Code of Maine Rules
02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION
393 - BOARD OF EXAMINERS IN PHYSICAL THERAPY
Chapter 2 - GENERAL PROVISIONS
Section 393-2-1 - General Provisions

Universal Citation: 02 ME Code Rules ยง 393-2-1

Current through 2024-38, September 18, 2024

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.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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