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LD1778 • 2025

An Act to Update Provisions of the Maine Administrative Procedure Act

An Act to Update Provisions of the Maine Administrative Procedure Act

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Representative Amy Kuhn
Last action
2025-06-20
Official status
Signed by the Governor
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

An Act to Update Provisions of the Maine Administrative Procedure Act

An Act to Update Provisions of the Maine Administrative Procedure Act Sponsor: Representative Amy Kuhn Reference committee: Judiciary Governor action: Signed by the Governor

What This Bill Does

  • An Act to Update Provisions of the Maine Administrative Procedure Act Sponsor: Representative Amy Kuhn Reference committee: Judiciary Governor action: Signed by the Governor

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Adopted by House & Senate

Plain English: Page 1 - 132LR1692(02) COMMITTEE AMENDMENT 1 L.D.

  • Page 1 - 132LR1692(02) COMMITTEE AMENDMENT 1 L.D.
  • 1778 2 Date: (Filing No.
  • H- ) 3JUDICIARY 4 Reproduced and distributed under the direction of the Clerk of the House.
  • 5STATE OF MAINE 6HOUSE OF REPRESENTATIVES 7132ND LEGISLATURE 8FIRST SPECIAL SESSION 9 COMMITTEE AMENDMENT “ ” to H.P.

Bill History

  1. 2025-06-20 Governor

    Signed by the Governor

  2. 2025-06-17 House

    PASSED TO BE ENACTED . Sent for concurrence. ORDERED SENT FORTHWITH.

  3. 2025-06-17 Senate

    PASSED TO BE ENACTED , in concurrence.

  4. 2025-06-16 Committee

    Reported Out; OTP-AM

  5. 2025-05-15 Committee

    Work Session Held

  6. 2025-05-15 Committee

    Voted; OTP-AM

  7. 2025-04-24 Committee

    Referred to Committee on Judiciary.

Official Summary Text

An Act to Update Provisions of the Maine Administrative Procedure Act
Sponsor:
Representative Amy Kuhn
Reference committee:
Judiciary
Governor action:
Signed by the Governor

Current Bill Text

Read the full stored bill text
Page 1 - 132LR1692(03)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
_____
H.P. 1189 - L.D. 1778
An Act to Update Provisions of the Maine Administrative Procedure Act
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §8052, sub-§2, as amended by PL 1993, c. 362, §2, is further
amended to read:
2. Requirements. Any A public hearing shall must comply with any requirements
imposed by statute, but shall is not be subject to subchapter IV 4. Any public hearing shall
must be held and conducted as follows.
A. In the case of a rule authorized to be adopted by more than one agency member a
board or commission consisting of 3 or more members, at least 1/3 of the agency board
or commission members shall must be present during any hearing on the rule.
B. In the case of a rule authorized to be adopted by a single agency member, either the
agency member, a person in a major policy-influencing position, as listed in chapter
71, or a designee who has responsibility over the subject matter to be discussed at the
hearing shall hold and conduct the hearing.
Sec. 2. 5 MRSA §8052, sub-§5, as amended by PL 2011, c. 380, Pt. NNN, §1, is
repealed.
Sec. 3. 5 MRSA §8052, sub-§5-B is enacted to read:
5-B. Basis statement; summary of comments and testimony. At the time of
adoption of any rule, an agency shall:
A. Compose a basis statement that briefly explains the factual and policy foundation
for the rule. If the adoption under this subsection is final adoption of a major
substantive rule under subchapter 2‑A, the agency must include in its written statement
citation of the legislative act authorizing final adoption of that rule; or, if authorization
is the result of failure of the Legislature to act under section 8072, subsection 7, the
agency must indicate that fact and identify the date the agency filed the rule for review
under section 8072; and
APPROVED
JUNE 20, 2025
BY GOVERNOR
CHAPTER
384
PUBLIC LAW
Page 2 - 132LR1692(03)
B. List the names of persons whose comments were received, including through
testimony at hearings, the organizations the persons represent and summaries of their
comments as follows.
(1) The agency shall address the specific comments and concerns expressed about
any proposed rule and state its rationale for adopting any changes from the
proposed rule, failing to adopt the suggested changes or drawing findings and
recommendations that differ from those expressed about the proposed rule.
(2) If the same or similar comments or concerns about a specific issue were
expressed by different persons or organizations, the agency may synthesize these
comments and concerns into a single comment that accurately reflects the meaning
and intent of these comments and concerns to be addressed by the agency, listing
the names of the persons who commented and the organizations they represent.
Sec. 4. 5 MRSA §8052, sub-§5-C is enacted to read:
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.
Sec. 5. 5 MRSA §8052, sub-§5-D is enacted to read:
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:
A. Testimony submitted during any public hearing held on the rule;
B. Written comments submitted on the rule;
C. The names of persons who commented on the rule and the organizations those
persons represent; and
D. Any other information relevant to the rule and considered by the agency in
connection with the formulation, proposal or adoption of the rule.
Sec. 6. 5 MRSA §8053, sub-§1, as amended by PL 2011, c. 479, §1-3, is further
amended to read:
1. Notice of rulemaking without hearing. At least 20 17 days prior to the comment
deadline of any proposed rule without for which a public hearing will not be held, the
agency shall deliver or mail written notice or, with written or electronic agreement of the
party, provide send an electronic notice or paper notice to:
A. Any person specified by the statute authorizing the rulemaking;
B. Any person who has filed within the past year a written or electronic request with
the agency for notice of rulemaking;
Page 3 - 132LR1692(03)
C. Any trade, industry, professional, interest group or regional publication that the
agency considers effective in reaching the persons affected; and
E. The primary sponsor of the legislation that was enacted and authorized the
rulemaking, as long as the legislation was enacted within the previous 2 years.
Notification to subscribers under paragraph B must be by mail or, with written or
electronically submitted agreement of the subscriber, electronic notice or otherwise in
writing to the last address provided to the agency by that person. Subscribers under
paragraph B may request to receive a copy of each proposed rule with the written notice.
The agency shall provide the copy at the same time the notice is sent.
Written or electronic notice must also be given to the Secretary of State, by the deadline
established by the Secretary of State, for publication in accordance with subsection 5. This
notice must be in a format approved by the Secretary of State.
Sec. 7. 5 MRSA §8053, sub-§2, as repealed and replaced by PL 1979, c. 425, §5,
is amended to read:
2. Notice of rulemaking rule-making hearing. When an agency holds a public
hearing prior to adoption of a rule, notice of the hearing shall must be given in the manner
described in subsections 1 and 5, using the date of the hearing to calculate the time periods
involved;.
Sec. 8. 5 MRSA §8053, sub-§3, as amended by PL 2019, c. 146, §§1 to 3, is further
amended to read:
3. Contents of notice. Except for notices governed by subsections 5 and 7, a A notice
under this section must:
A. Refer to the statutory authority under which the adoption of the rule is proposed;
A-1. Identify the agency proposing the rule;
A-2. Provide the chapter number and title of the proposed rule;
A-3. Cite the statutory authority pursuant to which the rule is being proposed;
B. State the date, time and place of any scheduled public hearing or state the manner
in which a hearing may be requested;
C. State the manner and time within which data, views or arguments may deadline by
which comments on the proposed rule must be submitted to the agency for
consideration, whether or not a hearing is held;
C-1. State the name, address and phone , telephone number and e-mail address of the
a staff person responsible for providing additional information or a printed version of
the proposed rule of the agency proposing the rule to whom inquiries about the rule,
and requests for copies of the rule, may be sent;
D. If possible, contain the express terms of the proposed rule or otherwise describe the
substance of the proposed rule, stating the subjects and issues involved and indicate
where a copy of the proposed rule may be obtained;
D-1. Provide a summary of the proposed rule;
E. Refer to the substantive state or federal law to that would be implemented by the
rules proposed rule;
Page 4 - 132LR1692(03)
F. Indicate where a copy of the statement of impact on small business information may
be obtained about any adverse economic impact on small businesses that was
documented by the agency proposing the rule pursuant to section 8052, subsection 5‑A
may be obtained; and
G. Indicate whether the rule is routine technical or major substantive as those terms
are defined described in section 8071.
Sec. 9. 5 MRSA §8053, sub-§3-A, as amended by PL 2003, c. 207, §2, is further
amended to read:
3-A. Copies of proposed rules available upon request Availability of proposed
rules. At least 20 17 days prior to a public hearing on any proposed rule and at least 20 17
days prior to the comment deadline of any proposed rule without for which a public hearing
will not be held, the agency shall make copies available on its publicly accessibly website
a copy of the proposed rule available in writing or, with agreement of the requestor,
electronically, as well as provide a paper copy of the proposed rule to persons any person
upon request.
Sec. 10. 5 MRSA §8053, sub-§4, as amended by PL 2003, c. 207, §3, is repealed.
Sec. 11. 5 MRSA §8053, sub-§5, as amended by PL 2009, c. 256, §2, is further
amended to read:
5. Publication Newspaper publication and online posting of agency rule-making
proposal notices. Using the format of notice pursuant to information listed in subsection
7 3, the Secretary of State shall:
A. Arrange Shall arrange for the weekly newspaper publication of a and post, or cause
to be posted, on the Secretary of State's publicly accessible website consolidated notice
notices of rule making of all state agencies, which shall also include a brief explanation
to assist the public in participating in the rule-making process agency rule-making
proposals. Notice Notices of each rule-making proceeding shall proposal must be
published and posted once 17 to 24 days prior to the public hearing on the proposed
rule or, if no public hearing is scheduled, at least 30 days prior to the last date on which
views and arguments comments on the rule may be submitted to the agency for
consideration if no public hearing is scheduled;
B. Designate Shall designate certain newspapers, which together have general
circulation throughout the State, as papers of record for the purpose of publishing
notice under paragraph A. Notice of proposed rules affecting only a particular locality
or region need only be published in the designated newspapers having general
circulation in the area affected;
C. Designate Shall designate one day as rules day for publication of notices on
rulemaking as set forth that agency rule-making proposal notices described in this
subsection are to be published and posted; and
D. Be Must be reimbursed for the cost of publication of rule-making notice by the
agencies proposing the rulemaking rules. The total costs of each consolidated
publication will notice must be prorated by the Secretary of State among all agencies
submitting notice for a particular week.
Sec. 12. 5 MRSA §8053, sub-§5-A is enacted to read:
Page 5 - 132LR1692(03)
5-A. Agency posting of proposed and adopted rules. An agency shall post its
proposed rules on its publicly accessible website. An agency also shall post on its publicly
accessible website the adopted rules or provide a link to the adopted rules posted on a
publicly accessible website maintained by the Secretary of State.
Sec. 13. 5 MRSA §8053, sub-§6, as amended by PL 2011, c. 326, §1, is further
amended to read:
6. Electronic publication Online posting of agency rule-making notices regarding
adoption. In addition to the printed publication online posting of agency rule-making
proposal notices required in subsection 5, the Secretary of State shall maintain a publicly
accessible website for posting the notices of all proposed and adopted rules. The contents
of the notice for electronic publication are pursuant to subsection 3. An agency, on its
publicly accessible website, shall either post its proposed and adopted rules or provide a
link to the proposed or adopted rules posted on the Secretary of State's website. Notice of
each rule-making proceeding must be published on the Secretary of State's website 17 to
24 days prior to the public hearing on the proposed rule or at least 30 days prior to the last
date on which views and arguments may be submitted to the agency for consideration if no
public hearing was scheduled post, or cause to be posted, on the Secretary of State's
publicly accessible website the weekly notices of agency rule-making adoptions,
provisional adoptions and final adoptions. The notices regarding adoption and final
adoption must state the effective date of the adopted or finally adopted rules, as well as
provide the information specified in section 8053, subsection 3, paragraphs A-1, A-2, A-3,
C-1, D-1 and G.
Sec. 14. 5 MRSA §8053, sub-§6-A is enacted to read:
6-A. Explanation of rule-making process. The Secretary of State shall post on the
Secretary of State's publicly accessible website a brief explanation of rulemaking to assist
the public in participating in the rule-making process. The explanation must include
information regarding the manner in which a hearing on a proposed rule may be requested
by a member of the public if the agency proposing the rule did not schedule a hearing.
Sec. 15. 5 MRSA §8053, sub-§7, ¶G, as amended by PL 2019, c. 146, §4, is further
amended to read:
G. Indicate the impact on municipalities or counties only if there is an expected
financial impact on municipalities identified under section 8063; and
Sec. 16. 5 MRSA §8053-A, sub-§1, ¶A, as amended by PL 2019, c. 146, §6, is
further amended to read:
A. If an agency determines that a rule that it intends to adopt will be substantially
substantively different from the proposed rule, it shall provide the Legislature with a
revised fact sheet with the information defined in section 8057‑A, subsection 1, as it
relates to the substantially substantively different rule. The revised fact sheet must be
provided to the Legislature in accordance with subsection 3.
Sec. 17. 5 MRSA §8053-A, sub-§4, as enacted by PL 1989, c. 574, §5, is amended
to read:
Page 6 - 132LR1692(03)
4. Adopted rules. When an agency adopts rules, it shall provide a copy of the adopted
rules, the statement required by section 8052, subsection 5, 5-B and the checklist required
by section 8056‑A to the Secretary of State who shall compile the adopted rules by agency.
Sec. 18. 5 MRSA §8053-A, sub-§5, as enacted by PL 2011, c. 479, §4, is amended
to read:
5. Annual lists report of rule-making activity. By February 1st of each year, the
Secretary of State shall provide the Executive Director of the Legislative Council lists by
agency of all rules adopted by each agency in the previous calendar year. The Executive
Director of the Legislative Council shall refer each list to the appropriate joint standing
committee or committees of the Legislature for review. Each list must include for each
rule the following information, which must be submitted by each agency to the Secretary
of State: a copy of the annual report required under section 8056-A, subsection 3.
A. The statutory authority for the rule and the rule chapter number and title;
B. The principal reason or purpose for the rule;
C. A written statement explaining the factual and policy basis for each rule adopted
pursuant to section 8052, subsection 5;
D. If the rule adopted was routine technical or major substantive;
E. If the rule was adopted as an emergency; and
F. The fiscal impact of the rule.
Sec. 19. 5 MRSA §8056, as amended by PL 2011, c. 380, Pt. NNN, §2, is further
amended to read:
§8056. Filing and publication of adopted and provisionally adopted rules; online
posting of adopted rules
1. Requirements. With respect to every rule adopted, the or, in the case of a major
substantive rule, finally adopted, an agency shall:
A. Submit the rule to the Attorney General for approval as to form and legality;
B. File the original rule as signed by the Attorney General or an assistant attorney
general and the authorized representative of the agency, and the statement required by
section 8052, subsection 5, After the rule is approved by the Attorney General as to
form and legality pursuant to paragraph A, file with the Secretary of State in, using a
form or forms or an electronic filing platform prescribed by the Secretary of State,
which form is susceptible to frequent and easy revision. the adopted rule and any other
filing documentation as is required by the Secretary of State. The adopted rule and all
other filing documentation must be in a format approved by the Secretary of State; and
(1) Through rulemaking, an agency may incorporate by reference 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.
(2) The reference in the agency rules must fully identify the incorporated matter
by exact title, edition or version and date of publication.
Page 7 - 132LR1692(03)
(3) The rules must state where copies of the incorporated matter are available at
cost from the agency issuing the rule or where copies are available from the agency
of the United States, this State or an organization or association originally issuing
that matter.
(4) An agency incorporating a matter by reference shall submit a copy of the
incorporated matter to the Secretary of State;
C. Supply, Provide, without cost or at actual cost, copies a paper copy of each such
rule to any person who has filed with the agency within the past year a written request
to be supplied with all copies of the agency's rules; and requests a paper copy.
D. Publish, pursuant to the procedures set forth in section 8053, subsection 6, a notice
containing the following information: A statement that the rule has been adopted, its
effective date, a brief description of the substance of the rule, and the address where a
copy may be obtained.
2. Form. With respect to every rule adopted by the agency and in effect, the agency
shall print and compile and make available to any person, at each of its offices, for
inspection at no charge and for copying with or without cost, as the agency shall determine,
and for distribution free or at actual cost, complete sets of such rules currently in effect.
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.
A. The reference in the agency rule must fully identify the incorporated matter by
exact title, edition or version and date of publication.
B. The rule must state where copies of the incorporated matter are available at cost
from the agency issuing the rule or where copies are available from the agency of the
United States or this State or the organization or association that originally produced
the incorporated matter.
C. An agency incorporating a matter by reference into a rule shall maintain a copy of
the incorporated matter at its principal office.
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.
A. Maintain and make available at the Secretary of State's office, for inspection at no
charge and for copying or purchase, current copies of complete rules for all agencies
filed in accordance with subsection 1, paragraph B;
A-1. Compile, edit, index and arrange for publication and distribution all current rules
of state agencies as available resources permit. Compilations must be supplemented
or revised at least annually;
A-2. Publish an annual list of current rules of state agencies;
B. Supply, at actual cost, annually updated copies of complete sets of rules of an
agency to any person who has filed with the Secretary of State within the past year a
written request for such sets of rules; and
Page 8 - 132LR1692(03)
C. Codify all current state agency rules in an electronic text file data base, in
consultation with affected state agencies and in accordance with subsections 7 and 8,
as available resources permit.
4. Additional requirements. The requirements of subsection 2 shall additionally be
applicable to the agency's forms, instructions, explanatory statements and other items
defined in section 8002, subsection 9, paragraph B, subparagraph (4).
5. Record of vote. In addition to the foregoing and as applicable, each agency shall
keep 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. The Secretary of State, in consultation with affected state
agencies, shall develop a plan to codify all current rules of state agencies within its available
resources. The codified rules must be maintained on an electronic text file data base. To
develop the electronic text file data base, agencies may refile an existing rule or parts of an
existing rule. If an agency refiles a rule or portion of a rule:
A. The agency may not make at the time of refiling any substantive changes in that
rule or portion of that rule; and
B. The refiled rule or portion of the rule must be adopted in accordance with the Maine
Administrative Procedure Act except that public comment on the refiling under section
8057‑A, subsection 3 is limited to documenting where the refiled rule or portion of the
rule is substantively different from the existing rule.
8. Electronic text file procedures. Under subsection 1, the Secretary of State may
establish by rule in accordance with the Maine Administrative Procedure Act procedures
and criteria for the filing of rules in electronic text file format.
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 published adopted rules. The Secretary of State may certify that
a publication of the codified rules and any supplements or replacement volumes to that
publication are a correct transcript of the text of the original rules 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.
A. Certified publications paper copies of rules must contain be accompanied by a
printed certificate of the Secretary of State stating that the publication is the an official
Page 9 - 132LR1692(03)
copy. A facsimile of the signature of the Secretary of State imprinted by or at the
direction of the Secretary of State has the same validity as a written signature of the
Secretary of State.
B. A publication of the rules paper copy of an adopted rule that has been certified by
the Secretary of State constitutes prima facie evidence of the rules rule.
C. Any publication or copy of a an adopted rule or rules that is not certified by the
Secretary of State:
(1) May neither state nor imply that the publication or copy of the rule is an official
copy of the rules; and
(2) Must state in a conspicuous location information about where the Secretary of
State's a certified copy is located of the rule may be obtained.
10. Minor errors. The Secretary of State may correct minor, nonsubstantive errors
in spelling and format in proposed or adopted rules if the agency is notified.
10-A. Minor errors; updating words or terms. Without having to initiate
rulemaking pursuant to this Act:
A. At the request of or in consultation with an agency, the Secretary of State may
correct minor, nonsubstantive errors in spelling and format in a proposed or adopted
rule; and
B. At the request of an agency, the Secretary of State may update words or terms used
in an existing rule for which new or more contemporary words or terms are used,
including, for example, words or terms that are more respectful than those used in an
existing rule.
Sec. 20. 5 MRSA §8056-A, sub-§3, as amended by PL 1991, c. 554, §3, is further
amended to read:
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 a list of all the rules that were adopted, provisionally adopted or finally
adopted by agencies during that prior year, as well as state whether each rule is a routine
technical or major substantive rule, whether a rule was adopted on an emergency basis and
what the statutory authority is for the rule. The report must also 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.
Sec. 21. 5 MRSA §8063, first ¶, as enacted by PL 1991, c. 233, is amended to
read:
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
Page 10 - 132LR1692(03)
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 as part of
the filing.
Sec. 22. 5 MRSA §8072, sub-§8, as amended by PL 2011, c. 244, §8, is further
amended to read:
8. Final adoption; effective date. Unless otherwise provided by law, final adoption
of a rule or part of a rule by an agency must occur within 60 days of the effective date of
the legislation approving that rule or part of that rule or of the adjournment of the session
in which the Legislature failed to act on the rule or part of the rule as specified in subsection
11. Finally adopted rules must be filed with the Secretary of State as provided in section
8056, subsection 1, paragraph B and notice must be published posted as provided in section
8056, subsection 1, paragraph D 3. Except as otherwise specified by law, the rules become
effective 30 days after filing with the Secretary of State or at a later date specified by the
agency.
Sec. 23. 12 MRSA §685-A, sub-§7-A, ¶B, as enacted by PL 1999, c. 333, §8, is
amended to read:
B. Adoption and amendment of land use district standards, district boundaries and land
use maps are rule-making procedures subject to the requirements of Title 5, chapter
375, subchapter II 2, except that the requirements of Title 5, section 8052, subsections
5, 5‑A, 5-B and 7; section 8053‑A; section 8056, subsections 1, 3 and 4 3; section
8056‑A; section 8057, subsection 2; section 8057‑A; section 8060; section 8062; and
section 8064 do not apply. The requirements of Title 5, chapter 375, subchapter II 2
are further modified by the following provisions.
(1) Public notice of proposals to adopt or amend land use district standards, district
boundaries or land use maps must state the time and the place where copies of the
proposal may be inspected prior to the hearing.
(2) The commission shall give notice of hearings to amend district boundaries, by
mail, to appropriate state and federal agencies and the owners of directly affected
and abutting properties, according to their names and addresses as shown on the
records of Maine Revenue Services or plantation or town tax assessors. If the
number of owners of directly affected and abutting properties is more than 50,
notice may instead be by publication conforming to the requirements for
newspaper publication of hearings under Title 5, chapter 375, subchapter IV 4.
(3) At any time prior to the date of adoption of proposed land use district standards,
land use boundaries or land use maps, the commission may elect to reopen the
public hearing record and extend the time period for public comment to such date
as it may designate.
(4) The commission must act to adopt or not to adopt proposed land use district
standards, land use boundaries or land use maps within 90 days after the date of
final closure of the public hearing.
(5) Land use district boundaries and land use maps become effective 15 days after
adoption or amendment by the commission, as long as the boundaries and maps
are available in the appropriate registry of deeds for each county. Notice of
adoption or amendment of land use district boundaries and land use maps must be
Page 11 - 132LR1692(03)
given by publication one time in a newspaper of general circulation published in
the area affected.
(6) Permanent land use standards adopted by the commission are effective
immediately, but must be submitted to the next regular or special session of the
Legislature for approval or modification. If the Legislature fails to act, those
standards continue in full force and effect.
Sec. 24. 25 MRSA §2103-A, sub-§2, ¶D, as enacted by PL 1989, c. 754, Pt. C,
§1, is amended to read:
D. The Secretary of State shall maintain and make available at the Secretary of State's
office, for inspection at no charge and for copying or purchase at actual cost, current
copies of those state rules as filed in accordance with paragraph A and include them
within the compilations subject to Title 5, section 8056, subsection 3, paragraphs A‑1
and B. The Secretary of State Department of Public Safety shall also make available
at the Secretary of State's department's main office, for inspection at no charge, and for
copying at actual cost, a current published copy of the referenced federal regulations
and amendments, but requests for purchase of copies or certified copies of the federal
regulations or amendments may be directed to the appropriate federal agency.
Sec. 25. 29-A MRSA §555, sub-§2, ¶E, as amended by PL 2013, c. 50, §1, is
further amended to read:
E. The Secretary of State shall maintain and make available at the Secretary of State's
office for inspection at no charge, and for copying or purchase at actual cost, current
copies of the rule and include it within the compilations subject to Title 5, section 8056,
subsection 3, paragraphs A‑1 and B. The Secretary of State bureau shall also make
available for inspection at no charge and for copying at actual cost a current published
copy of the referenced federal regulations and amendments.