Maine Revised Statutes Title 7 Sec. 13 – Enforcement
Current as of: 2023 | Check for updates
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Terms Used In Maine Revised Statutes Title 7 Sec. 13
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Venue: The geographical location in which a case is tried.
The commissioner shall diligently enforce all provisions of this Title and all other statutes delegating responsibility to the commissioner or the department and is entitled to and must receive the assistance of the Attorney General and of the several county attorneys. The commissioner may recover the penalties imposed for violations of this Title and Title 32, chapter 27 in a civil action brought in the commissioner’s own name, the venue to be as in other civil actions, and if the commissioner prevails in any such action, recovers full costs, or the commissioner may prosecute for violations hereof by complaint or indictment, and such prosecution must be commenced in the county in which the offense was committed. [RR 2021, c. 1, Pt. B, §57 (COR).]
For the purposes of chapter 103, subchapter 10, notwithstanding the provisions of the District Court Civil Rules, Rule 80E, paragraph (b), the commissioner may obtain an administrative inspection warrant upon demonstrating the statutory or other authority pursuant to which the commissioner is authorized to conduct inspections, the premises to be inspected, the purpose of the inspection and that the inspection sought is reasonable and represents a minimal intrusion in furtherance of a legitimate governmental obligation of the department. This demonstration is deemed to be a demonstration of probable cause. [RR 2021, c. 1, Pt. B, §57 (COR).]
SECTION HISTORY
PL 1973, c. 598, §4 (AMD). PL 1981, c. 513, §1 (AMD). PL 1983, c. 308, §§4,14 (AMD). RR 2021, c. 1, Pt. B, §57 (COR).