reglab/statecodes huggingface dataset:
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 10 - PERFORMANCE APPRAISAL AND TRAINING › Section 389-10-1 - NATURE AND BASIS OF PERFORMANCE APPRAISAL RATING

Current through 2024-29, July 17, 2024
A. Performance Standards
Standards of performance established as basis for service
				  ratings shall have reference to the quality and quantity of work done, the
				  manner in which service is rendered, the faithfulness of employees to their
				  duties and such other characteristics as will measure the value of the employee
				  to the service.
B. Notice
Each employee in the classified service shall be notified by
				  the appointing authority of his/her service rating at the time of such rating
				  with a view to being afforded opportunity for correcting obvious
				  weaknesses.
C. Accuracy of
				Ratings
The Director of Human Resources may investigate the accuracy
				  of reports of ratings and may take action to secure the adjustment of the
				  ratings to conform to the facts as ascertained. It shall be the duty of the
				  Director to provide for uniformity of application of the standards by different
				  rating officers.
D.
				Availability of Records
The reports and records on which the ratings of each employee
				  are based may be inspected by the employee or his/her duly authorized
				  representative, by the appointing authority of the employee, and at the
				  discretion of the Director of Human Resources, by any other appointing
				  authority who is considering a transfer of the employee to his/her own
				  jurisdiction. Such ratings, reports, and records shall not be open to
				  inspection by any other persons outside the department.
NOTE 1: Under authority and specific requirement of these
				  Public Laws, the Performance Appraisal System prescribed has application to all
				  employees, classified or unclassified.
NOTE 2: Under authority and specific requirement of these
				  Public laws, the Performance Appraisal System prescribed provides:
1. Current and formal record of actual work
				accomplishments and the relationship of these accomplishments to job
				performance expectations; and
2.
				Basis for recommendations and decisions concerning awards/denials of merit
				increase awards.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 10 - PERFORMANCE APPRAISAL AND TRAINING › Section 389-10-2 - TRAINING PROGRAMS

Current through 2024-29, July 17, 2024
Appointing authorities, with the approval of the Director of
				  Human Resources, may establish intern or apprenticeship training programs.
				  Salaries of such interns or apprentices may be set by the appointing authority
				  with the approval of the Director.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 11 - HOLIDAYS, LEAVES OF ABSENCE AND RELATED COMPENSATION PRACTICES › Section 389-11-1 - HOLIDAYS

Current through 2024-29, July 17, 2024
A.
Holiday Schedule
The following and any other days designated by the governor,
				  or under authority of the Governor, are holidays; and compensatory time off
				  shall be allowed for work done on these days except where cash payment is
				  allowed under the approved work schedule/regulations of a given department or
				  agency:
New Year's Day
Labor Day
Washington's Birthday
Columbus Day
Patriot's Day
Veteran's Day
Memorial Day
Thanksgiving Day
Independence Day
Christmas Day
B.
Special Provisions/Requirements
1. When a holiday falls on a Sunday, the
				following Monday shall be observed as the holiday.
NOTE: When a holiday falls on a Saturday, the preceding
				  Friday shall be observed as the holiday.
2. Employees shall be eligible for holiday
				pay only if they were in pay status on the normal work day immediately
				preceding the holiday for which payment is to be made.
NOTE: Civil Service policy developed subsequent to this rule
				  further requires that employees be in pay status for all or part of the normal
				  work day immediately following the holiday.
3. Employees holding part-time permanent or
				part-time seasonal positions shall be eligible for holiday or part holiday pay
				only if the holiday falls on a regularly scheduled day of work.
4. When a holiday falls on the regularly
				assigned day off for an employee, such employee shall be compensated by
				equivalent time off, or by cash payment in accordance with the approved work
				schedule/regulations of a given department or agency.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 11 - HOLIDAYS, LEAVES OF ABSENCE AND RELATED COMPENSATION PRACTICES › Section 389-11-2 - LEAVES OF ABSENCE WITH PAY

Current through 2024-29, July 17, 2024
A.
General
				Regulations
1. Authorization in
				Advance. So far as practicable, written grants of leave with pay shall be made
				prior to the beginning of the periods of absence, and no payment for any
				absence shall be made until the leave is properly approved by the appointing
				authority.
2. Charges Against
				Credits Earned
a. Deductions from leave
				accumulations for an employee on leave with pay shall be made on a working-day
				basis.
b. No charges against leave
				with pay accumulations shall be made for holidays, non-work days, or non-work
				part days occurring at the beginning or during a period of leave with
				pay.
c. No charge shall be made for
				holidays or non-work days occurring at the end of a period of leave with pay if
				the employee returns to work on the first day thereafter or is granted
				additional leave.
3.
				Credits Earned While on Leave. Accrual of vacation leave and sick leave during
				the period of leave of absence with pay shall occur only if the employee
				returns to his employment on the first working day following the expiration of
				such leave with pay or is granted additional leave without pay.
4. Agency Records. Appointing authorities
				shall maintain records of vacation and sick leave accrued and used by each of
				their employees. Such records shall be maintained in the form and manner
				approved by the Director of Human Resources, and shall be subject to audit by
				the Bureau of Human Resources. In case of dispute of the accuracy of the
				records, the decision of the Director shall be final.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 11 - HOLIDAYS, LEAVES OF ABSENCE AND RELATED COMPENSATION PRACTICES › Section 389-11-3 - LEAVES OF ABSENCE WITHOUT PAY

Current through 2024-29, July 17, 2024
A.
Personal
				Leave
Permanent employees may be allowed to be absent from duty
				  without pay for a period not exceeding a total of twelve months in any fourteen
				  consecutive months on the basis of applications for leave without pay approved
				  by their respective appointing authorities and the Director of Human Resources
				  under the following conditions:
1.
				Such leave shall be granted only when it will not result in undue prejudice to
				the interests of the state as an employer beyond any benefits to be realized.
				An application for leave of absence for military school, travel or study
				calculated to equip the employee to render more effective service to the state
				may be deemed to involve such compensating benefits to be measured against the
				loss or prejudice to the interests of the state involved in keeping open the
				position or filling it temporarily until the return of the employee.
2. No such leave shall be granted primarily
				in the interests of the employee, except in the case of an employee who is
				shown by record of service ratings or by other evidence, to be of more than
				average value to the state, whose services it is desirable to retain, even at
				some sacrifice.
3. The Director of
				Human Resources shall refuse to approve any proposed leave without pay which is
				judged to be contrary to the best interest of the state.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 11 - HOLIDAYS, LEAVES OF ABSENCE AND RELATED COMPENSATION PRACTICES › Section 389-11-4 - EDUCATIONAL LEAVE

Current through 2024-29, July 17, 2024
NOTE: Under
				   5 MRSA
				  §§723 and
				  724,
				  all requests for educational leave, with or without pay, that exceed 30
				  calendar days must be processed by the Educational Leave Advisory Board
				  established for this purpose.
Eligibility requirements, application procedure and other
				  general guidelines are available from the Bureau of Human Resources and/or
				  heads of state departments and agencies.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 11 - HOLIDAYS, LEAVES OF ABSENCE AND RELATED COMPENSATION PRACTICES › Section 389-11-5 - CANCELLATION OF LEAVES

Current through 2024-29, July 17, 2024
A. All leaves of
				absence shall be subject to the condition that the appointing authority may
				cancel the leave at any time upon prior written notice to the employee and the
				Director of Human Resources specifying a reasonable date of termination of the
				leave, and the reason for such cancellation --OR--
B. The Director of Human Resources, upon
				prior notice to the employee and the appointing authority, may cancel an
				approved leave of absence at any time the Director finds that the employee is
				using the leave for purposes other than those specified at the time of
				approval.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 11 - HOLIDAYS, LEAVES OF ABSENCE AND RELATED COMPENSATION PRACTICES › Section 389-11-6 - ABSENCE WITHOUT LEAVE

Current through 2024-29, July 17, 2024
A. Any absence of
				an employee from duty that is not authorized by a specific grant of leave of
				absence under the provisions of these rules, or taken as earned vacation leave
				about to expire, shall be deemed to be absence without leave.
B. Any such absences shall be without pay and
				may be made grounds for disciplinary action.
C. In the absence of such disciplinary
				action, any employee who absents himself for three consecutive days without
				leave shall be deemed to have resigned, but such absence may be covered by a
				subsequent grant of leave without pay in accordance with the provisions of
				section 3 of this Chapter.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 11 - HOLIDAYS, LEAVES OF ABSENCE AND RELATED COMPENSATION PRACTICES › Section 389-11-7 - RETURN FROM LEAVE OF ABSENCE

Current through 2024-29, July 17, 2024
A.
Reinstatement Provisions
1.
				Except as otherwise provided by law, a permanent or probationary employee
				granted a leave of absence must be returned to his/her employment at the
				expiration of his/her leave, unless the position formally occupied has been
				abolished and no person with less seniority or status is employed in the same
				class in the same agency or organizational unit at the date of expiration of
				the leave.
2. Subject to the same
				exception, such employee may be returned to his/her employment at any time
				prior to the expiration of his/her leave, provided the appointing authority
				files written notice of such action with the Director of Human
				Resources.
3. A permanent or
				probationary employee who is denied reinstatement by the appointing authority
				prior to the expiration of his/her leave shall have his/her name placed on the
				appropriate eligible registers under provisions of Chapter 7. Such action shall
				not affect the right of the employee to return to employment at the expiration
				of his/her leave of absence as above provided unless he/she is appointed from
				such register prior to the date of expiration of the leave of
				absence.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 12 - DISCIPLINARY ACTION, DEMOTION, RESIGNATION AND LAYOFF › Section 389-12-1 - DISCIPLINARY ACTION

Current through 2024-29, July 17, 2024
Any action which reflects discredit upon the service or is a
				  hindrance to the effective performance of state service shall be considered
				  good cause for disciplinary action. Such action may include misconduct,
				  inefficiency, incompetence, insubordination, indolence, malfeasance, or willful
				  violation of the Civil Service Law or of the rules.
A. Suspension
1. Cause for Suspension
An appointing authority may suspend an employee without pay
				  for disciplinary reasons or other cause.
2. Notice of Reason
The reasons therefor shall be furnished the employee and the
				  Director of Human Resources in writing prior to the effective date of the
				  suspension.
3. Seniority
				Provision
No seniority shall be acquired during the period of
				  suspension, unless the employee is exonerated.
4. Appeal Procedure
An employee may appeal a suspension action under the
				  provisions of Chapter 13 as annotated.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 12 - DISCIPLINARY ACTION, DEMOTION, RESIGNATION AND LAYOFF › Section 389-12-2 - DEMOTION

Current through 2024-29, July 17, 2024
A. Cause for Demotion
An appointing authority may demote an employee for
				  inefficient performance of duties, for disciplinary reasons, or for other just
				  causes. Such cause may include:
1.
				Performance During Probation
Any time during the probationary period that an appointing
				  authority determines that the employee's performance does not meet work
				  standards, he/she may demote the employee, except that no employee serving a
				  probationary period following his/her transfer or promotion shall be demoted
				  except for just cause or with his/her consent during the first thirty calendar
				  days of the probationary period.
2. Layoff Action
An appointing authority, with the consent of the affected
				  employee, may demote a permanent or probationary employee in lieu of layoff. No
				  employee so demoted shall displace a permanent or probationary employee except
				  in order of seniority as defined by Section 4 of this chapter.
3. Reinstatement from Military
				Leave
Any permanent or probationary employee about to be laid off
				  because of the reinstatement or promotional appointment of an employee
				  returning from military leave, shall be demoted to displace any employee with
				  less seniority in any lower class in which he/she previously served unless
				  he/she elects to be laid off. In either event the name of such employee shall
				  be placed on an appropriate layoff register, and upon written application, will
				  also be placed on an appropriate reemployment register.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 12 - DISCIPLINARY ACTION, DEMOTION, RESIGNATION AND LAYOFF › Section 389-12-3 - RESIGNATION

Current through 2024-29, July 17, 2024
A. Advance Notice to Appointing Authority
An employee may resign from the service by presenting his/her
				  resignation in writing to the appointing authority. To resign in good standing,
				  an employee must give the appointing authority at least 7 calendar days' prior
				  notice.
B. Notice to
				Director of Human Resources
A copy of such resignation shall be supplied by the
				  appointing authority to the Director of Human Resources.
C. Conditions for Approval
The Director of Human Resources may make such investigation
				  as deemed warranted for the purpose of verifying the facts as to the reasons
				  for such resignation; and:
1. No form
				of resignation which is filed without date or with a future date, and which is
				not intended to be a bona fide and voluntary resignation to be acted upon at
				the time of filing, shall be accepted by the Director of Human Resources as a
				resignation. Each separation under such circumstances shall be deemed a
				dismissal and the provisions of the act and these rules relating to dismissals
				shall apply.
2. Any demand or
				request of an appointing officer for the filing of any such form or resignation
				for possible future action at the option of such appointing officer shall be
				deemed to constitute prima facie evidence of coercion in contravention of the
				purposes of the Civil Service Law and these rules.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 12 - DISCIPLINARY ACTION, DEMOTION, RESIGNATION AND LAYOFF › Section 389-12-4 - LAYOFF: CONDITIONS AND PROCEDURE

Current through 2024-29, July 17, 2024
A. Conditions
1. An appointing authority may lay off an
				employee in the classified service by reason of abolition of position, shortage
				of work or funds, or other reasons outside the employee's control which do not
				reflect discredit on the service of the employee.
2. Any interruption of employment of fifteen
				calendar days or less is not considered a layoff.
3. The duties formerly performed by laid off
				employees may be assigned to other permanent civil service employees who, in
				the opinion of the Director, hold positions in appropriate
				classifications.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 13 - COMPLAINTS, GRIEVANCES AND INVESTIGATIONS › Section 389-13-1 - POLICY

Current through 2024-29, July 17, 2024
It shall be the policy of the State of Maine to attempt to
				  anticipate grievances or to discover them as soon as they arise, to give
				  employees an opportunity to discuss them with supervisors in whom they have
				  confidence and to find mutually satisfactory solutions as rapidly as possible.
				  In the presentation of grievances at any supervisory level, employees are
				  insured freedom from restraint, interference, discrimination or
				  reprisal.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 13 - COMPLAINTS, GRIEVANCES AND INVESTIGATIONS › Section 389-13-2 - LAW AND RULE ENFORCEMENT

Current through 2024-29, July 17, 2024
The Director of Human Resources shall receive and consider
				  any protests and any matter concerned with the administration of the act and
				  these rules. On the basis of such protest, or as personally decided, the
				  Director shall make such investigation as deemed desirable concerning all
				  matters touching the enforcement and effect of the provisions of the Civil
				  Service Law and these rules and regulations established thereunder.
NOTE: The following appeal mechanisms exist specifically to
				  address the employment concerns of employees in the classified and unclassified
				  services:
1. State Civil Service
				Appeals Board. This Board has authority to hear and rule on appeals of
				classification and/or allocation/reallocation actions taken by the Director of
				Human Resources. Procedures for hearing appeals of classification are on file
				with the Bureau of Human Resources.
2. State Civil Service Appeals Board. The
				Board may mediate grievances and disputes between classified employees and
				their respective state agencies for those employees who are not allowed to
				bargain pursuant to the State Employees Labor Relation Act.
3. Director of Human Resources. Employment
				concerns involving examination, examination administration, affirmative action,
				equal employment opportunity concerns, compensation, and/or possible violation
				of any law and rule governing merit system administration are heard and
				addressed by the Director of Human Resources.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 14 - EMPLOYEE WORK RECORDS AND PAYROLL CERTIFICATION PROCEDURE › Section 389-14-1 - AGENCY PERSONNEL RECORDS

Current through 2024-29, July 17, 2024
Each department or division shall maintain an adequate set of
				  employee records for the purpose of recording attendance and leave actions.
				  These records shall include the following information: attendance on official
				  duty; vacation leave earned, used and accrued; sick leave earned, used and
				  accrued; and any other leave with or without pay. These records shall be
				  available for inspection of the Director of Human Resources, and individual
				  employees shall be permitted to inspect their own records with respect to their
				  attendance and leave. At the request of any appointing authority, the Director
				  shall provide such assistance as is necessary in establishing or revising
				  appropriate personnel records for the agency.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 14 - EMPLOYEE WORK RECORDS AND PAYROLL CERTIFICATION PROCEDURE › Section 389-14-2 - REPORTS TO THE DIRECTOR OF HUMAN RESOURCES

Current through 2024-29, July 17, 2024
Every appointment, transfer, promotion, demotion, dismissal,
				  change of salary rates, leaves of absence without pay and other temporary or
				  permanent changes in the status of employees in both the classified and
				  unclassified service shall be reported to the Director of Human Resources in
				  writing. Reports required by the Director for unclassified positions shall
				  contain only such information as is necessary for the Director to meet
				  responsibility in certifying to the accuracy of payrolls and in regard to the
				  classification plan. The Director is authorized to prescribe the time, manner,
				  form, and method of making any written report to the Board or Director as may
				  be stipulated in any of the rules.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 14 - EMPLOYEE WORK RECORDS AND PAYROLL CERTIFICATION PROCEDURE › Section 389-14-3 - STATEWIDE PERSONNEL ROSTER

Current through 2024-29, July 17, 2024
The Director of Human Resources shall establish and maintain
				  a roster of all employees in the classified and unclassified service, showing
				  for each employee the class title, the departmental assignment, salary rate,
				  date of employment, employment history, and other pertinent or required
				  employment data.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 14 - EMPLOYEE WORK RECORDS AND PAYROLL CERTIFICATION PROCEDURE › Section 389-14-4 - CERTIFICATION OF PAYROLLS

Current through 2024-29, July 17, 2024
A. Certification:
				Agency Level
Written certification of an appointing authority, or properly
				  authorized substitute, accompanying any payroll shall constitute official
				  notice that services for which payment is to be made have been performed and
				  that funds are available and allocated for the purpose.
B. Certification: Director of Human Resources
The Director of Human Resources shall provide for an
				  examination of such payrolls and shall certify that the names appearing on the
				  payroll appear there in accordance with appointment and classification
				  provisions of the Civil Service Law and these rules, and that salary rates for
				  classified positions are those authorized by the official compensation plan and
				  by these rules.
C.
				Unauthorized Items
Any exception taken to unauthorized payroll items shall be
				  noted in writing and such exception shall constitute the Director of Human
				  Resources's official notification to fiscal disbursing officials that such
				  items are in violation of the Civil Service Law and Rules.
No state disbursing or auditing officer shall make or
				  approve, or take any part in making or approving, any payment for personal
				  service to any person holding a position in the classified service unless the
				  payroll voucher or account of such pay bears the certification of the Director
				  or authorized agent of the Director that the persons named therein have been
				  appointed and employed in accordance with the provisions of the Civil Service
				  Law and these rules.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 14 - EMPLOYEE WORK RECORDS AND PAYROLL CERTIFICATION PROCEDURE › Section 389-14-5 - AVAILABILITY OF RECORDS

Current through 2024-29, July 17, 2024
NOTE: In general, records maintained by the Director of Human
				  Resources or State Civil Service Appeals Board shall be available at the Maine
				  State Bureau of Human Resources for inspection by any person during normal
				  business hours, and any portion or portions of these records which are
				  confidential under state or federal statute and/or these rules, will be
				  withheld from public inspection in the least restrictive manner.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 15 - THE MAINE MANAGEMENT SERVICE › Section 389-15-1 - Definition and Goals

Current through 2024-29, July 17, 2024
1. The MMS
				recognizes the unique nature of confidential executive and management positions
				in State Government, the importance of strong management, the need to provide
				greater flexibility and responsibility for managers in hiring, employee
				development, performance management, and career advancement. The MMS includes
				all confidential executives and managers who directly manage Maine's public
				service programs, serve as a manager or consultant in management support
				functions, and confidential employees who provide advice and assistance to
				executives as a member of an agency's senior management team. The MMS
				recognizes that human resource decisions, including hiring process and salary
				considerations, are best handled by individual agencies in an environment that
				preserves fairness, statewide equity and merit principles for classified
				confidential managers.
2. This
				chapter is intended to incorporate the following goals:
A. A simplified classification system that
				facilitates movement of managers between agencies and promotes upward
				mobility.
B. A compensation system
				that provides flexibility in setting and changing salaries.
C. Strengthened management training and
				career development programs that build managerial and leadership competencies;
				focusing on managing and valuing workplace diversity; empowering employees by
				enabling them to share in workplace decision making, and to be innovative,
				willing to take risks, and able to accept and deal with change; promoting a
				workplace where the overall focus is on the recipient of the government
				services and how these services can be improved; and enhancing mobility and
				career advancement opportunities.
D. Flexible, timely recruitment and hiring
				procedures that enable agencies to compete effectively with other employers,
				both public and private, for managers with appropriate skills and training;
				allowing consideration of qualified candidates for positions as managers; and
				achieving affirmative action goals and diversity in the workplace.
E. Provisions that managers may only be
				dismissed, suspended, or demoted for cause.
F. Facilitation of decentralized and regional
				administration.
G. Preserves merit
				principles and ensures that decisions are not based on nepotism, patronage or
				political considerations.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 15 - THE MAINE MANAGEMENT SERVICE › Section 389-15-2 - Applicability

Current through 2024-29, July 17, 2024
1. This Chapter applies to all classified
				confidential managers who are otherwise covered by the Civil Service Rules, and
				satisfy the criteria for MMS membership as prescribed in Section 1 of this
				Chapter, and who are excluded from bargaining pursuant to the State Employees
				Labor Relations Act. This chapter supersedes Chapters 4,5,6,7, 8,12 (Sections
				1,2,and 4 ), and 13 of the Civil Service Rules with respect to MMS positions.
				All other provisions of State of Maine Civil Service Rules retain full force
				and effect. If the provisions of this Chapter come into conflict with other
				aspects of the State of Maine Civil Service Rules with respect to MMS
				positions, this Chapter will govern.
2. Additionally, Sections 4 and 5 of this
				Chapter apply to unclassified confidential managers who are excluded from
				bargaining and whose positions are, by law, subject to the same classification
				and compensation standards as classified employees and who satisfy the criteria
				for MMS membership as prescribed in Section 1 of this Chapter.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 15 - THE MAINE MANAGEMENT SERVICE › Section 389-15-4 - Classification Plan

Current through 2024-29, July 17, 2024
1. The Director, in
				consultation with the agency appointing authority, will determine which
				confidential positions are subject to Chapter 15 of the Civil Service
				Rules.
2. The Director shall
				provide for the preparation, maintenance, and revision of a classification plan
				for all positions subject to this chapter, both classified and unclassified, on
				the basis of similarity of duties performed and responsibilities assumed.
				Application of this plan shall result in a classification schedule and the
				Director shall follow this schedule to classify or reclassify the position of
				each covered employee to the appropriate Management Functions, Benchmark
				Classifications, and individual positions.
A.
				A MANAGEMENT FUNCTION within the MMS broadly defines jobs according to their
				managerial role.
(1) Classification or
				reclassification of an individual position from one Management Function to
				another requires review and approval by the Director.
(2) Management Functions within the MMS
				include broadly defined jobs designated by the Director.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 15 - THE MAINE MANAGEMENT SERVICE › Section 389-15-5 - Compensation Plan

Current through 2024-29, July 17, 2024
1. Nature of the
				Compensation Plan
A. Use and Structure of
				Salary Schedules
(1) The pay of classified
				and covered unclassified employees shall be on the basis of appropriate weekly
				schedules or hourly wage rates as adopted and published by the Director for the
				respective salary grades. Each schedule shall consist of an entrance rate,
				intermediate rate or rates, and a maximum rate except for those grades where
				the Director prescribes a flat or single rate. The schedule of weekly salaries
				and hourly wage rates, including amendments made in accordance with the Civil
				Service Law and these rules shall constitute the official compensation plan for
				all covered classified and unclassified positions.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 15 - THE MAINE MANAGEMENT SERVICE › Section 389-15-6 - Recruitment, Application and Selection

Current through 2024-29, July 17, 2024
1. The
				intent of this section is to assure that all classified positions in the MMS
				are filled in an open, fair, and expeditious manner, with the objective of
				hiring and retaining the best person for the position as quickly as possible,
				and to encourage decentralized administration of the recruitment and selection
				processes when it is appropriate for the agency.
2. In filling vacancies each agency will
				adhere to the following fundamental principles:
A. To consider any or all qualified
				candidates for hire, promotion, or internal movement.
B. Ensure that hiring decisions are fair,
				objective, and based on the evaluation of the knowledge, skills, abilities, and
				other job-related characteristics required for successful job
				performance.
C. Support affirmative
				action goals established in agency affirmative action plans.
D. Consider the career development of the
				agency's employees and other state employees.
E. Ensure that hiring decisions are not based
				on nepotism, patronage, or political affiliation.
F. Ensure compliance with state and federal
				laws relating to employee selection and nondiscrimination.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 15 - THE MAINE MANAGEMENT SERVICE › Section 389-15-7 - Training and Professional Development

Current through 2024-29, July 17, 2024
1. The
				responsibility for training and development is a collaborative effort among
				State agencies, managers, and the Bureau of Human Resources.
A. Each agency must provide professional
				development and training opportunities designed to refine and broaden
				managerial knowledge, skills and abilities. The value of diversity and the
				administration of State civil service system will be part of this
				training.
B. Managers are
				responsible for seeking out and fully participating in opportunities to enhance
				their knowledge, skills and abilities.
C. The Director will assist agencies by
				providing leadership and managerial training programs, administering
				development programs, consultative services, and technical assistance to help
				agencies address the development needs of their managers. Managers will
				receive:
(1) New employee orientation within
				three months of initial employment in Maine State Government;
(2) New managers' orientation within three
				months of appointment to managerial position in Maine State
				Government;
(3) Leadership training
				to include the MMS Core Leadership Competencies;
(4) Other training and development activities
				identified in professional development plans.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 15 - THE MAINE MANAGEMENT SERVICE › Section 389-15-8 - Layoff: Conditions and Procedure

Current through 2024-29, July 17, 2024
1. Conditions
A. An appointing authority may lay off an MMS
				employee by reason of abolition of position, shortage of work or funds,
				good-faith reorganization for efficiency purposes, or other reasons outside the
				employee's control which do not reflect discredit on the service of the
				employee.
(1) Layoffs may not be used in lieu
				of discipline, illegal discriminatory reasons, nepotism, political affiliation,
				retaliation, whistle blowing, or other circumstances that are not related to
				reorganization.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 15 - THE MAINE MANAGEMENT SERVICE › Section 389-15-9 - Complaints, Grievances, Investigations

Current through 2024-29, July 17, 2024
1. Policy
				- It shall be the policy of the State of Maine to attempt to anticipate
				grievances or to discover them as soon as they arise, to give employees an
				opportunity to discuss them with supervisors in whom they have confidence and
				to find mutually satisfactory solutions as rapidly as possible. In the
				presentation of grievances at any supervisory level, employees are ensured
				freedom from restraint, interference, discrimination or reprisal.
2. Law and Rule Enforcement - The Director
				shall receive and consider any protest and any matter concerned with the
				administration of the act and these rules. On the basis of such protest or as
				personally decided, the Director shall make such investigation as deemed
				desirable concerning all matters touching the enforcement and effect of the
				provisions of the Personnel Law and these rules and regulations established
				there under.
3. All grievances and
				disputes of members of the MMS will be considered consistent with 5 MRSA,
				§7081 - 7084.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 15 - THE MAINE MANAGEMENT SERVICE › Section 389-15-10 - Disciplinary Action

Current through 2024-29, July 17, 2024
1. An appointing
				authority may discipline a MMS employee for misconduct, unsatisfactory job
				performance or other cause.
A. Disciplinary
				action is defined as suspension with or without pay, demotion or
				dismissal.
B. The specific
				reason(s) for suspension, demotion or dismissal shall be furnished to the
				employee in writing prior to the effective date of the disciplinary
				action.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 553 - BUREAU OF ALCOHOLIC BEVERAGES AND LOTTERY OPERATIONS (BABLO) › Chapter 1 - LIQUOR INVENTORY EXCHANGES FROM AGENCY LIQUOR STORES

Current through 2024-29, July 17, 2024
State liquor stores will receive liquor inventory exchanges
				from agents in accordance with the following guidelines:
1. The agent shall present a copy of the
			 invoice or cash register receipt to the State liquor store for the merchandise
			 returned.
2. The Bureau shall
			 provide credit or at the sole discretion of the Bureau provide a refund to the
			 full value of the purchased items as indicated by the agent's invoice. The
			 Bureau shall deduct a 10% restocking charge from the refund or exchange value
			 for all items returned, except for those items received by the agent in
			 error.
3. For items received by the
			 agent in error, the exchange must occur within two weeks of purchase by the
			 agent. If returned within two weeks of purchase, then the full exchange value
			 shall be provided to the agent by a clerk at the State liquor store.
4. If liquor is exchanged due to items being
			 no longer in demand, the exchange must occur within six months of receiving the
			 product from either the State liquor store or from the bailment
			 warehouse.
5. There is no exchange
			 of Special Order Merchandise.
STATUTORY AUTHORITY:
				   28-A MRSA §83
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 553 - BUREAU OF ALCOHOLIC BEVERAGES AND LOTTERY OPERATIONS (BABLO) › Chapter 2 - PRICING OF SPIRITS › Section 553-2-II - Pricing

Current through 2024-29, July 17, 2024
All final list and special pricing decisions shall be made
				  solely by the Director in accordance with this Rule and Title 28-A of Maine
				  law. Final list pricing decisions by the Director are subject to the approval
				  of the Commission.
A.
Pricing of
				New Spirits Products
1. After the
				Commission has approved a new spirits product for listing, the Director shall
				propose a price for the spirits product subject to the approval of the
				Commission for that spirits product.
2. The Director shall establish the list
				price of new spirits products and may take into account any of the following
				factors:
a. The NABCA price exchange
				book;
b. The NABCA retail price
				index;
c. New England control
				states' current retail pricing;
d.
				Costs of similar products in an applicable category and sold in
				Maine;
e. Whether a product is a
				line extension;
f. Whether a
				spirits product has an acceptable gross profit margin;
g. The cost of product, including freight,
				supplier's insurance, applicable bailment, and other similar charges;
h. Agency store profit margin; and
i. Price point adjustments.
3. Retail price points for
				products packaged at 375 milliliter or larger shall be limited to the following
				values: $XX.49 or $xx.99. Retail price points for products under 375 milliliter
				shall be limited to the following values: $XX.29; $XX.49; $XX.79 or
				$XX.99.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 553 - BUREAU OF ALCOHOLIC BEVERAGES AND LOTTERY OPERATIONS (BABLO) › Chapter 2 - PRICING OF SPIRITS › Section 553-2-III - Agency Liquor Store Profit Margin

Current through 2024-29, July 17, 2024
A.
Minimum Discounts.
Agency liquor stores must purchase spirits
				products from the State. The State will sell spirits products to agency liquor
				stores at wholesale prices (discount off retail prices) based on the retail
				prices of spirits products as follows:
1. For
				spirits products at a retail price of $24.99 or less, the discount rate is
				twelve percent (12%) of the list price; and
2. For spirits products at a retail price of
				$25.00 or more, the discount rate is fourteen percent (14%) of the list
				price.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 553 - BUREAU OF ALCOHOLIC BEVERAGES AND LOTTERY OPERATIONS (BABLO) › Chapter 3 - ON PREMISE DATA COLLECTION COST MITIGATION STIPEND

Current through 2024-29, July 17, 2024
SUMMARY:
This rule establishes the process for a
				one-time stipend to be paid by the Bureau to agency liquor stores licensed as
				reselling agents as of July, 1, 2016, for mitigating the cost of providing
				on-premise sales data to the Bureau from agency liquor stores which were
				licensed as reselling agents as of July 1, 2016.
The criteria for determining the one-time stipend for an agency
				liquor store licensed as a reselling agent as of July 1, 2016, shall be as
				follows:
1. For a reselling agent that
			 uses an electronic Point of Sale System that captures and tracks sales and that
			 can produce the required monthly data, the Bureau shall allow a one-time
			 stipend of up to $250.
2. For a
			 reselling agent that uses an electronic Point of Sale System that captures
			 sales and that can produce the required monthly data, the Bureau shall allow a
			 one-time stipend of up to $250.
3.
			 For are selling agent that uses an electronic Point of Sale System that is not
			 capable of tracking sales and that must create an alternative electronic
			 process to meet the requirement of providing on-premise sales data to the
			 Bureau, the Bureau shall allow a one-time stipend of up to $500.
4. For are selling agent without a point of
			 sale system that must manually track and report on-premise sales data to the
			 Bureau, the Bureau shall allow a one-time stipend of up to $500.
The one-time stipend is intended to mitigate the costs
				incurred by reselling agents in complying with the new reporting requirements.
				Therefore, in order to receive a stipend pursuant to this rule, a reselling
				agent must sufficiently demonstrate to the Bureau that is has incurred such
				costs. Stipends will be limited to an amount equal to the actual costs incurred
				by the reselling agent and not to exceed the maximum amounts set forth in this
				rule.
STATUTORY AUTHORITY:
				  28-A MRS
				  §§83-A ,
				  606
				  sub- § 4- A
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 553 - BUREAU OF ALCOHOLIC BEVERAGES AND LOTTERY OPERATIONS (BABLO) › Chapter 4 - AGENCY LIQUOR STORE RELOCATION: RULES GOVERNING THE PROCESS TO PROVIDE INPUT BY AGENCY LIQUOR STORES IN THE SAME MUNICIPALITY OF A RELOCATION REQUEST › Section 553-4-1 - Factors Considered by the Bureau

Current through 2024-29, July 17, 2024
In accordance with
				  28-A M.R.S.
				  §453-D,
				  452
				  and 18-553 C.M.R ch. 130, "Selection and Location of Agency Stores", the Bureau
				  shall weigh the following factors before finally acting on a relocation
				  application: location, hours of operation, parking, square footage, services
				  offered, selling area, handling (beer and wine sales), storage, beer and wine
				  inventory, security and start up inventory, and submissions and response to
				  submissions filed under this Rule. As part of its review of the relocation
				  application the Bureau may consider sales data held for the Bureau by the
				  entity awarded a contract under
				  28-A M.R.S.
				  §90 for the preceding twelve (12) month
				  period associated with the applicant agency and those agencies participating in
				  the proceeding.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 553 - BUREAU OF ALCOHOLIC BEVERAGES AND LOTTERY OPERATIONS (BABLO) › Chapter 4 - AGENCY LIQUOR STORE RELOCATION: RULES GOVERNING THE PROCESS TO PROVIDE INPUT BY AGENCY LIQUOR STORES IN THE SAME MUNICIPALITY OF A RELOCATION REQUEST › Section 553-4-2 - Record

Current through 2024-29, July 17, 2024
The Bureau shall make part of the record the application, the
				  municipal approval of the relocation, proof of notice to the other agency
				  liquor stores in the municipality of the relocation, the Liquor Licensing
				  Inspector's inspection report on the proposed location and any submissions and
				  response to submissions described in sections 8 and 9 of this Rule. Data
				  considered by the Bureau in support of the Bureau's decision shall also be made
				  part of the record.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 553 - BUREAU OF ALCOHOLIC BEVERAGES AND LOTTERY OPERATIONS (BABLO) › Chapter 4 - AGENCY LIQUOR STORE RELOCATION: RULES GOVERNING THE PROCESS TO PROVIDE INPUT BY AGENCY LIQUOR STORES IN THE SAME MUNICIPALITY OF A RELOCATION REQUEST › Section 553-4-3 - Appointment of a Final Decision Maker

Current through 2024-29, July 17, 2024
The Director or the Director's designee shall act as the
				  Final Decision Maker for the Bureau in this proceeding.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 553 - BUREAU OF ALCOHOLIC BEVERAGES AND LOTTERY OPERATIONS (BABLO) › Chapter 4 - AGENCY LIQUOR STORE RELOCATION: RULES GOVERNING THE PROCESS TO PROVIDE INPUT BY AGENCY LIQUOR STORES IN THE SAME MUNICIPALITY OF A RELOCATION REQUEST › Section 553-4-4 - Notice

Current through 2024-29, July 17, 2024
The Bureau shall publish notice of this proceeding in the
				  primary newspaper servicing the municipality and on the Bureau's website at the
				  address listed in section 7 of this Rule.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 553 - BUREAU OF ALCOHOLIC BEVERAGES AND LOTTERY OPERATIONS (BABLO) › Chapter 4 - AGENCY LIQUOR STORE RELOCATION: RULES GOVERNING THE PROCESS TO PROVIDE INPUT BY AGENCY LIQUOR STORES IN THE SAME MUNICIPALITY OF A RELOCATION REQUEST › Section 553-4-5 - Service of Notice of the Proceeding

Current through 2024-29, July 17, 2024
Notice shall be either sent by certified mail, hand delivered
				  by the Bureau's Liquor Licensing Inspector or both to the applicant and all
				  agency liquor stores in the municipality where relocation is
				  requested.