12-702-1 Me. Code R. § XVI

Current through 2024-51, December 18, 2024

Section 702-1-XVI - [Effective 1/1/2025] Advisory Rulings

A. Advisory rulings may be made by the program with respect to the applicability of any statute or rule administered by the program.

B. All requests for advisory rulings shall be made in writing and submitted to the director of the Paid Family and Medical Leave Program, 50 State House Station Augusta, Maine. The request must include the following:

1. The name, address, and telephone number of the person requesting the ruling;

2. Facts that establish the substantial interest of the requesting person to the program with respect to which the ruling is requested;

3. The statute or rule of which an interpretation is requested;

4. All facts that are necessary to issue the advisory ruling;

5. All assumptions that relate to the advisory ruling; and

6. A statement indicating whether to the requester's knowledge, the issue upon which an advisory ruling is sought is the subject of a pending matter with respect to adjudication of claims for benefits, application for substitution of private plans, enforcement of penalties including revocation of substitution regarding private plans, a pending appeal to which the requested person is an aggrieved party or a prior advisory ruling.

C. The director of the program 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 program to decline to issue an advisory ruling.

D. Issuance of advisory rulings by the program is discretionary and will be determined on a case-by-case basis. The program shall either issue a written advisory ruling or notify the requester of the reasons that an advisory ruling will not be rendered no later than 60 days from the date all information necessary to make a ruling was submitted to the director of the program.

E. The program 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 program may decline to issue an advisory ruling if such a ruling may harm the program interest in any litigation in which it is or may be a party.

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

12-702 C.M.R. ch. 1, § XVI