Maine Revised Statutes Title 32 Sec. 11051-B – Administrative enforcement orders
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1. Cease and desist. After notice and hearing, the administrator may order a person to cease and desist from engaging in violations of this chapter or a lawful rule adopted or order issued by the administrator and may further order that the person take appropriate corrective action to reimburse consumers in cases in which consumers have been charged amounts in excess of those permitted by this chapter. Notice and hearing need not be provided prior to issuance of an order to cease and desist when, in the opinion of the administrator, immediate action is required to protect the public interest and:
B. The debt collector does not maintain a permanent place of business in this State. [PL 2021, c. 245, Pt. A, §12 (NEW).]
A respondent aggrieved by an order of the administrator may obtain judicial review of the order in the Superior Court. The proceeding for review is initiated and conducted in accordance with Title 5, chapter 375, subchapter 7.
[PL 2021, c. 245, Pt. A, §12 (NEW).]
Terms Used In Maine Revised Statutes Title 32 Sec. 11051-B
- Administrator: means the Superintendent of Consumer Credit Protection. See Maine Revised Statutes Title 32 Sec. 11002
- Debt: includes any obligation or alleged obligation for payment of child support owed to, or owed by, a resident of this State and any obligation or alleged obligation relating to a check returned because of insufficient funds if a consumer is subject to an enforcement program operated by a private entity. See Maine Revised Statutes Title 32 Sec. 11002
- Debt collector: includes persons who furnish collection systems carrying a name that simulates the name of a debt collector and who supply forms or form letters to be used by the creditor even though the forms direct the debtor to make payments directly to the creditor. See Maine Revised Statutes Title 32 Sec. 11002
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means any natural person, corporation, trust, partnership, incorporated or unincorporated association and any other legal entity. See Maine Revised Statutes Title 32 Sec. 11002
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
2. Objection not urged; remand. An objection not urged at the hearing under subsection 1 may not be considered by the court unless the failure to urge the objection is excused for good cause shown. A party may move the court to remand the case to the administrator in the interest of justice for the purpose of adducing additional specified and material evidence and seeking findings thereon upon good cause shown for the failure to adduce this evidence before the administrator.
[PL 2021, c. 245, Pt. A, §12 (NEW).]
3. Testimony available to parties. The administrator’s copy of the testimony at the hearing under subsection 1 must be available at reasonable times to all parties for examination without cost.
[PL 2021, c. 245, Pt. A, §12 (NEW).]
4. Obtain decree. If no proceeding is initiated under subsection 1, the administrator, through the Attorney General, may obtain a decree of the Superior Court for enforcement of its order upon showing that the order was issued in compliance with this section, that no proceeding for review was timely initiated and that the respondent is subject to the jurisdiction of the court. The decree of the Superior Court may also provide any relief available in an action brought under Title 9?A, section 6?110.
[PL 2021, c. 245, Pt. A, §12 (NEW).]
5. Unconscionable agreements; fraudulent, unconscionable conduct. With respect to unconscionable agreements or fraudulent or unconscionable conduct by the respondent, the administrator may not issue an order pursuant to this section, but, through the Attorney General, may bring a civil action for an injunction.
[PL 2021, c. 245, Pt. A, §12 (NEW).]
SECTION HISTORY
PL 2021, c. 245, Pt. A, §12 (NEW).