02-285-1 Me. Code R. § 2
The Board may issue rulings pursuant to 5 MRSA §900 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 insufficient experience upon which to base a ruling, or for any other reason the Board deems proper. Pursuant to 5 MRSA §9001 of the Administrative Procedure Act, an advisory ruling is not legally binding upon the Board.
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.
The Board will acknowledge all requests for advisory rulings within fifteen (15) days. Within sixty (60) 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.
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.
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.
02-285 C.M.R. ch. 1, § 2