Maine Revised Statutes

Me. Rev. Stat. tit. 1, § 410 (2026)

Violations

✓ current as of May 2026

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1. Civil violation. An officer or employee of a state government agency or local government entity who willfully violates this subchapter commits a civil violation.

[PL 2019, c. 247, §1 (NEW).]

2. Penalties. A state government agency or local government entity whose officer or employee commits a civil violation described in subsection 1 is subject to:

A. A fine of not more than $500 for a civil violation described in subsection 1; [PL 2019, c. 247, §1 (NEW).]

B. A fine of not more than $1,000 for a civil violation described in subsection 1 that was committed not more than 4 years after a previous adjudication of a civil violation described in subsection 1 by an officer or employee of the same state government agency or local government entity; or [PL 2019, c. 247, §1 (NEW).]

C. A fine of not more than $2,000 for a civil violation described in subsection 1 that was committed not more than 4 years after 2 or more previous adjudications of a civil violation described in subsection 1 by an officer or employee of the same state government agency or local government entity. [PL 2019, c. 247, §1 (NEW).]

[PL 2019, c. 247, §1 (NEW).]

SECTION HISTORY

PL 1975, c. 758 (NEW). PL 1987, c. 477, §6 (RPR). PL 2019, c. 247, §1 (RPR).

Notes of Decisions

Cited in 15 cases (1 in the last 5 years), 1988–2022 · leading case: Lewiston Daily Sun v. Sch. Admin. Dist. No. 43, 1999 ME 143 (Me. 1999).

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Lewiston Daily Sun v. Sch. Admin. Dist. No. 43, 1999 ME 143 (Me. 1999). · cites it 2× “Official actions determined to have been taken illegally in executive session may be declared "null and void.”

Underwood v. City of Presque Isle, 1998 ME 166 (Me. 1998). “For every willful violation of this subchapter, the state government agency or local government entity whose officer or employee committed the violation shall be liable for a civil violation for which a forfeiture of not more than $500 may be adjudged.”

Dist. Attorney v. City of Brewer, 543 A.2d 837 (Me. 1988). · cites it 3× “The issue of law claimed by plaintiff involves the construction of the freedom of access law, particularly 1 M.R.S.A. § 410 (1979), repealed by P.L.”

Campbell v. Town of MacHias, 661 A.2d 1133 (Me. 1995). “In making this request, counsel for Campbell evidently relied on 1 M.R.S.A. § 410, that provides: For every willful violation of this subchapter, the State government agency or local government entity whose officer or employee committed the violation shall be liable for a civil…”

Scola v. Town of Sanford, 1997 ME 119 (Me. 1997). “1 M.R.S.A. § 410 (1989) provides: "For every willful violation of this subchapter, the state government agency or local government enthy whose officer or employee committed the violation shall be liable for a civil violation for which a forfeiture of not more than $500 may be…”

Light v. Livermore, Town of (D. Me. 2022). · cites it 2× “The Defendants also contend that “the relief Plaintiff seeks in Count III is not available to him as a private individual” as only the Attorney General may enforce FOAA fines pursuant to 1 M.R.S. § 410. Id. at 17. 4. Count IV Finally, the Defendants contend that the Plaintiff’s…”

Gluic v. Sec'y of State (Me. Super. Ct 2013). · cites it 2× “) CMHC also asserts that the Bureau's protocol is in violation of FOAA. (Compl. ~so.) As a remedy, CMHC seeks an order of disclosure for the withheld 5 documents, see 1 M.”

Cent. Maine Healthcare Corp. v. Maine Bureau of Ins. (Me. Super. Ct 2014). · cites it 2× “The May 2S FOAA request specifically sought "[a]ll records in the possession of the Bureau relating to Anthem's application for certification of a Qualified Health Plan since April 1, 201.S." (R. 1.) The request plainly encompasses documents in the possession of the Bureau at…”

Ellis Constr., INC. v. Town of Famingdale (Me. Super. Ct 2018). “13 Title 1 M.R.S. §410 provides: For every willful violation of this subchapter, the state government agency or local government entity whose officer or employee committed the violation shall be liable for a civil violation for which a forfeiture of not more than $500 may be…”

Dubois v. Town of Arundel (Me. Super. Ct 2018). “1 M.R.S.A. § 410. However, only the Attorney General has authority to seek these penalties; plaintiffs are not entitled to them.”

Dubois v. Town of Arundel (Me. Super. Ct 2018). “The FOAA provides only limited relief for violations.”

Tempesta v. Town of Benton (Me. Super. Ct 2019). “It does not appear to the court that Tempesta is seeking to have the court issue an order directing the Town to make a written record, with findings of fact, in support of its decision not to reappoint him as its code enforcement officer, assuming 1 M.R.S. §407(2) applies in…”

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