1. Authorization. The department is authorized to impose one or more of the following sanctions when a violation of this chapter, or rules enacted pursuant to this chapter, occurs and the department determines that a sanction is necessary and appropriate to ensure compliance with state licensing rules or to protect the public health.
A. The department may impose penalties for violations of this chapter, or the rules adopted pursuant to this chapter, on any eating establishment, lodging place, recreational camp, youth camp, public pool or public spa or campground. The penalties may not be greater than $100 for each violation. Each day that the violation remains uncorrected may be counted as a separate offense. Penalties may be imposed for each violation of the rules. [PL 2017, c. 322, §7 (AMD).]
B. The department may direct an eating establishment, lodging place, recreational camp, youth camp, public pool or public spa or campground to correct any violations in a manner and within a time frame that the department determines is appropriate to ensure compliance with state rules or to protect the public health. Failure to correct violations within the time frames constitutes a separate finable violation. [PL 2017, c. 322, §7 (AMD).]
C. The department may impose penalties up to $5,000 on any person, corporation, firm or copartnership that operates any eating establishment, lodging place, recreational camp, youth camp, public pool or public spa or campground without an active, valid license, as determined by the department. Each day any such person, corporation, firm or copartnership operates without an active, valid license constitutes a separate offense. [PL 2021, c. 125, §14 (AMD).]
D. In the event of any violation of this section or any rule pursuant to this chapter, the Attorney General may seek to enjoin a further violation, in addition to any other remedy. [PL 1991, c. 528, Pt. J, §5 (NEW); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. J, §5 (NEW).]
E. A person, corporation, firm or copartnership that fails to pay a penalty imposed pursuant to this chapter:

(1) May be referred to the Attorney General for appropriate enforcement action; and
(2) In addition to all fines and penalties imposed pursuant to this chapter, is liable for any interest, costs and fees incurred by the department, including attorney’s fees. [PL 2013, c. 264, §6 (NEW).]

[PL 2021, c. 125, §14 (AMD).]

Terms Used In Maine Revised Statutes Title 22 Sec. 2498

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Campground: includes , but is not limited to, sites intended for recreational purposes rather than permanent residency. See Maine Revised Statutes Title 22 Sec. 2491
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 2491
  • Eating establishment: includes places in the entertainment, hospitality, recreation, restaurant and tourism industries; catering establishments; correctional facilities; hospital cafeterias; mobile eating places; public and private schools; retail frozen dairy product establishments; and workplace eating establishments and places where food is prepared for vending machines dispensing food other than in original sealed packages. See Maine Revised Statutes Title 22 Sec. 2491
  • Lodging place: includes accommodations in the entertainment, hospitality, recreation and tourism industries, including, but not limited to, hotels, motels, bed and breakfasts, inns and properties under common management at the same location where 4 or more rooms, cottages or condominium units are available. See Maine Revised Statutes Title 22 Sec. 2491
  • Public pool: includes a pool on the premises of a child care facility that is licensed or required to be licensed under section 8301?A. See Maine Revised Statutes Title 22 Sec. 2491
  • Public spa: means any constructed spa other than a residential spa or medical facility spa. See Maine Revised Statutes Title 22 Sec. 2491
  • Youth camp: includes day camps, residential camps and trip and travel camps. See Maine Revised Statutes Title 22 Sec. 2491
2. Schedule of penalties. The department shall establish a schedule of penalties according to the nature and duration of the violation.

[PL 1991, c. 528, Pt. J, §5 (NEW); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. J, §5 (NEW).]

3. Enforcement and appeal. Enforcement and appeal of this section is as follows.
A. The department may impose any fine in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV, providing the licensee the opportunity for an administrative hearing. [PL 1991, c. 528, Pt. J, §5 (NEW); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. J, §5 (NEW).]
B. Licensees that are fined pursuant to this chapter are required to pay the department the amount of the penalties. If a licensee has not paid any collectible fines by the time of its license renewal, the department may collect such fines by requiring their payment prior to the processing of any license renewal application. An appeal of the department’s decision to fine a licensee stays the collection of any fine. Interest must accrue on fines at a rate described in Title 14, section 1602?B prior to the completion of any appeal. After the completion of any appeal process or after any appeal period has passed, interest must accrue pursuant to Title 14, section 1602?C. [PL 2003, c. 460, §11 (AMD).]

[PL 2003, c. 460, §11 (AMD).]

SECTION HISTORY

PL 1975, c. 496, §3 (NEW). PL 1983, c. 553, §22 (AMD). PL 1991, c. 528, §J5 (RPR). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 591, §J5 (RPR). PL 2003, c. 460, §11 (AMD). PL 2003, c. 673, §X3 (AMD). RR 2005, c. 2, §17 (COR). PL 2005, c. 481, §1 (AMD). PL 2009, c. 211, Pt. A, §§10-12 (AMD). PL 2011, c. 193, Pt. B, §§4-6 (AMD). PL 2013, c. 264, §6 (AMD). PL 2017, c. 322, §7 (AMD). PL 2021, c. 125, §14 (AMD).
  Previous section
Next section  
 Chapter 562 Contents