Maine Revised Statutes Title 32 Sec. 14512 – Penalties
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The penalties in this section are in addition to penalties provided for specific violations within this subchapter. [PL 2003, c. 452, Pt. R, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
1. Criminal penalty.
[PL 2003, c. 452, Pt. R, §13 (RP); PL 2003, c. 452, Pt. X, §2 (AFF).]
Terms Used In Maine Revised Statutes Title 32 Sec. 14512
- Consumer: means any person who purchases or contracts for the purchase of home repair services. See Maine Revised Statutes Title 32 Sec. 14501
- Department: means the Department of Professional and Financial Regulation, Office of Professional and Occupational Regulation. See Maine Revised Statutes Title 32 Sec. 14501
- Employee: means any independent contractor, agent or person working for a salary or a commission who is affiliated with a home repair seller. See Maine Revised Statutes Title 32 Sec. 14501
- Home repair services: includes , but is not limited to, the construction, installation, replacement, improvement or cleaning of driveways, swimming pools, porches, kitchens, chimneys, chimney liners, garages, fences, fall-out shelters, central air conditioning, central heating, boilers, furnaces, hot water heaters, electric wiring, sewers, plumbing fixtures, storm doors, storm windows, siding or awnings or other improvements to structures within the residence or upon the land adjacent to the residence, including tree trimming. See Maine Revised Statutes Title 32 Sec. 14501
- seller: means a home repair seller who engages in the business of door-to-door solicitations or sales of home repair services who does not have, at the time of the solicitation or contract, a permanent place of business in the municipality in which the door-to-door solicitation or sale occurs. See Maine Revised Statutes Title 32 Sec. 14501
2. Civil penalty. The following penalties apply to violations of this subchapter.
A. A transient seller of home repair services or the seller’s employee who violates this subchapter commits a civil violation for which a fine of up to $2,000 may be adjudged. This penalty may be assessed against each seller and each employee. [PL 2003, c. 452, Pt. R, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. A transient seller of home repair services or the seller’s employee who violates this subchapter after having previously violated this subchapter 2 or more times commits a civil violation for which a fine of not more than $5,000 may be adjudged. [PL 2003, c. 452, Pt. R, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
C. A transient seller of home repair services or the seller’s employee who violates this subchapter in a way that injures a consumer who is more than 60 years of age commits a civil violation for which a fine of up to $5,000 may be adjudged. [PL 2003, c. 452, Pt. R, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
This subsection is enforceable by either the Department of the Attorney General or a district attorney.
[PL 2003, c. 452, Pt. R, §13 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]
3. Unfair trade practice. A transient seller of home repair services who fails to obtain a license in violation of this subchapter commits an unfair trade practice in violation of Title 5, section 207.
[PL 2007, c. 402, Pt. KK, §8 (AMD).]
4. Revocation. In any action under this section the court may also revoke the seller’s license to engage in the door-to-door sale of home repair services.
[PL 2007, c. 402, Pt. KK, §9 (AMD).]
SECTION HISTORY
PL 1993, c. 444, §1 (NEW). PL 1995, c. 681, §5 (AMD). PL 2001, c. 324, §11 (AMD). PL 2003, c. 452, §R13 (AMD). PL 2003, c. 452, §X2 (AFF). PL 2007, c. 402, Pt. KK, §§8, 9 (AMD).