5 M.R.S. §60: Restriction of access to state property or services; restriction of communication with or through entities of the State

1. Entity of the State; definition. As used in this section, "entity of the State" means any office, department, agency, authority, commission, board, institution, hospital or other instrumentality of the State, except that "entity of the State" does not include a public institution of higher education.

2. Notice or communication of restriction. An entity of the State that issues a notice or communication, or a local law enforcement agency that issues a notice or communication on behalf of an entity of the State, that restricts a person from accessing state property or services provided by the State or from communicating with or through the entity to which an otherwise unrestricted person would have access must issue the notice or communication in writing to the restricted person. The written notice or communication must include the factual basis for the entity of the State's decision to restrict the person's access or communication as well as information describing the procedure to challenge the notice or communication. The issuance of a court order does not satisfy the requirements of this subsection.

3. Final agency action. A notice or communication issued pursuant to this section constitutes final agency action for the purposes of review under chapter 375.

4. Copy to Department of Public Safety. An entity of the State other than the Department of Public Safety that issues a written notice or communication pursuant to this section shall send a copy of that notice or communication to the Department of Public Safety.

5. Applicability. This section does not apply to the Department of Corrections with respect to placing restrictions on a resident of a department facility as defined under Title 34‑A, section 3015, subsection 1.