Terms Used In Maine Revised Statutes Title 5 Sec. 90-S

  • Agency enforcement action: means an enforcement action initiated by an agency against a small business. See Maine Revised Statutes Title 5 Sec. 90-O
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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-O
  • Small 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
  • At the recommendation of the special advocate, the Secretary of State may issue a regulatory impact notice to the Governor informing the Governor that an agency has initiated an agency enforcement action that is likely to result in significant economic hardship to a small business, when an alternative means of enforcement was possible, and asking that the Governor take action, as appropriate and in a manner consistent with all applicable laws, to address the small business issues raised by that agency enforcement action. The regulatory impact notice may include, but is not limited to, a description of the role of the special advocate in attempting to resolve the issue with the agency, a description of how the agency enforcement action will affect the interests of the small business and a description of how an alternative enforcement action, when permitted by law, would relieve the small business of the significant economic hardship expected to result from the agency enforcement action. The Secretary of State shall provide a copy of the regulatory impact notice to the agency that initiated the agency enforcement action, the small business that made the complaint and the joint standing committee of the Legislature having jurisdiction over the agency. [PL 2011, c. 304, Pt. D, §2 (NEW).]
    SECTION HISTORY

    PL 2011, c. 304, Pt. D, §2 (NEW).