This bill updates certain provisions of the Maine Administrative Procedure Act and related provisions. More specifically, the bill:
1. Clarifies provisions relating to rule-making public hearings conducted by boards;
2. Replaces in a provision the use of the term "substantially" with the more accurate term "substantively";
3. Repeals a provision that requires agencies to notify specific parties or persons about proposed rules, as notices of proposed rules are now widely accessible to the public because of their online publication by the Secretary of State;
4. Updates the provision that lists the information that must be included in rule-making proposal public notices to ensure consistency with current practices;
5. Updates the provision pertaining to agencies' obligation to make copies of proposed rules available to the public;
6. Repeals the provision regarding fees that agencies may charge to provide notices of rule-making proposals and copies of proposed rules, as such information is now readily available online at no cost;
7. Updates the provision that requires the Secretary of State to arrange for weekly newspaper publication of agency rule-making proposal notices and requires online posting of the notices;
8. Requires agencies to post their proposed rules on their publicly accessible websites, as well as to post their adopted rules on those websites or provide a link to their rules that are posted on a website maintained by the Secretary of State;
9. Updates and clarifies the provision that requires the Secretary of State to post agency rule-making adoption notices online;
10. Requires the Secretary of State to post online a brief explanation of the rule-making process, including an explanation of how a public hearing on a proposed rule may be requested if such a hearing has not been scheduled;
11. Revises the provision regarding agencies' filing of adopted rules: A. To account for technological updates, including the availability of rules and rulemaking-related information and notifications online; B. To account for the fact that the Secretary of State does not compile and publish a formal code or registry of state agency rules; C. To relocate and revise the provision regarding the incorporation of materials by reference by agencies into their rules; D. To update and clarify the provision regarding certification of adopted rules by the Secretary of State; and E. To strengthen the provision that authorizes minor errors in rules to be corrected by the Secretary of State without agency rulemaking having to occur;
12. Repeals the provision that requires agencies to include a fiscal impact note at the end of each rule, as such information is now collected in other documents that accompany proposed and adopted rule filings with the Secretary of State; and
13. Makes various technical corrections.
Statutes affected: Bill Text LD 1778, HP 1189: 5.8052, 5.8053, 5.8056, 5.8063, 5.8072, 12.685, 25.2103, 29-A.555