Maine Revised Statutes Title 32 Sec. 4327 – Penalties
Current as of: 2023 | Check for updates
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1. Administrative penalty. A person who fails to be licensed as provided by section 4324, violates the sterilization, sanitation or safety standards adopted by the department under section 4326 or performs body piercing on a minor without parental consent under section 4323 is subject to an administrative penalty, imposed by the department, of not less than $500 nor more than $1,000 for each violation. Each day the violation remains uncorrected may be counted as a separate offense.
[PL 2023, c. 113, §9 (AMD).]
Terms Used In Maine Revised Statutes Title 32 Sec. 4327
- Body piercing: means the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration. See Maine Revised Statutes Title 32 Sec. 4321
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 32 Sec. 4321
- Minor: means an individual under 18 years of age who is not emancipated as defined by Title 15, section 3003, subsection 6. See Maine Revised Statutes Title 32 Sec. 4321
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
2. Enforcement. A person who fails to pay a penalty imposed pursuant to this chapter:
A. May be referred to the Attorney General for appropriate enforcement action; and [PL 2013, c. 264, §17 (NEW).]
B. In addition to all fines and penalties imposed pursuant to this chapter, is liable for any interest, costs and fees incurred by the department, including attorney’s fees. [PL 2013, c. 264, §17 (NEW).]
[PL 2013, c. 264, §17 (NEW).]
3. Grounds for refusal, suspension or revocation. The department may revoke, suspend or refuse to issue or renew a license under this chapter or place a licensee on probation if:
A. The applicant or licensee has been convicted of a crime related to the practice of body piercing; [PL 2021, c. 125, §38 (NEW).]
B. The applicant or licensee has engaged in any deception or misrepresentation to the department or the public in applying for a license or license renewal under this chapter or in the advertising or practice of body piercing; [PL 2021, c. 125, §38 (NEW).]
C. The applicant or licensee has demonstrated negligence or incompetence or has endangered the public in the practice of body piercing; or [PL 2021, c. 125, §38 (NEW).]
D. The applicant or licensee has violated a rule adopted by the department under this chapter. [PL 2021, c. 125, §38 (NEW).]
[PL 2021, c. 125, §38 (NEW).]
4. Schedule of penalties. The department shall adopt major substantive rules in accordance with Title 5, chapter 375, subchapter 2?A establishing a schedule of penalties according to the nature and duration of the violation of this section.
[PL 2023, c. 113, §10 (NEW).]
SECTION HISTORY
PL 1997, c. 206, §1 (NEW). PL 2013, c. 264, §17 (RPR). PL 2021, c. 125, §38 (AMD). PL 2023, c. 113, §§9, 10 (AMD).