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LAWS OF MAINE
Second Regular Session of the 118th

Resolves

CHAPTER 106

H.P. 1601 - L.D. 2227

Resolve, Regarding Legislative Review of Chapter 181: Child Development Services System: Regional Provider Advisory Boards, a Major Substantive Rule of the Department of Education

     Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II-A, requires legislative authorization before major substantive agency rules may be finally adopted by the agency; and

     Whereas, the above named major substantive rule has been submitted to the Legislature for review; and

     Whereas, immediate enactment of this resolve is necessary to record the Legislature's position on final adoption of the rule; and

     Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it

     Sec. 1. Adoption. Resolved: That final adoption of Chapter 181: Child Development Services System: Regional Provider Advisory Boards, a provisionally adopted major substantive rule of the Department of Education, and submitted to the Legislature for review pursuant to the Maine Administrative Procedure Act, is authorized, with the following change. For a trial period until July 1, 1999, the rule may not require or permit any regional site-employed provider to serve as a member of a regional provider advisory board, except that a site-employed provider serving on a regional provider advisory board on the effective date of this resolve may continue to serve in that capacity until July 1, 1999; and be it further

     Sec. 2. Department report. Resolved: That the Department of Education shall report to the joint standing committee of the Legislature having jurisdiction over educational matters on its experience implementing the rule authorized in this resolve and the impact of the rule not later than February 1, 1999.

     Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.

Effective April 1, 1998.

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