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Title 5. Administrative Procedures And Services
Title 9-a. Maine Consumer Credit Code
Title 9. Banks And Financial Institutions
Title 01. General Provisions
Title 02. Executive
Title 03. Legislature
Title 04. Judiciary
Title 05. Administrative Procedures And Services
Title 06. Aeronautics
Title 07. Agriculture And Animals
Title 08. Amusements And Sports
Title 09-a. Maine Consumer Credit Code
Title 09-b. Financial Institutions
Title 09. Banks And Financial Institutions
Title 10. Commerce And Trade
Title 11. Uniform Commercial Code
Title 12. Conservation
Title 13-a. Maine Business Corporation Act (heading. Pl 2001, C. 640, Pt. A, @1 (rp); Pt. B, @7 (aff))
Title 13-b. Maine Nonprofit Corporation Act
Title 13-c. Maine Business Corporation Act (heading. Pl 2001, C. 640, Pt. A, @2 (new); Pt. B, @7 (aff))
Title 13. Corporations
Title 14. Court Procedure -- Civil
Title 15. Court Procedure -- Criminal
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Title 17-a. Maine Criminal Code
Title 17. Crimes
Title 18-a. Probate Code
Title 18-b. Trusts (heading. Pl 2003, C. 618, Pt. A, @1 (new); @2 (aff) Effective 7-1-05)
Title 18. Decedents' Estates And Fiduciary Relations
Title 19-a. Domestic Relations (heading. Pl 1995, C. 694, Pt. B, @2 (new); Pt. E, @2 (aff))
Title 19. Domestic Relations (heading. Repealed 10-1-97 By Pl 1995, C. 694, Pt. B, @1 (rp); Pt. E, @2 (aff))
Title 20-a. Education
Title 20. Education
Title 21-a. Elections
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Title 22-a. Health And Human Services (heading. Pl 2003, C. 689, Pt. A, @1 (new))
Title 22. Health And Welfare
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Title 24-a. Maine Insurance Code
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Title 25. Internal Security And Public Safety
Title 26. Labor And Industry
Title 27. Libraries, History, Culture And Art
Title 28-a. Liquors (heading. Pl 1987, C. 45, Pt. A, @4 (new))
Title 28. Liquors (heading. Pl 1987, C. 45, Pt. A, @3 (rp))
Title 29-a. Motor Vehicles (heading. Pl 1993, C. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
Title 29. Motor Vehicles (heading. Pl 1993, C. 683, @1 (rp); Pt. B, @5 (aff))
Title 31. Partnerships And Associations
Title 32. Professions And Occupations
Title 33. Property
Title 34-a. Corrections
Title 34-b. Behavioral And Developmental Services (heading. Pl 1995, C. 560, Pt. K, @7 (rpr); 2001, C. 354, @3 (amd))
Title 34. Public Institutions And Corrections (heading. Pl 1983, C. 459, @5 (rp))
Title 36. Taxation
Title 37-a. Department Of Defense And Veterans Services
Title 37-b. Defense, Veterans And Emergency Management (heading. Pl 1997, C. 455, @9 (rpr))
Title 37. Veterans' Services
Title 38. Waters And Navigation
Title 39-a. Workers' Compensation (enacted By Pl 1991, C. 885, Pt. A, @8)
Title 39. Workers' Compensation (repealed By Pl 1991, C. 885, Pt. A, @7)
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Home > Statutes > Usa Maine
USA Statutes : maine
Title : Title 05. ADMINISTRATIVE PROCEDURES AND SERVICES
Chapter : Chapter 02. TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES (HEADING. PL 1985, c. 167 (new))
Title 5 - §21. Definitions

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES (HEADING: PL 1985, c. 167 (new))

§21. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1985, c. 167 (new).]

1. Legislative committee. "Legislative committee" means a joint standing committee of the Legislature, a joint select committee of the Legislature, a task force, commission or council or any other committee established by the Legislature and composed wholly or partly of Legislators for the purpose of conducting legislative business. [1985, c. 167 (new).]


2. Nonpartisan staff. "Nonpartisan staff" means the directors and staffs of the Office of Policy and Legal Analysis, the Office of Fiscal and Program Review, the Office of Revisor of Statutes, the Legislative Information Office and the Office of the Executive Director of the Legislative Council. [1985, c. 737, Pt. B, § 5 (amd).]


3. Own time. "Own time" means an employee's personal time or authorized leave time, earned as a condition of employment. [1985, c. 167 (new).]


4. State employee. "State employee" means any employee of an agency, independent agency or parts of agencies which receive support from the General Fund or that are established, created or incorporated by reference to the laws, except nonpartisan staff of the Legislature. [1989, c. 483, Pt. A, §5 (amd).]


5. Supervisor. "Supervisor" means a commissioner, bureau chief, director, manager or any other person who oversees or supervises state employees in their employment. [1985, c. 167 (new).]


6. Legislative inquiry. "Legislative inquiry" means any request made by a legislative committee or individual Legislator to a state employee for public information or the state employee's personal opinion. [1989, c. 483, Pt. A, §6 (new); c. 878, Pt. A, §8 (amd).]


Section History:
PL 1985,
Ch. 167,
§ (NEW).
PL 1985,
Ch. 737,
§B5 (AMD).
PL 1989,
Ch. 483,
§A5,A6 (AMD).
PL 1989,
Ch. 878,
§A8 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §22. Right to provide testimony

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES (HEADING: PL 1985, c. 167 (new))

§22. Right to provide testimony

State employees have the right to represent themselves and testify before a legislative committee on their own time. State employees have the right to respond to any legislative inquiry. A state employee who complies with this chapter shall not be denied the right to testify before a legislative committee. [1989, c. 483, Pt. A, §7 (amd).]

Section History:
PL 1985,
Ch. 167,
§ (NEW).
PL 1989,
Ch. 483,
§A7 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §23. Discharge of, threats to or discrimination against state employees for testimony presented to legislative committees

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES (HEADING: PL 1985, c. 167 (new))

§23. Discharge of, threats to or discrimination against state employees for testimony presented to legislative committees

A supervisor shall not discharge, threaten or otherwise discriminate against a state employee regarding the employee's compensation, terms, conditions, location or privileges of employment because the employee, in compliance with this chapter, testified before or provides information to a legislative committee. [1985, c. 167 (new).]

Section History:
PL 1985,
Ch. 167,
§ (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §24. Presentation of testimony and information

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES (HEADING: PL 1985, c. 167 (new))

§24. Presentation of testimony and information

1. Type of information. This chapter protects any state employee who, in compliance with this chapter, presents testimony or information relating to departments or agencies of State Government and which testimony or information pertains to:



A. Successes, failures or problems of current programs; [1985, c. 167 (new).]




B. Advantages, disadvantages or other relevant information about proposed programs; and [1985, c. 167 (new).]




C. The means of improving existing programs and alternatives to existing programs. [1985, c. 167 (new).]

[1985, c. 167 (new).]


Section History:
PL 1985,
Ch. 167,
§ (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §25. Exclusion of testimony and information from protection

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES (HEADING: PL 1985, c. 167 (new))

§25. Exclusion of testimony and information from protection

1. Liability of state employees. This chapter does not authorize the presentation to a legislative committee or protect any state employee who presents to a legislative committee the following:



A. Slander; and [1985, c. 167 (new).]




B. Libel. [1985, c. 167 (new).]

[1985, c. 167 (new).]


Section History:
PL 1985,
Ch. 167,
§ (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §26. Nonpartisan legislative staff

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES (HEADING: PL 1985, c. 167 (new))

§26. Nonpartisan legislative staff

Nonpartisan staff of the Legislature shall be subject to the policies and rules of the Legislative Council as these policies and rules relate to testifying or providing information to legislative committees. [1985, c. 167 (new).]

Section History:
PL 1985,
Ch. 167,
§ (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §27. Representatives of agencies and departments

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES (HEADING: PL 1985, c. 167 (new))

§27. Representatives of agencies and departments

1. Department testimony and information. Nothing in this chapter may be construed to prohibit a state employee from testifying before or present information to a legislative committee as a representative of a department or agency of State Government and who has been authorized by the commissioner or director of that department or agency to act in this capacity. [1985, c. 167 (new).]


2. Misrepresentations of state employees. Any state employee who represents himself as a spokesman or representative of a department or agency without the authorization of the commissioner or director of that organization shall not be protected by the provisions of this chapter and shall be subject to the penalty in subsection 3. [1985, c. 167 (new).]


3. Penalty. Any person who violates this section is guilty of a Class E crime. [1985, c. 167 (new).]


Section History:
PL 1985,
Ch. 167,
§ (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §28. Civil actions for injunctive relief or other remedies

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES (HEADING: PL 1985, c. 167 (new))

§28. Civil actions for injunctive relief or other remedies

A state employee who alleges a violation of his rights under this chapter may bring a civil action, including an action for injunctive relief, within 120 days after the occurrence of that alleged violation. The action may be brought in the Superior Court for the county where the alleged violation occurred, the county where the complainant resides or the county where the person against whom the civil complaint is filed resides. [1985, c. 167 (new).] div>
An employee shall establish each and every element of his case by a preponderance of the evidence. [1985, c. 167 (new).]

Section History:
PL 1985,
Ch. 167,
§ (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §29. Remedies ordered by court

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES (HEADING: PL 1985, c. 167 (new))

§29. Remedies ordered by court

A court, in rendering a judgment in an action brought pursuant to this chapter, may order reinstatement of this employee, the payment of back wages, full reinstatement of fringe benefits and seniority rights or any combination of these remedies. A court may also award the prevailing party all or a portion of the costs of litigation, including reasonable attorneys' fees and witness fees, if the court determines that the award is appropriate. [1985, c. 167 (new).]

Section History:
PL 1985,
Ch. 167,
§ (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §30. Penalties for violations

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES (HEADING: PL 1985, c. 167 (new))

§30. Penalties for violations

A person who violates sections 22, 23 and 24 is liable for a civil fine of $10 for each day of willful violation, which shall not be suspended. Any civil fine imposed under this section shall be submitted to the Treasurer of State for deposit to the General Fund. [1985, c. 167 (new).]

Section History:
PL 1985,
Ch. 167,
§ (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §31. Collective bargaining rights

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES (HEADING: PL 1985, c. 167 (new))

§31. Collective bargaining rights

This chapter shall not be construed to diminish or impair the rights of the State or respective bargaining agent under any collective bargaining agreement. [1985, c. 167 (new).]

Section History:
PL 1985,
Ch. 167,
§ (NEW).
PL 1985,
Ch. 378,
§2 (NEW).
PL 1985,
Ch. 737,
§A14 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §32. Jury trial; common-law rights

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES (HEADING: PL 1985, c. 167 (new))

§32. Jury trial; common-law rights

Any action brought under this chapter may be heard by a jury. Nothing in this chapter may be construed to derogate any common-law rights of an employee. [1985, c. 167 (new).]

Section History:
PL 1985,
Ch. 167,
§ (NEW).
PL 1985,
Ch. 378,
§2 (NEW).
PL 1985,
Ch. 737,
§A14 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 5 - §33. Bureau of Human Resources to inform supervisors and state employees

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 1: STATE DEPARTMENTS
Chapter 2: TESTIMONY PROVIDED BY STATE EMPLOYEES TO LEGISLATIVE COMMITTEES (HEADING: PL 1985, c. 167 (new))

§33. Bureau of Human Resources to inform supervisors and state employees

The Director of Human Resources is responsible for informing supervisors and state employees about the provisions of this chapter. The Director of Human Resources, at a minimum, shall distribute a sufficient number of copies of this chapter, which shall be visibly posted in all state buildings, in order to notify the greatest possible number of state employees about the provisions in this chapter. [1985, c. 785, Pt. B, § 9 (amd).] div>
The Director of Human Resources shall use the necessary means to instruct all supervisory personnel about the provisions in this chapter. [1985, c. 785, Pt. B, § 9 (amd).]

Section History:
PL 1985,
Ch. 167,
§ (NEW).
PL 1985,
Ch. 785,
§B9 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
 
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