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PART O
Sec. O-1. 32 MRSA §3304, as repealed and replaced by PL 1983, c. 413, §140 and amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed and the following enacted in its place:
§ 3304. Unlicensed practice
Any person who violates section 3302, subsection 1 is subject to the provisions of Title 10, section 8003-C.
Sec. O-2. 32 MRSA §3401, as repealed and replaced by PL 2003, c. 446, §1 and affected by §4, is amended to read:
§ 3401. Membership; vacancies; removal; compensation
The Plumbers' Examining Board, as established by Title 5, section 12004-A, subsection 32, consists of 5 members, who are appointed by the Governor as follows.
Members are appointed for terms of 4 years. Appointments of members must comply with Title 10, section 60 8009.
Any member of the board may be removed from office for cause by the Governor.
Sec. O-3. 32 MRSA §3403, as amended by PL 1983, c. 553, §40, is further amended to read:
§ 3403. Meeting; chair; quorum
The board shall meet at least once a year to conduct its business and to elect a chairman and a secretary chair. Additional meetings shall must be held as necessary to conduct the business of the board , and may be convened at the call of the chairman chair or a majority of the board members. Two Three members of the board shall constitute a quorum for all purposes. The board shall keep such records and minutes as are necessary to the ordinary dispatch of its function.
Sec. O-4. 32 MRSA §3403-A, as amended by PL 1999, c. 386, Pt. L, §§4 and 5, is further amended to read:
§ 3403-A. Powers and duties
The board shall administer, coordinate and enforce this chapter and shall have has the following powers and duties in addition to those otherwise set forth in this chapter.
The board may not refuse to renew a license for any reason other than failure to pay a required fee, unless it has afforded the licensee an opportunity for an adjudicatory hearing. The board shall hold an adjudicatory hearing at the written request of any person who is denied a license without a hearing for any reason other than failure to pay a required fee, provided that the request for hearing is received by the board within 30 days of the applicant's receipt of written notice of the denial of his application, the reasons for the denial and his right to request a hearing. Hearings shall be conducted in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV, to the extent applicable. The board may subpoena witnesses, records and documents in any hearing it conducts.
Sec. O-5. 32 MRSA §3404, as amended by PL 1983, c. 553, §41 and PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed and the following enacted in its place:
§ 3404. Denial or refusal to renew license; disciplinary action; reinstatement
The board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for any of the reasons enumerated in Title 10, section 8003, subsection 5-A, paragraph A.
The board, for reasons it considers sufficient, may reissue a license to any person whose license has been revoked if 2 or more members of the board vote in favor of the reissuance.
Sec. O-6. 32 MRSA §3406 is repealed.
Sec. O-7. 32 MRSA §3501, sub-§4, as amended by PL 1999, c. 386, Pt. L, §6, is further amended to read:
Sec. O-8. 32 MRSA §3504, as amended by PL 2003, c. 250, Pt. B, §6, is further amended to read:
§ 3504. Renewals
All licenses expire 2 years from the original date of issue or at such other time as the commissioner may designate.
The board shall notify everyone registered under this chapter of the date of expiration of his license and the fee required for its renewal for a 2-year period. The notice shall be mailed to the person's last-known address at least 30 days in advance of the expiration date of his license.
A license may be renewed up to 90 days after the date of its expiration upon payment of a late fee in addition to the renewal fee as set under section 3501-B. Any person who submits an application for renewal more than 90 days after the license expiration date shall pay an additional late fee as set under section 3501-B and is subject to all requirements governing new applications under this chapter, except that the board may in its discretion, giving due consideration to the protection of the public, waive examination or other requirements. The board may assess penalties for late renewal that is more than 90 days after the date of expiration. Notwithstanding any other provision of this chapter, the board shall waive examination if a renewal application is made within 90 days after separation from the United States Armed Forces, under conditions other than dishonorable, by a person who has failed to renew the person's license because the person was on active duty in the United States Armed Forces; the waiver of examination may not be granted if the person served more than 4 years in the United States Armed Forces, except if the person is required by some mandatory provision to serve a longer period and the person submits satisfactory evidence to the board.
Any master plumber giving up his master plumber's license for a lower grade license shall be required to successfully pass an examination in order to reinstate his master plumber's license.
All journeyman-in-training licenses shall be are issued for a single nonrenewable period of 4 years and shall are not be subject to the requirements of this section , except that each person holding such a license shall be notified by the board of the date of its expiration in the manner provided in this section.
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Office of the Revisor of Statutes