02-039 C.M.R. ch. 310
SUMMARY: This chapter details procedures for submission, consideration, and disposition of requests for advisory rulings.
The Commission may issue an advisory ruling pursuant to 5 M.R.S.A. §9001 concerning the applicability to an existing factual situation of any statutes or rules it administers. Each request shall be reviewed individually by the Director to determine whether an advisory ruling is appropriate. The Director may decline the request for an advisory ruling when the question is hypothetical, if there is insufficient experience upon which to base a ruling, or for any other reason deemed proper. The denial of a request may be appealed to the Commission by providing written notice to the Director within twenty (20) days following the denial.
A request for an advisory ruling shall be submitted to the Director in writing and shall set forth in detail all facts pertinent to the question. The Director may require additional information as necessary to complete a factual background for a ruling of the Commission.
A request for an advisory ruling shall be acknowledged by the Director within ten (10) days of receipt. Within thirty (30) days the Director shall provide notification that a request for ruling shall or shall not be presented to the Commission, or the Director may request additional information which is necessary to determine whether or not an advisory ruling is appropriate.
An advisory ruling shall be in writing and shall include a statement of facts or assumptions, or both, upon which the ruling is based. The statement, without reference to other documents, shall be sufficiently detailed to allow understanding of the basis of the opinion. A ruling shall be rendered with the assent of four (4) members of the Commission. An advisory ruling shall be signed by the Chairman of the Commission, shall be identified specifically as an advisory ruling, and shall be numbered serially.
An advisory ruling shall be mailed to the requesting party and a copy shall be kept by the Director. An advisory ruling is a public document and shall be available for public inspection during normal working hours of the Commission. In addition, the Commission, as it deems appropriate, may otherwise publish or circulate an advisory ruling.
STATUTORY AUTHORITY: 32 M.R.S.A., Section 13065
EFFECTIVE DATE: February 1, 1988
AMENDED: October 1, 1992
EFFECTIVE DATE (ELECTRONIC CONVERSION):