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131st MAINE LEGISLATURE
FIRST REGULAR SESSION-2023
Legislative Document No. 170H.P. 111House of Representatives, January 13, 2023
An Act to Clarify the Authority of the Director of the Real Estate
Commission to Dismiss Certain Claims That Do Not Allege
Violations of Law or Rules
Reference to the Committee on Innovation, Development, Economic Advancement and
Business suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative ARATA of New Gloucester.
Cosponsored by Representatives: DOUDERA of Camden, MORRIS of Turner, SMITH of
Palermo. Page 1 - 131LR0642(01)
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2 as amended by PL 2007, c. 402, Pt. BB, ยง15, is
3 further amended to read:
4 The director may investigate the actions of any licensee under this
5 chapter, or any person or entity who assumes to act in a capacity requiring a license under
6 this chapter, upon receipt of a verified written complaint or in accordance with the
7 guidelines prescribed by commission rule. If the director determines that a complaint does
8 not allege a violation of a law or rule that relates to the commission's enforcement authority
9 or does not merit further investigation or action, the director may dismiss the complaint
10 with approval from the commission. Upon completion of the an investigation, the director
11 shall take one of the following actions:
12 A. With the commission's approval, dismiss the complaint;
13 B. With the consent of the parties and subject to approval of the commission and
14 commission counsel, execute a consent agreement; or
15 C. Issue a staff petition for hearing before the commission, which may include a
16 recommended disposition.
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18 This bill provides that, if the director of the Real Estate Commission determines that a
19 complaint does not allege a violation of a law or rule that relates to the commission's
20 enforcement authority or does not merit further investigation or action, the director may
21 dismiss the complaint with approval from the commission.
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