An Act To Amend the Maine Administrative Procedure Act To Strengthen Safeguards for Small Businesses
Maine Legislature, Session 123, LD 0905
Committee: Business, Research and Economic Development
Sponsors: RECTOR, RAYE, BARSTOW, BEAUDETTE, ROBINSON, SMITH, TARDY, WOODBURY, BROMLEY, SCHNEIDER
Amends: 5 MRSA §8052, 5 MRSA §8053, 5 MRSA §8057

Legislative Document 
No. 905 
H.P.680 
House of Representatives, March 1, 2007 
An Act To Amend the Maine Administrative Procedure Act To 
Strengthen Safeguards for Small Businesses 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative RECTOR of Thomaston. 
Cosponsored by Senator RAYE of Washington and 
'7J1~ frJ· 7llQ£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BARSTOW of Gorham, BEAUDETTE of Biddeford, ROBINSON of 
Raymond, SMITH of Monmouth, TARDY of Newport, WOODBURY of Yarmouth, Senators: 
BROMLEY of Cumberland, SCHNEIDER of Penobscot. 
Printed on recyc led paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §8052, sub-§5-A, as enacted by PL 1989, c. 574, §4, is amended 
to read: 
5-A. Impact on small business. In adopting rules, the agencies shall seek to reduce 
any economic burdens through flexible or simplified reporting requirements and may 
seek to reduce burdens through flexible or simplified timetables that take into account the 
resources available to the affected small businesses. 
The agency may consider 
clarification, consolidation, or simplification of compliance or reporting requirements. 
For the purposes of this subsection, "small business" means businesses that have 20 or 
fewer employees aRd gross aRRual sales Rot exeeediRg $2,500,000. 
Prior to the adoption of any proposed rule that may have an adverse impact on small 
businesses, the agency shall prepare an economic impact statement that includes the 
following: 
A. An identification and estimate of the number of the small businesses subject to 
the proposed rule; 
B. The projected reporting, record-keeping and other administrative costs required 
for compliance with the proposed rule, including the type of professional skills 
necessary for preparation of the report or record; 
C. A statement of the probable impact on affected small businesses; and 
D. A description of any less intrusive or less costly alternative methods of achieving 
the purposes of the proposed rule. 
Sec. 2. 5 MRS A §8053, sub-§3, ~, as amended by PL 1985, c. 77, §2, is further 
amended to read: 
D. 
If possible, contain the express terms of the proposed rule or otherwise describe 
the substance of the proposed rule, stating the subjects and issues involved and 
indicate where a copy of the proposed rule may be obtained; aAd 
Sec. 3. 5 MRSA §8053, sub-§3, ~, as enacted by PL 1985, c. 77, §2, is 
amended to read: 
E. 
Refer to the substantive state or federal law to be implemented by the rules~; and 
Sec. 4. 5 MRS A §8053, sub-§3, ~ 
is enacted to read: 
F. Indicate where a copy of the statement of impact on small business pursuant to 
section 8052, subsection 5-A may be obtained. 
Sec. 5. 5 MRSA §8057, sub-§l, as amended by PL 1985, c. 680, §5, is further 
amended to read: 
1. Rules; exception. Rules adopted in a manner other than that prescribed by section 
8052, subsections 1,2,3,4, 5-A and 7 and by seetioR sections 8053 and 8054 shall be are 
void and of no legal effect, provided except that insubstantial deviations from the 
I 
requirements of section 8053 sfl.al.l do not invalidate the rule subsequently adopted. Rules 
in effect prior to July I, I 978,.-5flalt become void and of no legal effect on July I, 1979, 
unless originally adopted after notice published in a newspaper of general circulation in 
some area of the State and opportunity for hearing or unless adopted in accordance with 
chapter 375, this subchapter n. 
SUMMARY 
This bill requires an agency adopting a rule to develop and make available to the 
public an economic impact statement on small businesses prior to adoption of the rule. 
The contents of the notice must include where the economic impact statement can be 
obtained. If the economic impact statement is not conducted, the rule may not go into 
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effect.