01-683 C.M.R. ch. 2, § 03 - DELEGATION OF AUTHORITY TO STAFF

A. BOARD FINDINGS

Pursuant to 5 M.R.S. §§6205(2), the Board finds that:

1. Management and administration of the Program is conducted between LMF Board meetings by LMF Staff under the responsibility of the Director. LMF Staff, therefore, are those most likely to receive requests for help and information from the Public, including potential Applicants, and have a high degree of familiarity with the particular circumstances surrounding such requests.

2. As LMF Staff manage a Project after the final award but before disbursement, they may learn of changes that alter the previously accepted fair market value that formed the basis for the Board's final award.

3. Delegating sufficient authority to LMF Staff to approve minor deviations from program requirements after the final award but before disbursement, provided that the authority is clearly described and defined, will eliminate a waiting period between the completion of the staff work and the next LMF board meeting.

4. The nature of the discretionary authority that may be conveyed would be such that LMF Staff may decide on the strict basis of the statutory criteria for approval contained in 5 M.R.S. §§ 6203-A, 6203-B, 6203-C, 6203-E, and 6203-F, and the policies, standards, and rules duly adopted by the Board.

B. DELEGATION OF AUTHORITY

1. the Board has the authority to develop policy(ies) for delegating authority to its staff, under the responsibility of the Director, including the authority to

a. Approve, approve with conditions, disapprove, or otherwise act on the following, provided they are routine in nature and do not raise significant policy issues:

(1) Reductions in land area of 10% or less of the original total project land area discovered following the Board's final award but prior to disbursement. This includes instances in multi-parcel projects, provided that the corresponding change to fair market value is also no greater than 10% and further provided that such changes maintain the statutorily required match ratio of at least 1:1.

(2) Changes in project scope discovered after the Board's final award but prior to disbursement that do not substantially affect public access, recreational opportunities, uses of the land, ecological or conservation attributes.

b. Extend the time limits for submission as provided in 2.02.

c. Exercise reasonable judgment after final award in determining when and whether all conditions for funding have been satisfied.

2. Notwithstanding the provisions of Sections 2.03, at the request of the Applicant or the discretion of the Board or the Director, any proposal, request, or matter may be forwarded to the Board for discussion, decision, guidance to staff, or directive to staff.

Notes

01-683 C.M.R. ch. 2, § 03