APPROVED CHAPTER
JUNE 17, 2021 257
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
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IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
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H.P. 488 - L.D. 661
An Act To Ensure Equity in Petitions for Rulemaking under the Maine
Administrative Procedure Act
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §8055, sub-§4 is enacted to read:
4. Petition submitted by persons incarcerated in Department of Corrections
facility. Notwithstanding subsections 2 and 3, the Department of Corrections shall initiate
appropriate rule-making proceedings within 60 days after receipt of a petition to adopt or
modify a rule submitted by 150 or more persons incarcerated in a department correctional
facility under Title 34-A or by 25% or more of the total number of males or females
incarcerated in a department correctional facility under Title 34-A, whichever is fewer.
The department is not required to initiate appropriate rule-making proceedings pursuant to
this subsection if a petition to adopt or modify the same rule was received within the
previous 12 months. The department may take reasonable steps to ensure that each
signature on a petition submitted pursuant to this subsection is the signature of the person
it purports to be and that the person was incarcerated in a department correctional facility
under Title 34-A at the time of signing.
Sec. 2. 5 MRSA §8055, sub-§5 is enacted to read:
5. Petition submitted by persons incarcerated in county or municipal detention
facility. Notwithstanding subsections 2 and 3, the Department of Corrections shall initiate
appropriate rule-making proceedings with respect to standards adopted pursuant to Title
34-A, section 1208 or 1208-B within 60 days after receipt of a petition to adopt or modify
a rule submitted by 150 or more persons incarcerated in a county or municipal detention
facility or by 25% or more of the total number of males or females incarcerated in a county
or municipal detention facility, whichever is fewer. The department is not required to
initiate appropriate rule-making proceedings pursuant to this subsection if a petition to
adopt or modify the same rule was received within the previous 12 months. The department
may take reasonable steps to ensure that each signature on a petition submitted pursuant to
this subsection is the signature of the person it purports to be and that the person was
incarcerated in the facility at the time of signing.
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