LD 1373
pg. 5
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LR 1273
Item 1

 
inform the certificate holder of the certificate holder's
right to request an adjudicatory hearing.__If the
certificate holder requests an adjudicatory hearing in a
timely manner, the adjudicatory hearing must be held by
the bureau in accordance with Title 5, chapter 375,
subchapter 4.__If the certificate holder wishes to appeal
the final decision of the bureau, the certificate holder
shall file a petition for review with the Superior Court
within 30 days of receipt of the bureau's decision.__
Review under this paragraph must be conducted pursuant to
Title 5, chapter 375, subchapter 7.

 
(4)__Except in the specific circumstances when Title 5,
section 10004 may be invoked, if the bureau concludes
that suspension or revocation of the certificate is in
order, the bureau shall request that the Attorney
General file a complaint in the District Court in
accordance with Title 4, chapter 5 and the Maine
Administrative Procedure Act to commence either full or
emergency proceedings.

 
5.__Grounds for disciplinary action.__A decision to take
action against an applicant or certificate holder pursuant to
this section or rules adopted pursuant to this section,
including, but not limited to, a decision to refuse to issue or
renew a certificate or to modify, suspend or revoke a
certificate, may be predicated on the following grounds:

 
A.__Fraud or deceit in obtaining a certificate under this
section or in connection with service rendered within the
scope of the certificate issued;

 
B.__Habitual substance abuse that has resulted or is
forseeably likely to result in the certificate holder is
performing services in a manner that endangers the health or
safety of the public;

 
C.__A professional diagnosis of a mental or physical
condition that has affected or is likely to affect the
certificate holder's performance in a manner that endangers
the health or safety of the public;

 
D.__Aiding or abetting a person not duly certified under
this section in performing activities for which a
certificate is required under this section;

 
E.__Incompetent professional practice as evidenced by:


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