Title 5, Title 5

1. Rules; exception. Rules adopted in a manner other than that prescribed by section 8052, subsections 1, 2, 3, 4, 5‑A and 7 and by sections 8053 and 8054 are void and of no legal effect, except that insubstantial deviations from the requirements of section 8053 do not invalidate…

In preparing and adopting rules, each agency shall strive to the greatest possible extent to follow the procedure defined in this section. [PL 1989, c. 574, §7 (NEW).] 1. Preparation of rules. At the time that an agency is preparing a rule, the agency shall consider the goals and…

1. Judicial review. Judicial review of an agency rule, or of an agency's refusal or failure to adopt a rule where the adoption of a rule is required by law, may be had by any person who is aggrieved in an action for declaratory judgment in the Superior Court conducted pursuant to…

When 2 rules are inconsistent or in conflict with one another, so that compliance with both is impossible, then compliance with either rule shall be deemed to be compliance with the other.

Each agency with the authority to adopt rules shall issue to the appropriate joint standing committee or committees of the Legislature and to the Secretary of State an agency regulatory agenda as provided in this section. [PL 1989, c. 547, §8 (NEW).] 1. Contents of agenda. Each a…

All rules and any other materials required by this subchapter to be provided to the public or to the Legislature shall, to the maximum extent feasible, use plain and clear English, which can readily be understood by the general public. The use of technical language shall be avoid…

When legislation authorizing any regulated activity requires that certain criteria be met in order that any license, permit, authorization or certification to undertake the regulated activity be granted and when an agency determines that performance standards will assist regulate…

Every rule proposed by an agency must contain a fiscal impact note as part of the filing. [PL 2025, c. 384, §21 (AMD).] This section does not apply to emergency rules.

In addition to the economic impact statement required under section 8052, subsection 5‑A and the fiscal impact note required under section 8063, an agency may, within existing budgeted resources and in instances in which the consideration of costs is permitted, conduct an analysi…

For every rule proposed by an agency, except for emergency rules, the agency shall file with the Secretary of State citations for up to 3 primary sources of information relied upon by the agency in developing the proposed rule. The agency shall include that information with a cop…

Except for emergency rules as provided in section 8060, subsection 6, an agency may not adopt any rule unless the agency has complied with the provisions in sections 8053‑A and 8060, which include legislative review of the rule. When an agency proposes a rule not in its current r…

Except as otherwise provided in this subchapter, rules adopted pursuant to rule-making authorization delegated to an agency after January 1, 1996 are subject to the procedures of this subchapter and subchapter II. [PL 1995, c. 463, §2 (NEW).] 1. Legislative action. All new rules …

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2011, c. 244, §3 (NEW).] 1. Legislative review session. "Legislative review session" means the regular session of the Legislature convening after the beginning…

As provided in section 8071, major substantive rules are subject to an increased level of rule-making requirements. The rule-making requirements of subchapter II for routine technical rules apply to the adoption of major substantive rules, except that the 120-day period for adopt…

Major substantive rules are subject to the emergency rule-making procedures required under subchapter II, except that a major substantive rule adopted on an emergency basis after the deadline for submission to the Legislature for review under section 8072 may be effective for up …

1. Written request. Upon written request of any interested person, an agency may make an advisory ruling with respect to the applicability of any statute or rule administered by that agency to the person or the person's property or actual state of facts. 2. Rules written. All adv…

1. Adjudicatory proceeding. In any adjudicatory proceedings, except those proceedings involving correctional facilities, the Workers' Compensation Board, the Maine Motor Vehicle Franchise Board or the State Parole Board, the procedures of this subchapter apply. 2. Hearing. Unless…

Whenever adjudicatory hearings are held by the Department of Agriculture, Conservation and Forestry, the Department of Environmental Protection and the Board of Pesticides Control, the hearings shall be held in accordance with the provisions of this section. [PL 1987, c. 653, §1 …

1. Notice of hearing. When the applicable statute or constitutional law requires that an opportunity for hearing shall be provided, notice shall be given as follows: A. To the person or persons whose legal rights, duties or privileges are at issue, by regular mail, sufficiently i…

Whenever an agency, including environmental agencies, holds a hearing pursuant to this subchapter, the agency shall strive to hold a hearing in the area or areas of the State which are significantly affected by the license application or which are concerned about the issue.

Unless otherwise provided by law, agencies may: [PL 1977, c. 551, §3 (NEW).] 1. Responsibility. Place on any party the responsibility of requesting a hearing if the agency notifies the party in writing of the party's right to a hearing, and of the party's responsibility to reques…

1. Intervention. On timely application made pursuant to agency rules, the agency conducting the proceedings shall allow any person showing that the person is or may be, or is a member of a class that is or may be, substantially and directly affected by the proceeding, or any othe…

1. Communication prohibited. In any adjudicatory proceeding, no agency members authorized to take final action or presiding officers designated by the agency to make findings of fact and conclusions of law may communicate directly or indirectly in connection with any issue of fac…

1. Opportunity for hearing. The opportunity for hearing in an adjudicatory proceeding shall be afforded without undue delay. 2. Rights. Unless limited by stipulation under section 9053, subsection 4, or by agency order pursuant to section 9054, subsections 2 or 4, or unless other…

1. Rules of privilege. Unless otherwise provided by statute, agencies need not observe the rules of evidence observed by courts, but shall observe the rules of privilege recognized by law. 2. Evidence. Evidence shall be admitted if it is the kind of evidence upon which reasonable…

1. Official notice. Agencies may take official notice of any facts of which judicial notice could be taken, and in addition may take official notice of general, technical or scientific matters within their specialized knowledge and of statutes, regulations and nonconfidential age…

1. Record. In an adjudicatory proceeding, the agency shall make a record consisting of: A. All applications, pleadings, motions, preliminary and interlocutory rulings and orders; [PL 1977, c. 551, §3 (NEW).] B. Evidence received or considered; [PL 1977, c. 551, §3 (NEW).] C. A st…

1. Proceedings. In any adjudicatory proceeding for which the agency, by independent statute, has authority to issue subpoenas, any party shall be entitled as of right to their issuance in the name of the agency to require the attendance and testimony of witnesses and the producti…

Every agency decision made at the conclusion of an adjudicatory proceeding must be in writing or stated in the record and must include findings of fact sufficient to apprise the parties and any interested member of the public of the basis for the decision. A copy of the decision …

1. Presiding officer. An agency may authorize any agency member, employee or agent to act as presiding officer in any hearing. 2. Substitute officer. Whenever a presiding officer is disqualified or it becomes impracticable for the presiding officer to continue the hearing, anothe…

1. Hearings; impartial. Hearings must be conducted in an impartial manner. Upon the filing in good faith by a party of a timely charge of bias or of personal or financial interest, direct or indirect, of a presiding officer or agency member in the proceeding requesting that the p…

The agency shall be entitled to enforce its order in the courts by way of injunction or other appropriate legal remedy.

This chapter may be known and cited as "the Tribal-State Collaboration Act."

As used in this Act, unless the context otherwise indicates, the following terms have the following meanings. [PL 2021, c. 681, Pt. A, §1 (NEW).] 1. Agency. "Agency" means the following: A. The Department of Agriculture, Conservation and Forestry; [PL 2021, c. 681, Pt. A, §1 (NEW…

1. Required policies. An agency shall develop and implement a policy that: A. Promotes effective communication and collaboration between the agency and the Indian tribes; [PL 2021, c. 681, Pt. A, §1 (NEW).] B. Promotes positive government-to-government relations between the State…

An agency shall ensure that the tribal liaison designated pursuant to section 11053, subsection 3, other employees responsible for tribal collaboration under this Act and other employees whose work substantially and uniquely affects Indian tribes or tribal members receive trainin…

1. Annual Tribal-State Summit. The Governor shall meet at least annually with the leaders of Indian tribes in a Tribal-State Summit to address issues of mutual concern, which may include: A. Implementation of the Maine Native American study provisions of Title 20‑A, section 4706;…

1. Cause of action and right of review not conferred. An agency's failure to comply with the requirements of this Act does not: A. Create a cause of action or a right of judicial review of any action by an agency; [PL 2021, c. 681, Pt. A, §1 (NEW).] B. Constitute grounds for a co…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1981, c. 524, §15 (NEW).] 1. Agency, person and rule. "Agency," "person" and "rule" are defined in section 8002, except that "rule" also means a proposed rule. 2.…

Any group of 100 or more registered voters, who have a substantial interest in a rule, or any person who may be directly, substantially and adversely affected by the application of a rule, may file an application for review with the executive director. With respect to any applica…

The executive director shall, upon receipt of an application for review, determine the appropriate joint standing committee of the Legislature responsible for review of the rule in question and send the application and a copy of the rule in question to each member of the committe…

When reviewing a rule under this chapter, the committee shall consider, in addition to any matters proposed by the applicant, the following: [PL 1981, c. 524, §15 (NEW).] 1. Consistency with legislation. Whether the rule is consistent with and necessary to the intent of the statu…

If the committee determines that any of the criteria for review have not been met, it may discuss their findings with the agency. No agency may, on the basis of these discussions or any subsequent report of the committee, terminate a rule that is required by law. If the committee…

1. Debt obligations. A joint standing committee may not review an agency rule which is part of official action towards issuance or securing repayment of bonds, notes or other debt obligations of the State, its instrumentalities or political subdivisions. 2. Review on committee's …

It is the purpose of this chapter to provide the State with a complete inventory and central listing of all boards, commissions, committees, councils, authorities and other similar organizations established by the Legislature as a means of controlling the proliferation of these o…

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1983, c. 812, §39 (NEW).] 1. Board. "Board" means any authority, board, commission, committee, council and similar organization, including independent organizatio…