An Act to Update Provisions of the Maine Administrative Procedure Act
Sponsored By: Amy Kuhn (Democratic)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
7 provisions identified: 5 benefits, 0 costs, 2 mixed.
Agencies must explain and document rules
When adopting a rule, an agency must write a basis statement that explains the facts and policy choices and respond to public comments. The agency must keep a file with hearing testimony, written comments, and the names and groups of commenters. If the final rule is materially different from what was proposed, the agency must ask for new comments and wait 30 days. Agencies must record how each member voted and let the public inspect that record. If an adopted rule differs in a big way, the agency must send the Legislature a revised fact sheet. Each year before February 1, the Secretary of State reports statewide rulemaking activity.
Clearer notices and time to comment
The Secretary of State posts a weekly list of rule proposals and adoptions online and in papers. Notices must name the agency, hearing date and place, comment deadline, a contact, and a plain summary. For hearings, each notice runs 17–24 days before the hearing. If no hearing, notices post at least 30 days before comments close, and agencies must also send notice at least 17 days before the deadline. The Secretary posts a short guide on how rulemaking works and how to ask for a hearing. Notices list town or county costs only when the agency finds a municipal impact. An older notice subsection is repealed to fit this new system.
Online access and official rule filing
Agencies must post proposed rules online at least 17 days before a hearing or comment deadline and give paper copies on request. After adoption, agencies must post the rule or link to the Secretary of State’s site. Agencies must file adopted rules, basis statements, and checklists with the Secretary, using formats or an e‑filing system the Secretary sets. If an e‑filing platform is used, filings there are the official copies. The Secretary keeps current rules online and may make minor, non‑substantive wording or formatting fixes. You can also request a paper copy of any adopted rule at no more than actual copying cost.
Show town and county rule costs
Every proposed rule must include a fiscal impact note for towns and counties. The note must estimate local costs to carry out the rule or state there is no local cost. This helps local leaders plan budgets and signals possible effects on property taxes and fees.
When rules take effect and run hearings
At hearings by a board or commission, at least one‑third of members must attend. If a single member can adopt the rule, that member, a top policy official, or a subject‑matter designee must run the hearing. After final adoption and filing with the Secretary of State, a rule takes effect 30 days later unless a later date applies. Final adoption must occur within 60 days of the Legislature’s action or adjournment, unless another law says otherwise.
Access to incorporated and federal standards
Agencies can adopt outside codes and standards by reference, but must name the exact title and edition, say where to get copies, and keep a copy at the main office. The Department of Public Safety and a designated bureau must keep current published federal regulations on file for free public inspection and charge only actual cost for copies. To buy or certify federal copies, you must contact the federal agency.
Property rights checks and land‑use timelines
For land‑use rules, the commission must mail notice to owners of directly affected and abutting parcels using tax records, or publish in a newspaper if more than 50 owners are involved. The commission may reopen the record and must act within 90 days after the hearing record closes. Changes to district boundaries or maps take effect 15 days after adoption if copies are placed in county registries of deeds. Permanent land‑use standards take effect at once but still go to the Legislature for review. Separately, the Attorney General may not approve a rule that is likely to take private property unless a law authorizes it or the rule has a way to avoid the taking.
Sponsors & Cosponsors
Sponsor
Amy Kuhn
Democratic • House
Cosponsors
Adam LEE
Affiliation unavailable
David Sinclair
Democratic • House
Donna Bailey
Democratic • Senate
Roll Call Votes
No roll call votes available for this bill.
Actions Timeline
Signed by Governor, ACTPUB Chapter 384
6/20/2025PASSED TO BE ENACTED, in concurrence.
6/17/2025SenatePASSED TO BE ENACTED. Sent for concurrence. ORDERED SENT FORTHWITH.
6/17/2025HouseReport READ and ACCEPTED, in concurrence.READ ONCE.Committee Amendment "A" (H-749) READ and ADOPTED, in concurrence.Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment "A" (H-749), in concurrence.Ordered sent down forthwith.
6/17/2025SenateCONSENT CALENDAR - FIRST DAYUnder suspension of the rules CONSENT CALENDAR - SECOND DAY.The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment "A" (H-749).Sent for concurrence. ORDERED SENT FORTHWITH.
6/17/2025HouseThe Bill was REFERRED to the Committee on JUDICIARY.In concurrence. ORDERED SENT FORTHWITH.
4/24/2025SenateCommittee on STATE AND LOCAL GOVERNMENT suggested and ordered printed. On motion of Representative SALISBURY of Westbrook, the Bill was REFERRED to the Committee on JUDICIARY.Sent for concurrence. ORDERED SENT FORTHWITH.
4/24/2025House
Bill Text
Amendment C-A (H-749), adopted by House & Senate
Enacted
Introduced
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