Maine § 5 §8056 Filing of adopted and provisionally adopted rules; online posting of adopted rules

Maine Statutes

§ 5 §8056 — Filing of adopted and provisionally adopted rules; online posting of adopted rules

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

1.Requirements. With respect to every rule adopted or, in the case of a major substantive rule, finally adopted, an agency shall:

2.Form. 2-A. Incorporation by reference. Through rulemaking, an agency may incorporate by reference into a rule all or any part of a code, standard, rule or regulation that has been adopted by an agency of the United States or of this State or by a nationally recognized organization or association.

3.Secretary of State. The Secretary of State shall maintain, and make available through the Secretary of State's publicly accessible website, electronic copies of the rules of each agency that are in effect.

4.Additional requirements.

5.Record of vote. In addition to the foregoing and as applicable, each agency shall maintain, at its principal office, and make av

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1.
Requirements.
With respect to every rule adopted or, in the case of a major substantive rule, finally adopted, an agency shall:
2.
Form.
2-A.
Incorporation by reference.
Through rulemaking, an agency may incorporate by reference into a rule all or any part of a code, standard, rule or regulation that has been adopted by an agency of the United States or of this State or by a nationally recognized organization or association.
3.
Secretary of State.
The Secretary of State shall maintain, and make available through the Secretary of State's publicly accessible website, electronic copies of the rules of each agency that are in effect.
4.
Additional requirements.
5.
Record of vote.
In addition to the foregoing and as applicable, each agency shall maintain, at its principal office, and make available for inspection to any person, a record of the vote of each member of the agency taken in rule-making proceedings.
6.
Attorney General review and approval.
The review required in subsection 1, paragraph A may not be performed by any person involved in the formulation or drafting of the proposed rule. The Attorney General may not approve a rule if it is reasonably expected to result in a taking of private property under the Constitution of Maine unless such a result is directed by law or sufficient procedures exist in law or in the proposed rule to allow for a variance designed to avoid such a taking.
7.
Codification of rules.
8.
Electronic text file procedures.
8-A.
Electronic filing procedures.
In accordance with subsection 1, the Secretary of State may establish, including by routine technical rules, procedures for the electronic filing of rules and rule-making documentation. If the Secretary of State implements an electronic filing platform through which rules and rule-making documentation and information specified in this Act are to be filed, that platform is the exclusive means through which rules and rule-making documentation may be filed, except as otherwise determined by the Secretary of State. An adopted rule that is filed by an agency through an electronic filing platform and accepted for filing by the Secretary of State is an official copy of the rule.
9.
Certification of adopted rules.
The Secretary of State may certify that a paper or electronic copy of an adopted rule accepted for filing and maintained by the Secretary of State is an official copy of the rule.
10.
Minor errors.
10-A.
Minor errors; updating words or terms.
Without having to initiate rulemaking pursuant to this Act:

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Legislative History

PL 1977, c. 551, §3 (NEW). PL 1979, c. 425, §§8,9 (AMD). PL 1981, c. 524, §§11-13 (AMD). PL 1985, c. 39, §3 (AMD). PL 1991, c. 554, §§1,2 (AMD). PL 1993, c. 362, §§4-6 (AMD). PL 1995, c. 373, §§6,7 (AMD). PL 1995, c. 537, §6 (AMD). PL 1999, c. 261, §1 (AMD). PL 2011, c. 380, Pt. NNN, §2 (AMD). PL 2025, c. 384, §19 (AMD).