32 §8114. Unlawful acts - Maine Statutes

Title 32: PROFESSIONS AND OCCUPATIONS

Chapter 89: PRIVATE INVESTIGATORS

§8114. Unlawful acts

1. Acting without license; false representation. It is a Class D crime for any person knowingly to commit any of the following acts:

A. Subject to section 8104, to act as a private investigator without a valid license; [1981, c. 126, §2 (NEW).]

B. To falsely represent that he is the holder of a valid license; [1981, c. 126, §2 (NEW).]

C. To falsely represent that any person in his employ is a private investigator or investigative assistant; or [1981, c. 126, §2 (NEW).]

D. To make any false statements or material omission in any application filed with the commissioner. [1981, c. 126, §2 (NEW).]

[ 1981, c. 126, §2 (NEW) .]

2. Representation as peace officer; employment of felon; failure to surrender license. It is a Class D crime for a licensed private investigator or investigative assistant knowingly to commit any of the following acts:

A. To make any representation, including, but not limited to, presentation of a badge, that suggests, or that would reasonably cause another person to believe, that the licensed private investigator or investigative assistant is a sworn peace officer of this State, any political subdivision thereof, or any other state or of the Federal Government; [RR 2003, c. 2, §98 (COR).]

B. To employ, in connection with a private investigator business, in any capacity, any person who has been convicted of a felony or any former licensee whose license has been revoked; or [1981, c. 126, §2 (NEW).]

C. To fail or refuse to surrender his license to the commissioner following revocation or suspension. [1981, c. 126, §2 (NEW).]

[ RR 2003, c. 2, §98 (COR) .]

3. Employing unlicensed individual. It is a Class D crime for a licensed private investigator knowingly to employ or engage any other person to act as a private investigator unless the person so employed or engaged is licensed as a private investigator or investigative assistant.

[ 1981, c. 126, §2 (NEW) .]

4. Failure of assistant to return equipment. It is a Class D crime for a licensed investigative assistant knowingly to fail to return immediately on demand, or within 7 days of termination of his employment, any item of equipment issued to him by his employer.

[ 1981, c. 126, §2 (NEW) .]

5. Other unlawful acts. It is a Class D crime for a person licensed under this chapter or any person employed by him knowingly to commit any of the following acts:

A. To incite, encourage or aid any person who has become a party to any strike to commit any unlawful act against any person or property; [1981, c. 126, §2 (NEW).]

B. To incite, stir up, create or aid in the inciting of discontent or dissatisfaction among the employees of any person with the intention of having them strike; [1981, c. 126, §2 (NEW).]

C. To interfere with or prevent lawful and peaceful picketing during strikes; [1981, c. 126, §2 (NEW).]

D. To interfere with, restrain or coerce employees in the exercise of their right to form, join or assist any labor organization of their own choosing; [1981, c. 126, §2 (NEW).]

E. To interfere with or hinder lawful or peaceful collective bargaining between employers and employees; [1981, c. 126, §2 (NEW).]

F. To pay, offer to give any money, gratuity, consideration or other thing of value, directly or indirectly, to any person for any verbal or written report of the lawful activities of employees in the exercise of their right to organize, form or assist any labor organization and to bargain collectively through representatives of their own choosing; [1981, c. 126, §2 (NEW).]

G. To advertise for, recruit, furnish or replace or offer to furnish or replace for hire or reward, within or outside the State, any skilled or unskilled help or labor, armed guards, other than armed guards employed for the protection of payrolls, property or premises, for service upon property which is being operated in anticipation of or during the course of a strike; [1981, c. 126, §2 (NEW).]

H. To furnish armed guards upon the highways for persons involved in labor disputes; [1981, c. 126, §2 (NEW).]

I. To furnish or offer to furnish to employers or their agents any arms, munitions, tear gas implements or any other weapons; [1981, c. 126, §2 (NEW).]

J. To send letters of literature to employers offering to eliminate labor unions; or [1981, c. 126, §2 (NEW).]

K. To advise any person of the membership of an individual in a labor organization for the purpose of preventing that individual from obtaining or retaining employment. [1981, c. 126, §2 (NEW).]

[ 1981, c. 126, §2 (NEW) .]

SECTION HISTORY

1981, c. 126, §2 (NEW). RR 2003, c. 2, §98 (COR). 2003, c. 620, §3 (AMD).