09- 137 C.M.R. ch. 15, § 13 - Penalties

A.To the extent allowable under Maine law in accordance with its authorization to enter into the compact, the commissioner shall suspend a Maine hunting, fishing, or trapping license and privileges to obtain such licenses of a person convicted of a wildlife violation in a state party to the compact, provided that the wildlife violation would have been the basis for suspension of license privileges in Maine.

B.No person whose license, privilege, or right to hunt, fish, trap, possess, or transport wildlife, having been suspended or revoked pursuant to this rule, shall be permitted to obtain a license to hunt, fish, or trap in Maine.

C.A person shall be subject to the financial penalties as set forth within chapter 913 of Title 12 if he or she:

1. Hunts, fishes, traps, possesses, or transports wildlife in Maine in violation of a suspension or revocation of a license under chapter 913 of Title 12; or

2. Purchases or possesses a license to hunt, fish, trap, possess, or transport wildlife in Maine in violation of a suspension of revocation of a license under chapter 913 of Title 12.

D.

1. Prior to suspending a Maine hunting, fishing, or trapping license of a resident of this state under §15.13(A) of this subchapter, the commissioner shall notify the person in writing. A suspension shall be deemed effective:

a. When given if notice is made in person; or

b. Three days after the deposit of notice in the United States mails, if notice is made in writing.

2. A person receiving notice under §15.13(A) may, within 20 days of the date notice is given; request a hearing before the commissioner on whether the requirements for suspension or penalty have been met. The requesting person may present evidence and arguments at the hearing only regarding whether:

a. A participating state suspended the person's privileges;

b. There was a conviction in the participating state;

c. The person failed to comply with the terms of a citation issued for a wildlife violation in a participating state; or

d. A conviction in a participating state could have led to a license suspension or penalty in Maine.

3. At the hearing, the commissioner or a hearing officer designated by the commissioner may:

a. Administer oaths;

b. Issue subpoenas for the attendance of witnesses; and

c. Admit all relevant evidence and documents, including notifications from participating states.

4. Following a hearing under this subsection, the commissioner or a designated hearing officer may, based on the evidence, affirm, modify, or rescind the suspension of a license.

Notes

09- 137 C.M.R. ch. 15, § 13