An Act to Provide for a 5-year Automatic Repeal of Agency Rules
Maine Legislature, Session 132, LD 0490
Sponsors: SMITH

Legislative Document
No. 490
H.P. 319
House of Representatives, February 11, 2025
An Act to Provide for a 5-year Automatic Repeal of Agency Rules
Received by the Clerk of the House on February 6, 2025.  Referred to the Committee on 
State and Local Government pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative SMITH of Palermo.
Cosponsored by Representatives: COLLINS of Sidney, HAGGAN of Hampden, MINGO of 
Calais, MORRIS of Turner, OLSEN of Raymond, PERKINS of Dover-Foxcroft, SOBOLESKI 
of Phillips.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA c. 375, sub-c. 2-B is enacted to read:
SUBCHAPTER 2-B
AUTOMATIC REPEAL OF RULES AND AMENDMENTS TO RULES 
ADOPTED AFTER JANUARY 1, 2026
§8091.  Automatic repeal of rules and amendments to rules adopted after January 1, 
2026
The provisions of this section apply to any rule that is adopted or amended by any 
agency in accordance with the requirements of this chapter after January 1, 2026, including 
any rule that is adopted or amended prior to January 1, 2026 and then further amended after 
January 1, 2026.
1.  Automatic repeal.  Except as provided in subsection 3 and notwithstanding any 
provision of law to the contrary, an agency rule that is finally adopted or an amendment to 
which is finally adopted in accordance with the requirements of this chapter after January 
1, 2026 is automatically repealed 5 years from the date of final adoption.
2.  Notice of repeal.  For a rule subject to automatic repeal under this section, including 
any such rule renewed prior to repeal pursuant to subsection 3, the Secretary of State shall 
provide to the agency that adopted or has jurisdiction over the rule a notice regarding the 
date of the automatic repeal no later than 18 months prior to the date on which the rule is 
repealed.
3.  Renewal of rule prior to repeal.  In accordance with this subsection, an agency 
that has adopted or has jurisdiction over a rule subject to automatic repeal under this section 
may submit to the Legislature a request that the rule be renewed and not be subject to repeal 
for an additional period of up to 5 years.  
A.  The request must describe the basis for renewing the rule and include a cost-benefit 
analysis of the rule.  The agency must submit the request not earlier than 2 years and 
not later than one year prior to the date on which the rule is automatically repealed in 
accordance with this section and must publish the request on its publicly accessible 
website at the time the request is submitted.  
B.  A request determined by the Legislature to be properly submitted under this 
subsection must be reviewed by the joint standing committee of the Legislature having 
jurisdiction over the subject matter of the rule during the legislative session to which 
the request is submitted or during the next legislative session if the request is submitted 
while the Legislature is not in session.  Following its review, the committee shall 
submit to the Legislature any findings and recommendations regarding the request for 
renewal and may report out legislation necessary to renew the rule for an additional 
period of up to 5 years.  
4.  Legislative authority.  Nothing in this section prohibits the enactment of legislation 
that provides for the automatic repeal of an agency rule less than 5 years from the date on 
which the rule or an amendment to the rule is finally adopted or for the repeal of an agency 
rule prior to the date on which the rule is automatically repealed in accordance with this 
section.
SUMMARY
This bill amends the Maine Administrative Procedure Act to provide that any agency 
rule that is finally adopted or an amendment to which is finally adopted in accordance with 
the requirements of that Act after January 1, 2026 is automatically repealed 5 years from 
the date of final adoption.  An agency that has adopted or has jurisdiction over a rule subject 
to automatic repeal may submit to the Legislature a request that the rule be renewed and 
not be subject to repeal for an additional period of up to 5 years.  For any rule subject to 
automatic repeal, the bill requires the Secretary of State to provide to the agency that 
adopted or has jurisdiction over the rule a notice regarding the date of the automatic repeal 
no later than 18 months prior to the date on which the rule will be repealed.