§8003-A. Complaint investigation
1. Affiliated boards. In aid of their investigative authority, the licensing boards and commissions affiliated with the department pursuant to section 8001‑A may issue subpoenas in the name of the relevant licensing board or commission, in accordance with the terms of Title 5, section 9060, except that the authority applies to any stage of an investigation and is not limited to an adjudicatory proceeding.
[PL 2007, c. 402, Pt. C, §4 (NEW).]
2. Office of Professional and Occupational Regulation. The Office of Professional and Occupational Regulation, including the licensing boards and commissions and regulatory functions within the office, may receive, initiate and investigate complaints alleging any ground for disciplinary action set forth in section 8003, subsection 5‑A. To assist with complaint or other investigations, or as otherwise considered necessary for the fulfillment of their responsibilities, the office, boards and commissions may hold hearings and may issue subpoenas for witnesses, records and documents in the name of the office, board or commission, as the case may be, in accordance with the terms of Title 5, section 9060, except that the subpoena authority applies to any stage or type of an investigation and is not limited to an adjudicatory hearing held pursuant to section 8003, subsection 5‑A.
Investigative personnel of the Office of Professional and Occupational Regulation, during the normal conduct of their work for boards, commissions and regulatory functions within the office, may conduct investigations, issue citations, serve summonses and order corrections of violations in accordance with specific statutory authority. When specific authority does not exist to appeal an order to correct, that process must be established by rule by the respective board.
[PL 2007, c. 402, Pt. C, §4 (NEW); PL 2011, c. 286, Pt. B, §5 (REV).]
3. Dispositions available to the public. Upon disposition of each complaint and investigation, the office and all boards and commissions shall make such disposition available to the public.
[PL 2007, c. 402, Pt. C, §4 (NEW).]
SECTION HISTORY
PL 1985, c. 748, §19 (NEW). PL 1991, c. 509, §4 (AMD). PL 1995, c. 502, §H11 (AMD). PL 2007, c. 402, Pt. C, §4 (RPR). PL 2011, c. 286, Pt. B, §5 (REV).
Structure Maine Revised Statutes
Part 9: DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION
Chapter 901: DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION
10 §8001. Department; organization
10 §8001-A. Department; affiliation
10 §8002. Duties and authority of commissioner
10 §8003. Departmental organization; duties
10 §8003-A. Complaint investigation
10 §8003-B. Confidentiality of investigative records
10 §8003-C. Unlicensed practice
10 §8003-D. Investigations; enforcement duties; assessments
10 §8003-E. Citations and fines
10 §8003-F. Disposition of fees
10 §8003-G. Duty to require certain information from applicants and licensees
10 §8003-H. Licensure by endorsement
10 §8004-A. Legislative reports
10 §8005. Compliance with support orders; license qualifications and conditions
10 §8007. Board member candidate information
10 §8008. Purpose of occupational and professional regulatory boards