An Act To Amend the Maine Administrative Procedure Act
Maine Legislature, Session 125, LD 1410
Committee: State and Local Government
Sponsors: CAREY, DUCHESNE, FITTS, COURTNEY, RECTOR
Amends: 5 MRSA §8053-B

Legislative Document 
No. 1410 
H.P. 1036 
House of Representatives, April 6, 2011 
An Act To Amend the Maine Administrative Procedure Act 
Reference to the Committee on State and Local Government suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative CAREY of Lewiston. 
Cosponsored by Representatives: DUCHESNE of Hudson, FITTS of Pittsfield, McKANE of 
Newcastle, Senators: COURTNEY of York, RECTOR of Knox. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §8053-B is enacted to read: 
§8053-B.  Public rule-making docket 
1.  Public rule-making docket.  Each agency shall maintain a current rule-making 
docket accessible to the public and posted on the publicly accessible portion of the 
agency’s website.  The rule-making docket must list every proposed agency rule or 
modification of a rule that is under active consideration.  For purposes of this subsection, 
a proposed rule or modification of a rule is under active consideration during the time 
period commencing from when notice is provided under section 8053 to final disposition 
of the proposed rule or modification of a rule including withdrawal, termination or 
rejection of the proposed rule or modification of a rule or when the proposed rule or 
modification of a rule becomes effective. For each proposed rule or modification of a rule 
listed in the rule-making docket, the rule-making docket must state: 
A.  The precise subject matter of the proposed rule or modification of a rule; 
B.  The name, address and phone number of the staff person responsible for 
providing information on the proposed rule or modification of a rule; 
C.  The proposed rule or modification of a rule's current status within the agency; and 
D.  Any pending rule-making proceeding under subsection 2 for the proposed rule or 
modification of a rule. 
2.  Pending rule-making proceedings.  For each proposed rule or modification of a 
rule listed in the rule-making docket under subsection 1, the rule-making docket must list 
information on each pending rule-making proceeding, including: 
A.  The subject matter of the proposed rule or modification of a rule; 
B.  A citation to all published notices relating to the proceeding; 
C.  Where written comments concerning the proposed rule or modification of a rule 
may be inspected; 
D.  The time period during which written comments may be made; 
E.  The name of any person who petitioned for the adoption or modification of a rule 
under section 8055 and where any petition under this paragraph may be inspected; 
F.  The current status of the proposed rule or modification of a rule and any agency 
determination with respect to the proposed rule or modification of a rule; 
G.  The date and time of any scheduled hearing; 
H.  The timetable for any agency decision or other action in the proceeding; 
I.  The State’s cost to implement the proposed rule or modification of a rule; 
J.  The impact of the proposed rule or modification of a rule on business and jobs, 
including the economic impact statement required under section 8052, subsection 5-A 
and where the economic impact statement may be inspected; 
K.  The date of adoption of the proposed rule or modification of a rule; and 
L.  If the proposed rule or modification of a rule has been adopted, the date that the 
resulting rule or modification becomes effective. 
SUMMARY 
This bill requires under the Maine Administrative Procedure Act for each state 
agency to maintain a rule-making docket on the agency's publicly accessible website 
listing any proposed rules or modifications to rules under active consideration by the 
agency.  The rule-making docket must list for each proposed rule or modification of a 
rule the specific subject matter of the proposed rule or modification of a rule, agency 
contact information, status within the agency and information regarding any pending 
proceedings concerning the proposed rule or modification of a rule.