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RESOLVES
First Regular Session of the 120th

CHAPTER 5
H.P. 6 - L.D. 6

Resolve, Regarding Legislative Review of Chapter (unassigned): Rules Providing for the Licensing of Child Placing Agencies With and Without Adoption Programs, Addition of Home Certification Process, a Major Substantive Rule of the Department of Human Services, Community Services Center

     Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, the Maine Revised Statutes, Title 5, chapter 375, subchapter II-A requires legislative authorization before major substantive agency rules may be finally adopted by the agency; and

     Whereas, the above-named major substantive rule has been submitted to the Legislature for review; and

     Whereas, immediate enactment of this resolve is necessary to record the Legislature's position on final adoption of the rule; and

     Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it

     Sec. 1. Adoption. Resolved: That final adoption of Chapter (unassigned): Rules Providing for the Licensing of Child Placing Agencies With and Without Adoption Programs, Addition of Home Certification Process, a provisionally adopted major substantive rule of the Department of Human Services, Community Services Center, that has been submitted to the Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter II-A is authorized if the rules are amended in Section 2, Certification Procedures, paragraph C by adding after the first sentence 2 sentences to read: "A decision under this paragraph must be made by the Agency within 30 days of receipt of the information required for a decision on the application under paragraph B. For reasons of the best interests of the child, a decision under this paragraph may be extended for an additional 30-day time period."

     Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.

Effective April 11, 2001.

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