LD 509
pg. 160
Page 159 of 183 An Act To Adopt the Maine Uniform Securities Act Page 161 of 183
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LR 441
Item 1

 
5.__Declaratory rulings.__The administrator, in the
administrator's discretion, may conduct a hearing and issue a
declaratory ruling under Title 5, section 9001, subsection 3 as
to the applicability of this chapter, any provision of this
chapter or any rule or order of the administrator to any person
or transaction or as to the meaning of any term used in this
chapter or any rule or order of the administrator.

 
6.__ Conformity with rule, form or order.__No provision of
this chapter imposing any liability applies to any act done or
omitted in good faith in conformity with a rule, order or form
adopted by the administrator, notwithstanding that the rule,
order or form may later be amended or rescinded or be determined
by judicial or other authority to be invalid for any reason.

 
7.__Presumption for public hearings.__A hearing in an
administrative proceeding under this chapter must be conducted in
public unless the administrator for good cause consistent with
this chapter determines that the hearing will not be so
conducted.

 
8.__Rulemaking.__Rules adopted pursuant to this section are
routine technical rules as defined in Title 5, chapter 375,
subchapter 2-A.

 
Official Comments

 
Prior Provisions: 1956 Act Section 412; RUSA Sections 705,
707.

 
1. It is anticipated that the administrator will propose
amendments or make rules under Section 605(a) to remain
coordinate with relevant federal law, as well as appropriate
rules of the National Association of Securities Dealers, and to
achieve uniformity among the States.

 
2. Uniform forms such as Form B-D, U-4, U-5, and NF are today
common in the securities industry and are authorized by Section
605(b).

 
3. Section 605(c) refers to generally accepted accounting
principles in the United States which currently are promulgated
by the Financial Accounting Standards Board and the Securities
and Exchange Commission.

 
4. It is anticipated that the states will employ websites, e-
mail or other electronic means to provide notice of proposed
rulemaking or adoption of new rules, rule amendments, forms or
form amendments, statements of policy or interpretations adopted
by the administrator, and issuance of orders to registrants and


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