APPROVED CHAPTER
JUNE 20, 2025 384
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
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H.P. 1189 - L.D. 1778
An Act to Update Provisions of the Maine Administrative Procedure Act
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §8052, sub-§2, as amended by PL 1993, c. 362, §2, is further
amended to read:
2. Requirements. Any A public hearing shall must comply with any requirements
imposed by statute, but shall is not be subject to subchapter IV 4. Any public hearing shall
must be held and conducted as follows.
A. In the case of a rule authorized to be adopted by more than one agency member a
board or commission consisting of 3 or more members, at least 1/3 of the agency board
or commission members shall must be present during any hearing on the rule.
B. In the case of a rule authorized to be adopted by a single agency member, either the
agency member, a person in a major policy-influencing position, as listed in chapter
71, or a designee who has responsibility over the subject matter to be discussed at the
hearing shall hold and conduct the hearing.
Sec. 2. 5 MRSA §8052, sub-§5, as amended by PL 2011, c. 380, Pt. NNN, §1, is
repealed.
Sec. 3. 5 MRSA §8052, sub-§5-B is enacted to read:
5-B. Basis statement; summary of comments and testimony. At the time of
adoption of any rule, an agency shall:
A. Compose a basis statement that briefly explains the factual and policy foundation
for the rule. If the adoption under this subsection is final adoption of a major
substantive rule under subchapter 2‑A, the agency must include in its written statement
citation of the legislative act authorizing final adoption of that rule; or, if authorization
is the result of failure of the Legislature to act under section 8072, subsection 7, the
agency must indicate that fact and identify the date the agency filed the rule for review
under section 8072; and
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 B. List the names of persons whose comments were received, including through
testimony at hearings, the organizations the persons represent and summaries of their
comments as follows.
(1) The agency shall address the specific comments and concerns expressed about
any proposed rule and state its rationale for adopting any changes from the
proposed rule, failing to adopt the suggested changes or drawing findings and
recommendations that differ from those expressed about the proposed rule.
(2) If the same or similar comments or concerns about a specific issue were
expressed by different persons or organizations, the agency may synthesize these
comments and concerns into a single comment that accurately reflects the meaning
and intent of these comments and concerns to be addressed by the agency, listing
the names of the persons who commented and the organizations they represent.
Sec. 4. 5 MRSA §8052, sub-§5-C is enacted to read:
5-C. Consistency of adopted rule with proposed rule. A rule may not be adopted
unless the adopted rule is consistent with the terms of the proposed rule, except to the extent
that the agency determines that it is necessary to address concerns raised in comments about
the proposed rule or specific findings are made supporting changes to the proposed rule. If
an agency determines that a rule that the agency intends to adopt is substantively different
from the proposed rule, the agency shall request comments from the public concerning the
changes from the proposed rule. The agency may not adopt the rule for a period of 30 days
from the date comments are requested pursuant to this subsection. Notice of the request
for comments must be published by the Secretary of State in the same manner as notice for
proposed rules.
Sec. 5. 5 MRSA §8052, sub-§5-D is enacted to read:
5-D. Agency rule files. In addition to other documents required by this Act, an agency
shall maintain a file for each rule adopted by the agency that includes the following
information:
A. Testimony submitted during any public hearing held on the rule;
B. Written comments submitted on the rule;
C. The names of persons who commented on the rule and the organizations those
persons represent; and
D. Any other information relevant to the rule and considered by the agency in
connection with the formulation, proposal or adoption of the rule.
Sec. 6. 5 MRSA §8053, sub-§1, as amended by PL 2011, c. 479, §1-3, is further
amended to read:
1. Notice of rulemaking without hearing. At least 20 17 days prior to the comment
deadline of any proposed rule without for which a public hearing will not be held, the
agency shall deliver or mail written notice or, with written or electronic agreement of the
party, provide send an electronic notice or paper notice to:
A. Any person specified by the statute authorizing the rulemaking;
B. Any person who has filed within the past year a written or electronic request with
the agency for notice of rulemaking;
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 C. Any trade, industry, professional, interest group or regional publication that the
agency considers effective in reaching the persons affected; and
E. The primary sponsor of the legislation that was enacted and authorized the
rulemaking, as long as the legislation was enacted within the previous 2 years.
Notification to subscribers under paragraph B must be by mail or, with written or
electronically submitted agreement of the subscriber, 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. 7. 5 MRSA §8053, sub-§2, as repealed and replaced by PL 1979, c. 425, §5,
is amended to read:
2. Notice of rulemaking rule-making hearing. When an agency holds a public
hearing prior to adoption of a rule, notice of the hearing shall must be given in the manner
described in subsections 1 and 5, using the date of the hearing to calculate the time periods
involved;.
Sec. 8. 5 MRSA §8053, sub-§3, as amended by PL 2019, c. 146, §§1 to 3, is further
amended to read:
3. Contents of notice. Except for notices governed by subsections 5 and 7, a A notice
under this section must:
A. Refer to the statutory authority under which the adoption of the rule is proposed;
A-1. Identify the agency proposing the rule;
A-2. Provide the chapter number and title of the proposed rule;
A-3. Cite the statutory authority pursuant to which the rule is being proposed;
B. State the date, time and place of any scheduled public hearing or state the manner
in which a hearing may be requested;
C. State the manner and time within which data, views or arguments may deadline by
which comments on the proposed rule must be submitted to the agency for
consideration, whether or not a hearing is held;
C-1. State the name, address and phone, telephone number and e-mail address of the
a staff person responsible for providing additional information or a printed version of
the proposed rule of the agency proposing the rule to whom inquiries about the rule,
and requests for copies of the rule, may be sent;
D. If possible, contain the express terms of the proposed rule or otherwise describe the
substance of the proposed rule, stating the subjects and issues involved and indicate
where a copy of the proposed rule may be obtained;
D-1. Provide a summary of the proposed rule;
E. Refer to the substantive state or federal law to that would be implemented by the
rules proposed rule;
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 F. Indicate where a copy of the statement of impact on small business information may
be obtained about any adverse economic impact on small businesses that was
documented by the agency proposing the rule pursuant to section 8052, subsection 5‑A
may be obtained; and
G. Indicate whether the rule is routine technical or major substantive as those terms
are defined described in section 8071.
Sec. 9. 5 MRSA §8053, sub-§3-A, as amended by PL 2003, c. 207, §2, is further
amended to read:
3-A. Copies of proposed rules available upon request Availability of proposed
rules. At least 20 17 days prior to a public hearing on any proposed rule and at least 20 17
days prior to the comment deadline of any proposed rule without for which a public hearing
will not be held, the agency shall make copies available on its publicly accessibly website
a copy of the proposed rule available in writing or, with agreement of the requestor,
electronically, as well as provide a paper copy of the proposed rule to persons any person
upon request.
Sec. 10. 5 MRSA §8053, sub-§4, as amended by PL 2003, c. 207, §3, is repealed.
Sec. 11. 5 MRSA §8053, sub-§5, as amended by PL 2009, c. 256, §2, is further
amended to read:
5. Publication Newspaper publication and online posting of agency rule-making
proposal notices. Using the format of notice pursuant to information listed in subsection
7 3, the Secretary of State shall:
A. Arrange Shall arrange for the weekly newspaper publication of a and post, or cause
to be posted, on the Secretary of State's publicly accessible website consolidated notice
notices of rule making of all state agencies, which shall also include a brief explanation
to assist the public in participating in the rule-making process agency rule-making
proposals. Notice Notices of each rule-making proceeding shall proposal must be
published and posted once 17 to 24 days prior to the public hearing on the proposed
rule or, if no public hearing is scheduled, at least 30 days prior to the last date on which
views and arguments comments on the rule may be submitted to the agency for
consideration if no public hearing is scheduled;
B. Designate Shall designate certain newspapers, which together have general
circulation throughout the State, as papers of record for the purpose of publishing
notice under paragraph A. Notice of proposed rules affecting only a particular locality
or region need only be published in the designated newspapers having general
circulation in the area affected;
C. Designate Shall designate one day as rules day for publication of notices on
rulemaking as set forth that agency rule-making proposal notices described in this
subsection are to be published and posted; and
D. Be Must be reimbursed for the cost of publication of rule-making notice by the
agencies proposing the rulemaking rules. The total costs of each consolidated
publication will notice must be prorated by the Secretary of State among all agencies
submitting notice for a particular week.
Sec. 12. 5 MRSA §8053, sub-§5-A is enacted to read:
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 5-A. Agency posting of proposed and adopted rules. An agency shall post its
proposed rules on its publicly accessible website. An agency also shall post on its publicly
accessible website the adopted rules or provide a link to the adopted rules posted on a
publicly accessible website maintained by the Secretary of State.
Sec. 13. 5 MRSA §8053, sub-§6, as amended by PL 2011, c. 326, §1, is further
amended to read:
6. Electronic publication Online posting of agency rule-making notices regarding
adoption. In addition to the printed publication online posting of agency rule-making
proposal notices required in subsection 5, the Secretary of State shall maintain a publicly
accessible website for posting the notices of all proposed and adopted rules. The contents
of the notice for electronic publication are pursuant to subsection 3. An agency, on its
publicly accessible website, shall either post its proposed and adopted rules or provide a
link to the proposed or adopted rules posted on the Secretary of State's website. Notice of
each rule-making proceeding must be published on the Secretary of State's website 17 to
24 days prior to the public hearing on the proposed rule or at least 30 days prior to the last
date on which views and arguments may be submitted to the agency for consideration if no
public hearing was scheduled post, or cause to be posted, on the Secretary of State's
publicly accessible website the weekly notices of agency rule-making adoptions,
provisional adoptions and final adoptions. The notices regarding adoption and final
adoption must state the effective date of the adopted or finally adopted rules, as well as
provide the information specified in section 8053, subsection 3, paragraphs A-1, A-2, A-3,
C-1, D-1 and G.
Sec. 14. 5 MRSA §8053, sub-§6-A is enacted to read:
6-A. Explanation of rule-making process. The Secretary of State shall post on the
Secretary of State's publicly accessible website a brief explanation of rulemaking to assist
the public in participating in the rule-making process. The explanation must include
information regarding the manner in which a hearing on a proposed rule may be requested
by a member of the public if the agency proposing the rule did not schedule a hearing.
Sec. 15. 5 MRSA §8053, sub-§7, ¶G, as amended by PL 2019, c. 146, §4, is further
amended to read:
G. Indicate the impact on municipalities or counties only if there is an expected
financial impact on municipalities identified under section 8063; and
Sec. 16. 5 MRSA §8053-A, sub-§1, ¶A, as amended by PL 2019, c. 146, §6, is
further amended to read:
A. If an agency determines that a rule that it intends to adopt will be substantially
substantively different from the proposed rule, it shall provide the Legislature with a
revised fact sheet with the information defined in section 8057‑A, subsection 1, as it
relates to the substantially substantively different rule. The revised fact sheet must be
provided to the Legislature in accordance with subsection 3.
Sec. 17. 5 MRSA §8053-A, sub-§4, as enacted by PL 1989, c. 574, §5, is amended
to read:
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 4. Adopted rules. When an agency adopts rules, it shall provide a copy of the adopted
rules, the statement required by section 8052, subsection 5, 5-B and the checklist required
by section 8056‑A to the Secretary of State who shall compile the adopted rules by agency.
Sec. 18. 5 MRSA §8053-A, sub-§5, as enacted by PL 2011, c. 479, §4, is amended
to read:
5. Annual lists report of rule-making activity. By February 1st of each year, the
Secretary of State shall provide the Executive Director of the Legislative Council lists by
agency of all rules adopted by each agency in the previous calendar year. The Executive
Director of the Legislative Council shall refer each list to the appropriate joint standing
committee or committees of the Legislature for review. Each list must include for each
rule the following information, which must be submitted by each agency to the Secretary
of State: a copy of the annual report required under section 8056-A, subsection 3.
A. The statutory authority for the rule and the rule chapter number and title;
B. The principal reason or purpose for the rule;
C. A written statement explaining the factual and policy basis for each rule adopted
pursuant to section 8052, subsection 5;
D. If the rule adopted was routine technical or major substantive;
E. If the rule was adopted as an emergency; and
F. The fiscal impact of the rule.
Sec. 19. 5 MRSA §8056, as amended by PL 2011, c. 380, Pt. NNN, §2, is further
amended to read:
§8056. Filing and publication of adopted and provisionally adopted rules; online
posting of adopted rules
1. Requirements. With respect to every rule adopted, the or, in the case of a major
substantive rule, finally adopted, an agency shall:
A. Submit the rule to the Attorney General for approval as to form and legality;
B. File the original rule as signed by the Attorney General or an assistant attorney
general and the authorized representative of the agency, and the statement required by
section 8052, subsection 5, After the rule is approved by the Attorney General as to
form and legality pursuant to paragraph A, file with the Secretary of State in, using a
form or forms or an electronic filing platform prescribed by the Secretary of State,
which form is susceptible to frequent and easy revision. the adopted rule and any other
filing documentation as is required by the Secretary of State. The adopted rule and all
other filing documentation must be in a format approved by the Secretary of State; and
(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.
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 (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 organ