Chapter 502-A: ENFORCEMENT OF FINES OWED TO THE STATE HEADING: PL 1987, C. 414, §2 (NEW)
§3142. Contempt hearing and punishment
1. Punishment. Unless the defendant shows that failure to pay a fine was not attributable to a willful refusal to obey the order or to a failure on the defendant's part to make a good faith effort to obtain the funds required for the payment, the court may find the defendant in civil contempt and may impose punishment, as the case requires, of:
A. A reasonable fine not to exceed $500; or [2003, c. 193, §3 (AMD).]
B. [2003, c. 193, §3 (RP).]
C. The suspension of any license, certification, registration, permit, approval or other similar document evidencing the granting of authority to hunt, fish or trap or to engage in a profession, occupation, business or industry, not including a registration, permit, approval or similar document evidencing the granting of authority to engage in the business of banking pursuant to Title 9-B. Licenses and registration subject to suspension include, but are not limited to:
(1) Licenses issued by the Commissioner of Marine Resources, as provided in Title 12, section 6409;
(2) Licenses issued by the Commissioner of Inland Fisheries and Wildlife, as provided in Title 12, section 10902, subsection 3;
(3) Watercraft, snowmobile and all-terrain vehicle registrations, as provided in Title 12, section 10902, subsection 3; and
(4) Motor vehicle licenses or permits issued by the Secretary of State, the right to operate a motor vehicle in this State and the right to apply for or obtain a license or permit, as provided in Title 29-A, section 2605. [2003, c. 414, Pt. B, §26 (AMD); 2003, c. 614, §9 (AFF); 2005, c. 397, Pt. A, §§51, 52 (AFF).]
[ 2003, c. 193, §3 (AMD); 2003, c. 414, Pt. B, §26 (AMD); 2003, c. 614, §9 (AFF); 2005, c. 397, Pt. A, §§51, 52 (AFF) .]
2. Notification of issuing entity and person. Upon suspension of the person's license, certification, registration, permit, approval or other similar document evidencing the granting of authority to hunt, fish or trap or to engage in a profession, occupation, business or industry, the court shall notify the person and the issuing agency that the court has ordered the suspension. The issuing agency shall immediately record the suspension except that, in the case of a suspension of a driver's license or right to operate a motor vehicle, if the suspension results from the nonpayment of a fine that is not related to the operation of a motor vehicle, the suspension may not take effect until 60 days after the mailing of the notice. The court shall immediately notify that person by regular mail or personal service. Written notice is sufficient if sent to the person's last known address.
[ 2005, c. 325, §1 (AMD) .]
3. Purge of contempt. The court shall provide an opportunity for the defendant to purge the contempt by complying with the court's order to pay or to an amended order to pay. The provisions of the Maine Rules of Civil Procedure, Rule 66 and the Maine Rules of Criminal Procedure, Rule 42 do not apply to proceedings initiated under this section.
[ 2003, c. 193, §3 (AMD) .]
SECTION HISTORY
1987, c. 414, §2 (NEW). 1987, c. 708, §13 (AMD). 1999, c. 743, §4 (RPR). 2001, c. 471, §A20 (AMD). 2003, c. 193, §3 (AMD). 2003, c. 414, §B26 (AMD). 2003, c. 414, §D7 (AFF). 2003, c. 614, §9 (AFF). 2005, c. 325, §1 (AMD). 2005, c. 397, §§A51,52 (AFF).
Chapter 502-A: ENFORCEMENT OF FINES OWED TO THE STATE HEADING: PL 1987, C. 414, §2 (NEW)
§3142. Contempt hearing and punishment
1. Punishment. Unless the defendant shows that failure to pay a fine was not attributable to a willful refusal to obey the order or to a failure on the defendant's part to make a good faith effort to obtain the funds required for the payment, the court may find the defendant in civil contempt and may impose punishment, as the case requires, of:
A. A reasonable fine not to exceed $500; or [2003, c. 193, §3 (AMD).]
B. [2003, c. 193, §3 (RP).]
C. The suspension of any license, certification, registration, permit, approval or other similar document evidencing the granting of authority to hunt, fish or trap or to engage in a profession, occupation, business or industry, not including a registration, permit, approval or similar document evidencing the granting of authority to engage in the business of banking pursuant to Title 9-B. Licenses and registration subject to suspension include, but are not limited to:
(1) Licenses issued by the Commissioner of Marine Resources, as provided in Title 12, section 6409;
(2) Licenses issued by the Commissioner of Inland Fisheries and Wildlife, as provided in Title 12, section 10902, subsection 3;
(3) Watercraft, snowmobile and all-terrain vehicle registrations, as provided in Title 12, section 10902, subsection 3; and
(4) Motor vehicle licenses or permits issued by the Secretary of State, the right to operate a motor vehicle in this State and the right to apply for or obtain a license or permit, as provided in Title 29-A, section 2605. [2003, c. 414, Pt. B, §26 (AMD); 2003, c. 614, §9 (AFF); 2005, c. 397, Pt. A, §§51, 52 (AFF).]
[ 2003, c. 193, §3 (AMD); 2003, c. 414, Pt. B, §26 (AMD); 2003, c. 614, §9 (AFF); 2005, c. 397, Pt. A, §§51, 52 (AFF) .]
2. Notification of issuing entity and person. Upon suspension of the person's license, certification, registration, permit, approval or other similar document evidencing the granting of authority to hunt, fish or trap or to engage in a profession, occupation, business or industry, the court shall notify the person and the issuing agency that the court has ordered the suspension. The issuing agency shall immediately record the suspension except that, in the case of a suspension of a driver's license or right to operate a motor vehicle, if the suspension results from the nonpayment of a fine that is not related to the operation of a motor vehicle, the suspension may not take effect until 60 days after the mailing of the notice. The court shall immediately notify that person by regular mail or personal service. Written notice is sufficient if sent to the person's last known address.
[ 2005, c. 325, §1 (AMD) .]
3. Purge of contempt. The court shall provide an opportunity for the defendant to purge the contempt by complying with the court's order to pay or to an amended order to pay. The provisions of the Maine Rules of Civil Procedure, Rule 66 and the Maine Rules of Criminal Procedure, Rule 42 do not apply to proceedings initiated under this section.
[ 2003, c. 193, §3 (AMD) .]
SECTION HISTORY
1987, c. 414, §2 (NEW). 1987, c. 708, §13 (AMD). 1999, c. 743, §4 (RPR). 2001, c. 471, §A20 (AMD). 2003, c. 193, §3 (AMD). 2003, c. 414, §B26 (AMD). 2003, c. 414, §D7 (AFF). 2003, c. 614, §9 (AFF). 2005, c. 325, §1 (AMD). 2005, c. 397, §§A51,52 (AFF).
Chapter 502-A: ENFORCEMENT OF FINES OWED TO THE STATE HEADING: PL 1987, C. 414, §2 (NEW)
§3142. Contempt hearing and punishment
1. Punishment. Unless the defendant shows that failure to pay a fine was not attributable to a willful refusal to obey the order or to a failure on the defendant's part to make a good faith effort to obtain the funds required for the payment, the court may find the defendant in civil contempt and may impose punishment, as the case requires, of:
A. A reasonable fine not to exceed $500; or [2003, c. 193, §3 (AMD).]
B. [2003, c. 193, §3 (RP).]
C. The suspension of any license, certification, registration, permit, approval or other similar document evidencing the granting of authority to hunt, fish or trap or to engage in a profession, occupation, business or industry, not including a registration, permit, approval or similar document evidencing the granting of authority to engage in the business of banking pursuant to Title 9-B. Licenses and registration subject to suspension include, but are not limited to:
(1) Licenses issued by the Commissioner of Marine Resources, as provided in Title 12, section 6409;
(2) Licenses issued by the Commissioner of Inland Fisheries and Wildlife, as provided in Title 12, section 10902, subsection 3;
(3) Watercraft, snowmobile and all-terrain vehicle registrations, as provided in Title 12, section 10902, subsection 3; and
(4) Motor vehicle licenses or permits issued by the Secretary of State, the right to operate a motor vehicle in this State and the right to apply for or obtain a license or permit, as provided in Title 29-A, section 2605. [2003, c. 414, Pt. B, §26 (AMD); 2003, c. 614, §9 (AFF); 2005, c. 397, Pt. A, §§51, 52 (AFF).]
[ 2003, c. 193, §3 (AMD); 2003, c. 414, Pt. B, §26 (AMD); 2003, c. 614, §9 (AFF); 2005, c. 397, Pt. A, §§51, 52 (AFF) .]
2. Notification of issuing entity and person. Upon suspension of the person's license, certification, registration, permit, approval or other similar document evidencing the granting of authority to hunt, fish or trap or to engage in a profession, occupation, business or industry, the court shall notify the person and the issuing agency that the court has ordered the suspension. The issuing agency shall immediately record the suspension except that, in the case of a suspension of a driver's license or right to operate a motor vehicle, if the suspension results from the nonpayment of a fine that is not related to the operation of a motor vehicle, the suspension may not take effect until 60 days after the mailing of the notice. The court shall immediately notify that person by regular mail or personal service. Written notice is sufficient if sent to the person's last known address.
[ 2005, c. 325, §1 (AMD) .]
3. Purge of contempt. The court shall provide an opportunity for the defendant to purge the contempt by complying with the court's order to pay or to an amended order to pay. The provisions of the Maine Rules of Civil Procedure, Rule 66 and the Maine Rules of Criminal Procedure, Rule 42 do not apply to proceedings initiated under this section.
[ 2003, c. 193, §3 (AMD) .]
SECTION HISTORY
1987, c. 414, §2 (NEW). 1987, c. 708, §13 (AMD). 1999, c. 743, §4 (RPR). 2001, c. 471, §A20 (AMD). 2003, c. 193, §3 (AMD). 2003, c. 414, §B26 (AMD). 2003, c. 414, §D7 (AFF). 2003, c. 614, §9 (AFF). 2005, c. 325, §1 (AMD). 2005, c. 397, §§A51,52 (AFF).
