An Act To Provide for Meaningful Public Input in the Maine Administrative Procedure Act
Maine Legislature, Session 121, LD 1393
Committee: State and Local Government
Sponsors: McLAUGHLIN, NASS, BARSTOW, CURLEY, O'BRIEN, BRENNAN, ROTUNDO
Amends: 5 MRSA §8052

12lst MAINE LEGISLATURE 
Legislative Document 
No. 1393 
H.P.1019 
House of Representatives, March 19,2003 
An Act To Provide for Meaningful Public Input in the Maine 
Administrative Procedure Act 
Reference to the Committee on State and Local Government suggested and ordered printed. 
!r/~/J1.~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative McLAUGHLIN of Cape Elizabeth. 
Cosponsored by Senator NASS of York and 
Representatives: BARSTOW of Gorham, CURLEY of Scarborough, O'BRIEN of Augusta, 
Senators: BRENNAN of Cumberland, ROTUNDO of Androscoggin. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §8052, sub-§3, as enacted by PL 1977, c. 551, 
§3, is amended to read: 
3. 
Statements and arguments filed. When a public hearing is 
held, written statements and arguments concerning the proposed 
rule may be filed with the agency within 10 days after the close 
of the public hearing, or within such longer time as the agency 
may direct. 
The agency shall specifically consider each and 
every 
written 
statement 
and 
argument 
as 
part 
of 
its 
responsibility under subsections 4 and 5. 
Sec. 2. 5 MRSA §8052, sub-§3-A is enacted to read: 
A. 
Copies of proposed rules available upon 
request. 
Copies of proposed rules must be made available in accordance 
with the following: 
A. 
An 
agency shall 
make 
copies 
of 
the 
proposed 
rule 
available to persons upon request and also post the proposed 
rule 
on 
the 
agency's 
publicly 
accessible 
site 
on 
the 
Internet on the earliest of the following dates: 
(1) 
At least 20 days prior to hearing on any proposed 
rule; 
(2) 
At least 30 days prior to the comment deadline of 
any rule; and 
(3) 
The date of publication of notice. 
B. 
The agency must include with a copy of the proposed rule 
a summary stating the exact nature of the proposed rule; the 
effect of the proposed rule on the substantive services 
provided 
under 
the 
rule or affected 
by 
the 
rule; 
the 
cost-effectiveness of the proposed rule to the State; the 
effect that the proposed rule would have on programs outside 
of State Goyernment that are subject to the proposed rule; 
or the effect of the proposed rule on any reimbursement for 
services that are subject to the proposed rule. 
The summary 
must also include the underlying basis for the statements or 
conclusions. 
Sec. 3. 5 MRS A §8052, sub-§4, as amended by PL 1991, c . 632 , 
§l, is further amended to read: 
4. 
Relevant 
information 
considered. 
The 
agency 
shall 
consider all relevant information available to it, including, but 
not limited to, economic, environmental, fiscal and social impact 
Page l-LR1077 (l) 
analyses and statements and arguments filed, before adopting any 
rule. 
The agency shall make a good faith attempt to determine. 
based upon current financiaL empirical and study data from the 
State or from other jurisdictions the substantiye and financial 
effect of the proposed rule. 
The agency shall specify all data 
that it considers in the written statement and its conclusions 
with 
respect 
to 
the 
data. 
The 
agency 
shall 
consider 
all 
arguments 
and 
statements 
filed 
with 
respect 
to 
the 
rule. 
determine whether to accept or reject those arguments and in its 
final 
written 
statement 
under 
subsection 
5. 
state 
sp~cific 
reasons why those statements and arguments haye been accepted or 
rejected. 
This determination must be specific and must cite 
authority 
and 
underlying 
reasoning. 
The 
decision 
must 
incorporate all such material in its written statement. 
The 
agency shall promptly make available. whether before or after any 
hearing 
or 
decision. 
any 
releyant 
information 
that it has 
considered. 
including 
intradepartmental 
and 
interdepartmental 
communications 
and material. 
in such 
a 
way that individuals 
desiring to comment on the rule haye an opportunity to comment on 
the material. 
Sec. 4. 5 MRSA §8052, sub-§5, as amended by PL 1997, c . 196, 
§1, is further amended to read: 
5. 
Written statement adopted. 
At the time of adoption of 
any rule, the agency shall adopt a written statement explaining 
the factual and policy basis for the rule. 
The agency shall list 
the names of persons whose 
comments were received, 
including 
through testimony at hearings, 
the organizations the persons 
represent and summaries of their comments. 
The 
agency shall 
address the specific comments and concerns expressed about any 
proposed rule and state its rationale for adopting any changes 
from the proposed rule, failing to adopt the suggested changes or 
drawing 
findings 
and 
recommendations 
that differ 
from 
those 
expressed 
about 
the 
proposed 
rule. 
The 
statement 
must 
be 
specific, and must cite authority and underlying reasoning. 
A. 
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agency shall provide the names and respective positions of 
those persons in the agency responsible for the analysis and 
determination of the final language of the rule and shall 
attach 
as 
an 
appendix 
to 
the 
rule 
any 
written 
data. 
empirical data or other data relied upon in the agency's 
decision making. 
B. 
A rule may not be adopted unless the adopted rule is 
consistent with the terms of the proposed rule, except to 
the extent that the agency determines that it is necessary 
to address concerns raised in comments about the proposed 
rule, or specific findings are made supporting changes to 
the proposed rule. 
The agency shall maintain a file for 
each rule adopted that must include, in addition to other 
documents required by this Act, 
testimony, 
comments, 
the 
names of persons who commented and the organizations they 
represent 
and 
information 
relevant 
to 
the 
rule 
and 
considered by the agency in connection with the formulation, 
proposal or adoption of a rule. 
I f 
an agency determines 
that 
a 
rule 
that 
the 
agency 
intends 
to 
adopt 
is 
substantially different from the proposed rule, the agency 
shall 
request 
comments 
from 
the 
public 
concerning 
the 
changes from the proposed rule. 
The agency may not adopt 
the rule for a period of 30 days from the date comments are 
requested pursuant to this paragraph. 
Notice of the request 
for comments must be published by the Secretary of State in 
the same manner as notice for proposed or adopted rules. 
C. 
If the adoption under this subsection is final adoption 
of a major substantive rule under subchapter II-A 2-A, the 
agency must include in its written statement citation of the 
legislative act authorizing final adoption of that rule; or, 
if authorization is the result of failure of the Legislature 
to act under section 8072, subsection 7, the agency must 
indicate that fact and identify the date the agency filed 
the rule for review under section 8072. 
Sec. 5. 5 MRSA §8052, sub-§5-B is enacted to read: 
5-8. 
Kules affecting social and mental health services. 
In 
adopting rules, an agency proposing rules that affect social and 
mental health services provided to the State or its citizens 
through, but not limited to, the Department of Human Services, 
the Department of Behavioral 
and Developmental Services, 
the 
Department of Corrections and the Department of Education shall 
seek to reduce any economic burdens or reduction in services by 
taking into account the resources available to those agencies. 
An 
agency shall seek to reduce any economic burdens 
through 
flexible 
or 
simplified 
reporting 
reguirements 
if 
they 
are 
applicable. 
Sec. 6. 5 MRSA §8052, sub-§6, as amended by PL 1993, c. 362, 
§3, is further amended to read: 
6. 
Effective date. 
No rule, except emergency rules adopted 
under section 8054, becomes effective until at least 5 days after 
filing with the Secretary of State under section 8056, subsection 
1, paragraph B. 
A rule may not become effective until the Attorney General, 
pursuant 
to 
the 
provisions 
of 
subsection 
7, 
notifies 
the 
Secretary of State that the rule is in full compliance with all 
provisions contained in this section. 
When 
the effective date 
of 
a 
occurrence or nonoccurrence of 
occurrence or nonoccurrence must 
State when known. 
rule is 
contingent 
upon 
the 
an event, notification of the 
be filed with the Secretary of 
Sec. 7. 5 MRSA §8052, sub-§7, 1IB, as enacted by PL 1985, c. 
39, §1, is amended to read: 
B. 
This adopted rule is approved by the Attorney General as 
to 
form 
and legality, 
as 
required by this section and 
section 8056, within 150 days of the final date by which 
those comments may be submitted. 
SUMMARY 
This bill amends the rule-making process to clarify the 
intent of the Legislature to require agencies to consider the 
full impact of the rules, both substantively and financially, on 
the 
State, 
agencies, 
providers 
of 
services 
through 
state 
contracts and consumers of those services. 
The provisions of 
this bill require 
a 
detailed analysis at the 
time 
of 
the 
proposal, consideration and adoption of any proposed rule.