Introducing Maine’s FirstSmall Business Advocate

Jay Martin

Presentation in Threes

• Three functions of the Office of Small Business Advocacy

• Three examples of unreasonable regulatory enforcement, past, pending, and resolved

• Three requests of you

Maine’s State Seal

• Shield: moose, field, water, woods, and pine tree. Farmer with scythe, and sailor with anchor.

• Motto: "Dirigo" ("I lead"), and North Star

• Banner: Maine. Indicates Maine values: harmony between industry and natural resources

Example #1 – Past

• Southern Maine Environmental Remediation Consultant resolving pollution

• SBA’s Small Business Owner of the Year; 15 employees

• Appealed DEP ruling on full-time in-house chemist requirement

• Won every legal battle, but lost the war - now out of business

Why Secretary of State’s Office?

• Secretary of State Charles E. Summers, Jr., former SBA Administrator (New England)

• Constitutional Officer; independent of the Executive Branch; acts impartially

• Appointment did not expand state payroll; filled a vacant press position

• Dept. of Economic and Community Development

• Small Business Administration

Three Functions of

Small Business Advocate

• Direct Advocacy

• Regulatory Fairness Board

• Comments and testifies on proposed rules and legislation

Direct Advocacy

• Work with small business owners (50 employees or fewer) who register grievances regarding regulatory enforcement actions

• Advocate is not an attorney so information is open to public scrutiny

• Often assists business owners who cannot afford attorneys or regulatory compliance officers

Determine assistance is appropriate

• Business must face significant economic hardship as a result of a regulatory enforcement action

• Fine or license suspension or revocation imposed by an agency enforcement action

• Likely to result in the temporary or permanent closure of the small business or termination of employees of the small business

• The grievance must be legitimate

• Research pertinent regulations with assistance from Augusta brain trust

• Meet with regulatory agents and commissioners to gain perspectives

• Work with the regulatory agents and small businesses to achieve equitable resolutions to legitimate grievances

Regulatory Impact Notice • When necessary, Advocate prepares this

notice for Secretary of State to consider sending to the Governor

• Outlines fact finding

• Recommends alternative effective enforcement relieving the small business of significant economic hardship imposed

Request #1: Please contact us should you need our assistance; spread the word to your clients and colleagues

Example #2 – Pending

• Disk golf facility opens, receiving approval from code enforcement officer

• Premier holes run along streamside, attracting players from out-of-state

• DEP rules no grass trimming along streamside, making play impossible

• Owner spends thousands and hundreds of hours to achieve compliance

• Advocate researching issues; will attend permit meeting; preparing to advocate as appropriate

Regulatory Fairness Board

• Chaired by Secretary of State Charles E. Summers, Jr.

• Staffed by Advocate

• Four private sector members, appointed by Speaker of the House, President of the Senate, and Governor

• Members: Patricia Kuhl, Brunswick; Doug Smith, Dover-Foxcroft; Mark Tyler, Oakland; Mike Cote, Whiting

Regulatory Fairness Board (cont.)

• Hears testimony and reports to the Legislature and the Governor on regulatory and statutory changes necessary to enhance the State's business climate.

• Addresses common denominator regulatory obstacles affecting industries

• Next hearing: February 24, 1 -3 pm

• Request #2: Please help us identify these obstacles

Pending Rules and Legislation

• Advocate comments on proposed rules and testifies on legislation affecting small businesses

• Request #3: Please share your ideas and concerns with us

What if regulations and statutes

were designed like interstate

highway intersections?

• Streamlined

• Sensible

• Easy to comply

???

Why Jay Martin?

• Bangor native

• Son of business owners

• John Bapst graduate

• University of Maine English degree (technical writing)

• 16 year restaurant manager

• Owner, Write It Right Consulting

• Experienced facilitator

• Customer service perspective

Example #3 – Resolved!

• A practicing pharmacist allowed his license to remain expired for three years

• Employer a highly reputable Maine small business owner

• Employer failed to note license expiration; faced nearly a half million dollars repayment of MaineCare prescriptions despite no harm found.

• Repayment would have likely put him out of business

Example #3 – Resolved! (cont.)

• Advocate interviewed business owner; researched regulations

• Advocated for repayment of dispensing fees only

• Owner keeps his business; jobs saved; hiring new pharmacist

• Achieved equitable resolution to legitimate regulatory enforcement grievance

Conclusion

• Maine’s regulatory fairness law is improving Maine’s business climate; fulfilling State Seal vision

• Secretary of State

offers experience, independence and impartiality

Small Business Advocate helps!

• An independent voice for Maine small businesses within state’s regulatory system

• Ensures regulations function fairly and effectively

• Comments on rules and testifies on legislation

• Offers management experience, customer service background and communication skills

Regulatory Fairness Board

• Invites public testimony on regulatory and issues that impact Maine businesses

• Elicits public comment on rules and regulations that unreasonably impede business

• Recommends regulatory and statutory changes to enhance Maine’s business climate.

Requests of You

• Register regulatory enforcement grievances with our office – and tell your colleagues and clients about us

• Watch out for “potholes” and help the RFB address them

• Provide us your thoughts on proposed rules and pending legislation

• When you think “Regulatory Fairness and Reform”, think Secretary of State

Thank you!