An Act to Require the Automatic Repealing of Agency Rules
Maine Legislature, Session 132, LD 0965
Sponsors: LIBBY

Legislative Document
No. 965
H.P. 624
House of Representatives, March 11, 2025
An Act to Require the Automatic Repealing of Agency Rules
Received by the Clerk of the House on March 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 LIBBY of Auburn.
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
§8091.  Automatic repeal of rules and amendments to rules
Notwithstanding any provision of law to the contrary, 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.
1.  Automatic repeal.  Except as otherwise provided in this section, an agency rule 
that, in accordance with the requirements of this chapter, is finally adopted or an 
amendment to which is finally adopted:
A.  After January 1, 2026 is automatically repealed 5 years from the date of adoption; 
and
B.  On or before January 1, 2026 is automatically repealed on January 1, 2030.
2.  Notice of repeal.  The Secretary of State shall provide to the agency that adopted 
or has jurisdiction over each rule a notice regarding the date of the automatic repeal of the 
rule as set forth in subsection 1, including for any rule renewed by the Legislature prior to 
repeal pursuant to subsection 3 or 4 or automatically renewed pursuant to subsection 5, no 
later than 18 months prior to the date on which the rule is automatically repealed.
3.  Agency request for renewal of rule prior to repeal.  In accordance with this 
subsection, an agency that has adopted or has jurisdiction over a rule may submit to the 
Legislature a request that the rule be renewed and not 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 shall 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not later than one year prior to the date on which the rule is automatically repealed in 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 shall 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.  If the rule to be reviewed is a major substantive 
rule as defined in subchapter 2-A, the committee shall apply in its review the criteria 
set forth in section 8072, subsection 4.  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.  Regular review of agency rules by legislative committee.  Each joint standing 
committee of the Legislature shall establish an agency rule review schedule, which must 
facilitate the committee’s review of each adopted agency rule within the committee’s 
subject matter jurisdiction prior to the date on which the rule is automatically repealed in 
accordance with this section.  If the rule to be reviewed is a major substantive rule as 
defined in subchapter 2-A, the committee shall apply in its review the criteria set forth in 
section 8072, subsection 4.   Following its review of each rule, the committee shall submit 
to the Legislature any findings and recommendations regarding whether the rule should be 
renewed and may report out legislation necessary to renew the rule for an additional period 
of up to 5 years.
5.  Automatic renewal of agency rules.  If an agency's rule is renewed by the 
Legislature pursuant to subsection 3 or 4, prior to the date on which the rule is automatically 
repealed, the agency may elect to submit to the Legislature a request that the rule be 
automatically renewed for a period of 5 additional years subsequent to the running of the 
renewal period provided for by the Legislature.  
A.  A request for automatic renewal under this subsection must include identification 
by the agency of 2 additional rules adopted by the agency that the agency will not seek 
renewal of prior to automatic repeal pursuant to this section.  If the agency requests 
automatic renewal of a rule that is a major substantive rule as defined in subchapter 
2-A, the 2 additional rules for which the agency will not seek renewal prior to automatic 
repeal must also be major substantive rules.
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 for which automatic renewal is requested 
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 automatic renewal and may report out 
legislation necessary to approve automatic renewal of the rule for an additional period 
of up to 5 years contingent upon the agency not seeking renewal of the 2 additional 
rules it identified in the request pursuant to paragraph A.  
6.  Additional requirements for rules adopted after January 1, 2026.  In addition 
to the other requirements of this section, an agency rule that, in accordance with the 
requirements of this chapter, is finally adopted after January 1, 2026 must, at the time the 
agency finally adopts the rule, include a statement identifying 2 existing rules adopted by 
or under the jurisdiction of the agency that the agency will not seek renewal of prior to the 
automatic repeal of those rules pursuant to this section.  If the agency is finally adopting a 
rule that is a major substantive rule as defined in subchapter 2-A, the 2 additional rules for 
which the agency will not seek renewal of prior to automatic repeal must also be major 
substantive rules.  For any rule that an agency identifies pursuant to this subsection as a 
rule that the agency will not seek renewal of prior to its automatic repeal, the Legislature 
may not consider renewal of that rule pursuant to subsection 3 or 4 prior to its automatic 
repeal under 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 and any rule finally adopted on or before January 1, 2026 is 
automatically repealed on January 1, 2030.  The bill includes a process by which the 
Legislature may review and approve a renewal of an adopted rule prior to its automatic 
repeal for an additional period of up to 5 years.  The bill also provides that an agency rule 
finally adopted after January 1, 2026 must include a statement identifying 2 existing rules 
adopted by or under the jurisdiction of the agency that the agency will not seek renewal of 
prior to the automatic repeal of those rules.