding Title 10,
section 8003, subsection 5, any person aggrieved by a final order
of the administrator may obtain judicial review of the order in
the Superior Court of Kennebec County by filing a petition in
accordance with Title 5, section 11001 and the Maine Rules of
Civil Procedure, Rule 80C.

 
2.__Judicial review of rules.__A rule adopted under this
chapter is subject to judicial review in accordance with the
Maine Administrative Procedure Act.

 
Official Comments

 
Prior Provisions: 1956 Act Section 411; RUSA Section 711(b).

 
1. The 1956 Act Section 411 specified procedures for judicial
review of orders, in part modeled on Section 12 of the Model
Administrative Procedure Act, 54 Handbook of National Conference
of Commissioners on Uniform State Laws 334 (1944) and partly on
Section 25 of the Securities Exchange Act.


Page 166 of 183 Top of Page Page 168 of 183