17-229 C.M.R. ch. 101
SUMMARY: Chapter 101 sets forth the procedures used by the Department of Transportation for processing requests for Advisory rulings.
The department may issue advisory rulings pursuant to 5 M.R.S.A. ' 9001 concerning the applicability of any statute or rule which it administers to an existing factual situation. Advisory rulings will be issued at the department's discretion and only upon written request entitled as such. Each request will be individually reviewed to determine whether an advisory ruling is appropriate. The department may decline to issue an advisory ruling if the question is hypothetical, if there is insufficient experience upon which to base a ruling or for any other reason the department deems appropriate.
Requests for advisory rulings shall be in writing and designated as a request for an advisory ruling. All requests must set forth in detail the facts pertinent to the question. The department may require additional information as necessary to complete the factual background before its ruling.
All requests for advisory rulings will be promptly acknowledged by the department. Within ninety days after the acknowledgement, a ruling will be made or parties advised that a ruling will not be made together with the reasons therefor. Alternatively, the department may request additional information which is necessary to determine whether an advisory ruling is appropriate. All advisory rulings shall be written and entitled as such. They shall include a statement of facts or assumptions or both upon which the rulings are based.
Each completed advisory ruling will be mailed to the requesting party and a copy will be kept by the department in a file established for this purpose. All completed advisory rulings are public documents open to the public.
The Commissioner of the Department of Transportation is required by 5 M.R.S.A. 9001 to establish by rule the procedure for the submission, consideration, and disposition of requests for advisory rulings.
AUTHORITY: Maine Administrative Procedure-Act, 5 M.R.S.A. 9001.
EFFECTIVE DATE: Adopted as an emergency rule on April 3, 1979 and filed on April 5, 1979
Adopted as a regular rule on May 15, 1979 and filed on May 16, 1979
EFFECTIVE DATE (ELECTRONIC CONVERSION):April 24 , 1996