The following describes the manner in which the board
conducts meetings, maintains certain records, issues advisory rulings and acts
on complaints.
A. Meetings. Meetings
may be called by the board Chairperson or a by a majority of the members of the
board as may be necessary for carrying out the business of the board. Meetings
shall be scheduled to allow sufficient time for advertising meetings. Any
member unable to attend a scheduled meeting must contact the board Chairperson
or the board's office as soon as possible. Any member of the public may attend
board meetings to hear the board's deliberations on board matters but may not
participate in board proceedings, unless acknowledged by the Chairperson or
listed on the agenda.
1. Agendas.
Board meeting agendas shall be prepared by the department
designee in conjunction with the board Chairperson. The agenda shall include
all business items requested by members of the board providing such request is
received by the board at least twelve days in advance of the meeting. Business
not included on the agenda may be considered following an affirmative vote of a
majority of the board members present. Meeting notices to the board shall be
sent to all members of the board at least ten days prior to the meeting date.
Upon request, meeting notices shall be sent to others deemed to have interest
in the business before the board.
B. Records. The department shall maintain a
record of all business conducted by the board and shall preserve, subject to
the provisions of 5 MRSA chapter 6, all books, documents and papers entrusted
to their care. Records shall be opened to public inspection subject to 1 MRSA
chapter 13. Delays in making records available for inspection may be occasioned
by action necessary to preserve the security of records, to obtain legal
advice, or to prevent disrupting regular business activities and for these
reasons it is recommended that written requests be submitted at least three
business days in advance of anticipated inspection. Access to written
communication with the Department of the Attorney General, criminal history
records, materials relating to license examinations, pending complaints, and
other records may be restricted subject to 1 MRSA chapter 13 and/or other
applicable laws.
C. Advisory
Rulings.
1. Authority and Scope. The board
may issue rulings pursuant to 5 MRSA section900 l, concerning the applicability
of any statute or rule it administers to an existing factual situation.
Advisory rulings will be issued at the board's discretion and only upon written
request. Each request will be individually reviewed to determine whether an
advisory ruling is appropriate. The board may decline to issue an advisory
ruling when the question is hypothetical, there is not sufficient experience
upon which to base a ruling, or for any other reason the board deems proper. An
advisory ruling is not legally binding upon the board pursuant to
5 MRSA
section9001 of the Administrative Procedure
Act.
2. Submission. Requests for
advisory rulings shall be in writing and shall set forth in detail all facts
pertinent to the question. The board may require additional information as
necessary to complete a factual background for its ruling.
3. Acknowledgment. All requests for advisory
rulings will be acknowledged by the board within fifteen days. Within sixty
days of acknowledgment, the board shall state whether a ruling will be given.
Alternatively, the board may request additional information which is necessary
to determine whether an advisory ruling is appropriate.
4. Rulings. All advisory rulings shall be in
writing and shall include a statement of the facts or assumptions, or both,
upon which the ruling is based. The statement shall be sufficiently detailed to
allow understanding of the basis of the opinion without reference to other
documents. Advisory rulings shall be signed by the Chairperson of the board and
shall be numbered in an appropriate serial manner.
5. Disposition. Each completed advisory
ruling will be mailed to the requesting party and a copy will be kept by the
board in a file or binder established for this purpose. All completed advisory
rulings are public documents and shall be available for public inspection
during regular business hours. In addition, the board may otherwise publish or
circulate any advisory ruling as it deems appropriate.
D. Hearings. Hearings shall be conducted in
accordance with applicable requirements of the Maine Administrative Procedure
Act, 5 MRSA chapter 375, section 8001, et seq.
