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Rule 80G – Actions for License Revocation or Suspension

May 13, 2021 | Civil Procedure, Maine

(a) Actions for License Revocation or Suspension. Actions in the District Court under 4 M.R.S.A. §152(9) seeking revocation or suspension of a license issued by a state licensing agency pursuant to 4 M.R.S.A. §184 shall be governed by this rule.
(b) Complaint and Service of Process. The action shall be commenced by complaint filed in the District Court. The complaint must allege the violation of a cited statute or rule and the relief requested. The complaint and summons shall be served as required by 4 M.R.S.A. §184.
(c) Emergency Revocation or Suspension of License. Upon the filing of a verified complaint or complaint accompanied by affidavits demonstrating an immediate threat to the public health, safety or welfare, the court ex parte may order the temporary revocation or suspension of a license pursuant to 4 M.R.S.A. §184(6). The court shall promptly order expedited notice and hearing on the complaint. A temporary order of revocation or suspension shall expire within 30 days of issuance unless renewed after notice and hearing.
(d) Trial. Trial of the action shall be as provided in these rules.
(e) Judgment. The parties may not dispose of the action by agreement or consent decree without the approval of the court. The court shall make findings of fact and conclusions of law as required by 4 M.R.S.A. §184(7). Upon entry of judgment, the clerk shall serve each party with a copy of the judgment, including any separate opinion, findings of fact and conclusions of law supporting the judgment, and with a statement describing appellate rights to seek review of the judgment.

Me. R. Civ. P. 80G

Advisory Committee’s Notes January 1, 2001

Former Rule 80G prescribed the procedure for separate support and custody proceedings. The Rule was abrogated, effective February 15, 1992, since the procedure was superseded by statutory and rule changes. New Rule 80G now prescribes the procedure for actions for license revocation or suspension. P.L. 1999, c. 547, section B-6 enacted 4 M.R.S.A. §152(9) to confer exclusive jurisdiction upon the District Court for actions to revoke or to suspend licenses issued by certain state licensing agencies, effective March 15, 2001. P.L. 1999, c. 547, section B-10 enacted 4 M.R.S.A. §184 to prescribe the procedure for such actions. 4 M.R.S.A. §184(9) provides that the Supreme Judicial Court may adopt rules governing the procedure.

New Rule 80G incorporates the explicit requirements for procedure set forth in 4 M.R.S.A. §184. Consequently, the Rule must be read in harmony with the requirements of the statute. The procedure is simple, but has explicit requirements for the content of the complaint, for expedited hearings, and for entry of judgment or approval of negotiated dispositions. The statutes also contains explicit directions requiring the witnesses be sworn and an “official record” be maintained of the testimony and exhibits ( 4 M.R.S.A. §184(3) and (4) ), but these requirements are not different from those governing civil trial generally. Consequently, subdivision (d) of the Rule provides that the trial of the action shall be as provided generally for civil trials.

P. L. 1999, c. 547, section B-6 also enacted 4 M.R.S.A. §152(10), governing appeals from disciplinary decisions of occupational licensing boards and commissions. That procedure is prescribed by amendments to Rule 80C promulgated this date.