LD 1471
pg. 3
Page 2 of 9 PUBLIC Law Chapter 248 Page 4 of 9
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LR 1910
Item 1

 
required under the Maine Administrative Procedure Act and section
6191 in the following manner.

 
A. In an emergency adoption of a rule or amendment of rules
to a rule relating to the public health and safety,
including rules authorized under section 6172, prior public
notice and hearing shall is not be required.

 
B. In an emergency adoption of a rule or amendment of rules
to a rule relating to the general welfare, as authorized by
section 6171, the rule shall be is effective immediately, as
provided in subsection 4. A public hearing shall must be
held in the affected area immediately thereafter 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.

 
C. In an emergency adoption of a rule or amendment of rules
to a rule relating to gear conflicts, as authorized by
section 6171-A, the regulation shall be rule is effective
immediately, as provided in subsection 4. Prior public
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this paragraph may be repealed by the advisory council.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


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