Maine Revised Statutes

Me. Rev. Stat. tit. 5, § 9001 (2026)

Advisory rulings

✓ current as of May 2026

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1. Written request. Upon written request of any interested person, an agency may make an advisory ruling with respect to the applicability of any statute or rule administered by that agency to the person or the person's property or actual state of facts.

[RR 2023, c. 2, Pt. B, §78 (COR).]

2. Rules written. All advisory rulings shall be in writing.

[PL 1977, c. 551, §3 (NEW).]

3. Advisory ruling not binding. An advisory ruling shall not be binding upon an agency, provided that in any subsequent enforcement action initiated by the agency which made the ruling, any person's justifiable reliance upon the ruling shall be considered in mitigation of any penalty sought to be assessed.

[PL 1977, c. 551, §3 (NEW).]

4. Advisory rulings. Each agency shall prescribe by rule, in accordance with section 8051, the procedure for the submission, consideration and disposition of requests for advisory rulings. In issuing an advisory ruling, the agency need not comply with the requirements of subchapters II or IV.

[PL 1977, c. 551, §3 (NEW).]

SECTION HISTORY

PL 1977, c. 551, §3 (NEW). RR 2023, c. 2, Pt. B, §78 (COR).

Notes of Decisions

Cited in 8 cases (3 in the last 5 years), 1986–2024 · leading case: Nelson v. Bayroot, LLC, 953 A.2d 378 (Me. 2008).

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Nelson v. Bayroot, LLC, 953 A.2d 378 (Me. 2008). “Although an advisory ruling is normally not binding on the Commission, see 5 M.R.S. § 9001(3) (2007); 4 C.M.R. 04 061 004-2 § 4.”

Help-U-Sell, Inc. v. Maine Real Est. Comm'n, 611 A.2d 981 (Me. 1992). · cites it 2× “” Under Chapter 310, section 1 of the Maine Real Estate Commission Rules, “[t]he Commission may issue an advisory ruling pursuant to 5 M.R.S.A. § 9001 concerning the applicability to an existing factual situation of any statutes or rules it administers.”

Annable v. Bd. of Env't Prot., 507 A.2d 592 (Me. 1986). “…note to 1983 amend., Me. Rptr., 459-466 A.2d XLII; M.R.Civ.P. 80C advisory committee’s note, id., at XLVII. 6 . See 5 M.R.S.A. § 9001 (1979).”

Cent. Maine Power Co. v. Pub. Utils. Comm'n, 2014 ME 56 (Me. 2014). “See 5 M.R.S. § 9001 (2013). We will not disturb the Commission’s decision to require CMP to remedy its misallo-cation of deposits between the separate receivables accounts in these circumstances.”

Somerset Tel. Co. v. State Tax Assessor, 2021 ME 26 (Me. 2021). “It later filed an amended 2013 return on which it listed an adjusted federal taxable income that had been reduced by the TDS Group’s 2012 $131 million net operating loss, resulting in a decreased (but still positive) Maine taxable income and decreased tax liability.”

Hans Utsch et al. v. Dep't of Env't Prot., 2024 ME 10 (Me. 2024). · cites it 4× “See 5 M.R.S. § 9001(1)-(4) (2023); 06-096 C.M.”

Utsch v. Maine Dep't of Env't Prot. (Me. Super. Ct 2022). “See 5 M.R.S. § 9001 and 06-096 C.M.R. Ch. 2, § 4.”

Nelson v. Maine Land Use Reg. Comm'n (Me. Super. Ct 2007). “The LURC decision also states in paragraph 12, "In September of 2004, 4 5 M.R.S.A. § 9001 grants the authority to agencies to, upon request, make advisory rulings.”

— Me. Rev. Stat. tit. 5, § 9001(1) — 2 cases

Help-U-Sell, Inc. v. Maine Real Est. Comm'n, 611 A.2d 981 (Me. 1992). “” Under Chapter 310, section 1 of the Maine Real Estate Commission Rules, “[t]he Commission may issue an advisory ruling pursuant to 5 M.R.S.A. § 9001 concerning the applicability to an existing factual situation of any statutes or rules it administers.”

Hans Utsch et al. v. Dep't of Env't Prot., 2024 ME 10 (Me. 2024). “See 5 M.R.S. § 9001(1)-(4) (2023); 06-096 C.M.”

— Me. Rev. Stat. tit. 5, § 9001(3) — 1 case

Nelson v. Bayroot, LLC, 953 A.2d 378 (Me. 2008). “Although an advisory ruling is normally not binding on the Commission, see 5 M.R.S. § 9001(3) (2007); 4 C.M.R. 04 061 004-2 § 4.”

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