LIVERMORE – The attorney general’s office is asking a state court to levy penalties on and order restitution from three men in the timber business for allegedly violating terms of a 2001 court order under the Maine Unfair Trade Practices Act.

The state names Darrell L. Tibbetts of Livermore, Robert W. Tibbetts Jr. of Lewiston and Robert W. Tibbetts Sr. of Jay in the proposed court order. All three family members say they are going to fight the accusations. Darrell and Robert Tibbetts Jr. are brothers; Robert Tibbetts Sr. is their father.

The state is asking the court to prohibit the men from:

• Engaging in timber harvesting services, either directly or indirectly, on any property except their own.

• Entering into any agreement with any owner of property in Maine to purchase or harvest timber on the landowner’s property.

• Soliciting timber harvesting business on their own behalf or on behalf of any other people by printed ads or direct contact. This would include personal contact, mail, electronic mail or telephone.

• Requesting or receiving any stumpage or timber payments, directly or indirectly, on behalf of someone other than themselves from any mill or wood buyer for harvested timber.

The state’s proposed court order also asks Kennebec Superior Court in Augusta to require each man to pay $10,000 in civil penalties and to pay the state’s attorney fees and costs.

Additionally, the state requests that the Tibbettses pay restitution to each landowner who demonstrates a loss resulting from their alleged violations of the 2001 court order.

Restitution paid

In 2001, the court ordered that the men be permanently prohibited from any violations of the Unfair Trade Practices Act and the Consumer Solicitation Sales Act, the Maine Wood Measurement Law and the Maine Forester Licensing Law.

The Tibbettses did not admit any wrongdoing then, but paid $10,000 in restitution to landowners and $3,000 in costs and attorney fees to the state.

The 2001 order also required them to disclose in all future contracts that landowners have a right to cancel, that they are not licensed foresters, and that the Maine Forest Service recommends that landowners hire a licensed forester to assess a woodlot before a harvest.

In addition, they were required to provide copies of a signed contract and notification of intent to harvest to both the landowner and the Maine Forest Service at least seven days before cutting trees. They also were to maintain all business records for six years after each harvest and make them available for inspection to state law enforcement officials.

In the court documents filed Dec. 8 in Augusta, the attorney general’s office cited incidents that it claims violate the 2001 court order. These involve landowners in Durham, Mechanic Falls, Jay, Livermore, Bowdoin and Poland Springs, according to the documents.

Darrell Tibbetts and Robert Tibbetts Jr. both denied all allegations made by the state Friday and both said they intended to fight the alleged violations in court.

Their father said he doesn’t understand why he is involved in the case. He said he is not mentioned specifically in the text of the state’s proposed court order and plans to hire an attorney to clear himself. All three men say they have separate businesses that are not connected.

Assistant Attorney General Lucinda White disagrees, and said they are connected.

The elder Tibbetts said he has been self-employed for 42 years and has never had a complaint filed against him.

Robert Tibbetts Jr. said he has a heart and chest condition and has not worked as a timber buyer since earlier this year. He also said he has had 99.9 percent consumer satisfaction in his dealings. Darrell Tibbetts said he has cut thousands of acres over 15 years and dealt with hundreds of landowners, with very few complaints.