Code of Maine Rules
12 - Labor
12 172 - Maine Unemployment Insurance Commission
Chapter 7 - Advisory Rulings

Universal Citation: 12 ME Code Rules § 7

12 DEPARTMENT OF LABOR

172 MAINE UNEMPLOYMENT INSURANCE COMMISSION

Chapter 7: ADVISORY RULINGS

SUMMARY: This chapter provides the procedure for issuance of Advisory Rulings as required by the Administrative Procedure Act.

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.

STATUTORY AUTHORITY: 26 MRSA § 1082

EFFECTIVE DATE:

July 2, 1978 (Filed 10-6-78)

AMENDED:

August 10, 1981 - Sec. 7.1

NON-SUBSTANTIVE CORRECTIONS:

June 19, 2000 - converted to MS Word

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