06- 481 C.M.R. ch. 1, § 6 - Advisory rulings

A. Authority and Scope. The Board may issue an advisory ruling pursuant to 5 M.R.S.A. Section9001 concerning the applicability to an existing factual situation of any statutes or rules it administers. Each request must be reviewed individually by the Chairperson to determine whether an advisory ruling is appropriate. The Chairperson may decline the request for an advisory ruling when the question is hypothetical, if there is insufficient experience upon which to base the ruling, or for any other reason deemed proper. The denial of a request may be appealed to the Board within twenty (20) days following the denial.

B. Procedures for Processing of Requests for Advisory Rulings

(1) Submission. A request for an advisory ruling shall be submitted to the Chairperson in writing and shall set forth in detail all facts pertinent to the question. The Chairperson may require additional information as necessary to complete a factual background for a ruling of the Board.

(2) Acknowledgement. A request for an advisory ruling must be acknowledged by the Chairperson within ten (10) days of receipt. With thirty (30) days, the Chairperson shall provide notification that a request for ruling shall or shall not be presented to the Board, or the Chairperson may request additional information which is necessary to determine whether or not an advisory ruling is appropriate. An advisory ruling shall be in writing and shall include a statement of facts or assumptions, or both, upon which the ruling is based. The statement, without reference to other documents, shall be sufficiently detailed to allow understanding of the basis of the opinion. A ruling shall be rendered with the assent of three (3) members of the Board. An advisory ruling shall be signed by the Chairperson of the Board, shall be identified specifically as an advisory ruling, and shall be numbered serially.

(3) Disposition. An advisory ruling shall be mailed to the requesting party and a copy shall be kept by the Board. An advisory ruling is a public document and shall be available for public inspection at the Bureau of Remediation and Waste Management of the Department. In addition, the Board, as it deems appropriate, may otherwise publish or circulate an advisory ruling.

Notes

06- 481 C.M.R. ch. 1, § 6