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Maine Revised Statutes

Me. Rev. Stat. tit. 10, § 8003-D (2026)

Investigations; enforcement duties; assessments

✓ current as of May 2026

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When there is a finding of a violation, a board affiliated with the department identified in section 8001‑A may assess the licensed person or entity for all or part of the actual expenses incurred by the board or its agents for investigations and enforcement duties performed. [PL 2011, c. 286, Pt. B, §4 (AMD).]

"Actual expenses" include, but are not limited to, travel expenses and the proportionate part of the salaries and other expenses of investigators or inspectors, hourly costs of hearing officers, costs associated with record retrieval and the costs of transcribing or reproducing the administrative record. [PL 1999, c. 687, Pt. C, §12 (NEW).]

The board, as soon as feasible after finding a violation, shall give the licensee notice of the assessment. The licensee shall pay the assessment in the time specified by the board, which may not be less than 30 days. [PL 2011, c. 286, Pt. B, §4 (AMD).]

SECTION HISTORY

PL 1999, c. 687, §C12 (NEW). PL 2009, c. 465, §6 (AMD). PL 2011, c. 286, Pt. B, §4 (AMD).

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 2003–2023 · leading case: Zegel v. Bd. of Soc. Worker Licensure, 2004 ME 31 (Me. 2004).

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Zegel v. Bd. of Soc. Worker Licensure, 2004 ME 31 (Me. 2004). “” 10 M.R.S.A. § 8003-D (Supp.2003). Although the statute does not expressly mandate a hearing about the licensed person’s ability to pay, the Board is required to exercise its discretion reasonably in imposing costs.”

Christian Action Network v. Maine, 679 F. Supp. 2d 140 (D. Me. 2010). “In addition, if the presiding officer finds a violation, the presiding officer may recommend that Christian Action Network be assessed actual expenses of investigation and hearing pursuant to 10 M.R.S. § 8003-D. Such expenses include the cost of photocopying material to be used…”

Mulready v. Bd. of Real Est. Appraisers, 2009 ME 135 (Me. 2009). “The pertinent portion of 10 M.R.S. § 8003-D (2008) provides: "When there is a finding of a violation, a board or commission .”

Zegel v. State of Maine, Bd. Of Soc. Work Licensure (Me. Super. Ct 2003). · cites it 2× “§8003(5)(A-1)(4), with a condition that she obtain consultation from a licenses clinical social worker twice a month for six months and imposed the costs of the hearing pursuant to 10 M.R.S.A. §8003-D. On May 29, 2002, the Board issued its written decision.”

Kippax, D.M.D. v. State of Maine Bd. of Dental Practice (Me. Super. Ct 2021). “Kippax contends that the imposition of the cost of the hearing was an abuse of discretion, in light of his testimony as to his ability to pay.”

Gorayeb v. Maine Bd. of Licensure in Med. (Me. Super. Ct 2023). “8; see also 10 M.R.S. § 8003-D. Procedural History On July 8, 2019, Petitioner appealed the Board's decision to this court.”

Bd. of Licensure in Med. v. Diering (Me. Super. Ct 2008). “" 10 M.R.S. § 8003-D. The Board is required "to exercise its discretion reasonably in imposing costs.”

Nadeau v. Maine Bd. of Dental Exam'rs (Me. Super. Ct 2009). “10 M.R.S.A. § 8003-D. The statute further provides that '/[a]ctual expenses' include, but are not limited to, travel expenses and the proportionate part of the salaries and other expenses of investigators or inspectors, hourI y costs of hearing officers, costs associated with…”

Mulready v. Bd. of Real Est. Appraisers (Me. Super. Ct 2009). “" 10 M.R.S. § 8003-D (emphasis added). See also id.”

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