reglab/housing_qa huggingface dataset:
5 ME Rev Stat § 8051-A (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 2: RULEMAKING|5 §8051-A. Appointment of liaison

 §8051-A. Appointment of liaison The commissioner or director of each state agency shall designate a person to serve as a liaison between the agency and the general public, the Legislature, the Secretary of State and the office of the Attorney General with respect to rulemaking. The liaison shall serve as a representative of the agency with respect to providing information about agency rules. The liaison is responsible for implementing the procedural provisions of this subchapter. The Secretary of State shall maintain a list of all agency liaisons and their contact information on a publicly accessible website.   [PL 2007, c. 581, §1 (AMD).]SECTION HISTORY PL 1989, c. 574, §2 (NEW). PL 2007, c. 581, §1 (AMD).
5 ME Rev Stat § 8051-B (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 2: RULEMAKING|5 §8051-B. Consensus-based rule development process

 §8051-B. Consensus-based rule development process 1.  Agency authority.  An agency may voluntarily engage in a consensus-based rule development process. An agency that develops a draft rule through a consensus-based rule development process retains the sole discretion over whether to submit the rule as a proposed rule and as to the final language of the proposed rule.   [PL 1999, c. 307, §2 (NEW).] 2.  Initial considerations.  As part of a consensus-based rule development process, an agency shall:   A. Establish a representative group of participants with an interest in the subject of the rulemaking;   [PL 1999, c. 307, §2 (NEW).]B. Develop ground rules for the operation of the consensus-based rule development process that are mutually acceptable to the agency and the participants;   [PL 1999, c. 307, §2 (NEW).]C. Disclose the funding and time constraints on the agency;   [PL 1999, c. 307, §2 (NEW).]D. Give prior notice of all meetings to the representative group of participants and establish a mechanism for other interested parties to receive notice and information regarding all meetings;   [PL 1999, c. 307, §2 (NEW).]E. Select an agency employee or another individual contracted by the agency to chair or facilitate the meetings; and   [PL 1999, c. 307, §2 (NEW).]F. Distribute a summary and submitted materials from all meetings to the representative group of participants and other interested parties.   [PL 1999, c. 307, §2 (NEW).][PL 1999, c. 307, §2 (NEW).] 3.  Record.  An agency that engages in a consensus-based rule development process that results in a proposed rule shall maintain:   A. A list of all meetings held, the participants at each meeting and the interests or organizations they represented;   [PL 1999, c. 307, §2 (NEW).]B. A summary of each of the meetings; and   [PL 1999, c. 307, §2 (NEW).]C. A description by the agency of the consensus-based rule development process and an analysis of the decisions that came out of that process, including the extent to which consensus was reached on the decisions.   [PL 1999, c. 307, §2 (NEW).][PL 1999, c. 307, §2 (NEW).] 4.  Judicial review.  An agency action to engage in or terminate a consensus-based rule development process is not subject to judicial review. This section does not bar judicial review of a rule finally adopted by an agency following a consensus-based rule development process if such a review is otherwise available by law as long as the basis for review is other than procedural error in the consensus-based rule development process.   [PL 1999, c. 307, §2 (NEW).] SECTION HISTORY PL 1999, c. 307, §2 (NEW).
5 ME Rev Stat § 8054 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 2: RULEMAKING|5 §8054. Emergency rulemaking

 §8054. Emergency rulemaking 1.  Emergency.  If the agency finds that immediate adoption of a rule by procedures other than those set forth in sections 8052 and 8053 is necessary to avoid an immediate threat to public health, safety or general welfare, it may modify those procedures to the minimum extent required to enable adoption of rules designed to mitigate or alleviate the threat found. Emergency rules shall be subject to the requirements of section 8056.   [PL 1977, c. 551, §3 (NEW).] 2.  Agency findings.  Any emergency rule must include, with specificity, the agency's findings with respect to the existence of an emergency, including any modifications of procedures, and such findings are subject to judicial review under section 8058. Such findings must be included in the basis statement for any adopted emergency rule in a section labeled "findings of emergency." No emergency may be found to exist when the primary cause of the emergency is delay caused by the agency involved.   [PL 2011, c. 244, §1 (AMD).] 3.  Emergency period.  Any emergency rule shall be effective only for 90 days, or any lesser period of time specified in an enabling statute or in the emergency rule. After the expiration of the emergency period, such rule shall not thereafter be adopted except in the manner provided by section 8052.   [PL 1977, c. 551, §3 (NEW).] 4.  Fiscal impact; curtailment orders.  An emergency rule adopted in whole or in part to satisfy the requirements of a temporary curtailment order by the Governor under section 1668 must include a specification of the dollar amount of curtailed funds attributable to each change adopted in the rule.   [PL 2011, c. 244, §2 (NEW).] SECTION HISTORY PL 1977, c. 551, §3 (NEW). PL 1979, c. 425, §6 (AMD). PL 2007, c. 581, §4 (AMD). PL 2011, c. 244, §§1, 2 (AMD).
5 ME Rev Stat § 8056-A (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 2: RULEMAKING|5 §8056-A. Technical assistance; annual report

 §8056-A. Technical assistance; annual report 1.  Checklist.  The Secretary of State shall establish and implement a checklist that must be completed by agencies and attached to adopted rules filed with the Secretary of State after December 31, 1989. The checklist must include the timing of filing and notices as well as other procedural requirements of this subchapter.   [PL 1991, c. 554, §3 (AMD).] 2.  Technical assistance.  The Secretary of State shall develop uniform drafting instructions for use by all agencies that propose rules under this subchapter and shall compile those instructions in a drafting manual. In addition, the Secretary of State shall provide assistance to any agency regarding the form for drafting of rules and supporting materials and the other requirements of this subchapter.   [PL 1991, c. 554, §3 (AMD).] 3.  Report.  The Secretary of State shall report to the Governor and the joint standing committee of the Legislature having jurisdiction over state and local government prior to February 1st of each year with respect to rule-making activities for the prior year. The report must include statistical information on agency rule-making activities, agency experience with procedural requirements of this subchapter, an evaluation of the codification process, the impact of the electronic text file data base on state agencies and users of the rules and recommendations for improvements 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.   [PL 1991, c. 554, §3 (AMD).] SECTION HISTORY PL 1989, c. 574, §6 (NEW). PL 1991, c. 554, §3 (AMD).
5 ME Rev Stat § 8057 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 2: RULEMAKING|5 §8057. Compliance

 §8057. Compliance 1.  Rules; exception.  Rules adopted in a manner other than that prescribed by section 8052, subsections 1, 2, 3, 4, 5-A and 7 and by sections 8053 and 8054 are void and of no legal effect, except that insubstantial deviations from the requirements of section 8053 do not invalidate the rule subsequently adopted. Rules in effect prior to July 1, 1978 become void and of no legal effect on July 1, 1979, unless originally adopted after notice published in a newspaper of general circulation in some area of the State and opportunity for hearing or unless adopted in accordance with this subchapter.   [PL 2007, c. 181, §5 (AMD).] 2.  Rules not approved.  Rules not approved and filed in the manner prescribed by section 8056, subsection 1, paragraphs A and B, shall be void and of no legal effect. Rules in effect prior to July 1, 1978, become void and of no legal effect on December 31, 1979, unless filed with the Secretary of State in accordance with section 8056, subsection 1, paragraph B.   [PL 1979, c. 425, §10 (AMD).] 3.  Agency, responsibility.  The requirements of this subchapter do not relieve any agency of the responsibility of compliance with any statute requiring that its rules be filed with or approved by any designated person before they become effective.   [PL 1977, c. 551, §3 (NEW).] SECTION HISTORY PL 1977, c. 551, §3 (NEW). PL 1977, c. 694, §35 (AMD). PL 1979, c. 425, §10 (AMD). PL 1985, c. 680, §5 (AMD). PL 2007, c. 181, §5 (AMD).
5 ME Rev Stat § 8058 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 2: RULEMAKING|5 §8058. Judicial review of rules

 §8058. Judicial review of rules 1.  Judicial review.  Judicial review of an agency rule, or of an agency's refusal or failure to adopt a rule where the adoption of a rule is required by law, may be had by any person who is aggrieved in an action for declaratory judgment in the Superior Court conducted pursuant to Title 14, section 5951, et seq., which provisions shall apply to such actions wherever not inconsistent with this section. Insofar as the court finds that a rule exceeds the rule-making authority of the agency, or is void under section 8057, subsection 1 or 2, it shall declare the rule invalid. In reviewing any other procedural error alleged, the court may invalidate the rule only if it finds the error to be substantial and related to matters of such central relevance to the rule that there is a substantial likelihood that the rule would have been significantly changed if the error had not occurred. If the court finds that the rule is not procedurally invalid and not in excess of the agency's rule-making authority, its substantive review of that rule shall be to determine whether the rule is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law. The phrase "otherwise not in accordance with law" shall apply only to the review authorized in the preceding sentence and shall not be construed so as to limit or replace in any way section 8003. In the event that the court finds that an agency has failed to adopt a rule as required by law, the court may issue such orders as are necessary and appropriate to remedy such failure.   [PL 1985, c. 680, §6 (AMD).] 2.  Failure to seek judicial review.  The failure to seek judicial review of an agency rule in the manner provided by subsection 1 shall not preclude judicial review thereof in any civil or criminal proceeding.   [PL 1977, c. 551, §3 (NEW).] SECTION HISTORY PL 1977, c. 551, §3 (NEW). PL 1979, c. 669, §1 (AMD). PL 1985, c. 680, §6 (AMD).
5 ME Rev Stat § 8059 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 2: RULEMAKING|5 §8059. Inconsistent rules

 §8059. Inconsistent rules When 2 rules are inconsistent or in conflict with one another, so that compliance with both is impossible, then compliance with either rule shall be deemed to be compliance with the other.   [PL 1985, c. 680, §7 (RPR).]SECTION HISTORY PL 1979, c. 669, §2 (NEW). PL 1985, c. 680, §7 (RPR).
5 ME Rev Stat § 8060 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 2: RULEMAKING|5 §8060. Regulatory agenda

 §8060. Regulatory agenda Each agency with the authority to adopt rules shall issue to the appropriate joint standing committee or committees of the Legislature and to the Secretary of State an agency regulatory agenda as provided in this section.   [PL 1989, c. 547, §8 (NEW).]1.  Contents of agenda.  Each agency regulatory agenda to the maximum possible extent shall contain the following information:   A. A list of rules that the agency expects to propose prior to the next regulatory agenda due date and whether the agency anticipates engaging in any consensus-based rule development process;   [PL 1999, c. 307, §3 (AMD).]B. The statutory or other basis for adoption of the rule;   [PL 1989, c. 547, §8 (NEW).]C. The purpose of the rule;   [PL 1989, c. 547, §8 (NEW).]D. The contemplated schedule for adoption of the rule;   [PL 1989, c. 547, §8 (NEW).]E. An identification and listing of potentially benefited and regulated parties; and   [PL 1989, c. 547, §8 (NEW).]F. A list of all emergency rules adopted since the previous regulatory agenda due date.   [PL 1989, c. 547, §8 (NEW).][PL 1999, c. 307, §3 (AMD).] 2.  Due date.  A regulatory agenda must be issued between the beginning of a regular legislative session and 100 days after adjournment.   [PL 1993, c. 362, §7 (AMD).] 3.  Legislative copies.  The agency shall provide copies of the agency regulatory agenda to the Legislature as provided in section 8053-A.   [PL 1989, c. 547, §8 (NEW).] 4.  Availability.  An agency which issues an agency regulatory agenda shall provide copies to interested persons.   [PL 1989, c. 547, §8 (NEW).] 5.  Legislative review of agency regulatory agendas.  Each regulatory agenda shall be reviewed by the appropriate joint standing committee of the Legislature at a meeting called for the purpose. The committee may review more than one agenda at a meeting.   [PL 1989, c. 547, §8 (NEW).] 6.  Application.  Nothing in this section or section 8053-A may be construed to prohibit agencies from adopting emergency rules that have not been listed or included in the regulatory agenda pursuant to this section.   [PL 1991, c. 540, §1 (AMD).] 7.  Agenda listing required.  Notwithstanding any provision of law to the contrary, a rule may not be proposed pursuant to Title 38, chapter 16-D unless the chemicals affected by that proposed rule were specifically disclosed to the Legislature prior to the initiation of the rule-making process as part of a regulatory agenda, except that this subsection may not be construed to prohibit an agency from initiating appropriate rule-making proceedings in response to any person who petitions for adoption or modification of rules pursuant to section 8055.   [PL 2011, c. 319, §1 (NEW).] SECTION HISTORY PL 1989, c. 574, §8 (NEW). PL 1991, c. 540, §1 (AMD). PL 1993, c. 362, §7 (AMD). PL 1999, c. 307, §3 (AMD). PL 2011, c. 319, §1 (AMD).
5 ME Rev Stat § 8061 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 2: RULEMAKING|5 §8061. Style

 §8061. Style All rules and any other materials required by this subchapter to be provided to the public or to the Legislature shall, to the maximum extent feasible, use plain and clear English, which can readily be understood by the general public. The use of technical language shall be avoided to the greatest possible extent.   [PL 1989, c. 574, §8 (NEW).]SECTION HISTORY PL 1989, c. 574, §8 (NEW).
5 ME Rev Stat § 8062 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 2: RULEMAKING|5 §8062. Performance standards

 §8062. Performance standards When legislation authorizing any regulated activity requires that certain criteria be met in order that any license, permit, authorization or certification to undertake the regulated activity be granted and when an agency determines that performance standards will assist regulated parties in complying with the criteria, the standards shall be developed during the rule-making process and incorporated into adopted rules when performance standards are equally effective in meeting applicable statutory criteria.   [PL 1989, c. 574, §8 (NEW).]SECTION HISTORY PL 1989, c. 574, §8 (NEW).
5 ME Rev Stat § 8063 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 2: RULEMAKING|5 §8063. Fiscal impact

 §8063. Fiscal impact Every rule proposed by an agency must contain a fiscal impact note at the end of the rule. The note must be placed on the rule prior to any public hearing and, in the case of rules adopted without a hearing, prior to the sending of notice under section 8053. The fiscal impact note must describe the estimated cost to municipalities and counties for implementing 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.   [PL 1991, c. 233 (NEW).]This section does not apply to emergency rules.   [PL 1991, c. 233 (NEW).]SECTION HISTORY PL 1991, c. 233 (NEW).
5 ME Rev Stat § 8063-A (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 2: RULEMAKING|5 §8063-A. Analysis of benefits and costs

 §8063-A. Analysis of benefits and costs In addition to the economic impact statement required under section 8052, subsection 5-A and the fiscal impact note required under section 8063, an agency may, within existing budgeted resources and in instances in which the consideration of costs is permitted, conduct an analysis of the benefits and costs of a proposed rule to evaluate the effects of the rule on the distribution of benefits and costs for specific groups and on the overall economic welfare of the State.   [PL 2011, c. 304, Pt. B, §1 (NEW).]1.  Contents of a cost-benefit analysis.  To the extent permitted within existing resources, a cost-benefit analysis conducted under this section must include, at a minimum, the following information:   A. Specification of the baseline condition for the analysis, including all required parameters for the analysis, all assumptions made in specifying the baseline condition and specification of the analysis period;   [PL 2011, c. 304, Pt. B, §1 (NEW).]B. A description of the methods used to discount future benefits and costs, preferably based on the federal Office of Management and Budget's discount rate for federal projects;   [PL 2011, c. 304, Pt. B, §1 (NEW).]C. An analysis of changes in the level of economic activity in the State as measured by employment, income and outputs; and   [PL 2011, c. 304, Pt. B, §1 (NEW).]D. An estimate of the discounted benefits and costs of the proposed rule over the baseline condition, including benefits and costs to specific groups and changes in the economic welfare of the State as a whole over the baseline condition.   [PL 2011, c. 304, Pt. B, §1 (NEW).][PL 2011, c. 304, Pt. B, §1 (NEW).] Prior to conducting a cost-benefit analysis under this section, an agency shall determine that sufficient staff expertise and budgeted resources exist within the agency to complete the analysis. The agency shall include a cost-benefit analysis with a copy of a proposed rule when responding to a request for the proposed rule under section 8053, subsection 3-A. When the analysis is conducted on a provisionally adopted major substantive rule, the analysis must be included with the materials submitted to the Executive Director of the Legislative Council under section 8072, subsection 2. A cost-benefit analysis conducted under this section is not subject to judicial review under section 8058.   [PL 2011, c. 304, Pt. B, §1 (NEW).]SECTION HISTORY PL 2011, c. 304, Pt. B, §1 (NEW).
5 ME Rev Stat § 8063-B (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 2: RULEMAKING|5 §8063-B. Identification of primary source of information

 §8063-B. Identification of primary source of information For every rule proposed by an agency, except for emergency rules, the agency shall file with the Secretary of State citations for up to 3 primary sources of information relied upon by the agency in developing the proposed rule. The agency shall include that information with a copy of the proposed rule when responding to a request under section 8053, subsection 3-A. Professional judgment may be cited as one of those primary sources of information. Citations to primary sources of information are not subject to judicial review.   [PL 2011, c. 304, Pt. E, §2 (NEW).]SECTION HISTORY PL 2011, c. 304, Pt. E, §2 (NEW).
5 ME Rev Stat § 8064 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 2: RULEMAKING|5 §8064. Limitation

 §8064. Limitation Except for emergency rules as provided in section 8060, subsection 6, an agency may not adopt any rule unless the agency has complied with the provisions in sections 8053-A and 8060, which include legislative review of the rule. When an agency proposes a rule not in its current regulatory agenda, the agency must file an amendment to its agenda with the Legislature and Secretary of State under section 8053-A at the time of rule proposal.   [PL 1993, c. 362, §8 (AMD).]SECTION HISTORY PL 1991, c. 540, §2 (NEW). PL 1993, c. 362, §8 (AMD).
5 ME Rev Stat § 8071-A (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 2-A: RULEMAKING PROCEDURES GOVERNING RULES AUTHORIZED AND ADOPTED AFTER JANUARY 1, 1996|5 §8071-A. Definitions

 §8071-A. Definitions As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2011, c. 244, §3 (NEW).]1.  Legislative review session.  "Legislative review session" means the regular session of the Legislature convening after the beginning of the legislative rule acceptance period.   [PL 2011, c. 244, §3 (NEW).] 2.  Legislative rule acceptance period.  "Legislative rule acceptance period" means the period beginning on the July 1st preceding the convening of a regular session of the Legislature and ending at 5:00 p.m. on the 2nd Friday in January after the convening of that regular session of the Legislature.   [PL 2011, c. 244, §3 (NEW).] SECTION HISTORY PL 2011, c. 244, §3 (NEW).
5 ME Rev Stat § 8073 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 18: ADMINISTRATIVE PROCEDURES|Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT|Subchapter 2-A: RULEMAKING PROCEDURES GOVERNING RULES AUTHORIZED AND ADOPTED AFTER JANUARY 1, 1996|5 §8073. Emergency major substantive rules

 §8073. Emergency major substantive rules Major substantive rules are subject to the emergency rule-making procedures required under subchapter II, except that a major substantive rule adopted on an emergency basis after the deadline for submission to the Legislature for review under section 8072 may be effective for up to 12 months or until the Legislature has completed review as provided in that section. After the expiration of the emergency period, an emergency rule may not be adopted except in the manner provided by section 8072.   [PL 1995, c. 463, §2 (NEW).]SECTION HISTORY PL 1995, c. 463, §2 (NEW).