Maine § 994. - Duties of committee

§ 994.. Duties of committee

The committee has the following duties:   [PL 2001, c. 702, §2 (NEW).]

1.  Director.  To evaluate the director of the office and make a recommendation to the Legislative Council in writing regarding the reappointment of the director of the office before the Legislative Council considers the reappointment of the director of the office;

2.  Annual work plan.  To review and approve the annual work plan of the office;

3.  Direct evaluations.  To direct the office to conduct program evaluations;

3-A.  Auditing services.  When the committee determines that an examination as part of a program evaluation requires the services of a qualified auditor, to request the Office of the State Auditor to conduct all or part of an examination or, if the Office of the State Auditor is unable to perform the examination within the time frame established by the committee, to direct the office to obtain the services of a qualified auditor;

4.  Conduct hearings.  To hold public hearings for the purpose of receiving reports from the office and questioning public officials about office findings and recommendations;

5.  Examine witnesses.  To examine witnesses and to order the appearance of any person or the appearance of any person for the purpose of production to the committee of papers or records, including books, accounts, documents, computer disks or memory or other electronic media and other materials regardless of their physical or electronic form;

6.  Administer oaths.  To administer oaths to witnesses appearing before the committee when, by a majority vote, the committee determines the administration of an oath necessary and advisable, to determine if there is probable cause that a witness has committed perjury by testifying falsely before the committee and to direct the Attorney General to institute legal proceedings as provided by law;

7.  Vote on reports.  To vote at the committee's discretion to endorse, to endorse in part or to release a report of the office without endorsement;

8.  Subpoenas.  To issue subpoenas upon a majority vote of the committee in the event of refusal to appear or to produce papers or records, including books, accounts, documents, computer disks or memory or other electronic media and other materials regardless of their physical or electronic form. A subpoena issued under this subsection must be issued pursuant to the provisions of section 165 and chapter 21;

9.  Meetings.  To conduct meetings at such times as the cochairs determine necessary;

10.  Adopt rules.  To adopt rules, as long as the rules are not in conflict with the Joint Rules of the Legislature. By January 1, 2005, the committee must develop a mission statement to be included in the rules;

11.  Information available to committee.  To receive certain information. Information that is made available to the committee is governed by chapter 21, which governs legislative investigating committees, and by Title 1, chapter 13, which governs public records and proceedings; and

12.  Immediate review system.  To establish a system to provide immediate review of a program or function of a state agency or other entity in the event that there is a suspicion of a major mismanagement of public funds or functions. If the director determines to proceed under the immediate review system and the committee approves proceeding under that system, qualified auditors and investigators may be retained by the director for that purpose. The director shall coordinate efforts with the Attorney General, State Auditor, State Controller and others considered appropriate by the director.