Code of Maine Rules
12 - DEPARTMENT OF LABOR
181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP
Chapter 3 - RULES RELATING TO LABOR STANDARDS FOR CERTIFICATION OF PRE-APPRENTICESHIP TRAINING PROGRAMS
Section 181-3-1.9 - Advisory Rulings
Current through 2024-38, September 18, 2024
A. Advisory rulings may be made with respect to the applicability of any statute or rule administered by the Maine Apprenticeship Program to an interested person or their property or actual state of facts.
B. An interested person means any pre-apprentice or certified pre-apprenticeship sponsor over whom the Maine Apprenticeship Program 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 Apprenticeship, Bureau of Employment Services, State House Station #55, Augusta, ME 04333-0055. Such requests shall state the facts and statutes or rules on which the ruling is requested.
D. The Director of Apprenticeship 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 Director of Apprenticeship to decline to issue an advisory ruling.
E. The Director of Apprenticeship 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 Director of Apprenticeship may also decline to issue an advisory ruling if such ruling may harm the Bureau of Employment Services or the Department of Labor'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 Apprenticeship.
G. No advisory ruling shall be binding upon the Director of Apprenticeship, Bureau Director or the Maine Department of Labor provided that in any subsequent enforcement action initiated by the Director of Apprenticeship, any person's reliance on such a ruling shall be considered in mitigation of any penalty sought to be assessed.
