§6371. Administrative suspension
1. Suspension for refusal to allow inspection. Refusal to allow inspection or seizure under section 6306 is grounds for suspension of any licenses issued under marine resources laws. In order to suspend a license because of a refusal to allow inspection or seizure, the commissioner shall follow the procedures of section 6372.
[PL 2001, c. 421, Pt. B, §16 (AMD); PL 2001, c. 421, Pt. C, §1 (AFF).]
2. Suspension for refusal to allow a shellfish inspection by a department shellfish inspector. Refusal to allow a shellfish inspection under section 6856 is grounds for suspension of any licenses or certificates issued under marine resources laws. In order to suspend a license or certificate under this subsection, the commissioner shall follow the procedures of section 6372.
[PL 2011, c. 598, §18 (AMD).]
3. Suspension for violations. Except as provided in subsections 1 and 2, the commissioner may suspend any licenses or certificates issued under this Part on the following grounds:
A. Violation of any section of marine resources laws or rules adopted under this Part; [PL 2017, c. 197, §2 (NEW).]
B. The commission of conduct as provided in subsection 4; or [PL 2017, c. 197, §2 (NEW).]
C. Setting fire to, sinking or damaging a vessel used to carry out the activities authorized under a lobster and crab fishing license to such an extent that the vessel cannot be used to carry out those activities by the person who has that vessel named on the person's lobster and crab fishing license. [PL 2017, c. 197, §2 (NEW).]
[PL 2017, c. 197, §2 (RPR).]
4. Suspensions for certain violations of Title 17-A. Conduct that would constitute a violation of any of the following provisions is grounds for suspension under section 6374 of any licenses or certificates issued under this Part:
A. Title 17‑A, section 353, when the offense is directly related to an activity for which a lobster and crab fishing license is required; [PL 2017, c. 197, §3 (NEW).]
B. Title 17‑A, section 359, when the offense is directly related to an activity for which a lobster and crab fishing license is required; [PL 2017, c. 197, §3 (NEW).]
C. Title 17‑A, section 751, when the offense is committed against a marine patrol officer while that officer is engaged in the performance of official duty; [PL 2017, c. 197, §3 (NEW).]
D. Title 17‑A, section 752‑A, when the offense is committed against a marine patrol officer while that officer is engaged in the performance of official duty; [PL 2017, c. 197, §3 (NEW).]
E. Title 17‑A, section 753, when the offense is directly related to an investigation by the Bureau of Marine Patrol; [PL 2017, c. 197, §3 (NEW).]
F. Title 17‑A, section 754, when the offense is directly related to an investigation by the Bureau of Marine Patrol; [PL 2017, c. 197, §3 (NEW).]
G. Title 17‑A, section 802, when the offense is directly related to an activity for which a lobster and crab fishing license is required; [PL 2017, c. 197, §3 (NEW).]
H. Title 17‑A, section 805, when the offense is directly related to an activity for which a lobster and crab fishing license is required; or [PL 2017, c. 197, §3 (NEW).]
I. Title 17‑A, section 207, 209, 210, 210‑A or 211, when the offense is committed against a marine patrol officer or a family member of a marine patrol officer as a result of the marine patrol officer performing what the license holder knows or has reason to know are the marine patrol officer's official duties. As used in this paragraph, "family member" means a spouse, sibling, child's spouse, parent by blood, parent by adoption, spouse's parent, child by blood, child by adoption, stepchild, stepparent, grandchild or grandparent. [RR 2021, c. 2, Pt. B, §49 (COR).]
[RR 2021, c. 2, Pt. B, §49 (COR).]
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 1999, c. 547, §B29 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2001, c. 421, §B16 (AMD). PL 2001, c. 421, §C1 (AFF). PL 2009, c. 561, §12 (AMD). PL 2011, c. 311, §1 (AMD). PL 2011, c. 598, §18 (AMD). PL 2017, c. 197, §§2, 3 (AMD). RR 2017, c. 1, §5 (COR). RR 2021, c. 2, Pt. B, §49 (COR).
Structure Maine Revised Statutes
Chapter 617: LICENSE SUSPENSION
Subchapter 1: SUSPENSION PROCEEDINGS
Article 2: SUSPENSION WITHOUT CONVICTION
12 §6371. Administrative suspension
12 §6372. Procedure for suspending on refusal to allow inspection
12 §6373. Procedure for suspending for violation of a shellfish provision (REPEALED)
12 §6374. Procedure for suspending without criminal conviction or civil adjudication