An Act to Update
Maine Legislature, Session 132, LD 1778
Committee Amendment CA_A_H749 (House)
Amends: 5 MRSA §8052, 5 MRSA §8053, 5 MRSA §8053-A, 5 MRSA §8056, 5 MRSA §8056-A, 5 MRSA §8063, 5 MRSA §8072, 12 MRSA §685-A, 25 MRSA §2103-A, 29-A MRSA §555

COMMITTEE AMENDMENT "/f " to H.P, 1189, L,D. 1778, "An Act to Update
Provisions of the Maine Administrative 'Procedure Act"
Amend the bill by striking out everythmg after the enacting clause and inserting the
following;
'See. 1. 5 MRSA §8052, sub-§2, as amended by PL 1993, c. 362, §2, is farther
amended to read:
2. Requirements. Aay A public hearmg AaU must comply with any requu-ements
imposed by statute, but sbatt is not be subject to subchapter W 4. Any public hearing sbaU
must be held and conducted as follows.
A. In the case of a rule authorized to be adopted by more than one agency member a
board or commission consistmg of 3 or more members, at least 1/3 of the aeeftey board
or commission members sfeall must be present during any hearing on the rule,
B. In the case of a rule authorized to be adopted by a single agency member, either the
agency member, a person in a major policy-influencmg position, as listed in chapter
71, or a designee who has responsibility over the subject matter to be discussed at the
hearing shall hold and conduct the hearmg,
Sec. 2. 5 MRSA §8052, sub-§5, as amended by PL 2011, c. 380, Pt, NNN, §1, is
repealed,
Sec. 3. 5 MRSA §8052, sub-§5-B is enacted to read:
5-B. Bnsis statement; summary of comments and testimonv. At the time of
adoption of any rule. an agency shall:
A. Compose a basis statement that briefly explains the factuaLand policy foundation
for the rule. If the adoption under this subsection is frnal adoption of a major
substantive rule under subchaoter 2-A. the aeencv must include in its written statement
3 citation of the leeislative act authorizine fmal adoption of thatn-ile; or. if authorization
is the result of failure of the Legislature to act under section 8072, subsection 7. the
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agency must indicate that fact and identify the date the agency filed the mle forreview
under section 8072; and
B,_List the names of persons whose comments were_ received, mcludmg_through
testimony at hearings, the organizations the persons represent and summaries of their
comments as follows.
(1) The aeencv shall address the specific comments and concerns expressed about
any proposed rule and state its rationale for adopting any changes Jrom the
proposed rule. failing to adopt the suggested changes or drawing findings and
recommendations that differ from those expressed about the nrouosed rule.
(2) 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 th_e agency.. listmg
the names of the persons who commented and the organizations they represent.
Sec.4. 5 MRSA §8052, sub-§5-C is enacted to read;
5-C. Consistency of adopted rulewith Broposedrule. A rule may not be adopted
ynlessthe adQDted rule is consistent with the terms oftheproQosed rule. except to the extent
that the aeencv determines that it is necessary to address concerns raised in comments about
the proposed rule or specific fmdings are made supportine chanees to the proposed rule, If
an aeencv determines that a rule that the agency intends to adopt is_substa^dvelv different
from the prososed rule, the_agency shaUrequest comments from the public concerning the
changes from the orooosed rule. The aeencv may not adopt the rule for a period of 3 Q days
from the date comments are requested pursuant to this subsection. Notice of the request
for comments must be published byjhe Secretary_ of S_tate m the same manner as notice for
proposed rules.
Sec. 5. 5 MRSA §8052, sub-§5-D is enacted to read;
S-D. Agency rule files. In addition tootherdocuments required by this Act. an agency
shall maintain a file for each rule adopted by the agency that includes the following
information:
A. Testimony submitted during any public hearing held on the rulei
B, Written comments submitted on the rule;
C. The names of persons who commented on the mle and the orsanizations those
persons represent;_and
D, Any other infonnation relevant to the rule and considered by the agencv_ in
5 connection with the formulation, proposal or adoption of the rule.
Sec. 6. 5 MRSA §8053, sub-§l, as amended by PL 2011,c. 479, §1-3, is further
amended to read:
1. Notice of rulemaking without hearing. At least SO 17 days prior to the comment
deadline of any proposed rule without for which a public hearing will not be held, the
agency shall deliver or mail written notice or, with written or electronic agreement oftho
party, provide send an electronic notice or paper notice to;
A. Any person specified by the statute authorizing the rulemaking;
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B. Any person who has filed within fhe past year a written or electronic request with
the agency for notice ofrulemaking;
C. Any trade, industry, professional, interest group or regional publication that the
agency considers effective in reaching the persons affected; and
E, The primary sponsor of the legislation that was enacted and authorized the
mlemaking, as long as the legislation was enacted within the previous 2 years,
Notification to subscribers under paragraph B must be by mail or, with written or
electronically submitted agreement of the subscriber, electronic notice or otherwise in
writing to the last address provided to the agency by that person, Subscribers under
paragraph B may request to receive a copy of each proposed rule with the written notice.
The agency shall provide the copy at the same time the notice is sent,
Written or electronic notice must also be given to the Secretary of State, by the deadline
established by the Secretary of State, for publication in accordance with subsection 5 . This
notice must be in a format approved by the Secretary of State.
Sec. 7. 5 MRSA §8053, sub-§2, as repealed and replaced by PL 1979, c, 425,§5,
is amended to read;
2. Notice of rulcmaldng rule-makine hearing. When an agency holds a public
hearing prior to adoption of a rule, notice of the hearing sfeell must be given in the manner
described in subsections 1 and 5, using the date of the hearmg to calculate the time periods
involved^
Sec. 8. 5 MRSA §8053, sub-§3, as amended by PL 2019,c, 146, §§1 to 3, is further
amended to read:
3. Contents of notice. Except for notices governed by subsections 5 and 7, a A notice
under this section must:
A, Refer to the statutory authority under which the adoption oftho rule is proposed;
A-l, Identify the agency prooosing the rule;
A-2, Provide the chapter number and title of the proposed rule;
A-3, Cite the statutory authority pursuant to which the rule is beme proposecL
B, State the date. time and place of any scheduled public hearing or state the manner
in which a hearing may be requested;
C. State the manner and time within which data, views or arguments may deadline by
which comments on the proposed mle must be submitted to the agency for
consideration, whether or not a hearing is held;
C-1, State the name, address and phone, telephone number and e-mail address of the
a staff person responsible for providing additional information or a printed version of
the proposed rule of the agency proposing the rule to whom inquiries about the rule,
and requests for copies of the rule. may be sent;
D. If possible, contain the expreoa terms of the proposed rule or othorwiQe desoribe tho
substance of the proposed rule, stating the subjeoto and issmea involved and indicate
whero a copy of the proposod rule may bo obtainod;
D-l. Provide a summai-v of the proposed i-ule;
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E. Refer to the substantive state or federal law te that would be implemented by the
sries oroposed mle;
P. Indicate where a copy of the statement of impact on small business information may
be obtained about any adverse economic impact on small businesses that was
documented by the agency proposing the rule pursuant to section 8052, subsection 5-A
may be obtained; and
G. Indicate whether the rule is routine technical or major substantive as those terms
are defined described in section 8071.
Sec. 9. 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 Availability of proDOsed
rules. At least 30 17 days prior to a public hearing on any proposed mle and at least 30 17
days prior to the comment deadline of any proposed rule wffeeirt for which a public hearing
will not be held, the agency shall make eejwes available on its publicly accessiblv website
a copy of the proposed rule available in writing or, with agreement of the requester,
oleotronioally, as well as provide a paper copy of the proposed mle to persons any person
upon request.
Sec. 10. 5 MRSA §8053, sub-§4, as amended by PL 2003,c. 207, §3, is repealed.
Sec. 11. 5 MRSA §8053, sub-§5, as amended by PL 2009, c. 256, §2, is farther
amended to read:
5. Publication NewspaDer^yblication and online postm^ ofaeency rule-makine
proposal notices. Using the format of notice pursuant to information listed in subsection
-73, the Secretary of State shall:
A, Arrange Shall arrange for the weekly newspaper publication of a and post. or cause
to be posted, on the Secretary of State's oubliclv accessible websjte consolidated aetiee
notices of rule making of all state agencies, which shall also include a brief oxplanation
to assist the public in participating in the rule making process agency mle-makine
proposals. Netiee Notices of each rule-making prooeeding shall proposal must be
published and posted once 17 to 24 days prior to the public hearing on the proposed
rule or. if no public hearing is scheduled, at least 30 days prior to the last date on which
viows and arguments comments on the rule may be submitted to the agency for
consideration if no public hearing is Qoheduled;
B. Designate Shall designate certain newspapers, which together have general
circulation throughout the State, as papers of record for the puipose of publishing
notice under paragraph A. Notice of proposed rules affecting only a particular locality
or region need only be published in the designated newspapers having general
circulation in the area affected;
C. Designate ShalLdesignate one day as rules day for publication of notiees-ea
mtemaking as set forth that apency mle-making orooosal notices described in this
subsection are to be published and posted; and
D. Be Must be reimbursed for the cost of publication of mle-making notice by the
agencies proposing Ae-yyleffialafig rules. The total costs of each consolidated
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publication will notice must be prorated by the Secretary of State among all agencies
submitting notice for a particular week.
Sec. 12. 5 MRSA §8053, sub-§5-A is enacted to read:
5-A. Agency postine of proposed and adopted rules. An asencv shall post its
tn'ODOsed i-ules on its publiclv accessible website. An aeency also shall post on its wblicly
accessible website the adopted rules or provide a link to the adopted rules posted on a
fubliclv accessible website maintamed by the Secretary of State.
Sec. 13. 5 MRSA §8053, sub-§6, as amended by PL 2011,c. 326, §1, is further
amended to read;
6. Electronic publication Online postine of aeencv rule-makine notices reeardine
adoption. In addition to the printed publication online posting of agency rule-makine
EroEosalnotisgs required in subsection 5, the Secretary of State shall maintain a publicly
accessible website for poQtmg the notices of all proposed and adopted mles. The contents
of the notice for elootronio publication are pursuant to subsection 3. An agency, on its
publicly accessible wobsito, shall either post its propOBed and adopted mles or provide a
link to the proposed or adopted rules posted on the Secretary of State's websito. Notice of
oaoh rule making proceeding must be published on the Secretary of State's website 17 to
2^1 days prior to the public hearing on tlw proposed rule or at least 30 days prior to the last
date on which views and arguments may be submitted to the agency for considoration if no
public hearing was sohoduled post, or cause to be posted, on the Secretary of State's
publicly accessible website the weekly notices of agency rule-makme adoptions.
provisional adoptions and fmal adoptions. The notices reeardine adoption and fmal
adoption must state the effective date of the adopted or finally adopted rules, as well as
provide the mformation specified in section 8053. subsection 3. paraeraphs A-1 . A-2. A-3.
C-l.D-landG.
Sec. 14. 5 MRSA §8053, sub-§6-A is enacted to read:
6-A. Explanation of rule-makine process. The Secretary of State shall post on the
Secretary of State's publicly accessible website a brief explanation of rulemakine to assist
the public in participatine in the rule-making process. The explanation must include
information regarding the manner in which^ a hearing on a proposed rule may be requested
by a member of the public if the agency m'ooosing the rule did not schedule a hearing.
Sec. 15. 5 MRSA §8053, sub-§7, ^G, as amended by PL 2019, c. 146, §4, is further
amended to read:
G, Indicate the impact on municipalities or counties only if there is an expected
financial impact on municipalities identified under section 8063; and
Sec. 16. 5 MRSA §8053-A, sub-§l, ^A, as amended by PL 2019, c. 146, §6, is
further amended to read:
A, If an agency determines that a rule that it intends to adopt will be subBtantially
substantively different from the proposed rule, it shall provide the Legislature with a
revised fact sheet with the information defmed m section 805 7-A, subsection 1, as it
relates to the Qubstantially substantivelv different rule. The revised fact sheet must be
provided to the Legislature in accordance with subsection 3 ,
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Sec. 17. 5 MRSA §8053-A, sub-§4, as enacted by PL 1989,c. 574, §5, is amended
to read:
4. Adopted rules. When an agency adopts rules, it shall provide a copy of the adopted
rules, the statement required by section 8052, subsection $? 5-B and the checklist required
by section 8056-A to the Secretaiy of State who shall compile the adopted rules by agency.
Sec. 18. 5 MRSA §8053-A, sub-§5, as enacted by PL 2011, c. 479, §4, is amended
to read:
5. Annual Usfe report of rule-making activity. By February 1st of each year, the
Secretary of State shall provide the Executive Director of the Legislative Council lists by
agency of all rules adopted by each agency in the previous calendar yoar, Tho Executive
Dirootor of the Logislative Council shall refer oaoh list to the appropriate joint standing
committee or oonunitteeo of the Legislature for review. Each list must include for each
rulo the following information, which must bo submitted by each agency to tho Seoretary
of State; a copy of the annual report required under section 8056-A, subsection 3.
A. Tho statutory authority for the rule and the mle chapter number and title;
B. Tho prmcipal reason or purpose for the rule;
C. A written statomont explaining the factual and policy basis for each rule adopted
pursuant to section 8052, subsection 5;
D. If the rule adopted was routine technical or maj or aubstantive;
E. If the rule was adopted as an emergency; and
P. The fiscal unpaot of the rule.
Sec. 19. 5 MRSA §8056, as amended by PL 2011, c. 380, Pt. NNN, §2, is further
amended to read;
§8056. Filing and publication of adopted and provisionallv adopted rules; online
posting of adopted rules
1. Requirements. With respect to every rule adoptedrfee or. in the case of a major
substantive rule, finally adopted. an agency shall:
A. Submit the rule to the Attorney General for approval as to form and legality;
B. Pile the original rule as signed by the Attorney General or an aBsistant attomoy
general and the authorized representative oftho agency, and the statement required by
section 8052, subsection 5, After the rule is aporoved by the Attorney General as to
form and legality pursuant to paragraph A. file with the Secretaiy of State ifi.i_usmg a
form or forms or an electronic filiag platform prescribed by the Secretary of State,
which form is susceptible to frequent and easy revision. the adopted rule and any other
filing documentation as is required by the Secretary of State. The adopted rule and all
other filing documentation must be in a format apm'oYed by the Secretary of State; and
(1) Through rulemaking, an agency may mcorporate by reference all or any part
of a code, standard, rule or regulation that has been adopted by an agonoy of tho
United States or of this State or by a nationally recognized organization or
assooiation,
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(2) The roforence in the agency rulos must fully identify the incorporated matter
by oxaot title, edition or version and dato of publication.
(3) The rules must state where copies of the incorporated matter are availablo at
cost from the agency isQuing the rule or where copies are available from the agency
oftho United States, this State or an organization or aQsooiation originally issuing
that matter,
(/1) An agency incorporating a matter by reference shall submit a copy of the
incorporated matter to the Secretary of State;
C. Sw^tyr Provide, without cost or at actual cost. eepies a paper copy of each such
rule to any person who has filed with the agency within the past year a written request
to be supplied with all oopiea of the agency's rules; and requests a paper copy.
D, Publish, pursuant to the procedures set forth in section 8053, subsection 6, a notice
containing the following information: A statement that the rule has been adopted, its
effective date, a brief deooription of the substance oftho rule, and the address where a
copy may be obtained.
2. Form. With respect to ever)' rule adopted by the agonoy and in effect, the agency
shall prmt and compile and make available to any person, at each of its offices, for
mspeotion at no charge and for copying with or without cost, as the agonoy shall dotermino,
and for diatribution free or at actual cost, complete seta ofsuoh rules currently in offeot,
2-A. Incorporation bv reference. Throueh rulemakme. an aeencv mav incoroorate
by reference into a rule all or any part of a code, standard, rule or regulation that has been
adopted by an agency of the United States or of this State or by a nationally recognized
oreanization or association.
A. The reference in the agency rule must fullv identify the incorporated matter by
exact title, edition or version and date of publication.
B. The rule must state where copies of the incorporated jnatter are^yailable^.t cost
from the agency issuing the rule or where copies are available from the aeencv of the
United States_or this State oLthe organizatiQn or_associatiQn_that origmallv produced
the incoi'Borated matter,
C. An agency incorporatme a matter by reference into a rule shall maintama CQBY of
the incorporated matter at its princioal ofFice.
3. Secretary of State. The Secretary of State shalk maintain, and make available
through the Secretary ofState's ffl.ibliclv accessible website, electronic copies of then.iles
of each agency that are in effect,
A. Maintain and make available at the Secretary of State's office, for inspection at no
charge and for copying or purchase, current copies of oompleto rules for all agenoios
filed in accordance with subsection 1, paragraph B;
A 1. Compile, edit, index and arrange for publication and disitribution all current rules
of Qtato agenoieo as available reQouroos permit. Compilations must be supplomentod
or revised at least annually;
A 2, Publish un annual list of current rules of state agencies;
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B. Supply, at actual oest, annually updated copies of comploto sote of rules of an
agency to any person who has filed with the Secretary of State within the past year a
written request for such sets of rules; and
G-. — Codify all current state agency rules in an elooti'onio toxt file data base, in
ooniiultation with affootod stuto agonoios and in accordance with subsections 7 and 8,
as available rosouroos pomiit.
4. Additional requirements. The requirements of subsection 2 shall additionally be
applicable to the agency's forms, instmotionG, explanatory statementQ and other items
defined in section 8002, subsection 9, paragraph B, subparagraph (/1).
5. Record of vote. la addition to the foregoing and as applicable, each agency shall
keep maintain, at its principal office, and make available for inspection to any person^ a
record of the vote of each member of the agency taken in rule-making proceedings.
6. Attorney General review and approval. The review required in subsection 1^
paragraph A may not be performed by any person involved in the formulation or drafting
of the proposed rule. The Attorney General may not approve a rule if it is reasonably
expected to result in a taking of private property under the Constitution of Maine unless
such a result is directed by law or sufficient procedures exist in law or in the proposed rule
to allow for a variance designed to avoid such a taking.
7. Codification of rules. The Secretary of State, in consultation with affooted stato
agencies, shall develop a plan to codify all current ruleQ of state agonoiss within its available
resources. The codified rules muat be maintained on an olectronic text file data base. To
develop the eleotronio text file data base, agencies may refile an exisjtmg rule or parts of an
existing rule. If an agency refiles a rule or portion of a rule;
A. Th@ agency may not make at the time ofrefiling any substantive changes in that
rule or portion of that rule; and
B, The rofiled rule or portion of the rule must be adopted in aooordanoe with the Maino
Administrative Procedure Act oxoopt that public comment on the refiling under sootion
8057 A, subsection 3 is limited to dooumentmg where the refiled mle or portion oftho
rule is substantively different from the existing rule.
8. Electronic text file procedures. Under oubseotion 1, the S@crotary of State may
establish by rule m accordance with the Maine Adminiatmtive Procedure Act procedures
and oritoria for the filing of rules in electronic text file format.
8-A. Electronic filine procedures. In accordance with subsection 1, the Secretary of
4 State may establish. including by routine technical rules. procedures for the electronic filine
5 of rules and rule-making documentation. If the Secretary of State implements an electronic
filmg platform throueh which rules and rule-makmg documentation and information
specified in this Act are to be filed, that platform is the exclusive means throueh which
rules andrule-making documentation may be filed, except as otherwise determined by the
Secretary of State, An adopted rule that is filed by an agency through an electronic filing
platform and accepted for filing by the Secretary of State is an officialcopyoftheiiile.
9. Certification of published adopted rules. The Secretary of State may certify that
a publication of the codified mles and any supplements or replacement volumes to that
publication are a oorreot transcript of the text of the original rules a paper or electronic copy
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ofan adopted rule accepted for filing and maintained by the Secretary of State is an official
copy of the mle.
A. Certified publications paper copies of rules must contain be accompanied by a
prmted certificate of the Secretary of State stating that the publication is tbe an official
copy. A facsimile of the signature of the Secretary of State imprinted by or at the
direction of the Secretaiy of State has the same validity as a written signature of the
Secretary of State,
B, A publication ofthe^sries paper copy of an adopted rule that has been certified by
the Secretary of State constitutes prima facie evidence of the fides rule,
C. Any publication or copy of a an adopted rule ei-mtes that is not certified by the
Secretary of State;
(1) May neither state nor imply that the publication or copy of the rule is an official
copy of the rules; and
(2) Must state in a conspicuous location information about where the Secretary of
State's a certified copy is located of the rule may be obtained,
10. Minor errors. The Secretary of State may correct minor, nonsubstantive errors
in spelling and format in proposed or adopted rules if the agonoy is notified,
10-A. Minor errors; updatine words or terms. Without havine to tnitiate
mlemakme pursuant to this Act:
A. At the request of or in consultation with an agency, the Secretary of State may
correct minor, nonsubstantive errors in sDellme and format in a proposed or adopted
rule; and
B^_At_the reguestofan agencv, the_Secretarv of State mavjlpdate words or terms used
in an existing rule for which new or more contemporary words or terms are used.
includme. for example, words or terms that are more respectful than those used in an
existing rule,
Sec. 20. 5 MRSA §8056-A, sub-§3, as amended by PL 1991,c. 554, §3, is further
amended to read:
3. Report. The Secretary of State shall report to the Governor and the jomt standing
committee of the Legislature havmg jurisdiction over state and local government prior to
February 1st of each year with respect to rule-making activities for the prior year. The
2 report must include a list of all the rulesthatwere adopted, pi'OYisiQnallv adoptedorfinallv
adopted by agencies during that prior year. as well as state whether each rule is a routine
technical or major substantive rule. whether a rule was adopted on an emergency basis and
what the statutory authority is for the rule, The report must also include statistical
infoimation on agency mle-makmg activities, agency oxperienco with procedural
requirements of this Qubchapter, an ©valuation of the oodifioation process, the impact of the
8 electronic text file data base on stato agencies and users of the rules and recommendations
for unprovements to the rule-making process. In preparing the report, the Secretary of
State shall solicit comments on this subchapter from agencies and their legal counsels, the
Executive Director of the Legislative Council and the public.
Sec. 21. 5 MRSA §8063, first ^ as enacted by PL 1991, c. 233, is amended to
read:
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Every rule proposed by an agency must contain a fiscal impact note at the end oftho
rule. The note must be placed on the rule prior to any public hoarmg and, in the oasa of
rules adopted without a hearing, prior to the sending of notice undor section 8053, The
fiscal impact note must describe the estimated cost to municipalities and counties for
implomenting or complying with the proposed rule. If the proposed rule will not impose
any cost on municipalities or counties, the fiscal impact note must state that fact as part of
the filine.
Sec. 22. 5 MRSA §8072, sub-§8, as amended by PL 2011, c, 244, §8, is further
amended to read;
8. Final adoption; effective date. Unless otherwise provided by law, fmal adoption
of a rule or part of a rule by an agency must occur within 60 days of the effective date of
the legislation approving that rule or part of that rule or of the adjournment of the session
in which the Legislatjre failed to act on the rule or part of the rule as specified in subsection
11. Finally adopted rules must be filed with the Secretary of State as provided in section
8056, subsection 1, paragraph B and notice must be published posted as provided in section
8056, subsection 1, paragraph D 3.. Except as otherwise specified by law, the rules become
effective 30 days after filing with the Secretary of State or at a later date specified by the
agency.
Sec. 23. 12 MRSA §685-A, sub-§7-A, ^B, as enacted by PL 1999, c. 333, §8, is
amended to read:
B. Adoption and amendment of land use district standards, district boundaries and land
use maps are rule-making procedures subject to the requirements of Title 5, chapter
375, subchapter B 2, except that the requirements of Title 5, section 8052, subsections
§? 5-A. 5-B and 7; section 8053-A; section 8056, subsections lr-3- and 4 3; section
8056-A; section 8057, subsection 2; section 8057-A; section 8060; section 8062; and
section 8064 do not apply. The requirements of Title 5, chapter 375, subchapter S 2
are further modified by the following provisions,
(1) Public notice of proposals to adopt or amend land use district standards, district
boundaries or land use maps must state the time and the place where copies of the
0 proposal may be inspected prior to the hearing.
(2) The commission shall give notice of hearmgs to amend district boundaries, by
mail, to appropriate state and federal agencies and the owners of directly affected
and abutting properties, according to their names and addresses as shown on the
records of Maine Revenue Services or plantation or town tax assessors. If the
number of owners of directly affected and abutting properties is more than 50,
notice may instead be by publication conforming to the requirements for
newspaper publication of hearings under Title 5, chapter 375, subchapter tV- 4.
(3) At any time prior to the date of adoption of proposed land use district standards,
land use boundaries or land use maps, the commission may elect to reopen the
public hearing record and extend the time period for public comment to such date
as it may designate.
(4) The commission must act to adopt or not to adopt proposed land use district
standards, land use boundaries or land use maps within 90 days after the date of
final closure of the public hearing.
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y
(5) Land use district boundaries and land use maps become effective 15 days after
adoption or amendment by the commission, as long as the boundaries and maps
are available in the appropriate registry of deeds for each county. Notice of
adoption or amendment of land use district boundaries and land use maps must be
given by publication one time m a newspaper of general circulation published m
the area affected.
(6) Permanent land use standards adopted by the commission are effective
immediately, but must be submitted to the next regular or special session of the
Legislature for approval or modification. If the Legislature fails to act, those
standards contmue in full force and effect.
Sec. 24. 25 MRSA §2103-A, sub-§2, ^D, as enacted by PL 1989, c, 754, Pt. C,
§ 1, is amended to read:
D. The Secretary of State shall maintain and make available at the Secretary of Stato'Q
office, for inspection at no charge and for copying or purchase at actual cost, current
copies of those state rules as filed m accordanoe with paragraph A and include them
within the compilations subject to Title 5, sootion 8056, subQeotion 3, paragraphs A 1
aad-Br The Secretary of State Department of Public Safety shall rise make available
at the Secretary of Stato's department's main office, for inspection at no charge, and for
copymg at actual cost, a current published copy of the referenced federal regulations
and amendments, but requests for purchase of copies or certified copies of the federal
regulations or amendments may be directed to the appropriate federal agency.
Sec. 25. 29-A MRSA §555, sub-§2, ^]E, as amended by PL 2013, c, 50, §1, is
further amended to read:
E. Tho Secretary of State ohall maintain and make available at the Seoretaiy of State's
office for mspeotion at no ohargo, and for copying or purchase at uotual oost, curront
copies oftho rule and include it within the oompilations subject to Title 5, section 8056,
Bubseotion 3, paragraphs A 1 and B. The Secretary of State bureau shall also make
available for inspection at no charge and for copying at actual cost a current published
copy of the referenced federal regulations and amendments,'
0 Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment replaces the bill. The amendment updates certain provisions of the
Maine Administrative Procedure Act and related provisions by making the following
changes.
1. It clarifies provisions relating to rule-making public hearings conducted by boards.
2, It revises and reorganizes the current provisions regarding rule basis statements,
comments on proposed rules and agency responses to those comments, consistency of the
text of proposed rules with the text of rules revised durmg the rule-making process and
maintenance by agencies ofmle files for each rule that is adopted.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "/+" to H.P, 1189, L.D. 1778
^•^
3. It adjusts provisions relating to rule-making notices and the public availability of
proposed rules to ensure that the tune frames stated in those notices and rules are consistent
with each other and other provisions of the Maine Administrative Procedure Act,
4. It updates the provision that lists the ittformation that must be included in rule-
making proposal public notices to ensure consistency with current practices.
5. It updates the provision pertaining to agencies' obligation to make copies of
proposed mles available to the public.
6. It repeals the provision regarding fees that agencies may charge to provide notices
ofrule-making proposals and copies of proposed mles, as such information is now readily
available online at no cost.
7. It updates the provision that requires the Secretary of State to arrange for weekly
newspaper publication of agency rule-making proposal notices and requires online posting
of the notices,
8. Itrequires agencies to posttheir proposed rules on their publicly accessible websites,
as well as to post their adopted rules on those websites or provide a link to their rules that
are posted on a website maintained by the Secretary of State.
9. It updates and clarifies the provision that requu-es the Secretary of State to post
agency rule-making notices regardmg adoption online.
10. It requires the Secretary of State to post online a brief explanation of the rule-
making process, including an explanation of how a public hearing on a proposed rule may
be requested if such a hearing has not been scheduled,
11. It revises the provision regarding agencies' filing of adopted mles to;
A, Account for technological updates, including the availability of rules and rule-
making information and notifications online;
B. Account for the fact that the Secretary of State does not compile and publish a
formal code or registiy of state agency rules;
C. Relocate and revise the provision regarding the incorporation of materials by
reference by agencies into their rules;
D. Update and clarify the provision regarding certification of adopted mles by the
0 Secretary of State; and
E. Strengthen the provision that authorizes minor errors in rules to be corrected by the
Secretary of State without agency rulemaking having to occur.
12, It revises current provisions concerning annual reports that are provided by the
Secretary of State to the Governor and to the joint standing committee of the Legislature
5 having jurisdiction over state and local government matters.
13. It removes the provision that requires agencies to include a fiscal impact note at
the end of each rule, as such information is now collected in other documents that
accompany proposed and adopted rule filings with the Secretary of State.
14. It makes various technical corrections.
FISCAL NOTE REQmRED
(See attached)
COMMITTEE AMENDMENT
Approved: 06/02/25 i-Kt.
LD 1778 LR 1692(02)
An Act to Update Provisions of the Maine Administrative Procedure Act
Fiscal Note for Bill as Amended by Committee Amendment
Committee: Judiciary
Fiscal Note Required: Yes
•?W
Fiscal Note
Minor cost increase - General Fund
Fiscal Detail and Notes
Any additional costs to the various agencies impacted by the provisions of this bill are anticipated to be minor and can
be absorbed within existing budgeted resources,
LR1692(02) - Fiscal Note - Page 1 of 1