Title 5, Title 5

It is the policy of the State to permit all employees of the State to participate to the fullest extent possible in the benefits of the civil service system for classified and unclassified employees. This policy shall be extended to full-time, part-time, intermittent and all othe…

In making referrals to a position on an open competitive basis in the classified service, preference must be given to ASPIRE‑TANF participants as set forth in this section. [PL 2023, c. 646, Pt. A, §6 (AMD).] 1. Eligibility. Candidates must be active participants of the ASPIRE‑TA…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Gold star spouse" means a surviving spouse of a veteran who is eligible to receive a gold star lapel pin under 10 United States Code, Section 1126…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Person with a disability" means a person who has a physical or mental impairment that substantially limits one or more of the person's major life …

1. Use of official authority. An officer or employee in the classified service or an employee from the executive branch in the unclassified service of this State may not use that officer's or employee's official authority, influence or supervisory position for the purpose of: A. …

The officer, in accordance with policies and procedures established by the officer and in accordance with this section, shall record the duties and responsibilities of all positions in state service and establish classes for these positions. The titles of the positions and classe…

The officer, in accordance with policies and procedures established by the officer, shall prepare for each class of positions in the classified service registers of persons eligible for appointment to positions in each class. Each eligible register consists of a list of all the p…

Any examinations for positions in the classified service shall relate to those matters which will fairly test the capacity and fitness of the persons examined to discharge the duties of the office or employment for which they apply. For the purpose of sections 7062 and 7063, "com…

Positions in the classified service must be filled by original appointment, promotion, transfer, reinstatement or demotion in accordance with policies and procedures developed by the officer. These policies and procedures must provide for the direct hire of positions in the class…

The officer shall, as soon as practicable after the adoption of the classification plan, submit to the Legislature a proposed plan of compensation developed by the officer showing for each class or position in the classified service minimum and maximum salary rates and such inter…

1. Orientation session. The officer shall provide that during the first 6 months of state employment each employee must attend an employee orientation workshop that is work time for the employee. Such training must describe the nature and costs of benefits available to state empl…

The officer shall develop a brochure or publication by which the information in section 7068 is clearly and simply presented. The brochure or publication must be made available to new employees upon arrival at their jobs and to other state employees upon request.

Every appointment, transfer, promotion, demotion, dismissal, vacancy, change of salary rate, leave of absence, absence from duty and other temporary or permanent change in status of employees in both the classified service and the unclassified service of the Executive and Legisla…

The name of a law enforcement officer is not confidential under section 7070, subsection 2, paragraph E in cases involving: [PL 1991, c. 729, §2 (NEW).] 1. Deadly force. The use of deadly force by a law enforcement officer; or 2. Physical force. The use of physical force by a law…

The officer shall, upon written request from an employee, provide the employee, former employee or the employee's duly authorized representative with an opportunity to review the employee's personnel file. These reviews must take place in the Bureau of Human Resources and during …

The officer shall devise plans for and cooperate with appointing authorities and other supervising officials in the development and conduct of employee training and registered apprenticeship programs to recruit and develop well qualified employees, to aid in meeting affirmative a…

The State Civil Service Appeals Board, established by section 12004‑B, subsection 4, shall be composed of 5 members with experience in personnel management or labor relations. No more than 3 members of the board may be of the same political party. No member may be a state employe…

The State Civil Service Appeals Board shall be an impartial board and: [PL 1985, c. 785, Pt. B, §38 (NEW).] 1. Administer subchapter. Shall administer this subchapter. In exercising its authority, the board may adopt policies and procedures to administer this subchapter. The appe…

A grievance or dispute between a state employee and the agency of the State by whom the state employee is employed must be entertained by the board upon the application of the employee, as long as there has been compliance with the following requirements: [RR 2023, c. 2, Pt. B, §…

1. Application for extension. The chair of the appeals board may extend any time limit specified in section 7083, subsections 1 to 4, upon written application of either party, as long as the application is submitted within the time provided for in the applicable step. Failure of …

This subchapter applies to those employees who are excluded from bargaining pursuant to Title 26, sections 979 and 1021 to 1034.

When licensing is required as a matter of constitutional right or by statute to be preceded by notice and opportunity for hearing, the provisions of subchapter IV concerning adjudicatory proceedings shall apply.

Except as otherwise provided in this subchapter, when a licensee has made timely and sufficient application for renewal of a license, the existing license shall not expire until the application has been finally determined by the agency.

1. Opportunity for hearing. Subject to the provisions of section 10004, an agency may not amend or modify any license unless it has afforded the licensee an opportunity for hearing in conformity with subchapter IV, nor may it refuse to renew any license unless it has afforded the…

Notwithstanding the provisions of sections 10003 and 10051, an agency may revoke, suspend or refuse to renew any license without proceedings in conformity with subchapters IV or VI, when: [PL 1977, c. 694, §38 (RPR).] 1. Judicial action. The decision to take that action rests sol…

Any licensing decision not involving an adjudicatory proceeding, as defined in section 8002, subsection 1, shall be made in writing and shall be made only on the basis of evidence relevant to the case. When the requested license is denied, or only conditionally approved, the deci…

1. Jurisdiction. Except as provided in section 10004; Title 8, section 279‑B; Title 10, section 8003; Title 20‑A, sections 10712 and 10713; Title 29‑A; Title 32, chapters 2‑B, 62, 114 and 135; and Title 38, section 342, the District Court has exclusive jurisdiction upon complaint…

1. Agency action. Except where a statute provides for direct review or review of a pro forma judicial decree by the Supreme Judicial Court or where judicial review is specifically precluded or the issues therein limited by statute, any person who is aggrieved by final agency acti…

1. Proceedings instituted. Proceedings for judicial review of final agency action or the failure or refusal of an agency to act shall be instituted by filing a petition for review in the Superior Court for the county where: A. One or more of the petitioners reside or have their p…

1. Petition served. The petition for review shall be served by certified mail, return receipt requested, upon: A. The agency; [PL 1977, c. 551, §3 (NEW).] B. All parties to the agency proceeding; and [PL 1977, c. 551, §3 (NEW).] C. The Attorney General. [PL 1977, c. 551, §3 (NEW)…

The filing of a petition for review shall not operate as a stay of the final agency action pending judicial review. Application for a stay of an agency decision shall ordinarily be made first to the agency, which may issue a stay upon a showing of irreparable injury to the petiti…

No responsive pleading need be filed unless required by order of the reviewing court. The agency shall file in the reviewing court within 30 days after the petition for review is filed, or within such shorter or longer time as the court may allow on motion, the original or a cert…

1. Review. Judicial review shall be confined to the record upon which the agency decision was based, except as otherwise provided by this section. A. In the case of the failure or refusal of an agency to act or of alleged irregularities in procedure before the agency which are no…

1. Schedule. The court, upon request or its own motion, shall set a schedule for the filing of briefs by the parties and for oral argument. 2. Review by court. Except where otherwise provided by statute or constitutional right, review shall be conducted by the court without a jur…

1. Appeal. Any party to the review proceeding in the Superior Court under this subchapter may obtain review by appeal to the Supreme Judicial Court sitting as the law court. The appeal shall be taken as in other civil cases. 2. Supreme Judicial Court. The Supreme Judicial Court s…

This chapter is known and may be cited as the "Maine Administrative Procedure Act."

As used in this Act, unless the context otherwise indicates, the following words and phrases shall have the following meanings. [PL 1977, c. 694, §29-B (AMD).] 1. Adjudicatory proceeding. "Adjudicatory proceeding" means any proceeding before an agency in which the legal rights, d…

Except where expressly authorized by statute, any statutory provision now existing or hereafter adopted which is inconsistent with the express provisions of the Maine Administrative Procedure Act shall yield and the applicable provisions of this Act shall govern in its stead.

The Maine Administrative Procedure Act shall not apply to: [PL 1977, c. 694, §34 (NEW).] 1. Adjudicatory proceedings. Adjudicatory proceedings commenced by filing of an application, request for a hearing, agency notice of a hearing or otherwise in accordance with preexisting law,…

Notwithstanding any provision of law to the contrary, the provisions of this subchapter and subchapters 2 and 2‑A apply to rulemaking by the Governor's Office of Health Policy and Finance or its successor agency.

In addition to other rule-making requirements imposed by law, each agency shall adopt rules of practice governing the conduct of adjudicatory proceedings, licensing proceedings and the rendering of advisory rulings, except to the extent that such rules are provided by law. The fi…

The commissioner or director of each state agency shall designate a person to serve as a liaison between the agency and the general public, the Legislature, the Secretary of State and the office of the Attorney General with respect to rulemaking. The liaison shall serve as a repr…

1. Agency authority. An agency may voluntarily engage in a consensus-based rule development process. An agency that develops a draft rule through a consensus-based rule development process retains the sole discretion over whether to submit the rule as a proposed rule and as to th…

1. Notice; public hearing. Prior to the adoption of any rule, the agency shall give notice as provided in section 8053 and may hold a public hearing, except that a public hearing must be held if otherwise required by statute or requested by any 5 interested persons or if the rule…

1. Notice of rulemaking without hearing. At least 17 days prior to the comment deadline of any proposed rule for which a public hearing will not be held, the agency shall send an electronic notice or paper notice to: A. Any person specified by the statute authorizing the rulemaki…

1. Proposed rules. At the time of giving notice of rulemaking under section 8053 or within 10 days following the adoption of an emergency rule, the agency shall provide to the Legislature, in accordance with subsection 3, a fact sheet providing the information as described in sec…