Maine § 5 §8052 Rulemaking

Maine Statutes

§ 5 §8052 — Rulemaking

Maine·Title 5 ADMINISTRATIVE PROCEDURES AND SERVICES·Part 18 ADMINISTRATIVE PROCEDURES·Ch. 375 MAINE ADMINISTRATIVE PROCEDURE ACT

1.Notice; public hearing. Prior to the adoption of any rule, the agency shall give notice as provided in section 8053 and may hold a public hearing, except that a public hearing must be held if otherwise required by statute or requested by any 5 interested persons or if the rule is a major substantive rule as defined in section 8071, subsection 2, paragraph B.

2.Requirements. A public hearing must comply with any requirements imposed by statute, but is not subject to subchapter 4. Any public hearing must be held and conducted as follows.

3.Statements and arguments filed. When a public hearing is held, written statements and arguments concerning the proposed rule may be filed with the agency within 10 days after the close of the public hearing, or within such longer time as the agency ma

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1.
Notice; public hearing.
Prior to the adoption of any rule, the agency shall give notice as provided in section 8053 and may hold a public hearing, except that a public hearing must be held if otherwise required by statute or requested by any 5 interested persons or if the rule is a major substantive rule as defined in section 8071, subsection 2, paragraph B.
2.
Requirements.
A public hearing must comply with any requirements imposed by statute, but is not subject to subchapter 4. Any public hearing must be held and conducted as follows.
3.
Statements and arguments filed.
When a public hearing is held, written statements and arguments concerning the proposed rule may be filed with the agency within 10 days after the close of the public hearing, or within such longer time as the agency may direct.
4.
Relevant information considered.
The agency shall consider all relevant information available to it, including, but not limited to, economic, environmental, fiscal and social impact analyses and statements and arguments filed, before adopting any rule.
5.
Written statement adopted.
5-A.
Impact on small business.
In adopting rules, the agencies shall seek to reduce any economic burdens through flexible or simplified reporting requirements and may seek to reduce burdens through flexible or simplified timetables that take into account the resources available to the affected small businesses. The agency may consider clarification, consolidation or simplification of compliance or reporting requirements. For the purposes of this subsection, "small business" means businesses that have 20 or fewer employees.
5-B.
Basis statement; summary of comments and testimony.
At the time of adoption of any rule, an agency shall:
5-C.
Consistency of adopted rule with proposed rule.
A rule may not be adopted unless the adopted rule is consistent with the terms of the proposed rule, except to the extent that the agency determines that it is necessary to address concerns raised in comments about the proposed rule or specific findings are made supporting changes to the proposed rule. If an agency determines that a rule that the agency intends to adopt is substantively different from the proposed rule, the agency shall request comments from the public concerning the changes from the proposed rule. The agency may not adopt the rule for a period of 30 days from the date comments are requested pursuant to this subsection. Notice of the request for comments must be published by the Secretary of State in the same manner as notice for proposed rules.
5-D.
Agency rule files.
In addition to other documents required by this Act, an agency shall maintain a file for each rule adopted by the agency that includes the following information:
6.
Effective date.
No rule, except emergency rules adopted under section 8054, becomes effective until at least 5 days after filing with the Secretary of State under section 8056, subsection 1, paragraph B.
7.
Adoption of rule.
A rule may not take effect unless:
8.
Appropriate reference to underlying federal and state laws and regulations.
At the time of adoption of any rule, the agency shall refer with particularity to any underlying federal or state law or regulation which serves as the basis of the rule.

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Legislative History

PL 1977, c. 551, §3 (NEW). PL 1977, c. 694, §34-A (AMD). PL 1979, c. 425, §4 (AMD). PL 1981, c. 524, §§1-6 (AMD). PL 1985, c. 39, §1 (AMD). PL 1985, c. 77, §1 (AMD). PL 1985, c. 506, §§A2,3 (AMD). PL 1985, c. 680, §§1,2 (AMD). PL 1985, c. 737, §A18 (AMD). PL 1989, c. 574, §§3,4 (AMD). PL 1991, c. 632, §1 (AMD). PL 1993, c. 362, §§2,3 (AMD). PL 1993, c. 446, §A19 (AMD). RR 1995, c. 2, §8 (COR). PL 1995, c. 373, §3 (AMD). PL 1995, c. 463, §1 (AMD). PL 1997, c. 110, §2 (AMD). PL 1997, c. 196, §1 (AMD). PL 2007, c. 181, §1 (AMD). PL 2007, c. 581, §2 (AMD). PL 2011, c. 380, Pt. NNN, §1 (AMD). PL 2025, c. 384, §§1-5 (AMD).