HP1417, LD 2001, item 1, An Act To Create an Administrative Review Process for Hunting and Fishing Violations

An Act To Create an Administrative Review Process for Hunting and Fishing Violations

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 12 MRSA §10902-A is enacted to read:

§ 10902-A. Procedure for administrative action without criminal conviction or civil adjudication

1. Initiation and notice. If the director of the Bureau of Warden Service delivers to the commissioner a written statement under oath that the director has probable cause to suspect that a violation of section 10652 or 10657 has been committed by a person holding a license or permit issued under this Part, the commissioner shall immediately examine the affidavit and determine whether administrative action as set forth in subsection 3 is necessary. If the commissioner determines based on a preponderance of the evidence that administrative action is necessary, the commissioner shall immediately notify in writing the person determined by the commissioner to be in violation of the law. The notice must state that there is an opportunity for a hearing if the person requests the hearing in writing within 10 days of the notice. The notice is deemed received 3 days after the mailing. If a person who has been notified pursuant to this subsection does not request a hearing within the allowed time, the commissioner may implement administrative action in accordance with subsection 3.

2. Hearing. A hearing requested under subsection 1 must be held within 30 business days after receipt by the commissioner of the request for hearing, except that a hearing may be held more than 30 business days after the request if the delay is requested by the person requesting the hearing. If the hearing is continued, it must be held no later than 60 days after the original notice, and any further continuance must be with the consent of both parties. The hearing must be held in accordance with the Maine Administrative Procedure Act, except that:

A. Notwithstanding Title 5, section 9057, issues of the hearing are limited to whether the person requesting the hearing had a license or permit and whether that person committed a violation of section 10652 or 10657; and

B. Notwithstanding Title 5, section 9061, the decision of the presiding officer under Title 5, section 9062 must be made not more than 10 business days after completion of the hearing.

If the presiding officer of the hearing finds that a violation of section 10652 or 10657 has been committed, the presiding officer shall immediately notify the commissioner of the finding.

3. Administrative action. Upon a determination under subsection 1 or notification of a finding under subsection 2 that a violation of section 10652 or 10657 has been committed:

A. For a first violation of section 10652 or 10657, the commissioner may order that, notwithstanding any exemption from hunter safety course requirements contained in section 11105 or any other law, the person must complete a hunter safety course or other safety course designated by the commissioner;

B. For a 2nd violation of section 10652 or 10657, the commissioner may order that all licenses and permits issued under this Part to the person be suspended for a period of 2 years; and

C. For a 3rd or subsequent violation of section 10652 or 10657, the commissioner may order that all licenses and permits issued under this Part to the person be permanently suspended.

4. Appeal. An administrative action by the commissioner to suspend a license or permit pursuant to this section may be appealed to the Superior Court if it is filed with the court within 30 days of the decision.

SUMMARY

This bill establishes a procedure for the Commissioner of Inland Fisheries and Wildlife to take administrative action regarding alleged property violations without first requiring criminal conviction or civil adjudication of the allegation. Under this bill, if the director of the Bureau of Warden Service has probable cause to suspect that civil trespass or abuse of another person's property while fishing, hunting or trapping has been committed by a person holding a fishing, hunting or trapping license or permit, the commissioner may:

1. For a first violation, order that the person complete a hunter safety course or other safety course designated by the commissioner, regardless of whether the person is exempt from hunter safety course requirements;

2. For a 2nd violation, order that all licenses and permits issued to the person by the Department of Inland Fisheries and Wildlife be suspended for a period of 2 years; and

3. For a 3rd or subsequent violation, order that all licenses and permits issued to the person by the Department of Inland Fisheries and Wildlife be permanently suspended.

The bill provides a mechanism for notice and opportunities for hearing and appeal of administrative action taken by the commissioner.

HP1417 LD 2001	Session - 129th Maine Legislature		LR 2669 Item 1
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