2019 Maine Revised Statutes
TITLE 22: HEALTH AND WELFARE
Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS
Chapter 1691: MAINE BACKGROUND CHECK CENTER ACT
22 §9062. Penalties

§9062. Penalties

1.  Conduct subject to penalties.  An employer may be subject to the penalties under this chapter for any of the following:  

A. Failure to conduct a mandatory background check;   [PL 2015, c. 299, §25 (NEW).]

B. Failure or refusal to terminate or remove from direct access employment an employee who is disqualified for employment based on the requirements of this chapter; and   [PL 2015, c. 299, §25 (NEW).]

C. Substantial noncompliance with the procedures established by this chapter.   [PL 2015, c. 299, §25 (NEW).]

[PL 2015, c. 299, §25 (NEW).]

2.  Fines.  An employer who fails to comply with the provisions of this chapter is subject to the penalties set out under this subsection.  

A. An employer who fails to secure a background check in accordance with this chapter or knowingly employs a disqualified individual for direct access employment commits a civil violation for which a fine of not less than $500 but not more than $10,000 per day may be adjudged, beginning on the first day the violation occurs and for each day of continued violation. Each day constitutes a separate offense.   [PL 2015, c. 299, §25 (NEW).]

B. An employer is subject to the penalties under paragraph A if that employer conditionally employs an individual before receiving verification that the individual has met the requirements of conditional employment described in this chapter.   [PL 2015, c. 299, §25 (NEW).]

C. An employer who fails to comply with the confidentiality requirements and conditional employment requirements of this chapter commits a civil violation for which a fine of not less than $500 but not more than $5,000 may be adjudged for each violation.   [PL 2015, c. 299, §25 (NEW).]

[PL 2015, c. 299, §25 (NEW).]

SECTION HISTORY

PL 2015, c. 299, §25 (NEW).