Me. Rev. Stat. » Title 10
Maine Revised Statutes

Me. Rev. Stat. tit. 10, § 1171-B (2026)

Manufacturer; license

✓ current as of May 2026
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1.  License.  Effective January 1, 1999, the Secretary of State may grant a manufacturer license under the following conditions.  
A. Except as provided by this section, a person may not engage in business or serve in the capacity of or act as a manufacturer or distributor without obtaining a license for each line make maintained in the State as provided in this section.   [PL 2003, c. 434, §1 (AMD); PL 2003, c. 434, §37 (AFF).]
B. An application for a license for a manufacturer or distributor must be on a form prescribed by the Secretary of State. The applicant shall file a separate application for each separate line make. The application must contain the manufacturer or distributor's address of its principal place of business, the address where notices should be sent and the address of its registered agent in this State and must be accompanied by its annual report and a list of its franchised new motor vehicle dealers in this State.   [PL 2003, c. 434, §1 (AMD); PL 2003, c. 434, §37 (AFF).]
C. All licensees may apply for issuance of a license for each succeeding year by complying with the application process specified by this section and rules of the Secretary of State. A license or renewal of a license is issued subject to provisions of this chapter and rules of the Secretary of State.   [PL 1997, c. 521, §5 (NEW).]
D. The annual fee for a license is $1,500.   [PL 2003, c. 434, §1 (AMD); PL 2003, c. 434, §37 (AFF).]
E. Manufacturers and distributors of motorcycles and recreational vehicles are exempt from the manufacturer licensing requirements.   [PL 1999, c. 470, §2 (NEW).]
[PL 2003, c. 434, §1 (AMD); PL 2003, c. 434, §37 (AFF).]
2.  Sanctions, denial, revocation or suspension of license.  The Secretary of State shall sanction, deny, revoke or suspend a license under the following conditions.  
A. The Secretary of State may deny an application for a license, revoke or suspend an outstanding license, place on probation a person whose license has been suspended or reprimand a licensee for any of the following reasons:  
(1) Material misrepresentation in any application or other information filed under this section or rules of the Secretary of State; or  
(2) Failure to maintain the qualifications for a license.   [PL 1997, c. 521, §5 (NEW).]
B. A license may not be denied, revoked or suspended and disciplinary action may not be taken under this section except after a hearing conducted by the Secretary of State in accordance with the Maine Administrative Procedure Act.   [PL 1997, c. 521, §5 (NEW).]
[PL 1997, c. 521, §5 (NEW).]
3.  Civil penalty.  If the board determines after a proceeding conducted in accordance with this chapter that a manufacturer or distributor is violating or has violated any provision of this chapter or any rule or order of the board issued pursuant to this chapter, the board shall levy a civil penalty of not less than $1,000 nor more than $10,000 for each violation. If the violation involves multiple transactions within a 60-day period, these multiple transactions are deemed a single violation.  
In determining the amount of a civil penalty levied under this chapter, the board shall consider:  
A. The seriousness of the violation, including but not limited to the nature, circumstances, extent and gravity of the prohibited acts and the harm or potential harm created to the safety of the public;   [PL 1997, c. 521, §5 (NEW).]
B. The economic damage to the public caused by the violation;   [PL 1997, c. 521, §5 (NEW).]
C. Any previous violations;   [PL 1997, c. 521, §5 (NEW).]
D. The amount necessary to deter future violations;   [PL 1997, c. 521, §5 (NEW).]
E. Efforts made to correct the violation; and   [PL 1997, c. 521, §5 (NEW).]
F. Any other matters that justice may require.   [PL 1997, c. 521, §5 (NEW).]
[PL 2003, c. 356, §4 (AMD).]
4.  Rules.  Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II‑A.  
[PL 1997, c. 521, §5 (NEW).]
5.  License fees collected.  License fees collected under subsection 1, paragraph D and subsection 3 are deposited in the Highway Fund.  
[PL 1997, c. 521, §5 (NEW).]
SECTION HISTORY
PL 1997, c. 521, §5 (NEW). PL 1999, c. 470, §2 (AMD). PL 2003, c. 356, §4 (AMD). PL 2003, c. 434, §1 (AMD). PL 2003, c. 434, §37 (AFF).
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Notes of Decisions
Cited in 4 cases, 2014–2016 · leading case: Ford Motor Co. v. Darling's, 2016 ME 171 (Me. 2016).
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Ford Motor Co. v. Darling's, 2016 ME 171 (Me. 2016). “Ford’s reading thus significantly diminishes the incentive for manufacturers to comply with section 1174(3)(B): as Ford construes the statute, the only possible consequence for unlawful and deceptive conduct—beyond the payment of any benefits to which a dealer would be entitled…”
Ford Motor Co. v. Darling's, 2014 ME 7 (Me. 2014). “As a result, the Board awarded Darling’s damages and imposed a civil penalty and attorney fees against Ford pursuant to 10 M.R.S. §§ 1171-B(3) and 1173. [¶ 3] Ford contends that the Board and the court erred in concluding that (1) the incentive program was part of Ford and…”
Darling's v. Chrysler Grp., LLC, 57 F. Supp. 3d 68 (D. Me. 2014). “In carrying out this mission, the Board has the power to levy modest civil penalties (which are paid to a state highway fund) and to award costs and attorney’s fees (which are paid to the opposing party), but it lacks the power to award monetary damages or grant injunctive or…”
Chrysler Grp., LLC v. Dunlap (Me. Super. Ct 2016). “10 M.R.S. § 1171-B(J) (2015). Here, the Board erred by imposing penalties on Chrysler based on a continuing violation of Section 1176 through thi1teen 60-day periods.”
— Me. Rev. Stat. tit. 10, § 1171-B(3) — 3 cases
Ford Motor Co. v. Darling's, 2016 ME 171 (Me. 2016). “Ford’s reading thus significantly diminishes the incentive for manufacturers to comply with section 1174(3)(B): as Ford construes the statute, the only possible consequence for unlawful and deceptive conduct—beyond the payment of any benefits to which a dealer would be entitled…”
Ford Motor Co. v. Darling's, 2014 ME 7 (Me. 2014). “As a result, the Board awarded Darling’s damages and imposed a civil penalty and attorney fees against Ford pursuant to 10 M.R.S. §§ 1171-B(3) and 1173. [¶ 3] Ford contends that the Board and the court erred in concluding that (1) the incentive program was part of Ford and…”
Darling's v. Chrysler Grp., LLC, 57 F. Supp. 3d 68 (D. Me. 2014). “In carrying out this mission, the Board has the power to levy modest civil penalties (which are paid to a state highway fund) and to award costs and attorney’s fees (which are paid to the opposing party), but it lacks the power to award monetary damages or grant injunctive or…”
— Me. Rev. Stat. tit. 10, § 1171-B(J) — 1 case
Chrysler Grp., LLC v. Dunlap (Me. Super. Ct 2016). “10 M.R.S. § 1171-B(J) (2015). Here, the Board erred by imposing penalties on Chrysler based on a continuing violation of Section 1176 through thi1teen 60-day periods.”
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