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Rule 80G.Actions for License Revocation or Suspension

Last amended January 1, 2001 · Last verified July 8, 2026

In one sentenceRule 80G governs a District Court action to revoke or suspend a state-issued license under 4 M.R.S.A. § 152(9) and § 184, including the ex parte emergency-revocation procedure available on a showing of immediate threat to public health, safety, or welfare, and requires written findings before judgment.

Full Text of Rule 80G

Text sizeJump to: (a) (b) (c) (d) (e)

(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.

Advisory Committee’s Notes & Reporter’s Notes

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 The Rule was abrogated, effective February 15, 1992, since the procedure was superseded by statutory and rule changes.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.

Advisory Committee's Note — November 15, 1976

[Editor’s Note: This Note refers to a version of the Rule when it concerned separate support and custody, abrogated in 1992].

This rule is added to implement the provisions of 19 M.R.S.A. § 304, enacted in 1973, that actions for civil support may be commenced by summons rather than on order of notice under 19 M.R.S.A. § 301 as formerly, and that the Law Court may "prescribe by general rule the procedure" for such actions. The rule thus provides a procedure for willful non-support actions under 19 M.R.S.A. § 301 and for enforcement of the general support obligation under 19 M.R.S.A. §§ 441-452. The rule also includes proceedings for custody and support under 19 M.R.S.A. § 214, because the procedure for such actions is virtually identical to that under § 301. Proceedings under 19 M.R.S.A. § 401 (Uniform Reciprocal Enforcement of Support Act), 19 M.R.S.A. §§ 491-516 (alternative method of support enforcement), and 22 M.R.S.A. §§ 3791-3800 (custody and support of neglected children) are excluded because those statutes contain ample and complex procedural provisions that do not fit the pattern of this rule. See, generally, 2 Field, McKusick, and Wroth, Maine Civil Practice 512-513 (2d ed. 1970). Rule 81(b)(3), which formerly excluded all separate support actions has been amended to exclude only URESA actions. A comparable Rule 80G has been added to the District Court Civil Rules and a comparable change has been made in D.C.C.R. 81(b). The present rule is numbered "80G" for uniformity of numbering with the District Court Civil Rules, where the numbers 80C-80F have already been used. The latter numbers in the Maine Rules of Civil Procedure are "reserved" for future rules that do not have a District Court equivalent.