§6801-A. Compliance with requirements

The commissioner shall enforce the requirements of this Title as follows.   [PL 1983, c. 859, Pt. A, §§ 24, 25 (NEW).]

1.  Authority to withhold state subsidy.  If, after giving due notice and an opportunity for a hearing, the commissioner finds that a school administrative unit is not in compliance with the reporting, program or other requirements of this Title, the commissioner may withhold state subsidy from that unit. The withholding shall continue only as long as necessary to achieve compliance.

[PL 1983, c. 859, Pt. A, §§24, 25 (NEW).]

2.  Authority to withhold state subsidy until reports are received.  Notwithstanding any other provision of law, if a school administrative unit has failed to file the reports required by this Title in the format and within the time periods specified, the commissioner may withhold state subsidy payments until these reports are received.

[PL 1989, c. 414, §19 (AMD); PL 1989, c. 910, §1 (AMD).]

3.  Action by Attorney General.  If compliance cannot be achieved by withholding subsidy payment, or if withholding would be an inappropriate or unavailable remedy, or if a school or school unit which is not eligible for state subsidy is out of compliance with this Title, the commissioner may refer the matter to the Attorney General for action. The Attorney General may seek injunctive relief to enjoin activities not in compliance with the governing law or seek any other remedy authorized by law.

[PL 1989, c. 414, §19 (AMD).]

4.  Other penalties.  Nothing in this section precludes the commissioner from employing other penalties authorized in this Title or authorized or required by federal law.

[PL 1989, c. 414, §19 (AMD).]

5.  Complaint process.  A complaint that alleges that a school administrative unit is not in compliance with the requirements of this Title or of rules adopted by the department shall be filed pursuant to the requirements for a petition under section 258-A.

[PL 1985, c. 797, §39 (AMD).]

SECTION HISTORY

PL 1983, c. 859, §§A24,A25 (NEW). PL 1985, c. 797, §39 (AMD). PL 1989, c. 414, §19 (AMD). PL 1989, c. 910, §1 (AMD).