Sec. 1. 5 MRSA §8056, sub-§1, ¶B, as amended by PL 1995, c. 373, §6, is further amended to read:

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, with the Secretary of State in a form prescribed by the Secretary of State, which form is susceptible to frequent and easy revision; .

An agency may incorporate 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, another state or by a nationally recognized organization or association by reference in its rules and without the incorporated matter in full if incorporation of its text in agency rules would be unduly cumbersome, expensive or otherwise inexpedient.__ The reference in the agency rules must fully identify the incorporated matter by exact title, edition or version, date of publication, publisher and location.__An agency may incorporate by reference such matter in its rules only if the agency, organization or association originally issuing that matter makes copies of it readily available to the public.__The rules must state where copies of the incorporated matter are available at cost from the agency issuing the rule and where copies are available from the agency of the United States, this State, another state or an organization or association originally issuing that matter;

SUMMARY

This bill clarifies that incorporation by reference in the rulemaking process is acceptable as long as the rule fully identifies the incorporated matter and that such matter is readily available to the public.