Me. Rev. Stat. » Title 5
Maine Revised Statutes

Me. Rev. Stat. tit. 5, § 10004 (2026)

Action without hearing

✓ current as of May 2026
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Notwithstanding the provisions of sections 10003 and 10051, an agency may revoke, suspend or refuse to renew any license without proceedings in conformity with subchapters IV or VI, when:   [PL 1977, c. 694, §38 (RPR).]
1.  Judicial action.  The decision to take that action rests solely upon a finding or conviction in court of any violation which by statute is expressly made grounds for revocation;  
[PL 1977, c. 694, §38 (NEW).]
2.  Reciprocal license.  The Maine license has been issued upon the basis of a reciprocal agreement with another government, and the Maine action is based upon evidence, in the form of a certified copy, that the authority issuing the license which provided the basis for reciprocal licensing in Maine has revoked or suspended their license;  
[PL 1977, c. 694, §38 (NEW).]
3.  Health or safety hazard.  The health or physical safety of a person or the continued well-being of a significant natural resource is in immediate jeopardy at the time of the agency's action, and acting in accordance with subchapter 4 or 6 would fail to adequately respond to a known risk, as long as the revocation, suspension or refusal to renew does not continue for more than 30 days, except as provided in Title 22, section 804 and subject to review under Title 22, section 804, subsection 3;  
[PL 2021, c. 349, §1 (AMD).]
4.  Certified inspector.  The action is based solely upon the physical test, examination or inspection by a state-certified inspector of any product, animal, material or equipment, from which the agency concludes that action in accordance with subchapter IV or VI would not adequately protect public health or safety, provided that action under this subsection shall not be effective for a period of more than 30 days.  
[PL 1977, c. 694, §38 (NEW).]
4-A.  Gambling.  The action is based on a violation of laws or rules at gambling facilities that are cited by the Department of Public Safety, Gambling Control Board, established pursuant to Title 8, chapter 31, or the Gambling Control Board or its designees determine that acting in accordance with subchapters 4 and 6 would fail to serve the public interest; however, the suspension, revocation or refusal to renew may not continue for more than 30 days.  
[PL 2003, c. 687, Pt. A, §1 (NEW); PL 2003, c. 687, Pt. B, §11 (AFF).]
5.  Rules of sportsmanship.  In the course of any professional sporting event directly regulated by an agency, the agency determines that a licensee has:  
A. Engaged in physical contact that is prohibited by the rules of the sport with another contestant or official immediately before, during or immediately after the regulated sporting event;   [PL 2017, c. 475, Pt. C, §2 (AMD).]
B. Engaged in a use or administration of drugs that is prohibited by the rules of the sport;   [PL 2017, c. 475, Pt. C, §2 (AMD).]
C. Failed to disclose to proper authorities or officials a known medical or mental condition of a contestant that was required to be disclosed or that could affect the public health and safety; or   [PL 2017, c. 475, Pt. C, §2 (AMD).]
D. Failed to fulfill contracts or obligations to make payments to contestants and officials for their participation in professional athletic events.   [PL 2017, c. 475, Pt. C, §2 (AMD).]
The revocation, suspension or refusal to renew a license for a violation described in this subsection may not continue for more than 30 days; or  
[PL 2017, c. 475, Pt. C, §2 (AMD).]
6.  Horse racing.  Violations of rules which occur at race tracks and cited by a commission, or its licensed designee, if acting in accordance with subchapters IV and VI would fail to immediately remedy the needs of the sport; provided that the revocation, suspension or refusal to renew shall not continue for more than 30 days.  
[PL 1977, c. 694, §38 (NEW).]
SECTION HISTORY
PL 1977, c. 551, §3 (NEW). PL 1977, c. 694, §38 (RPR). PL 2003, c. 687, §A1 (AMD). PL 2003, c. 687, §B11 (AFF). PL 2017, c. 475, Pt. C, §2 (AMD). PL 2021, c. 349, §1 (AMD).
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Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1992–2026 · 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). · cites it 2× “Section 7059 of title 32 provides only that the Board may “suspend or revoke” a license pursu *24 ant to 5 M.R.S.A. § 10004 (2002), 4 or that it may “refuse to issue or renew” a license if, among other reasons, a social worker commits “[a]ny gross negligence, incompetency or…”
Michalowski v. Bd. of Licensure in Med., 58 A.3d 1074 (Me. 2012). · cites it 3× “Title 5 M.R.S. § 10004 (2011) confers on licensing entities the authority to revoke a license without conforming to 5 M.”
Post v. State, Dep't of Marine Resources, 605 A.2d 81 (Me. 1992). “5 M.R.S.A. § 10004 (1989). Post’s final contention, that the Department had not taken final agency action until it responded to his final inquiry, in May, 1991, is also unavailing; such communications do not toll the appeal period.”
Dr. Doe v. Bd. of Dental Practice, 2026 ME 27 (Me. 2026). · cites it 6× “6 Doe conceded during oral argument that 5 M.R.S. § 10004 itself was not facially unconstitutional but rather argued that it was unconstitutional as applied to him.”
Kippax v. Bd. of Dental Practice (Me. Super. Ct 2018). “' Pursuant to Section 10004(3), the license suspension expired after 30 days.”
Pulley v. Maine State Bd. of Chiropractic Licensure (Me. Super. Ct 2005). “§ 503-A(2) authorizing the Board to suspend or revoke a license pursuant to 5 M.R.S.A. § 10004 for, among other things, the following activities: E.”
— Me. Rev. Stat. tit. 5, § 10004(1) — 1 case
Michalowski v. Bd. of Licensure in Med., 58 A.3d 1074 (Me. 2012). “Title 5 M.R.S. § 10004 (2011) confers on licensing entities the authority to revoke a license without conforming to 5 M.”
— Me. Rev. Stat. tit. 5, § 10004(3) — 2 cases
Dr. Doe v. Bd. of Dental Practice, 2026 ME 27 (Me. 2026). “6 Doe conceded during oral argument that 5 M.R.S. § 10004 itself was not facially unconstitutional but rather argued that it was unconstitutional as applied to him.”
Kippax v. Bd. of Dental Practice (Me. Super. Ct 2018). “' Pursuant to Section 10004(3), the license suspension expired after 30 days.”
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