2009 Maine Code
TITLE 12: CONSERVATION
Chapter 809: JURISDICTION AND PENALTIES
12 §9701. Penalty

Title 12: CONSERVATION

Part 11: FORESTRY

Chapter 809: JURISDICTION AND PENALTIES

§9701. Penalty

Unless otherwise specifically stated, any person who violates any requirement of this Part, the condition or terms of any permit or license issued by the director or the provision of any rule or regulation of the bureau commits a civil violation for which a forfeiture not to exceed $1,000 may be adjudged. Each day of a violation shall be considered a separate offense. [1979, c. 545, §3 (NEW).]

In any action or proceeding brought by the Attorney General under this section, the court may award litigation costs, including court costs, reasonable attorney's fees and reasonable expert witness fees, to be deposited in the General Fund of the State if the State or any of its officers or agencies is a prevailing party in the action or proceeding and the defendant's defense was not substantially justified. For the purposes of this subsection, a defense is "substantially justified" if the defense had a reasonable basis in law or fact at the time it was raised. [2009, c. 536, §2 (NEW).]

SECTION HISTORY

1979, c. 545, §3 (NEW). 2009, c. 536, §2 (AMD).