DHHS → MeCDC → Public Health Systems → Local Health Officers → LHO Training → Section 7 → How Do I Enforce the Law?
Local Health Officer Training
Section 7 Part II : How Do I Enforce the Law?
Land Use Violations - Rule 80K
Maine Rules of Civil Procedure, Rule "80K" specifies the legal procedure which must be followed in prosecuting land use violations. Rule 80K actions are intended to be prosecuted by non-attorneys who have completed the Rule 80K certification program.
Unlike other court proceedings a Rule 80K action proceeds more rapidly through the court system. The violator of the law can answer the Complaint orally in court rather than in writing and the court can decide the main issues of the case with a minimum amount of formality. This process reduces the time and expense involved, without sacrificing the "due process rights" of the person accused of the violation.
Keep in mind, however, that although you may be permitted by law to carry the case from start to finish through the legal process, you are only an agent (see explanation below) of the municipality. It is critical to obtain the properly documented authority from the selectpersons or council prior to filing an action. The Board of Selectpersons may not wish to bring an 80K action against a certain violator; even though it may be justified. Once the violation notices have been disregarded, keep the Selectpersons well informed of the situation and make sure that they formally authorize you or the CEO to proceed with legal action.
Also, even if you are authorized by the Board to proceed with legal action, there are complex cases where obtaining the assistance of an attorney is recommended. If you believe that the case involves complex issues, do not hesitate to involve the town attorney, for your own protection.
One of the shortcomings of Rule 80K is that it only works as long as the defendant allows the court proceedings to go on. The defendant has an automatic right to "remove" a Rule 80K case, filed by a certified Rule 80K official, to the Superior Court. If on the other hand the defendant (violator) does "remove" the case, the city, town or state has to employ a lawyer to litigate the case. Enforcement officials (code officials) are not permitted to take legal action in Superior Court cases.
Definitions:
Agent:
An agent is a person authorized to act for and under the direction of another person when dealing with third parties. The agent should not have a conflict of interest in carrying out the act. Note that this agency must be given or obtained ahead of time.
Agency: 'Principal-Agent Relationship'
An 'agency' is a relationship or an agreement between a principal and an agent; a relationship in which the agent – town employee - has legal authority to act, on behalf of the principle – the municipality. This 'agency' is either, expressed or understood, between the parties, by which the agent has legal authority to act, on behalf of the principle and to make an account of the transaction.
Municipal:
Municipal means associated with or belonging to a city or town that has its own local government. Municipalities create authorities from various state and federal statutes. For reasons of public policy and convenience, a municipal authority comes from it being a separate and distinct body.
Back
