Maine Revised Statutes Title 5 Sec. 90-R – Powers and duties of the special advocate
Current as of: 2023 | Check for updates
|
Other versions
1. General advocacy. The special advocate may advocate generally on behalf of small business interests by commenting on rules proposed under chapter 375, testifying on legislation affecting the interests of small businesses, consulting with agencies having enforcement authority over business matters and promoting the services provided by the special advocate.
[PL 2011, c. 304, Pt. D, §2 (NEW).]
Terms Used In Maine Revised Statutes Title 5 Sec. 90-R
- Agency enforcement action: means an enforcement action initiated by an agency against a small business. See Maine Revised Statutes Title 5 Sec. 90-O
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Complaint: means a request to the special advocate for assistance under section 90?Q. See Maine Revised Statutes Title 5 Sec. 90-O
- Regulatory impact notice: means a written notice from the Secretary of State to the Governor as provided in section 90?S. See Maine Revised Statutes Title 5 Sec. 90-O
- Significant economic hardship: means a hardship created for a small business by a monetary penalty or license suspension or revocation imposed by an agency enforcement action that appears likely to result in the:
A. See Maine Revised Statutes Title 5 Sec. 90-OSmall business: means a business having 50 or fewer employees in the State. See Maine Revised Statutes Title 5 Sec. 90-O Special advocate: means the person appointed pursuant to section 90?P. See Maine Revised Statutes Title 5 Sec. 90-O
2. Advocate on behalf of an aggrieved small business. Upon receipt of a complaint requesting assistance under section 90?Q, the special advocate may:
A. Consult with the small business that filed the complaint and with the staff in the agency that initiated the agency enforcement action to determine the facts of the case; [PL 2011, c. 304, Pt. D, §2 (NEW).]
B. After reviewing the complaint and discussing the complaint with the small business and the agency that initiated the agency enforcement action, determine whether, in the opinion of the special advocate, the complaint arises from an agency enforcement action that is likely to result in a significant economic hardship to the small business; [PL 2011, c. 304, Pt. D, §2 (NEW).]
C. If the special advocate determines that an agency enforcement action is likely to result in a significant economic hardship to the small business, seek to resolve the complaint through consultation with the agency that initiated the agency enforcement action and the small business and participation in related regulatory proceedings in a manner allowed by applicable laws; and [PL 2011, c. 304, Pt. D, §2 (NEW).]
D. If the special advocate determines that an agency enforcement action applies statutes or rules in a manner that is likely to result in a significant economic hardship to the small business, when an alternative means of effective enforcement is possible, recommend to the Secretary of State that the secretary issue a regulatory impact notice to the Governor. [PL 2011, c. 304, Pt. D, §2 (NEW).]
[PL 2011, c. 304, Pt. D, §2 (NEW).]
SECTION HISTORY
PL 2011, c. 304, Pt. D, §2 (NEW).