2010 Maine Code
TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Chapter 311: STATE PLANNING
5 §3304. State Planning Director

Part 8: STATE PLANNING

§3304. State Planning Director

1. Director. The executive head of the State Planning Office is the director and is appointed by the Governor to serve at the pleasure of the Governor.

[ 1999, c. 415, §2 (AMD) .]

2. Qualifications. The director shall be qualified by education, training and experience in planning or public administration.

[ 1989, c. 501, Pt. DD, §6 (AMD) .]

3. Powers and duties. The director shall exercise the powers of the State Planning Office and shall be responsible for the execution of its duties. The director shall:

A. Appoint and remove the staff of the office and prescribe their duties as may be necessary to implement the purposes of this chapter. Professional employees authorized by this chapter shall be hired as unclassified employees. All other employees shall be subject to those civil service and personnel policies established for state employees generally and shall be paid salaries at rates of pay comparable to those of state employees with equivalent responsibilities in other state agencies.

(1) The State Planning Director is authorized to employ professional planning personnel competent by education, training and experience in fields such as economics, local and regional planning, public policy and natural resources.

(2) The director is authorized to employ such statistical, clerical and other office help as required and authorized by the budget; [1989, c. 501, Pt. DD, §7 (AMD); 1989, c. 571, Pt. A, §1 (AMD).]

B. Supervise and administer the affairs of the State Planning Office and advise the Governor and the Legislature with respect to matters affecting the State; [1989, c. 501, Pt. DD, §7 (AMD).]

C. [1977, c. 78, §§23, 72 (RP).]

D. [1977, c. 78, §§23, 72 (RP).]

E. Advise the Governor and other officials of the State Government on all matters of policy, statewide planning and public investment and consult with them in respect to planning matters and projects which affect the future plans of the State; [1989, c. 501, Pt. DD, §7 (AMD).]

F. Be assisted by departments, agencies, authorities, boards, commissions, other instrumentalities of the State or other governmental units in the gathering of information, reports and data which relate to state planning. The State Planning Office shall designate staff members of the office who shall work with the several departments; [1989, c. 501, Pt. DD, §7 (AMD).]

G. At the director's discretion, act for the State in the initiation of or participation in any multi-governmental agency program relative to the purposes of this chapter; [1989, c. 501, Pt. DD, §7 (AMD).]

H. Prepare and submit for executive and legislative action thereon the budget for the State Planning Office; [1989, c. 501, Pt. DD, §7 (AMD).]

I. Make reports at least annually to the Governor and to the joint standing committee of the Legislature having jurisdiction over state and local government matters detailing the activities of the office and, after consultation with and approval by the Governor, submit such recommendations for legislative action as determined necessary to further the purposes of this chapter; [1999, c. 415, §3 (AMD).]

I-1. Make reports annually to the joint standing committee of the Legislature having jurisdiction over natural resources matters detailing the activities of the office regarding land issues and, after consultation with and approval of the Governor, submit recommendations for legislative action as determined necessary to further the purposes of this chapter; [1999, c. 415, §4 (NEW).]

J. Be assisted by departments, agencies, authorities, boards, commissions and other instrumentalities of State Government in the gathering of information, reports and data which relate to state planning and development in the area of energy resources; [1989, c. 501, Pt. DD, §7 (NEW).]

K. [2007, c. 656, Pt. C, §2 (RP).]

L. Be empowered, in connection with the performance of duties, to apply to the Superior Court for a subpoena to compel the attendance of witnesses, the production of books, papers, records and documents of individuals, firms, associations and corporations and all officers, boards, commissions and departments of State Government. The court, before issuing the subpoena, shall provide adequate opportunity for the director and the party against whom the subpoena is requested to be heard. No such subpoena may be issued unless the court or judge certifies that the attendance of the witness or the production of the books, papers, records or documents is reasonably necessary to carry out the purposes of this section and that the director has made reasonable efforts to secure the attendance or the books, papers, records or documents without recourse to compulsory process. The director shall afford confidential treatment to any materials or information turned over to the director which is of a confidential or proprietary nature; [1989, c. 501, Pt. DD, §7 (NEW).]

M. Have the authority to collect inventory and product delivery data from the State's primary storage facilities of petroleum products, as described in section 3307-C, and shall afford confidential treatment to that information; and [2005, c. 91, §1 (AMD).]

N. Oversee the implementation of any energy programs assigned to the State Planning Office under this chapter. [1989, c. 501, Pt. DD, §7 (NEW).]

[ 2007, c. 656, Pt. C, §2 (AMD) .]

SECTION HISTORY

1967, c. 533, §1 (NEW). 1973, c. 679, (AMD). 1975, c. 481, §1 (AMD). 1977, c. 78, §§21-24 (AMD). 1977, c. 674, §7 (AMD). 1979, c. 127, §36 (AMD). 1989, c. 501, §§DD6,DD7 (AMD). 1989, c. 571, §A1 (AMD). 1999, c. 415, §§2-4 (AMD). 2005, c. 91, §1 (AMD). 2007, c. 656, Pt. C, §2 (AMD).