An Act To Improve the Maine Administrative Procedure Act
Sec. 1. 5 MRSA §8052, sub-§7, as amended by PL 1995, c. 373, §3, is repealed and the following enacted in its place:
Sec. 2. 5 MRSA §8052, sub-§9 is enacted to read:
Sec. 3. 5 MRSA §8053, sub-§1, as amended by PL 2011, c. 479, §§1 to 3, is further amended to read:
Notification to subscribers under paragraph B must be by mail if requested by the subscriber or , with written or electronically submitted agreement of the subscriber, by 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. 4. 5 MRSA §8053, sub-§3-A, as amended by PL 2003, c. 207, §2, is further amended to read:
Sec. 5. 5 MRSA §8056, sub-§1, ¶A, as enacted by PL 1977, c. 551, §3, is amended to read:
Sec. 6. 5 MRSA §8056, sub-§1, ¶B, as amended by PL 1999, c. 261, §1, is further amended to read:
(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.
(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;
Sec. 7. 5 MRSA §8056, sub-§1, ¶B-1 is enacted to read:
Sec. 8. 5 MRSA §8056, sub-§6, as amended by PL 1995, c. 537, §6, is repealed.
Sec. 9. 5 MRSA §8057, sub-§2, as amended by PL 1979, c. 425, §10, is further amended to read:
Sec. 10. 5 MRSA §8072, first ¶, as enacted by PL 1995, c. 463, §2, is amended to read:
As provided in section 8071, major substantive rules are subject to an increased level of rule-making requirements. The rule-making requirements of subchapter II 2 for routine technical rules apply to the adoption of major substantive rules, except that the 120-day period for adoption and the 150-day period for approval as to form and legality under section 8052, subsection 7 , paragraphs A and B apply applies to provisional adoption of major substantive rules, not final adoption. In addition to the other rule-making requirements, every major substantive rule is also subject to legislative review as provided in this section.
Sec. 11. 5 MRSA §8072, sub-§2, as enacted by PL 1995, c. 463, §2, is amended to read:
Sec. 12. 12 MRSA §12452, as amended by PL 2009, c. 214, §1, is further amended to read:
§ 12452. Consolidation of rules
Fishing rules as set forth in the Open Water and Ice Fishing Regulations folder, as printed and distributed to the public, are declared to be official consolidations of fishing rules upon filing with the Secretary of State , except that the 150-day limit of Title 5, section 8052, subsection 7, paragraph B does not apply to this section.
SUMMARY
This bill amends the Maine Administrative Procedure Act as follows:
1. It repeals a requirement that rules be approved for form and legality by the Attorney General and adds a requirement that rules be submitted to the Attorney General for advice as to form and legality;
2. It changes a statutory provision, which previously provided that the Attorney General may not approve a rule if it is reasonably expected to result in a taking of private property except under certain conditions, to provide that an agency may not adopt a rule if it is reasonably expected to result in such a taking;
3. It changes notice requirements, which previously provided that notice and copies of proposed rules be provided by mail unless the requestor specified they be provided electronically, to provide that notice and copies of proposed rules be provided electronically unless the requestor specifies they be provided by mail;
4. It allows for electronic submission of certain rule-making information;
5. It enacts a provision that allows an agency to choose to incorporate by reference subsequent amendments to a code, standard, rule or regulation; and
6. This bill also corrects cross-references.