Maine Revised Statutes

Me. Rev. Stat. tit. 35-A, § 104 (2026)

Implied powers

✓ current as of May 2026

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The provisions of this Title shall be interpreted and construed liberally to accomplish the purpose of this Title. The commission has all implied and inherent powers under this Title, which are necessary and proper to execute faithfully its express powers and functions specified in this Title. [PL 1987, c. 141, Pt. A, §6 (NEW).]

SECTION HISTORY

PL 1987, c. 141, §A6 (NEW).

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1991–2022 · leading case: Verizon New England, Inc. v. Pub. Utils. Comm'n, 875 A.2d 118 (Me. 2005).

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Verizon New England, Inc. v. Pub. Utils. Comm'n, 875 A.2d 118 (Me. 2005). “The PUC also has implied powers to carry out the purposes of Maine’s telecommunication laws: “The provisions of this Title shall be interpreted and construed liberally to accomplish the purpose of this Title.”

Bangor Hydro-Elec. Co. v. Pub. Utils. Comm'n, 589 A.2d 38 (Me. 1991). “” 35-A M.R.S.A. § 104 (1988); see also Cent.”

New England Tel. & Tel. Co. v. Pub. Utils. Comm'n, 1997 ME 222 (Me. 1997). “” 35-A M.R.S.A. § 104 (1988). In this case, the Commission exercised its authority in an effort to make telecommunications more affordable and lawfully resorted to the rulemaking process in order to achieve that objective.”

Quiland, Inc. v. Pub. Utils. Comm'n, 2008 ME 135 (Me. 2008). “The implied powers provision of 35-A M.R.S. § 104 (2007) is not implicated in this case because the relevant statutory sections unambiguously preclude the Commission from discretionarily excusing public utilities from the filing requirements of sections 304, 307, 308, and 309.”

Gen. Marine Constr. Corp. v. Pub. Utils. Comm'n, 2022 ME 20 (Me. 2022). · cites it 2× “See 35-A M.R.S. § 104 (2021) (“The commission has all implied and inherent powers under [Title 35-A], which are necessary and proper to execute faithfully its express powers and functions specified in this Title.”

Smith v. Cent. Maine Power Co. (Me. Super. Ct 2008). “Such a narrow interpretation is at odds with the liberal interpretation and construction that the Court must apply, according to 35-A MRSA § 104. Because the Court finds that CMR 65-407-910 controls, it is not necessary to resolve any ambiguity that might exist in the two…”

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