§13058. Duties and responsibilities of commissioner

Link to law: http://legislature.maine.gov/legis/statutes/5/title5sec13058.html
Published: 2015

§13058. Duties and responsibilities of commissioner






The department shall be administered by the commissioner. The commissioner shall
have the following powers and duties. [1987, c. 534, Pt. A, §§17, 19 (NEW).]








1. Employ and remove staff. 
The commissioner shall employ and remove staff of the department. Persons employed
in major policy-influencing positions, as defined in section 934-A, and professional
staff whose positions were formerly located in the State Development Office serve
at the pleasure of the commissioner. The office directors serve at the pleasure of
the commissioner.





A. All professional positions that are unclassified positions and members of bargaining
units and are transferred to the department from units of State Government other than
the State Development Office retain their current status, including their rights as
members of bargaining units. The position responsible for the administration of the
tax incentive programs and classified, clerical and other nonprofessional staff must
be hired pursuant to the Civil Service Law for classified state employees. [2005, c. 425, §4 (AMD).]










B. The commissioner may employ or engage such outside technical or professional consultants
as may be necessary or appropriate to assist the office in carrying out its functions
and may enter into contracts with other boards, commissions, departments and divisions
of the State, with the University of Maine System or with private entities to assist
the commissioner in carrying out the commissioner's duties under this chapter. [2005, c. 425, §4 (AMD).]







[
2005, c. 425, §4 (AMD)
.]








2. Accept federal funds. 
The commissioner may accept for the State any federal funds appropriated under any
federal law relating to the authorized programs of the department, including community
and economic development in those nonentitlement areas and for those projects duly
authorized under the United States Housing and Community Development Act of 1974,
Title 1, and its subsequent amendments. The commissioner may undertake the necessary
duties and tasks to implement federal law with respect to the authorized programs
of the department.





A. The commissioner may accept for the department any funds from any other agency of
government, individual, group, foundation or corporation to carry out this chapter,
including fees designated by the commissioner for books, brochures, pamphlets, films,
photos, maps and similar materials. A revolving fund is established within the department
for the use of the department to cover the printing and distribution costs of these
materials. Income from the sale of publications shall be credited to the revolving
fund to be used as a continuing carrying account to carry out the purposes of the
revolving funds. [1987, c. 534, Pt. A, §§17, 19 (NEW).]







[
1987, c. 534, Pt. A, §§17, 19 (NEW)
.]








2-A. Accept grants. 
The commissioner may accept grant funds from other public or private sources to
be used to carry out the duties of the department.


[
1989, c. 875, Pt. E, §7 (NEW)
.]








3. Hold hearings and adopt rules. 
The commissioner may hold hearings and adopt rules, in accordance with the Maine
Administrative Procedure Act, with respect to the implementation of authorized programs of the department.





A. The commissioner may adopt rules to distribute funds or assistance under the United
States Housing and Community Development Act of 1974, Title 1, and its subsequent
amendments. The rules must be consistent with the annual final statement for the State Community Development
Program submitted to the Federal Government. The department shall give notice in
writing of any such rules to the joint standing committee of the Legislature having
jurisdiction over appropriations and financial affairs at least 20 days before the
hearing, as stipulated in the Maine Administrative Procedure Act, or before the deadline for comments if no hearing is scheduled. [RR 2015, c. 1, §3 (COR).]







[
RR 2015, c. 1, §3 (COR)
.]








4. Coordinate programs and services. 
The commissioner shall coordinate the programs and services of the department.
The commissioner shall coordinate the department's programs and services with those
programs and services of other state agencies and regional planning and economic development
organizations.


[
1987, c. 534, Pt. A, §§17, 19 (NEW)
.]








5. Review of program; report to Governor and Legislature. 
The commissioner shall review and evaluate the programs and functions of the department
and the operation of the economic delivery system using the information available from the economic development evaluation pursuant
to section 13056-A. The commissioner shall report the commissioner's findings and recommendations with
respect to the issues described in this subsection to the Governor and to the Legislature
no later than February 1st of each first regular session of the Legislature. The
commissioner shall conduct the review and evaluation with respect to the following:





A. The purpose of these programs and the degree to which the purpose is being met; [1993, c. 349, §14 (RPR).]










B. The degree of significance of the purpose of the programs and functions of the department; [1993, c. 349, §14 (RPR).]










C. The extent of the coordination of programs and services as required in subsection
4; [1993, c. 349, §14 (RPR).]










D. The needs, problems and opportunities that are not being met by the programs and services
of the department; [1993, c. 349, §14 (RPR).]










E. The types of programs and services necessary to meet the needs, problems and opportunities
as set out in paragraph D; [1993, c. 349, §14 (RPR).]










F. The problems and successes in the economic delivery system; [1993, c. 349, §14 (RPR).]










G. The state of small business in this State, including economic data, the effectiveness
of state programs to aid small business, problems of small business that may be affected
by state policies and such other information on small business as desired by the commissioner; [1993, c. 349, §14 (RPR).]










H. Within available resources, the extent of business growth and change, including business
expansions, new businesses and business closings; [1999, c. 776, §4 (AMD).]










I. Within available resources, the status of investments in business in the State; and [1999, c. 776, §4 (AMD).]










J. The extent to which the purposes of the Maine Downtown Center are being met. [1999, c. 776, §5 (NEW).]







[
2009, c. 337, §3 (AMD)
.]








6. Responsible for oversight. 
The commissioner shall be responsible for the oversight and implementation of the
following:





A. A program of assistance to encourage business development pursuant to subchapter II; [1987, c. 534, Pt. A, §§17, 19 (NEW).]










B. Community development programs; [1987, c. 534, Pt. A, §§17, 19 (NEW).]










C. A program of tourism promotion and development; [1987, c. 534, Pt. A, §§17, 19 (NEW).]










D. The promotion of Maine products and Maine as an investment opportunity; [1987, c. 534, Pt. A, §§17, 19 (NEW).]










E. A foreign trade zone program; and [2001, c. 703, §2 (AMD).]










F. The Business Assistance Referral and Facilitation Program, pursuant to section 13063. [2001, c. 703, §2 (AMD).]










G.
[2001, c. 703, §3 (RP).]







[
2001, c. 703, §§2, 3 (AMD)
.]








7. Commissioner to coordinate programs. 




[
2003, c. 673, Pt. M, §3 (RP)
.]








8. Dependent care services. 




[
2003, c. 673, Pt. M, §4 (RP)
.]








9. Designate and certify local and regional organizations. 
The commissioner may designate and certify competent local and regional economic
development organizations to implement state programs and services in whole or in
part.





A. The commissioner may assist in forming regional planning commissions and councils
of governments and may assist with financing the cost of operation of the regional
planning commissions established under Title 30, chapter 204-A, subchapter III, and
councils of governments empowered under Title 30, chapter 204-A, subchapter II. [1987, c. 534, Pt. A, §§17, 19 (NEW).]










B. The commissioner shall adopt rules with respect to standards and criteria for local
and regional agencies to be certified and evaluate local and regional organizations
in regard to the implementation of these programs and services. [1987, c. 534, Pt. A, §§17, 19 (NEW).]







[
1987, c. 534, Pt. A, §§17, 19 (NEW)
.]








10. Assistance to municipalities to generate economic growth. 
The commissioner shall administer a program of assistance to municipalities to generate
jobs and business development. Potential uses of this money include infrastructure
development, planning and technical assistance, marketing and other types of capacity
building.





A. This program may consist of a fund consisting of money derived from any general
obligation bonds issued for the purposes of generating economic development and jobs.
This fund with money not exceeding $1,000,000 shall be administered by the Department
of Economic and Community Development to provide assistance as defined in this subsection.
Money available for the purpose of this subsection shall not be used to provide financial
assistance to business. [1987, c. 769, Pt. A, §19 (NEW).]










B.
[1995, c. 462, Pt. A, §11 (RP).]







[
1995, c. 462, Pt. A, §11 (AMD)
.]








10-A. Maine Downtown Center. 




[
1999, c. 790, Pt. R, §1 (RP)
.]








11. Federally mandated programs. 



[
1989, c. 875, Pt. M, §§4, 13 (RP)
.]








12. Energy conservation standards. 




[
1989, c. 875, Pt. M, §§4, 13 (RP)
.]








13. Approval or denial of certificates. 



[
1989, c. 875, Pt. M, §§4, 13 (RP)
.]








14. Preparation of manual. 




[
1989, c. 875, Pt. M, §§4, 13 (RP)
.]








15. Review and inspection. 




[
1989, c. 875, Pt. M, §§4, 13 (RP)
.]








16. Administration of state standards. 




[
1989, c. 875, Pt. M, §§4, 13 (RP)
.]








17. Rule-making authority. 




[
1989, c. 875, Pt. M, §§4, 13 (RP)
.]








18. Commissioner's designee. 
When the commissioner is explicitly empowered by statute to appoint a designee to
replace the commissioner on any board, commission or similar body, none of which have
a termination date, and the commissioner appoints a designee, the commissioner shall
appoint that designee from within the commissioner's department. The commissioner
shall make this designee known to the appointing authority and to the chair of the
body to which the appointment is made, if that body exists at the time of appointment.
The designee is the only person who may fill that appointee position until a successor
is designated through the same appointment procedure.


[
1995, c. 688, §7 (NEW)
.]








19. Coordinate assessment of transportation needs related to economic development projects. 
The commissioner shall coordinate the activities of the department, the Department of Agriculture, Conservation and Forestry, the Department of Transportation and regional planning and economic development
organizations to ensure that the location of rail lines, potential use of passenger
and freight rail and costs of transportation improvements related to development are
considered during initial planning and locating of projects reviewed by the commissioner
in administering economic development programs under this chapter.


[
2011, c. 655, Pt. JJ, §3 (AMD);
2011, c. 655, Pt. JJ, §41 (AFF);
2011, c. 657, Pt. W, §5 (REV)
.]





SECTION HISTORY

1987, c. 534, §§A17,A19 (NEW).
1987, c. 769, §A19 (AMD).
1989, c. 501, §DD16 (AMD).
1989, c. 857, §44 (AMD).
1989, c. 875, §§E7,L3,4,M4 ,13 (AMD).
1993, c. 349, §14 (AMD).
1995, c. 462, §A11 (AMD).
1995, c. 688, §7 (AMD).
1997, c. 530, §A34 (AMD).
1999, c. 776, §§4-6 (AMD).
1999, c. 790, §R1 (AMD).
2001, c. 703, §§2,3 (AMD).
2003, c. 498, §1 (AMD).
2003, c. 673, §§M3,4 (AMD).
2005, c. 425, §4 (AMD).
2009, c. 337, §3 (AMD).
2011, c. 655, Pt. JJ, §3 (AMD).
2011, c. 655, Pt. JJ, §41 (AFF).
2011, c. 657, Pt. W, §5 (REV).
RR 2015, c. 1, §3 (COR).
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