An Act To Improve Public Understanding in the Rulemaking of Certain Departments
Maine Legislature, Session 125, LD 0158
Committee: State and Local Government
Sponsors: SAVIELLO, COLLINS, SNOWE-MELLO, THIBODEAU, THOMAS, TRAHAN, CEBRA
Amends: 5 MRSA §8052, 5 MRSA §8053

Legislative Document 
No. 158 
S.P. 51 
In Senate, January 25, 2011 
An Act To Improve Public Understanding in the Rulemaking of 
Certain Departments 
Reference to the Committee on State and Local Government suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator SAVIELLO of Franklin. 
Cosponsored by Senators: COLLINS of York, SNOWE-MELLO of Androscoggin, 
THIBODEAU of Waldo, THOMAS of Somerset, TRAHAN of Lincoln, Representative: 
CEBRA of Naples. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  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.  For rules that 
have received a public hearing, 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 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. 
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. 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 a 
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 proposed rule, 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 shall 
provide to persons upon request a list of the primary sources of information relied on in 
establishing the primary provisions of the proposed rule as required 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.