| | | 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. |
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| | | 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. |
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| | | Sec. 4. 12 MRSA §6191, as enacted by PL 1977, c. 661, §5, is | | amended to read: |
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| | | 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. |
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| | | A. A public hearing may be held but is not required unless | | it is requested by an interested person. |
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| | | B. The person conducting the hearing shall record and | | retain all relevant evidence provided at the hearing. |
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| | 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. |
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| | | Sec. 5. 12 MRSA §6192, as amended by PL 1993, c. 42, §1, is further | | amended to read: |
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| | | §6192. Emergency rulemaking |
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| | | 1. Procedures. In an emergency adoption of a rule or | | amendment to a rule, the commissioner may modify the procedures |
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