Current through 2024-51, December 18, 2024
Section 389-1-2 - ADOPTION, AMENDMENT AND INTERPRETATIONA. The Director of Human Resources shall prepare, amend, and adopt rules in accordance with requirements of Civil Service Law and the Maine Administrative Procedure Act. New or amended rules will be adopted only after public hearing. Public notice will be made at least twenty days prior to this hearing and again, in the same newspapers, not more than ten nor less than seven days before the hearing.B. Any person may propose a new rule or amendment to an existing rule by filing a petition in proper format with the Director of Human Resources. Notification of the disposition of each petition filed will be made within sixty days.C. Copy of each rule or amendment adopted will be provided to: 1. All State Government agencies.2. The Attorney General, for review and approval.3. The Secretary of State for record; and inspection by and distribution to the public.4. The general public upon request, and upon payment of actual cost of material requested.D. Routine interpretation or clarification of any rule or statute administered by the Director of Human Resources will be provided upon request. Requests for routine interpretation or clarification need not be in writing. Where a more authoritative interpretation is needed or desired in order to better understand the applicability of the law and rules to a particular circumstance, or set of circumstances, the Director of Human Resources may offer or provide interpretation through advisory ruling. Requests for advisory ruling must be in writing and provide clear and full description of the basis for this request. Advisory ruling, if made, will also be in writing. All advisory rulings will reflect only a best opinion in consideration of the particular circumstance(s) and the intent and practice of law and rules then in effect. In no case will an advisory ruling be legally binding upon the Director of Human Resources or this agency.
E. Personnel actions taken prior to the effective date of new or amended rules shall be governed by the rules in operation on the effective date of the action unless such rule or amendment is by its own terms retroactive.18- 389 C.M.R. ch. 1, § 2