An Act To Improve Public Understanding in Rulemaking
Maine Legislature, Session 122, LD 0562
Committee: State and Local Government
Sponsors: SAVIELLO, NUTTING, BROWNE, FINCH, FISCHER, FLETCHER, HOTHAM, MARLEY, MILLS, SHERMAN
Amends: 5 MRSA §8052, 5 MRSA §8053

Legislative Document 
No. 562 
H.P.417 
House of Representatives, February 3,2005 
An Act To Improve Public Understanding in Rulemaking 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative SAVIELLO of Wilton. 
Cosponsored by Senator NUTTING of Androscoggin and 
'7J1~ frJ.17/d£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BROWNE of Vassalboro, FINCH of Fairfield, FISCHER of Presque Isle, 
FLETCHER of Winslow, HOTHAM of Dixfield, MARLEY of Portland, MILLS of 
Farmington, SHERMAN of Hodgdon. 
Printed on rer..:yded paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 5 MRSA §8052. sub-§5. as amended by PL 1997, c. 196, 
§l, 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. 
For rules that have received 
5L.]2ublic hearing, the ~artment of Agriculture, Food and Rural 
Resources, 
the Department of Conservation, 
the 
Department of 
Environmental Protection and the Department of Inland Fisheries 
and Wildlife shall identify the primary sources of information 
relied on in establishing the primary provisions of the rule. 
A. 
If the same or similar comments or concerns about a 
specific 
issue 
were 
expressed 
by 
different 
persons 
or 
organizations, the agency may synthesize these comments and 
concerns into a single comment that accurately reflects the 
meaning and intent of these comments 
and concerns to be 
addressed by the agency, listing the names of the persons 
who commented and the organizations they represent. 
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. 
If 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. 
Page l-LR1065(l) 
C. 
If the adoption under this subsection is final adoption 
of a 
major substantive rule under subchapter ll-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. 2. 5 MRSA §8053. sub-§3-A. as amended by PL 2003, c. 207, 
§2, is further amended to read: 
3-A. 
Copies of proposed rules available upon request. At 
least 20 days prior to g 
hearing on any proposed rule and at 
least 20 days prior to the comment deadline of any rule without a 
hearing, 
the 
agency 
shall 
make 
copies 
of 
the 
proposed 
rule 
available 
in 
writing 
or, 
with 
agreement 
of 
the 
requestor, 
electronically to persons upon request. 
At least 10 days prior 
to a hearing on any~oposed ru~the D~partment of Agriculture, 
Food and Rural Resources, 
the Department of Conservation, 
the 
Department 
of 
Environmental 
Protection and 
the 
Department 
of 
Inland Fisheries 
and Wildlife shall 
provide 
to 
persons 
upon 
~uest a list of the primary sources of information relied on in 
establishing the 
primary provisions of 
the 
proposed 
rule 
as 
reguired in section 8052, subsection 5. 
SUMMARY 
This bill requires the Department of Agriculture, Food and 
Rural Resources, the Department of Conservation, the Department 
of 
Environmental 
Protection 
and 
the 
Department 
of 
Inland 
Fisheries and Wildlife to make available to the public primary 
sources of information that support the primary provisions in 
proposed rules.