Introducing Maine’s First Small Business Advocate Jay Martin

1. Introducing Maine’s First Small Business Advocate Jay Martin

2. 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

3. 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

4. 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

5. 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

6. Three Functions of Small Business Advocate • Direct Advocacy • Regulatory Fairness Board • Comments and testifies on proposed rules and legislation

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. What if regulations and statutes were designed like interstate highway intersections?

16. Streamlined • Sensible • Easy to comply

17. ???

18. 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

19. 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

20. 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

21. Conclusion • Maine’s regulatory fairness law is improving Maine’s business climate; fulfilling State Seal vision • Secretary of State offers experience, independence and impartiality

22. 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

23. 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.

24. 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!