reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT › Subchapter 4: ADJUDICATORY PROCEEDINGS › 5 §9063. Bias of presiding officer or agency member

§9063. Bias of presiding officer or agency member
1.  Hearings; impartial.
Hearings shall be conducted in an impartial manner. Upon the filing in good faith by a party of a timely charge of bias or of personal or financial interest, direct or indirect, of a presiding officer or agency member in the proceeding requesting that that person disqualify himself, that person shall determine the matter as a part of the record.
[PL 1977, c. 551, §3 (NEW).]
2.  Counsel.
Notwithstanding section 9055, the person involved may consult with private counsel concerning the charge.
[PL 1977, c. 551, §3 (NEW).]
SECTION HISTORY
PL 1977, c. 551, §3 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT › Subchapter 4: ADJUDICATORY PROCEEDINGS › 5 §9064. Enforcement

§9064. Enforcement
The agency shall be entitled to enforce its order in the courts by way of injunction or other appropriate legal remedy.   [PL 1977, c. 551, §3 (NEW).]
SECTION HISTORY
PL 1977, c. 551, §3 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT › Subchapter 5: LICENSING › 5 §10001. Adjudicatory proceedings

§10001. Adjudicatory proceedings
When licensing is required as a matter of constitutional right or by statute to be preceded by notice and opportunity for hearing, the provisions of subchapter IV concerning adjudicatory proceedings shall apply.   [PL 1977, c. 551, §3 (NEW).]
SECTION HISTORY
PL 1977, c. 551, §3 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT › Subchapter 5: LICENSING › 5 §10002. Expiration

§10002. Expiration
Except as otherwise provided in this subchapter, when a licensee has made timely and sufficient application for renewal of a license, the existing license shall not expire until the application has been finally determined by the agency.   [PL 1977, c. 551, §3 (NEW).]
SECTION HISTORY
PL 1977, c. 551, §3 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT › Subchapter 5: LICENSING › 5 §10003. Right to Hearing

§10003. Right to Hearing
1.  Opportunity for hearing.
Subject to the provisions of section 10004, an agency may not amend or modify any license unless it has afforded the licensee an opportunity for hearing in conformity with subchapter IV, nor may it refuse to renew any license unless it has afforded the licensee either an opportunity for an agency hearing in conformity with subchapter IV or an opportunity for a hearing in the District Court. In any such proceeding determined by the agency to involve a substantial public interest, an opportunity for public comment and participation must also be given by public notice in conformity with subchapter IV.
[PL 1999, c. 547, Pt. B, §17 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]
2.  Proceeding.
In any proceeding involving a proposed modification or amendment of a license which was the subject of an earlier hearing, the agency shall give notice thereof to all parties to the earlier proceeding and in any other manner required by section 9052, and may reopen the earlier proceeding for consideration of the proposed amendment or modification.
[PL 1977, c. 551, §3 (NEW).]
SECTION HISTORY
PL 1977, c. 551, §3 (NEW). PL 1977, c. 694, §37 (AMD). PL 1999, c. 547, §B17 (AMD). PL 1999, c. 547, §B80 (AFF).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT › Subchapter 5: LICENSING › 5 §10005. Decision and record

§10005. Decision and record
Any licensing decision not involving an adjudicatory proceeding, as defined in section 8002, subsection 1, shall be made in writing and shall be made only on the basis of evidence relevant to the case. When the requested license is denied, or only conditionally approved, the decision shall contain or reflect the agency's reasoning, in a manner sufficient to inform the applicant and the public of the basis for the agency's action.   [PL 1985, c. 680, §8 (NEW).]
SECTION HISTORY
PL 1985, c. 680, §8 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT › Subchapter 6: ADMINISTRATIVE COURT › 5 §10051. Jurisdiction of District Court; retained powers of agency

§10051. Jurisdiction of District Court; retained powers of agency
1.  Jurisdiction.
Except as provided in section 10004; Title 8, section 279‑B; Title 10, section 8003; Title 20‑A, sections 10712 and 10713; Title 29‑A; Title 32, chapters 2‑B, 62, 114 and 135; and Title 38, section 342, the District Court has exclusive jurisdiction upon complaint of any agency or, if the licensing agency fails or refuses to act within a reasonable time, upon complaint of the Attorney General to revoke or suspend licenses issued by the agency and has original jurisdiction upon complaint of an agency to determine whether renewal or reissuance of a license of that agency may be refused.
[PL 2021, c. 173, §1 (AMD).]
2.  Complaining agency.
The complaining agency retains every other power granted to it by statute or necessarily implied therein, except the power of revoking or suspending licenses issued by it. Such retained powers include, but are not limited to, the granting or renewing of licenses, the investigating and determining of grounds for the filing of a complaint under this section and the prosecution of such complaints.
[PL 1999, c. 547, Pt. B, §19 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]
3.  Appellate jurisdiction.
The District Court has exclusive jurisdiction to review licensing decisions of the Department of Administrative and Financial Services taken pursuant to Title 28‑A, sections 453‑A, 458 and 653. Chapter 375, subchapter 7 governs these proceedings as far as applicable, substituting "District Court" for "Superior Court."
[PL 2013, c. 368, Pt. V, §3 (AMD).]
4.  Violations.
[PL 2003, c. 505, §2 (RP).]
SECTION HISTORY
PL 1977, c. 551, §3 (NEW). PL 1977, c. 694, §39 (AMD). PL 1979, c. 265, §2 (AMD). PL 1981, c. 698, §13 (AMD). PL 1983, c. 171, §§3,4 (AMD). PL 1983, c. 683, §1 (AMD). PL 1983, c. 818, §1 (AMD). PL 1985, c. 748, §§3,4 (AMD). PL 1987, c. 141, §§B3,B4 (AMD). PL 1989, c. 203, §1 (AMD). PL 1991, c. 377, §4 (AMD). PL 1991, c. 563, §2 (AMD). PL 1991, c. 824, §A5 (AMD). PL 1995, c. 65, §A9 (AMD). PL 1995, c. 65, §§A153,C15 (AFF). PL 1995, c. 140, §1 (AMD). PL 1999, c. 547, §B19 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2001, c. 229, §2 (AMD). PL 2003, c. 451, §T3 (AMD). PL 2003, c. 505, §§1,2 (AMD). PL 2005, c. 65, §C3 (AMD). PL 2009, c. 112, Pt. B, §3 (AMD). PL 2013, c. 368, Pt. V, §3 (AMD). PL 2021, c. 173, §1 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT › Subchapter 7: JUDICIAL REVIEW - FINAL AGENCY ACTION › 5 §11001. Right to review

§11001. Right to review
1.  Agency action.
Except where a statute provides for direct review or review of a pro forma judicial decree by the Supreme Judicial Court or where judicial review is specifically precluded or the issues therein limited by statute, any person who is aggrieved by final agency action shall be entitled to judicial review thereof in the Superior Court in the manner provided by this subchapter. Preliminary, procedural, intermediate or other nonfinal agency action shall be independently reviewable only if review of the final agency action would not provide an adequate remedy.
[PL 1979, c. 127, §40 (AMD).]
2.  Failure or refusal of agency to act.
Any person aggrieved by the failure or refusal of an agency to act shall be entitled to judicial review thereof in the Superior Court. The relief available in the Superior Court shall include an order requiring the agency to make a decision within a time certain.
[PL 1977, c. 551, §3 (NEW).]
SECTION HISTORY
PL 1977, c. 551, §3 (NEW). PL 1977, c. 616, §2 (AMD). PL 1977, c. 694, §40 (AMD). PL 1979, c. 127, §40 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT › Subchapter 7: JUDICIAL REVIEW - FINAL AGENCY ACTION › 5 §11002. Commencement of action

§11002. Commencement of action
1.  Proceedings instituted.
Proceedings for judicial review of final agency action or the failure or refusal of an agency to act shall be instituted by filing a petition for review in the Superior Court for the county where:
A. One or more of the petitioners reside or have their principal place of business;   [PL 1977, c. 551, §3 (NEW).]
B. The agency has its principal office; or   [PL 1977, c. 551, §3 (NEW).]
C. The activity or property which is the subject of the proceeding is located.   [PL 1977, c. 551, §3 (NEW).]
The court may grant a change of venue for good cause shown.
[PL 1977, c. 551, §3 (NEW).]
2.  Petition; contents.
The petition for review shall specify the persons seeking review, the manner in which they are aggrieved and the final agency action or agency inaction which they wish reviewed. It shall also contain a concise statement as to the nature of the action or inaction to be reviewed, the grounds upon which relief is sought and a demand for relief, which may be in the alternative.
[PL 1977, c. 551, §3 (NEW).]
3.  Petition filed.
The petition for review shall be filed within 30 days after receipt of notice if taken by a party to the proceeding of which review is sought. Any other person aggrieved shall have 40 days from the date the decision was rendered to petition for review. If the review sought is from an agency's failure or refusal to act, the petition for review shall be filed within 6 months of the expiration of the time within which the action should reasonably have occurred.
[PL 1977, c. 551, §3 (NEW).]
SECTION HISTORY
PL 1977, c. 551, §3 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT › Subchapter 7: JUDICIAL REVIEW - FINAL AGENCY ACTION › 5 §11003. Service

§11003. Service
1.  Petition served.
The petition for review shall be served by certified mail, return receipt requested, upon:
A. The agency;   [PL 1977, c. 551, §3 (NEW).]
B. All parties to the agency proceeding; and   [PL 1977, c. 551, §3 (NEW).]
C. The Attorney General.   [PL 1977, c. 551, §3 (NEW).]
[PL 1977, c. 551, §3 (NEW).]
2.  Certification.
Upon request, the agency shall certify to the petitioner the names and addresses, as disclosed by its records, of all parties to the proceeding in which the decision sought to be reviewed was made, and service upon parties so certified shall be sufficient.
[PL 1977, c. 551, §3 (NEW).]
SECTION HISTORY
PL 1977, c. 551, §3 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT › Subchapter 7: JUDICIAL REVIEW - FINAL AGENCY ACTION › 5 §11004. Stay

§11004. Stay
The filing of a petition for review shall not operate as a stay of the final agency action pending judicial review. Application for a stay of an agency decision shall ordinarily be made first to the agency, which may issue a stay upon a showing of irreparable injury to the petitioner, a strong likelihood of success on the merits, and no substantial harm to adverse parties or the general public. A motion for such relief may be made to the Superior Court, but the motion shall show that application to the agency for the relief sought is not practicable, or that application has been made to the agency and denied, with the reasons given by it for denial, or that the action of the agency did not afford the relief which the petitioner had requested. In addition, the motion shall show the reasons for the relief requested and the facts relied upon, which facts, if subject to dispute, shall be supported by affidavits. Reasonable notice of the motion shall be given to all parties to the agency proceeding. The court may condition relief under this rule upon the posting of a bond or other appropriate security, except that no bond or security shall be required of the State or any state agency or any official thereof.   [PL 1977, c. 551, §3 (NEW).]
SECTION HISTORY
PL 1977, c. 551, §3 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT › Subchapter 7: JUDICIAL REVIEW - FINAL AGENCY ACTION › 5 §11005. Responsive pleading; filing of the record

§11005. Responsive pleading; filing of the record
No responsive pleading need be filed unless required by order of the reviewing court. The agency shall file in the reviewing court within 30 days after the petition for review is filed, or within such shorter or longer time as the court may allow on motion, the original or a certified copy of the complete record of the proceedings under review. In the case of the alleged failure or refusal of an agency to act, the record must include written, electronic or otherwise memorialized communications, directives, orders and other documentation of all decisions by the agency to act, to refuse to act or to delay action. Within 20 days after the petition for review is filed, all parties to the agency proceeding who wish to participate in the review shall file a written appearance that states a position with respect to affirmance, vacation, reversal or modification of the decision under review.   [PL 2019, c. 111, §1 (AMD).]
SECTION HISTORY
PL 1977, c. 551, §3 (NEW). PL 2019, c. 111, §1 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT › Subchapter 7: JUDICIAL REVIEW - FINAL AGENCY ACTION › 5 §11006. Power of court to correct or modify record

§11006. Power of court to correct or modify record
1.  Review.
Judicial review shall be confined to the record upon which the agency decision was based, except as otherwise provided by this section.
A. In the case of the failure or refusal of an agency to act or of alleged irregularities in procedure before the agency which are not adequately revealed in the record, evidence thereon may be taken and determination made by the reviewing court.   [PL 1977, c. 551, §3 (NEW).]
B. The reviewing court may order the taking of additional evidence before the agency if it finds that additional evidence, including evidence concerning alleged unconstitutional takings of property, is necessary to deciding the petition for review; or if application is made to the reviewing court for leave to present additional evidence, and it is shown that the additional evidence is material to the issues presented in the review, and could not have been presented or was erroneously disallowed in proceedings before the agency. After taking the additional evidence, the agency may modify its findings and decisions, and shall file with the court, to become part of the record for review, the additional evidence and any new findings or decision.   [PL 1977, c. 551, §3 (NEW).]
C. If a required hearing was not held before the review proceedings were initiated, the reviewing court shall remand to the agency for a hearing in accordance with subchapter IV.   [PL 1977, c. 551, §3 (NEW).]
D. In cases where an adjudicatory proceeding prior to final agency action was not required, and where effective judicial review is precluded by the absence of a reviewable administrative record, the court may either remand for such proceedings as are needed to prepare such a record or conduct a hearing de novo.   [PL 1985, c. 680, §9 (RPR).]
[PL 1985, c. 680, §9 (AMD).]
2.  Corrections to record.
The reviewing court may require or permit subsequent corrections to the record.
[PL 1977, c. 551, §3 (NEW).]
SECTION HISTORY
PL 1977, c. 551, §3 (NEW). PL 1985, c. 680, §9 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT › Subchapter 7: JUDICIAL REVIEW - FINAL AGENCY ACTION › 5 §11007. Manner and scope of review

§11007. Manner and scope of review
1.  Schedule.
The court, upon request or its own motion, shall set a schedule for the filing of briefs by the parties and for oral argument.
[PL 1977, c. 551, §3 (NEW).]
2.  Review by court.
Except where otherwise provided by statute or constitutional right, review shall be conducted by the court without a jury.
[PL 1977, c. 551, §3 (NEW).]
3.  Judgment.
The court may not substitute its judgment for that of the agency on questions of fact, except that, with respect to a timely appeal by an individual of a denial of a disability determination by a hearing officer pursuant to sections 17106‑A and 17106‑B, the court shall review the matter de novo.
[PL 2021, c. 277, §10 (AMD).]
4.  Decision.
The court may:
A. Affirm the decision of the agency;   [PL 1977, c. 551, §3 (NEW).]
B. Remand the case for further proceedings, findings of fact or conclusions of law or direct the agency to hold such proceedings or take such action as the court deems necessary; or   [PL 1977, c. 551, §3 (NEW).]
C. Reverse or modify the decision if the administrative findings, inferences, conclusions or decisions are:
(1) In violation of constitutional or statutory provisions;
(2) In excess of the statutory authority of the agency;
(3) Made upon unlawful procedure;
(4) Affected by bias or error of law;
(5) Unsupported by substantial evidence on the whole record; or
(6) Arbitrary or capricious or characterized by abuse of discretion.   [PL 1977, c. 551, §3 (NEW).]
[PL 1977, c. 551, §3 (NEW).]
SECTION HISTORY
PL 1977, c. 551, §3 (NEW). PL 2021, c. 277, §10 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT › Subchapter 7: JUDICIAL REVIEW - FINAL AGENCY ACTION › 5 §11008. Appeal to law court

§11008. Appeal to law court
1.  Appeal.
Any party to the review proceeding in the Superior Court under this subchapter may obtain review by appeal to the Supreme Judicial Court sitting as the law court. The appeal shall be taken as in other civil cases.
[PL 1977, c. 551, §3 (NEW).]
2.  Supreme Judicial Court.
The Supreme Judicial Court shall have the power to make and amend rules of pleading, practice and procedure, for the purposes of securing a simple, speedy and effective judicial review under this subchapter.
[PL 1977, c. 551, §3 (NEW).]
SECTION HISTORY
PL 1977, c. 551, §3 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 376: TRIBAL-STATE COLLABORATION › 5 §11051. Short title

§11051. Short title
This chapter may be known and cited as "the Tribal-State Collaboration Act."   [PL 2021, c. 681, Pt. A, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 681, Pt. A, §1 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 376: TRIBAL-STATE COLLABORATION › 5 §11052. Definitions

§11052. Definitions
As used in this Act, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2021, c. 681, Pt. A, §1 (NEW).]
1.  Agency.
"Agency" means the following:
A. The Department of Agriculture, Conservation and Forestry;   [PL 2021, c. 681, Pt. A, §1 (NEW).]
B. The Department of Corrections;   [PL 2021, c. 681, Pt. A, §1 (NEW).]
C. The Department of Economic and Community Development;   [PL 2021, c. 681, Pt. A, §1 (NEW).]
D. The Department of Education;   [PL 2021, c. 681, Pt. A, §1 (NEW).]
E. The Department of Environmental Protection;   [PL 2021, c. 681, Pt. A, §1 (NEW).]
F. The Department of Health and Human Services;   [PL 2021, c. 681, Pt. A, §1 (NEW).]
G. The Department of Inland Fisheries and Wildlife;   [PL 2021, c. 681, Pt. A, §1 (NEW).]
H. The Department of Labor;   [PL 2021, c. 681, Pt. A, §1 (NEW).]
I. The Department of Public Safety;   [PL 2021, c. 681, Pt. A, §1 (NEW).]
J. The Department of Administrative and Financial Services;   [PL 2021, c. 681, Pt. A, §1 (NEW).]
K. The Department of Professional and Financial Regulation;   [PL 2021, c. 681, Pt. A, §1 (NEW).]
L. The Department of Defense, Veterans and Emergency Management;   [PL 2021, c. 681, Pt. A, §1 (NEW).]
M. The Department of Marine Resources;   [PL 2021, c. 681, Pt. A, §1 (NEW).]
N. The Department of Transportation;   [PL 2021, c. 681, Pt. A, §1 (NEW).]
O. The Office of the Public Advocate; and   [PL 2021, c. 681, Pt. A, §1 (NEW).]
P. The Public Utilities Commission.   [PL 2021, c. 681, Pt. A, §1 (NEW).]
[PL 2021, c. 681, Pt. A, §1 (NEW).]
2.  Indian tribe.
"Indian tribe" means a federally recognized Indian tribe within the State of Maine.
[PL 2021, c. 681, Pt. A, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 681, Pt. A, §1 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 376: TRIBAL-STATE COLLABORATION › 5 §11053. Collaboration between agencies and Indian tribes

§11053. Collaboration between agencies and Indian tribes
1.  Required policies.
An agency shall develop and implement a policy that:
A. Promotes effective communication and collaboration between the agency and the Indian tribes;   [PL 2021, c. 681, Pt. A, §1 (NEW).]
B. Promotes positive government-to-government relations between the State and the Indian tribes;   [PL 2021, c. 681, Pt. A, §1 (NEW).]
C. Promotes cultural competency in the agency's interactions with the Indian tribes and tribal members;   [PL 2021, c. 681, Pt. A, §1 (NEW).]
D. Establishes a process for collaboration between the agency and the Indian tribes regarding the agency's programs, rules and services that substantially and uniquely affect the Indian tribes or tribal members. In the context of emergency rulemaking pursuant to section 8054, the policy must require notice and collaboration to the extent practicable. Collaboration under this paragraph must be in addition to any process available to members of the general public and must include:
(1) Providing the Indian tribes reasonable written notice of the contemplated program, rule or service;
(2) Allowing the Indian tribes a reasonable opportunity to provide information, advice and opinions on the contemplated program, rule or service;
(3) Requiring the agency to consider the information, advice and opinions it receives from the Indian tribes under subparagraph (2); and
(4) Requiring the agency to make reasonable efforts to complete the collaboration process before taking final action on the contemplated program or service or, in the case of a rule, before publication of the proposed rule pursuant to section 8053, subsection 5; and   [PL 2021, c. 681, Pt. A, §1 (NEW).]
E. Establishes a method for informing employees of the agency of the provisions of this Act and the policy that the agency adopts pursuant to this section.   [PL 2021, c. 681, Pt. A, §1 (NEW).]
[PL 2021, c. 681, Pt. A, §1 (NEW).]
2.  Consultation in policy development.
An agency shall request comments from each Indian tribe and the Maine Indian Tribal-State Commission, and consider each comment received, before adopting a policy under subsection 1.
[PL 2021, c. 681, Pt. A, §1 (NEW).]
3.  Tribal liaison.
An agency shall designate an individual who reports directly to the head of the agency to serve as the agency's tribal liaison. The tribal liaison shall:
A. Assist with developing and ensuring the implementation of the policy required by subsection 1;   [PL 2021, c. 681, Pt. A, §1 (NEW).]
B. Serve as a contact person responsible for facilitating effective communication between the agency and the Indian tribes; and   [PL 2021, c. 681, Pt. A, §1 (NEW).]
C. Coordinate the training of agency employees as provided in section 11054.   [PL 2021, c. 681, Pt. A, §1 (NEW).]
[PL 2021, c. 681, Pt. A, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 681, Pt. A, §1 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 376: TRIBAL-STATE COLLABORATION › 5 §11054. Mandatory training

§11054. Mandatory training
An agency shall ensure that the tribal liaison designated pursuant to section 11053, subsection 3, other employees responsible for tribal collaboration under this Act and other employees whose work substantially and uniquely affects Indian tribes or tribal members receive training designed to promote:   [PL 2021, c. 681, Pt. A, §1 (NEW).]
1.  Communication and collaboration.
Effective communication and collaboration between the agency and the Indian tribes;
[PL 2021, c. 681, Pt. A, §1 (NEW).]
2.  Government-to-government relations.
Positive government-to-government relations between the State and Indian tribes; and
[PL 2021, c. 681, Pt. A, §1 (NEW).]
3.  Cultural competency.
Cultural competency in tribal issues.
[PL 2021, c. 681, Pt. A, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 681, Pt. A, §1 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 376: TRIBAL-STATE COLLABORATION › 5 §11056. Cause of action and right of review not conferred; savings clause

§11056. Cause of action and right of review not conferred; savings clause
1.  Cause of action and right of review not conferred.
An agency's failure to comply with the requirements of this Act does not:
A. Create a cause of action or a right of judicial review of any action by an agency;   [PL 2021, c. 681, Pt. A, §1 (NEW).]
B. Constitute grounds for a court to invalidate an agency rule under section 8058; or   [PL 2021, c. 681, Pt. A, §1 (NEW).]
C. Constitute grounds for a court to reverse or modify an agency action under section 11007, subsection 4, paragraph C or to direct an agency to engage in any further action under section 11007, subsection 4, paragraph B.   [PL 2021, c. 681, Pt. A, §1 (NEW).]
[PL 2021, c. 681, Pt. A, §1 (NEW).]
2.  Federal funding requirements.
Nothing in this Act affects, modifies or replaces any tribal collaboration or consultation requirement imposed on or assumed by an agency as a condition of the acceptance of federal funding.
[PL 2021, c. 681, Pt. A, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 681, Pt. A, §1 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 377: STATE AGENCY RULES (REPEALED) › 5 §11101. Statement of intent (REPEALED)

§11101. Statement of intent
(REPEALED)
SECTION HISTORY
PL 1977, c. 683, §4 (NEW). PL 1981, c. 524, §14 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 377: STATE AGENCY RULES (REPEALED) › 5 §11102. Definitions (REPEALED)

§11102. Definitions
(REPEALED)
SECTION HISTORY
PL 1977, c. 683, §4 (NEW). PL 1981, c. 524, §14 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 377: STATE AGENCY RULES (REPEALED) › 5 §11103. Assignment of rules to standing committees (REPEALED)

§11103. Assignment of rules to standing committees
(REPEALED)
SECTION HISTORY
PL 1977, c. 683, §4 (NEW). PL 1981, c. 524, §14 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 377: STATE AGENCY RULES (REPEALED) › 5 §11104. Automatic expiration of rules (REPEALED)

§11104. Automatic expiration of rules
(REPEALED)
SECTION HISTORY
PL 1977, c. 683, §4 (NEW). PL 1981, c. 524, §14 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 377: STATE AGENCY RULES (REPEALED) › 5 §11105. Joint legislative committee review of rules (REPEALED)

§11105. Joint legislative committee review of rules
(REPEALED)
SECTION HISTORY
PL 1977, c. 683, §4 (NEW). PL 1981, c. 524, §14 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 377: STATE AGENCY RULES (REPEALED) › 5 §11106. Administering and other agencies to cooperate (REPEALED)

§11106. Administering and other agencies to cooperate
(REPEALED)
SECTION HISTORY
PL 1977, c. 683, §4 (NEW). PL 1981, c. 524, §14 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 377: STATE AGENCY RULES (REPEALED) › 5 §11107. Legislative Administrative Director to cooperate (REPEALED)

§11107. Legislative Administrative Director to cooperate
(REPEALED)
SECTION HISTORY
PL 1977, c. 683, §4 (NEW). PL 1981, c. 524, §14 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 377: STATE AGENCY RULES (REPEALED) › 5 §11108. Savings clause (REPEALED)

§11108. Savings clause
(REPEALED)
SECTION HISTORY
PL 1977, c. 683, §4 (NEW). PL 1981, c. 524, §14 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 377-A: LEGISLATIVE REVIEW OF AGENCY RULES › 5 §11111. Definitions

§11111. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1981, c. 524, §15 (NEW).]
1.  Agency, person and rule.
"Agency," "person" and "rule" are defined in section 8002, except that "rule" also means a proposed rule.
[PL 1981, c. 524, §15 (NEW).]
2.  Committee.
"Committee" means a joint standing committee of the Legislature.
[PL 1981, c. 524, §15 (NEW).]
3.  Director.
"Director" means the Executive Director of the Legislative Council.
[PL 1985, c. 737, Pt. B, §14 (AMD).]
SECTION HISTORY
PL 1981, c. 524, §15 (NEW). PL 1985, c. 737, §B14 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 377-A: LEGISLATIVE REVIEW OF AGENCY RULES › 5 §11112. Application for review

§11112. Application for review
Any group of 100 or more registered voters, who have a substantial interest in a rule, or any person who may be directly, substantially and adversely affected by the application of a rule, may file an application for review with the executive director. With respect to any application or petition for review pursuant to this section, the petition or application shall be verified and certified in the same manner provided in Title 21‑A, section 354, subsection 7, paragraphs A and C. The applicant shall state with specificity on a form prepared by the director, the following:   [PL 1989, c. 574, §9 (AMD).]
1.  Name of agency; citation of rule.
The name of the agency and the citation of the rule, including section and paragraph if applicable;
[PL 1981, c. 524, §15 (NEW).]
2.  Affect on applicant.
A statement of how the rule may directly, substantially and adversely affect the operations or interests of the applicant, or the nature and extent of the applicant's interest in the rule;
[PL 1981, c. 524, §15 (NEW).]
3.  Statement.
A statement of why the rule, in the opinion of the applicant, is inappropriate or unnecessary; and
[PL 1981, c. 524, §15 (NEW).]
4.  Recommendation.
A recommendation proposing changes in the rule or the statute which the rule implements.
[PL 1981, c. 524, §15 (NEW).]
SECTION HISTORY
PL 1981, c. 524, §15 (NEW). PL 1985, c. 737, §B15 (AMD). PL 1989, c. 574, §9 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 377-A: LEGISLATIVE REVIEW OF AGENCY RULES › 5 §11113. Committee review

§11113. Committee review
The executive director shall, upon receipt of an application for review, determine the appropriate joint standing committee of the Legislature responsible for review of the rule in question and send the application and a copy of the rule in question to each member of the committee. Each member of the committee shall individually review the application to determine whether the applicant is qualified and whether the public interest would be served by a review of the rule in question by the full committee. If a committee member decides that the review should be made, he shall notify the director within 15 days after notice was sent. If 1/3 or more of the full committee notify the director that a review of the rule should be made, the director shall advise the chairman of the committee, who shall schedule a meeting of the committee to review the rule. If the committee votes not to review the rule, a report to that effect shall be prepared by the director and sent to the applicant and the Legislative Council.   [PL 1985, c. 737, Pt. B, §16 (AMD).]
The applicant and the affected agency shall be notified of a decision to review the rule and shall be permitted to make expanded statements of their position to the full committee. The committee, in the course of its review, may hold a public hearing, request and obtain opinions of the Attorney General, obtain information from the agency and conduct further investigation approved by the Legislative Council. The committee shall make its determination and report within 90 days of the first notification to the committee chairmen that a review shall be made.   [PL 1981, c. 524, §15 (NEW).]
SECTION HISTORY
PL 1981, c. 524, §15 (NEW). PL 1985, c. 737, §B16 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 377-A: LEGISLATIVE REVIEW OF AGENCY RULES › 5 §11114. Criteria for review

§11114. Criteria for review
When reviewing a rule under this chapter, the committee shall consider, in addition to any matters proposed by the applicant, the following:   [PL 1981, c. 524, §15 (NEW).]
1.  Consistency with legislation.
Whether the rule is consistent with and necessary to the intent of the statute which the rule implements;
[PL 1981, c. 524, §15 (NEW).]
2.  Reasonableness of effects.
Whether the effects of the rule are reasonable, including its benefits and costs, and including costs of compliance and administration;
[PL 1981, c. 524, §15 (NEW).]
3.  Circumstances.
Whether circumstances have changed since the passage of the statute which the rule implements;
[PL 1981, c. 524, §15 (NEW).]
4.  Abuse of discretionary powers.
Whether the rule may tend to promote abuse of discretionary powers of the agency; and
[PL 1981, c. 524, §15 (NEW).]
5.  Fee.
Whether any fee established by rule is reasonable and whether the sums collected relate to the costs of administration.
[PL 1981, c. 524, §15 (NEW).]
SECTION HISTORY
PL 1981, c. 524, §15 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 377-A: LEGISLATIVE REVIEW OF AGENCY RULES › 5 §11115. Committee recommendation

§11115. Committee recommendation
If the committee determines that any of the criteria for review have not been met, it may discuss their findings with the agency. No agency may, on the basis of these discussions or any subsequent report of the committee, terminate a rule that is required by law. If the committee determines that the rule in question is inappropriate or unnecessary, it shall notify the applicant of its decision and may direct the Office of Policy and Legal Analysis to draft legislation to amend the law to provide that the authority of the agency to adopt the rule is clarified, modified or limited. Only by a majority vote of the committee shall legislation be introduced to amend or enact legislation pursuant to this section. No legislation may be introduced to implement a decision of a minority of the committee.   [PL 1985, c. 737, Pt. B, §17 (AMD).]
After approval of the draft legislation, it shall be submitted according to the legislative rules for final preparation and introduction to the Legislature, if the Legislature is in session, or if not, to the next regular session of the Legislature.   [PL 1981, c. 524, §15 (NEW).]
If the committee determines that no legislative action is required it shall prepare a brief report of its findings and transmit it to the applicant, agency and Legislative Council.   [PL 1981, c. 524, §15 (NEW).]
SECTION HISTORY
PL 1981, c. 524, §15 (NEW). PL 1985, c. 737, §B17 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 377-A: LEGISLATIVE REVIEW OF AGENCY RULES › 5 §11116. Limitation

§11116. Limitation
1.  Debt obligations.
A joint standing committee may not review an agency rule which is part of official action towards issuance or securing repayment of bonds, notes or other debt obligations of the State, its instrumentalities or political subdivisions.
[PL 1981, c. 524, §15 (NEW).]
2.  Review on committee's own motion.
This chapter shall not limit a committee from reviewing a rule on its own motion.
[PL 1981, c. 524, §15 (NEW).]
3.  Failure to review.
The failure of a committee to review a rule or to recommend modification or termination is not an implied legislative authorization of its substantive or procedural lawfulness and shall not be considered for any purpose in a judicial proceeding. No legislative review of a rule may supersede the judicial review granted in section 8058 or 11001.
[PL 1981, c. 524, §15 (NEW).]
SECTION HISTORY
PL 1981, c. 524, §15 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 379: BOARDS, COMMISSIONS, COMMITTEES AND SIMILAR ORGANIZATIONS › Subchapter 1: COMPENSATION › 5 §12001. Purpose

§12001. Purpose
It is the purpose of this chapter to provide the State with a complete inventory and central listing of all boards, commissions, committees, councils, authorities and other similar organizations established by the Legislature as a means of controlling the proliferation of these organizations and as a means of reducing duplication and making the most efficient use of these organizations. It is also the purpose of this chapter to classify these organizations according to similarity of powers, duties and responsibilities in order to provide standards for the compensation and operation of these organizations.   [PL 1983, c. 812, §39 (NEW).]
SECTION HISTORY
PL 1983, c. 812, §39 (NEW). PL 1989, c. 6 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 379: BOARDS, COMMISSIONS, COMMITTEES AND SIMILAR ORGANIZATIONS › Subchapter 1: COMPENSATION › 5 §12002-A. Payment of expenses

§12002-A. Payment of expenses
1.  Activities subject to reimbursement.
Members of boards may be paid for expenses at a rate not to exceed the rate normally paid to state employees for the following:
A. Actual attendance at meetings called by the chairman of the board or a majority of members of the board;   [PL 1985, c. 295, §6 (RPR).]
B. Actual attendance at public hearings held by the board necessary to fulfill the duties and responsibilities of the board;   [PL 1985, c. 295, §6 (RPR).]
C. Actual attendance at meetings of groups advisory to the board;   [PL 1985, c. 295, §6 (RPR).]
D. Actual attendance at a meeting held out-of-state which is necessary to the purpose of the board; or   [PL 1985, c. 295, §6 (RPR).]
E. Participation in official business of the board required by law or by rule of the board or a procedure which is necessary to fulfill the statutory responsibilities of the board, but shall not include any of the prohibited activities as defined in section 12002‑B, subsection 2. Members of occupational and professional licensing boards, as defined in section 12004‑A, may receive expenses for meetings relating to the occupations and professions regulated by each board and which meetings are held out of state.   [PL 1989, c. 503, Pt. B, §25 (AMD).]
[PL 1989, c. 503, Pt. B, §25 (AMD).]
2.  Child care and personal care expenses.
Child care expenses and personal care expenses may be reimbursed only as provided in this subsection.
A. For those board members who hold their positions because state statute, federal statute or federal regulation requires membership of low income people, those members may be reimbursed for reasonable child care expenses incurred while engaged in the official business of the board.   [PL 1985, c. 295, §6 (NEW).]
B. For those board members who are selected because they are persons who are developmentally or otherwise disabled or who are the parents or guardians of persons who are disabled, those members may be reimbursed for reasonable child care expenses and personal care expenses incurred while engaged in the official business of the board.   [PL 2021, c. 348, §13 (AMD).]
[PL 2021, c. 348, §13 (AMD).]
SECTION HISTORY
PL 1983, c. 812, §39 (NEW). PL 1985, c. 295, §6 (RPR). PL 1989, c. 503, §B25 (AMD). PL 2021, c. 348, §13 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 379: BOARDS, COMMISSIONS, COMMITTEES AND SIMILAR ORGANIZATIONS › Subchapter 1: COMPENSATION › 5 §12002-C. Per diem and expense vouchers

§12002-C. Per diem and expense vouchers
In order to receive per diem compensation or reimbursement for expenses as authorized by this chapter, a member of a board that is required to submit expense vouchers to the Department of Administrative and Financial Services for reimbursement must complete and sign an expense voucher form to the satisfaction of the Commissioner of Administrative and Financial Services. Every board member shall certify in writing on the voucher form whether the per diem or expenses incurred for each item is an official meeting or hearing activity required by statute that has been called by the chair of the board or by a person authorized by statute to call the meeting or hearing. In the event that the requested per diem or expense reimbursement is not the result of an official meeting or hearing of the board, the board member shall explain on the voucher the reason for the claim. The Commissioner of Administrative and Financial Services may disapprove those expenses or portion of expenses that do not comply with this chapter.   [PL 1991, c. 780, Pt. Y, §101 (AMD).]
SECTION HISTORY
PL 1985, c. 295, §10 (NEW). PL 1985, c. 785, §A80 (AMD). PL 1991, c. 780, §Y101 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 379: BOARDS, COMMISSIONS, COMMITTEES AND SIMILAR ORGANIZATIONS › Subchapter 1: COMPENSATION › 5 §12002-D. Expenses of boards excluded by definition

§12002-D. Expenses of boards excluded by definition
Sections 12002‑A, 12002‑B and 12002‑C governing the payment of compensation and reimbursement of expenses to boards subject to this chapter do not apply to boards that are excluded from this chapter, as defined in section 12002, subsection 1, paragraphs A to F. Reimbursement of expenses of boards excluded by the definition in section 12002, subsection 1, shall be governed by this section.   [PL 1985, c. 732, §1 (NEW).]
Any boards excluded from the definition of a board subject to this chapter may be reimbursed for expenses, including meals and refreshments provided during the meeting of the board to the extent that the department or agency of State Government with which the board is associated has sufficient money in the budget of the department or agency to reimburse the expenses.   [PL 1985, c. 732, §1 (NEW).]
SECTION HISTORY
PL 1985, c. 732, §1 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 379: BOARDS, COMMISSIONS, COMMITTEES AND SIMILAR ORGANIZATIONS › Subchapter 1: COMPENSATION › 5 §12003. Policy (REPEALED)

§12003. Policy
(REPEALED)
SECTION HISTORY
PL 1983, c. 812, §39 (NEW). PL 1985, c. 295, §11 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 379: BOARDS, COMMISSIONS, COMMITTEES AND SIMILAR ORGANIZATIONS › Subchapter 1: COMPENSATION › 5 §12004-B. Arbitration, mediation, valuation and board appeals

§12004-B. Arbitration, mediation, valuation and board appeals
The primary responsibilities of the boards in this section include the assessment of property for purchase, valuation or tax purposes; the hearing of appeals with respect to property valuation or assessment; and the arbitration, conciliation or mediation of disputes or grievances.   [PL 1987, c. 786, §5 (NEW).]
The primary powers of these boards include the holding of hearings; the adoption of rules; the determination, modification or assessment of fees, taxes and penalties; arbitration, conciliation and mediation; the establishment of standards and procedures; and the adjudication of disputes.   [PL 1987, c. 786, §5 (NEW).]
This classification includes the following.   [PL 1987, c. 786, §5 (NEW).]
NAME OF ORGANIZATION
RATE OF COMPENSATION
STATUTORY REFERENCE
1.
State Board of Arbitration and Conciliation
$75/Day
26 MRSA §931
[PL 1987, c. 786, §5 (NEW).]
2.
Maine Labor Relations Board
$75/Day $100/Day Chair
26 MRSA §968
[PL 1989, c. 503, Pt. A, §7 (AMD).]
3.
Panel of Mediators
$300/Period up to 4 Hours
26 MRSA §892
[PL 2019, c. 501, §3 (AMD).]
4.
State Civil Service Appeals Board
$50/Day
5 MRSA §7081
[PL 1987, c. 786, §5 (NEW).]
5.
State Claims Commission
$150/Day
23 MRSA §152
[PL 1995, c. 438, §1 (AMD).]
6.
State Board of Property Tax Review
$75/Day
36 MRSA §271
[PL 1997, c. 643, Pt. E, §4 (AMD).]
7.
Maine Agricultural Bargaining Board
$75/Day
13 MRSA §1956
[PL 1987, c. 786, §5 (NEW).]
8.
Committee on Judicial Responsibility and Disability
Set by Supreme Judicial Court
4 MRSA §9‑B
[PL 1993, c. 381, §2 (NEW).]
9.  Baxter Compensation Program Compensation Panel
[PL 2001, c. 667, Pt. C, §2 (RP).]
10.
Maine Board of Tax Appeals
$100/Day
36 MRSA §151‑D
[PL 2011, c. 694, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 786, §5 (NEW). PL 1989, c. 503, §A7 (AMD). PL 1993, c. 381, §2 (AMD). PL 1995, c. 438, §1 (AMD). PL 1997, c. 643, §E4 (AMD). PL 2001, c. 439, §T3 (AMD). PL 2001, c. 667, §C2 (AMD). PL 2011, c. 694, §1 (AMD). PL 2019, c. 501, §3 (AMD).