LD 1471
pg. 3
Page 2 of 9 An Act To Correct Certain Errors and Inconsistencies in Laws Relating to Marine... Page 4 of 9
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LR 1910
Item 1

 
notice and hearing shall is not be required.
Notwithstanding any other provisions of law, a public
hearing shall must be held in the affected area immediately
if requested of the commissioner in writing by 5 persons.
The hearing shall must be held within 30 days of the
commissioner receiving the written request. Notice of that
hearing shall must be published once, not less than 5 days
prior to the hearing, in a newspaper of general circulation
in the affected area. The commissioner shall decide within
5 business days after the hearing whether to continue or
repeal the emergency closure. His The commissioner's
findings of fact must include the justification for the
repeal or continuance of the closure, an analysis of the
objections expressed at the public hearing and the date for
the end of the closure. Emergency regulations rules under
this paragraph may be repealed by the advisory council.

 
2. Advisory council. The advice and consent of the advisory
council shall is not be required prior to an emergency
adoption of a rule or amendment to a rule.

 
3. Effective period. Any emergency regulation shall be
rule is effective only for 90 days, or any lesser period of
time specified in the emergency regulation rule. After the
expiration of the emergency period, the regulation shall not
thereafter rule may only be adopted except in the manner as
provided by section 6191. This subsection shall does not
apply to emergency regulations rules authorized under section
6172, which shall be are effective until repealed.

 
4. Effective date. Except as provided in this subsection,
emergency regulations rules become effective immediately upon
publication in a newspaper of general circulation in the area
of the State affected, provided it is those rules are
submitted to the Attorney General and filed with the Secretary
of State as required under the Maine Administrative Procedure
Act, Title 5, chapter 375, within the next business day
following publication.

 
Notwithstanding any provisions of the Maine Administrative
Procedure Act, an emergency regulation rule authorized by
section 6172, subsection 2 or 3 is effective immediately upon
signature by the commissioner or the commissioner's authorized
designee. Upon signing an emergency regulation rule that
closes or opens an area or waters to the taking of marine
organisms, the commissioner or the commissioner's authorized
designee shall give oral notice of that action to local
governmental authorities and shall publish notice of a closure
as soon as possible in a newspaper of general circulation in
the area of the State affected. Marine patrol officers shall
take action to prevent taking of shellfish from a closed area,
including the embargo of


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