32 §8113-A. Suspension for refusal - Maine Statutes

Title 32: PROFESSIONS AND OCCUPATIONS

Chapter 89: PRIVATE INVESTIGATORS

§8113-A. Suspension for refusal

1. Immediate suspension. If the commissioner has probable cause to believe that a person licensed pursuant to this chapter is required to submit to chemical testing for the presence of intoxicating liquor or drugs pursuant to Title 17-A, section 1057 or for conduct that occurs while the licensee is in possession of a loaded firearm and the licensee refuses to submit to the required testing, the commissioner shall immediately suspend the licensee's right to carry a concealed firearm.

[ 1989, c. 917, §17 (NEW) .]

2. Report to commissioner. The law enforcement officer who has probable cause to require chemical testing shall promptly notify the commissioner of the licensee's refusal and provide the commissioner with a report of the facts and circumstances of the requirement to submit to chemical testing and of the licensee's refusal.

[ 1989, c. 917, §17 (NEW) .]

3. Suspension in effect during pendancy. The suspension remains in effect until the entry of judgment if charges are filed of violating Title 17-A, section 1057 or of operating a motor vehicle, snowmobile, ATV or watercraft under the influence of intoxicating liquor or drugs, unless it is determined by the court in which the criminal charge or civil violation is pending, or by the Secretary of State if a hearing is held pursuant to Title 29-A, section 2483, that the law enforcement officer did not have probable cause to require the licensee to submit to chemical testing.

[ 1995, c. 65, Pt. A, §132 (AMD); 1995, c. 65, Pt. A, §153 (AFF); 1995, c. 65, Pt. C, §15 (AFF) .]

SECTION HISTORY

1989, c. 917, §17 (NEW). 1995, c. 65, §§A153,C15 (AFF). 1995, c. 65, §A132 (AMD).