[2015, c. 297, §18(AMD).]
[2009, c. 129, §10(AMD); 2009, c. 129, §13(AFF).]
For purposes of this subsection, a violation is considered a knowing violation if the employer has previously obtained workers' compensation insurance and that insurance has been cancelled or that insurance has not been continued or renewed, unless the cancellation, failure to continue or nonrenewal is due to a substantial change in the employer's operations that is unrelated to the classification of individuals as employees or independent contractors; the employer has been notified in writing by the board of the need for workers' compensation insurance; the employer has had one or more previous violations of the requirement to secure the payment of the compensation provided for by this Act; or the employer misclassifies an employee as an independent contractor despite a contrary determination by the board.
Prosecution under paragraph A does not preclude action under paragraph B or C.
If the employer is a corporation, partnership, limited liability company, professional corporation or any other legal business entity recognized under the laws of the State, any agent of the corporation or legal business entity having primary responsibility for obtaining insurance coverage is liable for punishment under this section. Criminal liability must be determined in conformity with Title 17-A, sections 60 and 61.
[2015, c. 469, §3(AMD).]
[1991, c. 885, Pt. A, §8(NEW); 1991, c. 885, Pt. A, §§9-11(AFF).]
39-A M.R.S. § 324