Title 5, Title 5

There is created, within the Office of the Attorney General, the Accidental Drug Overdose Death Review Panel, referred to in this section as "the panel," in order to recommend to state, county and local agencies methods of preventing deaths as the result of accidental drug overdo…

1. Policies. By January 1, 2024, the Attorney General shall adopt a written policy for the protection of confidential attorney-client communications by employees and agents of the Attorney General, which must include, at a minimum, processes to protect and ensure confidentiality …

When a criminal prosecution in which the Attorney General appears is continued, the Attorney General shall cause the witnesses on behalf of the State to recognize to appear at the next term, unless otherwise directed by the court, and may procure the attendance of a witness livin…

The Attorney General may, for the Department of the Attorney General or through the several district attorneys or other officers of the State, employ such detectives or other persons, offer rewards or use other means that the Attorney General considers advisable for the detection…

1. Expenses charged to appropriation. Such sum as may be appropriated for the purposes of this chapter may be expended under the direction of the Attorney General. The Attorney General shall, at the request of any state department, make or cause to be made investigations in behal…

Unless specifically ordered by the court to do otherwise or for revenue or money received under section 203‑B, the Attorney General shall work with the Treasurer of State to deposit any revenue or money received as a result of any court order, court settlement or other agreement …

Notwithstanding section 203‑A and unless specifically ordered by the court to do otherwise, the Attorney General may work with the Treasurer of State to deposit identified revenue or money received as a result of any court order or other agreement resulting from litigation agains…

1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings. A. "Approved uses" means the substance use disorder abatement purposes defined as "Approved Uses" in the Memoranda of Understanding. [PL 2023, c. 412,…

A direct share subdivision that receives funds pursuant to settlements described in section II.A of the Memoranda of Understanding shall submit a report to the Attorney General by January 15, 2026, and annually thereafter, detailing the amount of such funds received pursuant to s…

The Attorney General, working with the district attorneys of the State, shall submit a report that compiles data from domestic violence prosecutors statewide to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs, the join…

The Attorney General shall not receive any fee or reward from or in behalf of any prosecutor for official services or, during the pendency of a prosecution, be engaged as counsel or attorney for either party in a civil action depending essentially on the same facts.

This chapter will be known as and may be cited as the Maine Unfair Trade Practices Act.

The following words, as used in this chapter, unless the context otherwise requires or a different meaning is specifically required, shall mean: [PL 1969, c. 577, §1 (NEW).] 1. Documentary material. "Documentary material" shall include the original or a copy of any book, record, …

Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are declared unlawful. [PL 1969, c. 577, §1 (NEW).] 1. Intent. It is the intent of the Legislature that in construing this section the courts will be guided by the inte…

Nothing in this chapter shall apply to: [PL 1969, c. 577, §1 (NEW).] 1. Regulatory boards. Transactions or actions otherwise permitted under laws as administered by any regulatory board or officer acting under statutory authority of the State or of the United States. This excepti…

Whenever the Attorney General has reason to believe that a person is using or is about to use any method, act or practice declared by section 207 to be unlawful, and that proceedings would be in the public interest, the Attorney General may bring an action in the name of the Stat…

In any case where the Attorney General has authority to institute an action or proceeding under section 209, in lieu thereof the Attorney General may accept an assurance of discontinuance of any method, act or practice in violation of this chapter from any person alleged to be en…

Whenever the Attorney General believes a person to be or to have been in violation of this chapter, the Attorney General may examine or cause to be examined for that purpose any books, records, papers and memoranda of whatever nature relevant to the alleged violation. The Attorne…

A person upon whom a notice is served pursuant to section 211 shall comply with the terms thereof unless otherwise provided by the order of a court of this State. Any person who fails to appear, or with intent to avoid, evade or prevent compliance, in whole or in part, with any c…

1. Court action. Any person who purchases or leases goods, services or property, real or personal, primarily for personal, family or household purposes and thereby suffers any loss of money or property, real or personal, as a result of the use or employment by another person of a…

Any waiver by a consumer of the provisions of this chapter is contrary to public policy and shall be unenforceable and void.

The State Auditor is the chief administrator of the Office of the State Auditor. The State Auditor must be elected by the Legislature by a joint ballot of the Senators and Representatives in convention and holds office for a term of 4 years or until a successor is elected and qua…

In order to provide for an orderly transition following the quadrennial election of the State Auditor, the State Auditor-elect may not take the oath of office or otherwise qualify for the office for a period of no less than 30 days following that election.

The Office of the State Auditor must be organized in the manner the State Auditor considers best suited to the accomplishment of its functions. The office may have those auditors, assistants and employees as the State Auditor may require, but they are subject to the Civil Service…

The Office of the State Auditor has authority: [PL 2013, c. 16, §3 (AMD).] 1. Audit. To audit all accounts and other financial records of State Government or any department or agency of State Government, including the judiciary and the Executive Department of the Governor, except…

If in the course of any audit of a state department or agency the Office of the State Auditor finds significant discrepancies in the financial records of that state department or agency, the State Auditor shall report, in person, to the joint standing committee of the Legislature…

By January 1st of each year, the State Auditor shall submit a report to the Executive Director of the Legislative Council and to all joint standing committees of the Legislature regarding the administration of federal grants, programs and awards by state agencies. The report must…

The State Auditor may not perform the accounting functions for the State, but shall audit the accounts, books, records and other evidences of financial transactions kept in the Department of Administrative and Financial Services or in the other departments and agencies of State G…

The head of any department, agency, bureau or division of the State or of any board, commission, agency or authority of any county, municipality, school district or other political or administrative subdivision who has any evidence of any improper or illegal transactions within t…

Pursuant to section 243, subsection 6, the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs may direct the State Auditor to undertake management audits, systems reviews or audits of any department or agency of the State.

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Audit working paper" means all documentary and other information acquired, prepared or maintained by the State Auditor during the conduct of an au…

1. Identity confidential. The identity of a person making a complaint alleging fraud, waste, inefficiency or abuse through a hotline or other referral service established by the State Auditor for the confidential reporting of fraud, waste, inefficiency and abuse in State Governme…

The State Auditor may not serve in an ex officio capacity on any administrative board or commission or have any financial interest in the transactions of any department, institution or agency of the State Government. The State Auditor may not be responsible for the collection of …

1. Position created. There is created within the Office of the State Auditor the position of fiscal administrator of the unorganized territory. The fiscal administrator must be a person qualified by education or experience in the administration of budgets. The position is subject…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Department" means the Department of Public Safety, State Bureau of Identification. [PL 2019, c. 416, §1 (NEW).] B. "Federal Bureau of Investigatio…

The Office of the Maine-Canada Trade Ombudsman is established within the Executive Department and is autonomous from any other state agency.

The Governor shall appoint an ombudsman to head the Office of the Maine-Canada Trade Ombudsman, who is referred to in this chapter as the "ombudsman," subject to review by the joint standing committee of the Legislature having jurisdiction over state and local government matters …

The ombudsman has, upon consent of the Governor, the duties and powers established under the following provisions governing trade between businesses in this State and individuals, businesses and governmental entities in Canada. [PL 2001, c. 643, §1 (NEW); PL 2001, c. 643, §3 (AFF…

The Department of Administrative and Financial Services is established as the principal fiscal department of State Government and shall exercise such powers and perform such duties as are provided by law. [PL 1991, c. 780, Pt. Y, §20 (AMD).] The department is under the supervisio…

The commissioner may appoint and employ deputy commissioners, bureau chiefs and the director of legislative affairs to be under the commissioner's immediate supervision, direction and control, and to serve at the commissioner's pleasure and perform such duties as the commissioner…

1. Authority. The Commissioner of Administrative and Financial Services is authorized to release, grant or receive title to nonfee interests such as easements or rights-of-way in property held by state agencies over which the Department of Administrative and Financial Services ha…

1. Commission. The State Liquor and Lottery Commission, established in Title 5, section 12004‑G, subsection 14, consists of 5 members who must be residents of this State. Members are appointed by the Governor and are subject to review by the joint standing committee of the Legisl…

The Division of Financial and Personnel Services is established to provide assistance to the Commissioner of Administrative and Financial Services and to the agencies within the department in personnel matters, budgeting and financial matters, purchasing and clerical and support …

A group health plan is available to state employees and other eligible persons, subject to the following provisions. [PL 2001, c. 439, Pt. XX, §1 (AMD).] 1. Eligibility; generally. The following persons are eligible for a group health plan: A. Each appointed or elective officer o…

1. Establishment. The State Employee Health Commission is established to serve as trustee of the group health plan in this subchapter and to provide counsel to the Executive Director of Employee Health, Wellness and Workers' Compensation and the State Human Resources Officer on h…

The Commissioner of Administrative and Financial Services has responsibility for the state employee health insurance program through the Office of Employee Health, Wellness and Workers' Compensation that is established as part of the organization of the Bureau of Human Resources.…