A. 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.
