32 §8113. Refusal; suspension; revocation; grounds - Maine Statutes

Title 32: PROFESSIONS AND OCCUPATIONS

Chapter 89: PRIVATE INVESTIGATORS

§8113. Refusal; suspension; revocation; grounds

The commissioner may, after notice of an opportunity for hearing in conformance with the provisions of the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV, refuse to issue or renew a license. The District Court may suspend or revoke the license of any person licensed under this chapter. The following are grounds for an action to refuse to issue, suspend, revoke or refuse to renew the license of a person licensed under this chapter: [2001, c. 298, §4 (AMD).]

1. Fraud or deceit. The practice of fraud or deceit in obtaining a license under this chapter or in connection with service rendered within the scope of the license issued;

[ 1985, c. 207, §2 (RPR) .]

2. Conviction of certain crimes. Conviction of a crime which involves dishonesty or false statement or which relates directly to the practice for which the licensee is licensed or which is enumerated in this chapter, or conviction of any crime for which incarceration for one year or more may be imposed;

[ 1985, c. 207, §2 (RPR) .]

3. Violation of chapter or rule. Any violation of this chapter or any rule adopted by the commissioner;

[ 1985, c. 207, §2 (RPR) .]

4. Aiding or abetting unlicensed practice of private investigation. Aiding or abetting the practice of private investigation by a person not duly licensed under this chapter and who represents himself to be duly licensed;

[ 1985, c. 207, §2 (RPR) .]

5. Failure to maintain bond. Failure to maintain a bond as required by section 8111;

[ 1985, c. 207, §2 (RPR) .]

6. Incompetence. Incompetence in the practice for which he is licensed. A licensee shall be deemed incompetent in the practice if the licensee has:

A. Engaged in conduct which evidences a lack of ability or fitness to discharge the duty owed by the licensee to a client or the general public; or [1985, c. 207, §2 (RPR).]

B. Engaged in conduct which evidences a lack of knowledge, or inability to apply principles or skills to carry out the practice for which he is licensed; [1985, c. 207, §2 (RPR).]

[ 1985, c. 207, §2 (RPR) .]

7. Employment of prohibited person. Employment, in connection with a private investigation business, in any capacity, of any person who has been convicted of a crime punishable by imprisonment for one year or more or any former licensee whose license has been revoked; or

[ 2001, c. 298, §5 (AMD) .]

8. Representations that licensee is sworn peace officer. Representation by the licensee which suggests, or which would reasonably cause another person to believe, that he is a sworn peace officer of this State, any political subdivision of this State, any other state or of the Federal Government.

[ 1985, c. 207, §2 (RPR) .]

SECTION HISTORY

1981, c. 126, §2 (NEW). 1981, c. 698, §164 (AMD). 1985, c. 207, §2 (RPR). 1999, c. 547, §B78 (AMD). 1999, c. 547, §B80 (AFF). 2001, c. 298, §§4,5 (AMD).