LD 1471
pg. 2
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LR 1910
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2. Proof of rules. A certified copy of a regulation shall be
rule is admissible in court to prove the regulation rule and
shall be is prima facie evidence that the regulation rule was
properly adopted. A regulation shall rule must be personally
certified by the commissioner, deputy commissioner or Chief of
the Bureau of Marine Patrol and shall must be accompanied by his
a signed statement that it was in force on the date of the
alleged violation. The certified copy shall be is admissible in
evidence on the testimony of a marine patrol officer that he the
patrol officer received the certified regulation rule after
requesting it by telephone or otherwise from the department. No
further foundation shall be is necessary for the admission of the
certified copy.

 
3. Penalty. Whoever violates a regulation shall be punished
by the penalties under section 6204, unless a specific penalty is
otherwise authorized and provided rule commits a civil violation
for which a fine of not less than $100 for each violation may be
adjudged.

 
Sec. 4. 12 MRSA §6191, as enacted by PL 1977, c. 661, §5, is
amended to read:

 
§6191. Rulemaking

 
1. Procedures. In adopting or amending any regulation rule,
the commissioner shall use the procedures required for rulemaking
under the Maine Administrative Procedure Act, Title 5, chapter
375, and the additional requirements of this subchapter.

 
2. Other requirements.

 
A. A public hearing may be held but is not required unless
it is requested by an interested person.

 
B. The person conducting the hearing shall record and
retain all relevant evidence provided at the hearing.

 
C. No regulation A rule, except a regulation rule
authorized under section 6172, shall may not be adopted or
amended without the advice and consent of the advisory
council, except as provided in section 6192, subsection 2.

 
Sec. 5. 12 MRSA §6192, as amended by PL 1993, c. 42, §1, is further
amended to read:

 
§6192. Emergency rulemaking

 
1. Procedures. In an emergency adoption of a rule or
amendment to a rule, the commissioner may modify the procedures


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