Maine Revised Statutes Title 3 Sec. 322 – Enforcement
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1. Filing of a complaint. Any person may file a complaint with the commission specifying any alleged violation of this chapter. The commission staff shall notify the party against whom the complaint has been filed and then may undertake the investigation of the alleged violation if directed by members of the commission.
[PL 2007, c. 630, §17 (AMD).]
Terms Used In Maine Revised Statutes Title 3 Sec. 322
- Commission: means the Commission on Governmental Ethics and Election Practices as defined in Title 1, chapter 25. See Maine Revised Statutes Title 3 Sec. 312-A
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Employer: means a person who agrees to reimburse for expenditures or to compensate a person who in return agrees to provide services. See Maine Revised Statutes Title 3 Sec. 312-A
- 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.
- Lobbyist: means any person who is specifically employed by another person for the purpose of and who engages in lobbying in excess of 8 hours in any calendar month, or any individual who, as a regular employee of another person, expends an amount of time in excess of 8 hours in any calendar month in lobbying. See Maine Revised Statutes Title 3 Sec. 312-A
- Person: means an individual, corporation, proprietorship, joint stock company, business trust, syndicate, association, professional association, labor union, firm, partnership, club or other organization, whether profit or nonprofit, or any municipality or quasi-municipality or group of persons acting in concert, but does not include this State or any other agency of this State. See Maine Revised Statutes Title 3 Sec. 312-A
- Subpoena: A command to a witness to appear and give testimony.
2. Attorney General. The Attorney General may enforce the provisions of this chapter upon request by the commission.
[PL 1993, c. 691, §26 (RPR).]
3. Use of subpoena. In the conduct of an investigation under section 321, subsection 8, the commission may subpoena witnesses and take evidence under oath. The commission may also subpoena records when a lobbyist, employer or other person refuses to provide relevant records requested by the commission in the course of investigating a violation of the registration, reporting or other requirements in this chapter. All subpoenas must be approved by the members of the commission and signed by the chair or the chair’s designee. Any record or information obtained by the commission in the course of an investigation that is covered by a privilege against discovery or use as evidence is not a public record unless the privilege is waived.
[PL 2007, c. 630, §17 (NEW).]
SECTION HISTORY
PL 1975, c. 576 (NEW). PL 1975, c. 621, §2 (RP). PL 1975, c. 724 (REEN). PL 1993, c. 446, §A18 (RPR). PL 1993, c. 446, §B16 (AMD). PL 1993, c. 691, §26 (RPR). PL 2007, c. 630, §17 (AMD).