An Act To Allow Citizens To Petition Government Agencies To Repeal or Modify Occupational Regulations
Maine Legislature, Session 130, LD 0835
Committee: State and Local Government
Sponsors: ANDREWS
Amends: 5 MRSA §8075

Legislative Document
No. 835
H.P. 603
House of Representatives, March 8, 2021
An Act To Allow Citizens To Petition Government Agencies To 
Repeal or Modify Occupational Regulations
Reference to the Committee on State and Local Government suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative ANDREWS of Paris.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §8075 is enacted to read:
§8075.  Occupational rules
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Agency" means the State, all units of State Government and all units of 
governmental entities established under the Constitution of Maine or laws of the State 
or established by any entity that was established by the Constitution of Maine or the 
laws of the State.
B.  "Occupational rule" means any rule, regulation, policy, fee, condition, test, permit, 
administrative practice or other provision that allows an individual to use an 
occupational title or engage in an occupation, trade or profession or a cease and desist 
demand or other regulatory requirement that prevents an individual from using an 
occupational title or working in an occupation, trade or profession.
C.  "Welfare" means the protection of a member of the public against fraud or harm, 
and does not include the protection of an existing public or private agency or business 
from competition.
2.  Limitation of occupational rules.  All occupational rules are limited to those 
demonstrated to be necessary and carefully tailored to fulfill legitimate public health, safety 
or welfare objectives and may not unnecessarily burden the entry into a profession, trade 
or occupation.
3.  Review of occupational rules.  By January 1, 2022, every agency shall conduct a 
comprehensive review of all occupational rules within that agency's jurisdiction, and for 
each occupational rule the agency shall:
A.  Articulate with specificity the public health, safety or welfare objective served by 
the rule;
B.  Articulate the reason why the rule is necessary to serve the specified objective;
C.  Analyze, where information is readily available, the effects of the rule on 
opportunities for workers, consumer choices and costs, general employment, market 
competition, governmental costs and other similar effects; and
D.  Compare the rule to whether and how other jurisdictions regulate the same business 
or profession. 
4.  Repeal of nonconforming occupational rules.  Notwithstanding sections 8071 and 
8072, after review under subsection 3 if the agency determines that an occupational rule 
does not meet the standard of subsection 2, the agency shall:
A.  Repeal the rule or modify the rule to meet the standard in subsection 2; or
B.  If repeal or modification of the rule is not within the agency's authority, recommend 
to the Legislature actions necessary to repeal or modify the rule to meet the standard 
in subsection 2.
By January 1, 2022, each agency shall report to the Legislature on all actions taken by the 
agency to conform to subsections 3 and 4.
5.  Administrative proceedings.  A person may petition any agency at any time to 
repeal or modify an occupational rule within the agency's jurisdiction that the person avers 
does not meet the standard in subsection 2.  Within 90 days of a petition filed under this 
subsection, the agency shall either repeal the occupational rule, modify the occupational 
rule to meet the standard of subsection 2 or state the basis in which the agency determines 
the rule conforms to the standard in subsection 2.
6.  Judicial proceedings.  A person may file an action in District Court at any time to 
repeal or modify an occupational rule that the person avers does not meet the standard in 
subsection 2.  The court shall repeal or modify the rule if the court finds by a preponderance 
of evidence that the rule on its face or in its effect does not meet the standard of subsection 
2.  If the court finds for the plaintiff, the court shall enjoin further enforcement of the rule 
and award the plaintiff reasonable court costs and attorney's fees.  A plaintiff is not required 
to file a petition under subsection 5 to file a petition under this subsection.
SUMMARY
This bill requires, by January 1, 2022, all state agencies and other units of government 
to review all rules regarding a person's ability to use an occupational title or work in an 
occupation, trade or profession to determine whether the rule is necessary and carefully 
tailored to protect health, safety and welfare and does not unnecessarily burden a person's 
ability to enter an occupation, trade or profession.  After review, the agency is required to 
repeal or modify every rule that does not meet the standard of review or recommend to the 
Legislature the necessary steps to repeal or modify the rule if it is not within the agency's 
authority to do so.  Any person can at any time petition the agency or the District Court to 
repeal or modify a rule that does not meet the standard of review required by this 
legislation.