01-001 C.M.R. ch. 806
(APA Office Note: formerly Chapter 40 of the Soil and Water Conservation Commission, which was repealed by PL 1995 c.532 effective July 4, 1996.)
SUMMARY: These rules provide a means of obtaining rulings by the Commission on issues within its jurisdiction.
Upon written request of any interested person, the Commission may make an advisory ruling with respect to the applicability of any statute, regulation or rule administered by the Commission to him or his property or actual state of facts.
All advisory ruling requests shall be addressed to the Executive Director, Soil and Water Conservation Commission, Maine Department of Agriculture, Augusta, Maine 04333.
The request shall contain sufficient facts for the Commission to make a ruling. The Commission may request information from the party requesting the ruling. Failure to provide such information shall be cause for the Commission to refuse to issue a ruling.
The Commission may refuse to issue an advisory ruling if it may harm its interests in any litigation wherein it is or may become a party.
Any advisory ruling shall be in writing and Issued no more than 60 days from the date when all information necessary for the ruling has been received by the Commission.
An advisory ruling shall not be binding upon the Commission, provided that in any subsequent enforcement action initiated by the Commission, any person's justifiable reliance upon the ruling shall be considered in mitigation of any penalty sought to be assessed.
June 29, 1979
May 4, 1996
March 2, 2000 - converted to MS Word
July 4, 1996 - to 01-001, Department of Agriculture, Food and Rural Resources
May 19, 2008 – bolding
February, 2014 – agency names, formatting