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!