01-026 C.M.R. ch. 80, § 2 - Board Response
A.
Refusal to
issue ruling. The Board of Pesticides Control may refuse to issue an
advisory ruling if it may harm its interest in any litigation wherein it is or
may become a party.
B.
Ruling
in writing within 60 days. An advisory ruling shall be in writing and
issued no more than 60 days from the date when all information necessary for
the ruling has been received by the Board of Pesticides Control.
C.
Advisory ruling not binding.
An advisory ruling shall not be binding upon the Board of Pesticides Control,
provided that in any subsequent enforcement action initiated by the Board of
Pesticides Control, any person's justifiable reliance upon the ruling shall be
considered in mitigation of any penalty sought to be assessed.
Notes
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