| | 2. Proof of rules. A certified copy of a regulation shall be | rule is admissible in court to prove the regulation rule and | shall be is prima facie evidence that the regulation rule was | properly adopted. A regulation shall rule must be personally | certified by the commissioner, deputy commissioner or Chief of | the Bureau of Marine Patrol and shall must be accompanied by his | a signed statement that it was in force on the date of the | alleged violation. The certified copy shall be is admissible in | evidence on the testimony of a marine patrol officer that he the | patrol officer received the certified regulation rule after | requesting it by telephone or otherwise from the department. No | further foundation shall be is necessary for the admission of the | certified copy. |
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| | 3. Penalty. Whoever violates a regulation shall be punished | by the penalties under section 6204, unless a specific penalty is | otherwise authorized and provided rule commits a civil violation | for which a fine of not less than $100 for each violation may be | adjudged. |
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| | Sec. 4. 12 MRSA §6191, as enacted by PL 1977, c. 661, §5, is | amended to read: |
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| | 1. Procedures. In adopting or amending any regulation rule, | the commissioner shall use the procedures required for rulemaking | under the Maine Administrative Procedure Act, Title 5, chapter | 375, and the additional requirements of this subchapter. |
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| A. A public hearing may be held but is not required unless | it is requested by an interested person. |
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| B. The person conducting the hearing shall record and | retain all relevant evidence provided at the hearing. |
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| C. No regulation A rule, except a regulation rule | authorized under section 6172, shall may not be adopted or | amended without the advice and consent of the advisory | council, except as provided in section 6192, subsection 2. |
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| | Sec. 5. 12 MRSA §6192, as amended by PL 1993, c. 42, §1, is further | amended to read: |
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| §6192. Emergency rulemaking |
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| | 1. Procedures. In an emergency adoption of a rule or | amendment to a rule, the commissioner may modify the procedures |
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