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 1: GENERAL PROVISIONS › 5 §8009. Insurance of loans (REALLOCATED TO TITLE 5, SECTION 15009)

§8009. Insurance of loans
(REALLOCATED TO TITLE 5, SECTION 15009)
SECTION HISTORY
PL 1977, c. 568, §1 (NEW). PL 1977, c. 696, §48 (RAL).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT › Subchapter 1: GENERAL PROVISIONS › 5 §8010. Loan Insurance premiums (REALLOCATED TO TITLE 5, SECTION 15010)

§8010. Loan Insurance premiums
(REALLOCATED TO TITLE 5, SECTION 15010)
SECTION HISTORY
PL 1977, c. 568, §1 (NEW). PL 1977, c. 696, §48 (RAL).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT › Subchapter 1: GENERAL PROVISIONS › 5 §8011. Acquisition and disposal of property (REALLOCATED TO TITLE 5, SECTION 15011)

§8011. Acquisition and disposal of property
(REALLOCATED TO TITLE 5, SECTION 15011)
SECTION HISTORY
PL 1977, c. 568, §1 (NEW). PL 1977, c. 696, §48 (RAL).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT › Subchapter 1: GENERAL PROVISIONS › 5 §8012. Loans eligible for investment (REALLOCATED TO TITLE 5, SECTION 15012)

§8012. Loans eligible for investment
(REALLOCATED TO TITLE 5, SECTION 15012)
SECTION HISTORY
PL 1977, c. 568, §1 (NEW). PL 1977, c. 696, §48 (RAL).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT › Subchapter 1: GENERAL PROVISIONS › 5 §8013. Safeguarding the fund (REALLOCATED TO TITLE 5, SECTION 15013)

§8013. Safeguarding the fund
(REALLOCATED TO TITLE 5, SECTION 15013)
SECTION HISTORY
PL 1977, c. 568, §1 (NEW). PL 1977, c. 696, §48 (RAL).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT › Subchapter 1: GENERAL PROVISIONS › 5 §8014. Accounts (REALLOCATED TO TITLE 5, SECTION 15014)

§8014. Accounts
(REALLOCATED TO TITLE 5, SECTION 15014)
SECTION HISTORY
PL 1977, c. 568, §1 (NEW). PL 1977, c. 696, §48 (RAL).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT › Subchapter 1: GENERAL PROVISIONS › 5 §8015. Records confidential (REALLOCATED TO TITLE 5, SECTION 15015)

§8015. Records confidential
(REALLOCATED TO TITLE 5, SECTION 15015)
SECTION HISTORY
PL 1977, c. 568, §1 (NEW). PL 1977, c. 696, §48 (RAL).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT › Subchapter 2: RULEMAKING › 5 §8051. Adoption of rules of practice

§8051. Adoption of rules of practice
In addition to other rule-making requirements imposed by law, each agency shall adopt rules of practice governing the conduct of adjudicatory proceedings, licensing proceedings and the rendering of advisory rulings, except to the extent that such rules are provided by law. The first time after October 1, 1995 that an agency proposes to adopt or modify the rules of practice governing the conduct of adjudicatory proceedings or licensing proceedings, the agency shall also propose any rules reasonably necessary to promote, when appropriate, the efficient and cost-effective use of alternative dispute resolution techniques, including the use of neutral facilitators, mediators or arbitrators. If the agency determines that it is unnecessary or inappropriate to propose these rules, it shall so state in the notice of rulemaking required under section 8053. A written explanation of the reasons for the agency's determination must be included in the basis statement of rule. Any agency rule of practice that imposes a time period or deadline for the filing of any submission or for the service of any paper must provide that filing or service is complete:   [PL 1995, c. 249, §1 (AMD).]
1.  Upon an agency.
Upon an agency, when the agency receives the submission or the paper by mail, in-hand delivery or any other means specified by the agency; or
[PL 1989, c. 297, §1 (NEW).]
2.  Upon a party.
Upon a party, when the paper is mailed to the party or the party's attorney, by in-hand delivery to the recipient or by delivery to the recipient's office.
[PL 1995, c. 249, §1 (AMD).]
SECTION HISTORY
PL 1977, c. 551, §3 (NEW). PL 1989, c. 297, §1 (AMD). PL 1995, c. 249, §1 (AMD).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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 §8074. Federally mandated rules (REPEALED)

§8074. Federally mandated rules
(REPEALED)
SECTION HISTORY
PL 1995, c. 463, §2 (NEW). PL 2019, c. 29, §1 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 18: ADMINISTRATIVE PROCEDURES › Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT › Subchapter 3: ADVISORY RULINGS › 5 §9001. Advisory rulings

§9001. Advisory rulings
1.  Written request.
Upon written request of any interested person, an agency may make an advisory ruling with respect to the applicability of any statute or rule administered by that agency to him or his property or actual state of facts.
[PL 1977, c. 551, §3 (NEW).]
2.  Rules written.
All advisory rulings shall be in writing.
[PL 1977, c. 551, §3 (NEW).]
3.  Advisory ruling not binding.
An advisory ruling shall not be binding upon an agency, provided that in any subsequent enforcement action initiated by the agency which made the ruling, any person's justifiable reliance upon the ruling shall be considered in mitigation of any penalty sought to be assessed.
[PL 1977, c. 551, §3 (NEW).]
4.  Advisory rulings.
Each agency shall prescribe by rule, in accordance with section 8051, the procedure for the submission, consideration and disposition of requests for advisory rulings. In issuing an advisory ruling, the agency need not comply with the requirements of subchapters II or IV.
[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 §9051. Scope

§9051. Scope
1.  Adjudicatory proceeding.
In any adjudicatory proceedings, except those proceedings involving correctional facilities, the Workers' Compensation Board, the Maine Motor Vehicle Franchise Board or the State Parole Board, the procedures of this subchapter apply.
[PL 2005, c. 61, §1 (AMD).]
2.  Hearing.
Unless a hearing is required by statute, the requirements of this subchapter, except the notice provisions of section 9052, subsection 1, shall not apply until a request for a hearing is made under section 9052, subsection 1, paragraph A, or a hearing is set by the agency.
[PL 1977, c. 551, §3 (NEW).]
3.  Filing and service.
The filing of any submission in any adjudicatory proceeding or the service of any paper on a party to an adjudicatory proceeding is complete:
A. Upon an agency when the agency receives the submission or the paper by mail, in-hand delivery or any other means specified by the agency; or   [PL 1989, c. 297, §2 (NEW).]
B. Upon a party upon mailing of the paper to the party or the party's attorney, upon in-hand delivery to the recipient or by delivery to the recipient's office.   [PL 1989, c. 297, §2 (NEW).]
[PL 1989, c. 297, §2 (NEW).]
SECTION HISTORY
PL 1977, c. 551, §3 (NEW). PL 1977, c. 616, §1 (AMD). PL 1977, c. 694, §§35-A (AMD). PL 1979, c. 127, §39 (AMD). PL 1989, c. 297, §2 (AMD). PL 1991, c. 885, §D2 (AMD). PL 2005, c. 61, §1 (AMD).
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 §9052-A. Holding of hearings

§9052-A. Holding of hearings
Whenever an agency, including environmental agencies, holds a hearing pursuant to this subchapter, the agency shall strive to hold a hearing in the area or areas of the State which are significantly affected by the license application or which are concerned about the issue.   [PL 1987, c. 653, §3 (NEW).]
SECTION HISTORY
PL 1987, c. 653, §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 §9053. Disposition without full hearing

§9053. Disposition without full hearing
Unless otherwise provided by law, agencies may:   [PL 1977, c. 551, §3 (NEW).]
1.  Responsibility.
Place on any party the responsibility of requesting a hearing if the agency notifies him in writing of his right to a hearing, and of his responsibility to request the hearing;
[PL 1977, c. 551, §3 (NEW).]
2.  Stipulation, settlement, consent order.
Make informal disposition of any adjudicatory proceeding by stipulation, agreed settlement or consent order;
[PL 1977, c. 551, §3 (NEW).]
3.  Default.
Make informal disposition of any adjudicatory proceeding by default, provided that notice has been given that failure to take required action may result in default, and further provided that any such default may be set aside by the agency for good cause shown; and
[PL 1977, c. 551, §3 (NEW).]
4.  Issues limited.
Limit the issues to be heard or vary any procedure prescribed by agency rule or this subchapter if the parties and the agency agree to such limitation or variation, or if no prejudice to any party will result.
[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 §9054. Public participation

§9054. Public participation
1.  Intervention.
On timely application made pursuant to agency rules, the agency conducting the proceedings shall allow any person showing that he is nor may be, or is a member of a class which is or may be, substantially and directly affected by the proceeding, or any other agency of federal, state or local government, to intervene as a party to the proceeding.
[PL 1977, c. 551, §3 (NEW).]
2.  Intervention; interested person.
The agency may, by order, allow any other interested person to intervene and participate as a full or limited party to the proceeding. This subsection shall not be construed to limit public participation in the proceeding in any other capacity.
[PL 1977, c. 551, §3 (NEW).]
3.  Participation limited or denied.
When participation of any person is limited or denied, the agency shall include in the record an entry to that effect and the reasons therefor.
[PL 1977, c. 551, §3 (NEW).]
4.  Consolidation of presentations.
Where appropriate, the agency may require consolidation of presentations of evidence and argument by members of a class entitled to intervene under subsection 1, or by persons allowed to intervene under subsection 2.
[PL 1977, c. 551, §3 (NEW).]
5.  Participation.
The agency shall allow any of its staff to appear and participate in any adjudicatory proceeding.
[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 §9055. Ex parte communications; separation of functions

§9055. Ex parte communications; separation of functions
1.  Communication prohibited.
In any adjudicatory proceeding, no agency members authorized to take final action or presiding officers designated by the agency to make findings of fact and conclusions of law may communicate directly or indirectly in connection with any issue of fact, law or procedure, with any party or other persons legally interested in the outcome of the proceeding, except upon notice and opportunity for all parties to participate.
[PL 1985, c. 506, Pt. A, §5 (AMD).]
2.  Communication permitted.
This section shall not prohibit any agency member or other presiding officer described in subsection 1 from:
A. Communicating in any respect with other members of the agency or other presiding officers; or   [PL 1977, c. 551, §3 (NEW).]
B. Having the aid or advice of those members of his own agency staff, counsel or consultants retained by the agency who have not participated and will not participate in the adjudicatory proceeding in an advocate capacity.   [PL 1979, c. 425, §11 (AMD).]
[PL 1979, c. 425, §11 (AMD).]
SECTION HISTORY
PL 1977, c. 551, §3 (NEW). PL 1979, c. 425, §11 (AMD). PL 1985, c. 506, §A5 (AMD).
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 §9056. Opportunity to be heard

§9056. Opportunity to be heard
1.  Opportunity for hearing.
The opportunity for hearing in an adjudicatory proceeding shall be afforded without undue delay.
[PL 1977, c. 551, §3 (NEW).]
2.  Rights.
Unless limited by stipulation under section 9053, subsection 4, or by agency order pursuant to section 9054, subsections 2 or 4, or unless otherwise limited by the agency to prevent repetition or unreasonable delay in proceedings, every party shall have the right to present evidence and arguments on all issues, and at any hearing to call and examine witnesses and to make oral cross-examination of any person present and testifying.
[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 §9058. Official notice

§9058. Official notice
1.  Official notice.
Agencies may take official notice of any facts of which judicial notice could be taken, and in addition may take official notice of general, technical or scientific matters within their specialized knowledge and of statutes, regulations and nonconfidential agency records. Parties shall be notified of the material so noticed, and they shall be afforded an opportunity to contest the substance or materiality of the facts noticed.
[PL 1977, c. 551, §3 (NEW).]
2.  Facts.
Facts officially noticed shall be included and indicated as such in the record.
[PL 1977, c. 551, §3 (NEW).]
3.  Evaluation of evidence.
Notwithstanding the foregoing, agencies may utilize their experience, technical competence and specialized knowledge in the evaluation of the evidence presented to them.
[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 §9059. Record

§9059. Record
1.  Record.
In an adjudicatory proceeding, the agency shall make a record consisting of:
A. All applications, pleadings, motions, preliminary and interlocutory rulings and orders;   [PL 1977, c. 551, §3 (NEW).]
B. Evidence received or considered;   [PL 1977, c. 551, §3 (NEW).]
C. A statement of facts officially noticed;   [PL 1977, c. 551, §3 (NEW).]
D. Offers of proof, objections and rulings thereon;   [PL 1977, c. 551, §3 (NEW).]
E. Proposed findings and exceptions, if any;   [PL 1977, c. 551, §3 (NEW).]
F. The recommended decision, opinion or report, if any, by the presiding officer;   [PL 1977, c. 551, §3 (NEW).]
G. The decision of the agency; and   [PL 1977, c. 551, §3 (NEW).]
H. All staff memoranda submitted to the members of the agency or other presiding officers by agency staff in connection with their consideration of the case, except memoranda of counsel to the agency.   [PL 1977, c. 551, §3 (NEW).]
[PL 1977, c. 551, §3 (NEW).]
2.  Hearings recorded.
The agency shall record all hearings in a form susceptible to transcription. Portions of the record as required and specified in subsection 1 may be included in the recording. The agency shall transcribe the recording when necessary for the prosecution of an appeal.
[PL 1977, c. 551, §3 (NEW).]
3.  Record; copies.
The agency shall make a copy of the record, including recordings made pursuant to subsection 2, available at its principal place of operation, for inspection by any person during normal business hours; and shall make copies of the record, copies of recordings or transcriptions of recordings available to any person at actual cost. Notwithstanding the provisions of this subsection, the agency shall withhold, obliterate or otherwise prevent the dissemination of any portions of the record which are made confidential by state or federal statute, but shall do so in the least restrictive manner feasible.
[PL 1977, c. 551, §3 (NEW).]
4.  Decision on the record.
All material, including records, reports and documents in the possession of the agency, of which it desires to avail itself as evidence in making a decision, shall be offered and made a part of the record and no other factual information or evidence shall be considered in rendering a decision.
[PL 1977, c. 551, §3 (NEW).]
5.  Documentary evidence.
Documentary evidence may be incorporated in the record by reference when the materials so incorporated are made available for examination by the parties before being received in evidence.
[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 §9060. Subpoenas and discovery

§9060. Subpoenas and discovery
1.  Proceedings.
In any adjudicatory proceeding for which the agency, by independent statute, has authority to issue subpoenas, any party shall be entitled as of right to their issuance in the name of the agency to require the attendance and testimony of witnesses and the production of any evidence relating to any issue of fact in the proceeding.
In any proceeding in which the conducting agency lacks independent authority to issue subpoenas, any party may request the issuance of a subpoena by the agency, and the agency is hereby authorized to issue the same if it first obtains the approval of the Attorney General or of any deputy attorney general. Such approval shall be given when the testimony or evidence sought is relevant to any issue of fact in the proceeding.
When properly authorized, subpoenas may be issued by the agency or by any person designated by the agency for that purpose, in accordance with the following provisions:
A. The agency may prescribe the form of subpoena, but it shall adhere, insofar as practicable, to the form used in civil cases before the courts. Witnesses shall be subpoenaed only within the territorial limits and in the same manner as witnesses in civil cases before the courts, unless another territory or manner is provided by law. Witnesses subpoenaed shall be paid the same fees for attendance and travel as in civil cases before the courts. Such fees shall be paid by the party requesting the subpoena.   [PL 1977, c. 551, §3 (NEW).]
B. Any subpoena issued shall show on its face the name and address of the party at whose request it was issued.   [PL 1977, c. 551, §3 (NEW).]
C. Any witness subpoenaed may petition the agency to vacate or modify a subpoena issued in its name. The agency shall give prompt notice to the party who requested issuance of the subpoena. After such investigation as the agency considers appropriate, it may grant the petition in whole or in part upon a finding that the testimony or the evidence whose production is required does not relate with reasonable directness to any matter in question, or that a subpoena for the attendance of a witness or the production of evidence is unreasonable or oppressive or has not been issued a reasonable period in advance of the time when the evidence is requested.   [PL 1977, c. 551, §3 (NEW).]
D. Failure to comply with a subpoena lawfully issued in the name of the agency and not revoked or modified by the agency as provided in this section shall be punishable as for contempt of court.   [PL 1977, c. 694, §36 (AMD).]
[PL 1977, c. 694, §36 (AMD).]
2.  Adoption of rules.
Each agency having power to conduct adjudicatory proceedings may adopt rules providing for discovery to the extent and in the manner appropriate to its proceeding.
[PL 1977, c. 551, §3 (NEW).]
SECTION HISTORY
PL 1977, c. 551, §3 (NEW). PL 1977, c. 694, §36 (AMD).
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 §9061. Decisions

§9061. Decisions
Every agency decision made at the conclusion of an adjudicatory proceeding shall be in writing or stated in the record, and shall include findings of fact sufficient to apprise the parties and any interested member of the public of the basis for the decision. A copy of the decision shall be delivered or promptly mailed to each party to the proceeding or his representative of record. Written notice of the party's rights to review or appeal of the decision within the agency or review of the decision by the courts, as the case may be, and of the action required and the time within which such action must be taken in order to exercise the right of review or appeal, shall be given to each party with the decision.   [PL 1977, c. 551, §3 (NEW).]
The agency shall maintain a record of the vote of each member of the agency with respect to the agency decision.   [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 §9062. Presiding officers

§9062. Presiding officers
1.  Presiding officer.
An agency may authorize any agency member, employee or agent to act as presiding officer in any hearing.
[PL 1977, c. 551, §3 (NEW).]
2.  Substitute officer.
Whenever a presiding officer is disqualified or it becomes impracticable for him to continue the hearing, another presiding officer may be assigned to continue with the hearing; provided that, if it is shown substantial prejudice to any party will thereby result, the substitute officer shall commence the hearing anew.
[PL 1977, c. 551, §3 (NEW).]
3.  Presiding officer; duties.
Subject to rules or limitations imposed by the agency, presiding officers may:
A. Administer oaths and affirmations;   [PL 1977, c. 551, §3 (NEW).]
B. Rule on the admissibility of evidence;   [PL 1977, c. 551, §3 (NEW).]
C. Regulate the course of the hearing, set the time and place for continued hearings, and fix the time for filing of evidence, briefs and other written submissions; and   [PL 1977, c. 551, §3 (NEW).]
D. Take other action authorized by statute or agency rule consistent with this subchapter.   [PL 1977, c. 551, §3 (NEW).]
[PL 1977, c. 551, §3 (NEW).]
4.  Report.
In the event that the presiding officer prepares any report or proposed findings for the agency, the report or findings shall be in writing. A copy of the report or findings shall be provided to each party and an opportunity shall be provided for response or exceptions to be filed by each party.
[PL 1977, c. 551, §3 (NEW).]
SECTION HISTORY
PL 1977, c. 551, §3 (NEW).