Sec. 7. 32 MRSA §§13070 and 13071 are enacted to read:

§13070.__Civil penalty for operating without license

1.__Investigation.__Upon receipt of a written complaint or upon the director of the commission's own motion, the director may investigate any person who has allegedly violated section 13003.

2.__Prosecution by Attorney General.__If, after investigation, the director determines that reasonable evidence of a violation of section 13003 exists, within 7 business days after that determination the director shall present to the Attorney General the evidence compiled as part of this investigation for prosecution under Title 10, section 8003-C.

3.__Prosecution by commission.__If the Attorney General fails to prosecute the violation, the commission may prosecute the violation.__Prosecution by the commission must be conducted according to this subsection.

A.__The director shall notify the person suspected of unlicensed practice.__The notice must be in writing, be sent by regular mail and include the following:

(1)__A description of the activity engaged in by the person that is a violation of section 13003;

(2)__A statement that a hearing concerning the alleged violation will be held and the date and place of that hearing; and

(3)__A statement that the person may, either in person or through the person's attorney:

(a)__Appear at the hearing and present evidence and examine witnesses for and against the person; or

(b)__Submit written testimony stating the person's position, arguments or contentions.

B.__The commission shall hear the testimony of all persons present at the hearing and consider any written testimony submitted pursuant to paragraph A, subparagraph (3),