§ 25 §2103-A — Adoption of rules

The Commissioner of Public Safety shall adopt state rules to adopt by reference the federal regulations as found in 49 Code of Federal Regulations, Parts 107, 171, 172, 173, 174, 177, 178, 179, 180, 387 and 397, as amended, and subsequently shall adopt state rules to adopt by reference every subsequent amendment to those federal regulations. Except as provided in this section, the Maine Administrative Procedure Act, Title 5, chapter 375, does not apply to those adoptions.
1.
Content of state rules.
Any state rule adopted under this section must contain instructions for obtaining a copy or a certified copy of referenced federal regulations or amendments from the appropriate federal agency.
2.
Filing, publication and availability of rules.
For every state rule adopted under this section:
3.
Effective date; emergency rules.
A rule adopted under this section may not take effect until at least 5 days after filing with the Secretary of State under subsection 2, paragraph A, except that, if the commissioner finds that immediate adoption of the rule is necessary to avoid an immediate threat to public health, safety or general welfare, the commissioner may adopt the rule as an emergency rule in accordance with Title 5, section 8054, and that rule takes effect immediately.

Legislative History

PL 1983, c. 736, §4 (NEW). PL 1987, c. 789, §1 (AMD). PL 1989, c. 754, §C1 (AMD). PL 1997, c. 653, §1 (AMD). PL 2003, c. 633, §1 (AMD). PL 2025, c. 384, §24 (AMD).