Section 250-9-8 - Prohibited conductA person may not engage in the following conduct or activities.
1.Driver education. A person may not conduct driver education, operate a driver education school, act as a driver education instructor or represent oneself as providing the same without being licensed by the Secretary of State.2.Solicitation and advertising. A driver education school, including employees and agents, and a driver education instructor may not:A. solicit or advertise business at a location where the Secretary of State conducts driver tests;B. advertise, imply or otherwise represent oneself to be an employee or agent of the Secretary of State;C. advertise, imply or otherwise represent or insinuate that the issuance of a driver's license is guaranteed or assured;D. make any false, misleading or deceitful claims, statements or representations in any advertisement or solicitation; orE. advertise or solicit business for a new unlicensed school or location.3.Mobile communication devices. A driver education instructor may not engage in the use of any form of two-way communication devices while conducting behind-the-wheel instruction, and the student is operating the vehicle as defined in 29-A MRSA §2119 (1) (D). Such devices include, but are not limited to, mobile or cellular telephones, two-way radios, citizen band radios or text messaging devices.4. A driver education school, including employees and agents, and a driver education instructor may not engage in unprofessional conduct with other driver education providers at a location where the Secretary of State conducts business.5. A driver education school, including employees and agents, and a driver education instructor may not interfere with, harass or intimidate any person where the Secretary of State conducts business.6. A driver education school, including employees and agents, and a driver education instructor may not engage in any verbal, physical or visual harassment of any employee or agent of the Secretary of State.7. A driver education school, including employees and agents, and a driver education instructor may not intimidate or harass an employee, student or other person receiving driver education based on sex, color, race, religion, national origin, age, marital status, physical or mental disability or sexual orientation. For the purpose of this paragraph harassment includes the following, which may be a series of incidents or a single occurrence: unwelcome sexual advances, gestures, comments, or contact; threats; offensive jokes; subjecting employees, students or other persons receiving driver education to ridicule, slurs, or derogatory actions. For the purpose of this paragraph, sexual-harassment includes the following, which may be a series of incidents or a single occurrence: verbal, nonverbal and physical behavior that is sexual in nature such as comments about a person's looks, personal inquiries, sexual jokes, use of derogatory sexual stereotypes, uttering sexually suggestive sounds, writing sexual notes, use of the computer equipment to send or receive material of a sexual nature, looking someone up-and-down, staring or leering at someone's body, deliberate blocking of a person's path, displaying sexual visuals, making sexual gestures, massaging, touching, deliberate brushing up against someone, hugging, pinching, grabbing or other sexual touching, contact or act.8. A driver education school or instructor shall not park in an area reserved for road test parking at any facility where the Secretary of State conducts road tests during normal business hours.9. A driver education school or instructor shall not leave an unattended vehicle with signs displayed as required in §5, subsection 3, F, (4)(b) at any location where the Secretary of State conducts business.29- 250 C.M.R. ch. 9, § 8