An Act to Require that Agency Rules be Reviewed by the Legislature
Maine Legislature, Session 121, LD 0252
Committee: State and Local Government
Sponsors: CLOUGH, NASS, BRUNO, CARR, CURLEY, GOODWIN, JOY, PEAVEY-HASKELL, GILMAN, STANLEY
Amends: 5 MRSA §8071

Legislative Document 
No. 252 
H.P.207 
House of Representatives, January 23,2003 
An Act to Require that Agency Rules be Reviewed by the 
Legislature 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative CLOUGH of Scarborough. 
Cosponsored by Senator NASS of York and 
17/~/J?~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BRUNO of Raymond, CARR of Lincoln, CURLEY of Scarborough, 
GOODWIN of Pembroke, JOY of Crystal, PEAVEY-HASKELL of Greenbush, Senators: 
GILMAN of Cumberland, STANLEY of Penobscot. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA c. 375, sub-c. 2-A is amended by repealing the 
subchapter headnote and enacting the following in its place: 
SUBCHAPTER 2-A 
RULE-MAKING PROCEDURES GOVERNING RULES 
AUTHORIZED AND ADOPTED AFTER JANUARY L 
1996 
AND BEFORE JANUARY L 
2004 
Sec. 2. 5 MRSA §8071, as amended by PL 1995, c. 574, §L is 
further amended to read: 
§H07l. Legislative review of certain agency rules 
Except 
as 
otherwise 
provided 
in this 
subchapter, 
rules 
adopted pursuant to rule-making authorization delegated to an 
agency after January 1, 
1996 and before January 1, 
2004 
are 
subject to the procedures of this subchapter and subchapter ±± ~. 
1. 
Legislative action. 
All 
new rules authorized to be 
adopted by delegation of legislative authority that is enacted 
after January 1, 1996 and before January 1, 2004, including new 
rules authorized by amendment of provisions of laws in effect on 
that date, 
must be assigned by the Legislature to one of 
categories and subject to the appropriate level of rule-making 
procedures as provided in this subchapter. 
The Legislature shall 
assign the category and level of review to all rules at the time 
it enacts 
the 
authorizing legislation. 
The 
Legislature 
may 
assign different categories and levels of review to different 
types of rules authorized by the same legislation. 
2. 
Categories of rules. 
There are 2 categories of rules 
authorized for adoption after January 1, 1996 and before January 
L 
2004. 
A. 
Routine 
technical 
rules 
are 
procedural 
rules 
that 
establish standards of practice or procedure for the conduct 
of business with or before an agency and any other rules 
that are not major substantive rules as defined in paragraph 
B. 
Routine technical rules include, but are not limited to, 
forms prescribed by an agenc;-; 
they do not include fees 
established by an agency except fees established or amended 
by agency rule that are below a 
cap or within a 
range 
established by statute. 
B. 
Major substantive rules are rules that, in the judgment 
of the Legislature: 
(1) 
Require 
the 
exercise 
of 
significant 
agency 
discretion or interpretation in drafting; or 
(2) 
Because of their subject matter or anticipated 
impact, 
are 
reasonably 
expected 
to 
result 
in 
a 
significant increase in the cost of doing business, a 
significant reduction in property values, the loss or 
significant 
reduction 
of 
government 
benefits 
or 
services, the imposition of state mandates on units of 
local government 
as 
defined in the Constitution of 
Maine, Article IX, Section 21, or other serious burdens 
on the public or units of local government. 
3. 
Levels of rule-making process. 
In order to provide for 
maximum 
agency 
flexibility 
in 
the 
adoption 
of 
rules 
while 
retaining appropriate legislative oversight over certain rules 
that are expected to be controversial or to have a major impact 
on 
the 
regulated 
community, 
each 
agency 
rule authorized 
and 
adopted after January 1, 
1996 and before January 1, 
2004 is 
subject to one of 2 levels of rule-making requirements. 
A. 
Routine technical rules are subject to the rule-making 
requirements of subchapter II 1 only. 
B. 
Major substantive rules are subject to the requirements 
of 
section 
8072. 
After 
January 1, 
1996, 
any grant of 
general or specific rule-making authority to adopt major 
substantive rules is considered to be permission only to 
provisionally 
adopt 
those 
rules 
subject 
to 
legislative 
review. 
Final adoption may occur only after legislative 
review of provisionally adopted rules as provided in section 
8072 . 
The 
establishment 
or 
amendJl1ent 
of 
an 
agency 
fee 
by 
rulemaking is 
a 
major 
substuntive rule, 
except 
for 
the 
establishment or amendment of a fee that falls under a cap 
or within 
a 
range 
set in statute, 
which is 
a 
routine 
technical rule. 
Sec. 3. 5 MRSA c. 375, sub-c. 2-B is enacted to read: 
SUBCHAPTER 2-B 
RULE-MAKING PROCEDURES GOVERNING RULES 
AUTHORIZED AND ADOPTED AFTER JANUARY 1. 2004 
§808l. 
Legislative review of agency rules 
Notwithstanding 
any 
other 
provisions, 
all 
rules 
adopted 
pursuant to rule-making authority delegated to an agency on or 
after January 1, 2004, including rules authorized by amendment of 
provisions of laws in effect on that date, are major substantive 
rules and subject to the rule-making 
re~uirements as provided in 
subchapter 2 and subchapter 2-A. 
1. 
Legislative 
action. 
All 
new 
rules 
authorized 
for 
adoption on or after January 1, 2004 are major substantive rules 
and not subject to categorization by the Legislature. 
2. 
Categories of rules. 
Rules 
authorized for 
adoption 
prior to January L 
2004 retain their status as either routine 
technical or major substantive rules. 
3. 
Levels of rule-making process. 
All new rules authorized 
on or after January L 
2004 are subject only to the rule-making 
re~uirements of major substantive J-ules as provided in sections 
8072, 8073 and 8074. 
SUMMARY 
This bill makes all new rules authorized and adopted after 
January L 
2004 major substantive rules. 
All rules authorized 
prior to January 1, 2004 will retain their status established in 
statute as either routine technical or major substantive rules.