§457. Refusal, suspension, revocation of license








1. Acts enumerated. 
The commissioner or his duly authorized agent may refuse to grant a license, after
notice and opportunity for a hearing is provided in a manner consistent with the Maine
Administrative Procedure Act as to adjudicatory proceedings, upon a finding that any
of the following acts have occurred:





A. That fraudulent charges or returns have been made by the applicant or licensee for
the handling, sale or storage of licensed commodities or for the rendering of any
service in connection with the handling, sale or storage of licensed commodities; [1981, c. 139, (NEW).]










B. That the applicant or licensee has failed or refused to render a true account of
sales, or to make a settlement thereon, within the time and in the manner required
by this subchapter or has failed to or refused to pay for licensed commodities purchased
by the applicant or licensee within 30 days after acceptance of the licensed commodities; [1981, c. 139, (NEW).]










C. That the applicant or licensee has knowingly made any false material statement as
to the condition, quality or quantity of licensed commodities received, handled, sold,
purchased or stored by him; [1981, c. 139, (NEW).]










D. That the applicant or licensee has knowingly made any substantial misrepresentation
as to the condition of the market for licensed commodities; [1981, c. 139, (NEW).]










E. That the applicant or licensee has defrauded or attempted to defraud a producer; [1981, c. 139, (NEW).]










F. That the applicant or licensee to whom any consignment is made has reconsigned the
consignment to another dealer, processor, broker or agent and has received, collected
or charged by such means more than one commission for making the sale for the consignor
without previously obtaining the written consent of the consignor; [1981, c. 139, (NEW).]










G. That the applicant or licensee knowingly made any false material statements in the
procurement of a license under this subchapter; [1981, c. 139, (NEW).]










H. That the applicant or licensee has not accounted promptly and properly to the producer
with regard to any claim settled or collected by him for the producer; [1981, c. 139, (NEW).]










I. That the applicant or licensee has failed or refused, upon demand, to permit the
commissioner or his agents to make the investigations, examinations or audits as provided
in this subchapter or that the applicant or licensee has removed or sequestered any
books, records or papers necessary to any such investigations, examinations or audits
or has otherwise obstructed the same; [1981, c. 139, (NEW).]










J. That the applicant or licensee has failed or refused to keep and maintain the records
as required by this subchapter; or [1981, c. 139, (NEW).]










K. That the applicant or licensee has committed any act or conduct with regard to the
handling, sale or storage of licensed commodities, whether of the same or different
character than specified in this subsection, which constitutes or demonstrates bad
faith, incompetency, untrustworthiness or dishonest, fraudulent or improper dealings. [1981, c. 139, (NEW).]







[
1981, c. 139, (NEW)
.]








2. District Court. 
The District Court may, in a manner consistent with the Maine Administrative Procedure
Act, suspend or revoke a license upon finding that the licensee has committed any
of the Acts enumerated in subsection 1.


Any order revoking or suspending a license may, within the discretion of the District
Court, be made conditional upon the settlement, adjustment or satisfaction of the
consequence of the violation or violations as specified and the operation of such
an order may be deferred for that purpose. Any order may contain provisions for its
modification or dismissal upon presentation to the District Court of evidence that
the matter of complaint has been settled, adjusted or withdrawn at any time before
the order becomes final.


[
1981, c. 139, (NEW);
1999, c. 547, Pt. B, §78 (AMD);
1999, c. 547, Pt. B, §80 (AFF)
.]








3. Notification of insufficient payment or nonpayment. 
Producers may notify the commissioner of insufficient payment or nonpayment for licensed
commodities delivered to any agent, broker, dealer or processor in violation of subsection
1, paragraph B. In addition to any other remedies available under this subchapter:






A. The commissioner or his agent, upon notification by a producer of insufficient payment
or nonpayment, shall immediately investigate the complaint and shall, in a manner
consistent with the provisions of the Maine Administrative Procedure Act, hold a hearing.
The person accused of nonpayment, the respondent, shall provide the commissioner with
a copy of the contract, if any, and all other materials and information necessary
to enable the commissioner to carry out this section. Upon finding that the respondent
has violated the contract or other obligation, express or implied, the commissioner
shall require the respondent to post a bond sufficient to cover the debt owed to the
producer or producers. Failure to post the bond shall be considered a violation of
this subchapter and each day failure continues shall be considered a separate violation; [1981, c. 139, (NEW).]










B. The commissioner may require the licensee, accused of or found after a hearing to
be in default of payment to a producer, to submit a payment schedule to the commissioner.
In the event that the schedule of payment proposed is not satisfactory to the commissioner,
he may establish the schedule of payment; and [1981, c. 139, (NEW).]










C. The commissioner may file a complaint with the District Court to compel the posting
of a bond required under paragraph A and to suspend the license of any licensee who
fails to conform to the payment schedule established in this subsection until the
producer is paid the total claim to which the producer is entitled. Upon the filing
of a complaint by the commissioner in the District Court, the licensee shall post
a bond sufficient to cover the total claim on the date on which the complaint is filed.
The bond required in a court proceeding may be waived by the District Court in the
event that the bond required in paragraph A is valid and sufficient to cover the total
claimed. Nothing in this subsection may be construed to prohibit a producer from seeking
redress for insufficient payment or nonpayment from licensees in any court or in accordance
with any other state and federal procedure established to obtain redress. [1981, c. 139, (NEW); 1999, c. 547, Pt. B, §78 (AMD); 1999, c. 547, Pt. B, §80 (AFF).]









[
1981, c. 139, (NEW);
1999, c. 547, Pt. B, §78 (AMD);
1999, c. 547, Pt. B, §80 (AFF)
.]





SECTION HISTORY

1981, c. 139, (NEW).
1999, c. 547, §B78 (AMD).
1999, c. 547, §B80 (AFF).