Code of Maine Rules
12 - DEPARTMENT OF LABOR
179 - BOARD OF OCCUPATIONAL SAFETY AND HEALTH
Chapter 1 - PROCEDURAL RULES
Section 179-1-12 - ADVISORY RULINGS

A. Advisory rulings may be made with respect to the applicability of any statute or rule administered by the Board to an interested person or his property or actual state of facts.

B. An interested person means any person over whom the Board has authority to inspect and enforce its safety standards.

C. All requests for advisory rulings shall be made in writing and submitted to the Director of the Bureau of Labor, State Office Building, Augusta, Maine. Such requests shall state the facts and statutes or rules on which the ruling is requested.

D. The Director of the Bureau of Labor may request from any person seeking an advisory ruling any additional information that is necessary. Failure to supply such additional information shall be cause for the Board to decline to issue an advisory ruling.

E. The Board may decline to issue an advisory ruling if a citation or penalty has been issued against the person requesting the ruling on the same factual grounds. The Board may also decline to issue an advisory ruling if such a ruling may harm the Board's interest in any litigation in which it is or may be a party.

F. All advisory rulings shall be issued, in writing no later than 30 days from the date all information necessary to make a ruling has been received by the Director of the Bureau of Labor.

G. No advisory ruling shall be binding upon the Board provided that in any subsequent enforcement action initiated by the Board, any person's reliance on such a ruling shall be considered in mitigation of any penalty sought to be assessed.