Maine Revised Statutes

Me. Rev. Stat. tit. 10, § 1188 (2026)

Duties

✓ current as of May 2026
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The board:   [PL 2003, c. 356, §12 (NEW).]
1.  Complaints.  Shall review written complaints filed with the board by persons complaining of conduct governed by this chapter;  
[PL 2003, c. 356, §12 (NEW).]
2.  Decision.  Shall issue written decisions and may issue orders to a franchisee or franchisor in violation of this chapter;  
[PL 2003, c. 356, §12 (NEW).]
3.  Penalty.  May levy a civil penalty pursuant to section 1171‑B, subsection 3;  
[PL 2003, c. 356, §12 (NEW).]
4.  Award costs.  Shall award costs and attorney's fees pursuant to section 1173;  
[PL 2003, c. 356, §12 (NEW).]
5.  Interim order.  Shall levy a civil penalty pursuant to section 1171‑B, subsection 3 when a party to a complaint under this subchapter is found to have recklessly or knowingly failed, neglected or refused to comply with an interim order issued by the board;  
[PL 2005, c. 61, §4 (AMD).]
6.  Procedures.  May appoint persons to be present at the deposition of out-of-state witnesses, administer oaths, issue subpoenas to compel the presence of witnesses or documents and authorize stenographic or recorded transcripts of proceedings; and  
[PL 2005, c. 61, §4 (AMD).]
7.  Alternate members.  Alternates are empowered to hear cases and carry out other duties of the board when regular board members from the same category are unable or unwilling to carry out those duties. The chair shall select alternate members to perform duties under this subsection.  
[PL 2005, c. 61, §5 (NEW).]
SECTION HISTORY
PL 2003, c. 356, §12 (NEW). PL 2005, c. 61, §§4,5 (AMD).
Notes of Decisions
Cited in 6 cases, 2005–2017 · leading case: Ford Motor Co. v. Darling's, 2016 ME 171 (Me. 2016).
Ford Motor Co. v. Darling's, 2016 ME 171 (Me. 2016). · cites it 3× “We held, however, that pursuant to 10 M.R.S. § 1188, the Board lacks jurisdiction to award damages for violations of the Act.”
Ford Motor Co. v. Darling's, 2014 ME 7 (Me. 2014). · cites it 2× “10 M.R.S. § 1188(1)-(4). Because “[w]e will not read additional language into a statute,” Blue Yonder, LLC v.”
Darling's v. Chrysler Grp., LLC, 57 F. Supp. 3d 68 (D. Me. 2014). · cites it 2× “See 10 M.R.S. § 1188. Third, 10 M.R.S. § 1190-A provides that an action in a “court of competent jurisdiction” must be stayed if the action “gives rise or could give rise to a claim or defense” under the Dealers Act and “a party to the action” files a timely complaint with the…”
All. of Auto. Mfrs. v. Gwadosky, 353 F. Supp. 2d 97 (D. Me. 2005). “10 M.R.S.A. § 1188(1), (3). It has the power to “conduct and use the same discovery procedures as provided in the Maine Rules of Civil Procedure,” id.”
Chrysler Grp., LLC v. Dunlap (Me. Super. Ct 2016). · cites it 2× “any practice declared unlawful by this chapter may bring an action for damages and equitable relief, including injunctive relief.”
FCA US LLC v. Sec'y of State (Me. Super. Ct 2017). · cites it 2× “§ 1188(1), (2) (the Board shall "review written complaints filed with the [BJoard by persons complaining of conduct governed by this chapter" and the Board shall "issue written decisions and may issue orders to a franchisee or franchisor in violation of this chapter"), III.…”
— Me. Rev. Stat. tit. 10, § 1188(1) — 4 cases
Ford Motor Co. v. Darling's, 2016 ME 171 (Me. 2016). “We held, however, that pursuant to 10 M.R.S. § 1188, the Board lacks jurisdiction to award damages for violations of the Act.”
Ford Motor Co. v. Darling's, 2014 ME 7 (Me. 2014). “10 M.R.S. § 1188(1)-(4). Because “[w]e will not read additional language into a statute,” Blue Yonder, LLC v.”
All. of Auto. Mfrs. v. Gwadosky, 353 F. Supp. 2d 97 (D. Me. 2005). “10 M.R.S.A. § 1188(1), (3). It has the power to “conduct and use the same discovery procedures as provided in the Maine Rules of Civil Procedure,” id.”
FCA US LLC v. Sec'y of State (Me. Super. Ct 2017). “§ 1188(1), (2) (the Board shall "review written complaints filed with the [BJoard by persons complaining of conduct governed by this chapter" and the Board shall "issue written decisions and may issue orders to a franchisee or franchisor in violation of this chapter"), III.…”
— Me. Rev. Stat. tit. 10, § 1188(3) — 1 case
Chrysler Grp., LLC v. Dunlap (Me. Super. Ct 2016). “any practice declared unlawful by this chapter may bring an action for damages and equitable relief, including injunctive relief.”
— Me. Rev. Stat. tit. 10, § 1188(l) — 1 case
Ford Motor Co. v. Darling's, 2014 ME 7 (Me. 2014). “10 M.R.S. § 1188(1)-(4). Because “[w]e will not read additional language into a statute,” Blue Yonder, LLC v.”
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