12- 172 C.M.R. ch. 7, § 1 - Procedure for issuance of advisory rulings
A.
Advisory rulings may be made by the Commission with respect to the
applicability of any statute or rule administered by the commission or the
bureau.
B. All requests for
advisory rulings shall be made in writing and submitted to the director of
unemployment compensation 20 Union Street, Augusta, Maine. Such requests shall
state the facts and statutes or rules on which the ruling is
requested.
C. The director of
unemployment compensation may request from any person securing an advisory
ruling any additional information that is necessary. Failure to supply such
additional information shall be cause for the commission to decline to issue an
advisory ruling.
D. The commission
may decline to issue an advisory ruling if any administrative or judicial
proceeding is pending with the person requesting the ruling on the same factual
grounds. The commission may decline to issue an advisory ruling if such a
ruling may harm the commission's interest in any litigation in which it is or
may be a party.
E. All advisory
rulings shall be issued no later than 30 days from the date all information
necessary to make a ruling has been received by the director of unemployment
compensation.
F. No advisory ruling
shall be binding upon the commission provided that in any subsequent
enforcement action initiated by the commission, any person's reliance on such
ruling shall be considered in mitigation of any penalty sought to be
assessed.
Notes
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