S.P. 228 - L.D. 691
An Act To Provide Public Health Protection Authority to the Department of Marine Resources
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §6171-C is enacted to read:
§6171-C. Protection of public health
1. Commissioner's powers. The commissioner may, with the advice and consent of the Marine Resources Advisory Council, adopt or amend such rules as the commissioner considers necessary to protect public health.
2. Emergency rules. The commissioner may adopt or amend rules under the emergency procedures if immediate action is necessary to protect public health.
3. Procedure. The procedures of subchapter 2 must be used in adopting or amending rules authorized by this section.
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 2. 12 MRSA §6172, sub-§1-B is enacted to read:
1-B. Advisory council. Notwithstanding section 6171-C, the advice and consent of the Marine Resources Advisory Council is not required prior to adoption of a rule under this section.
Sec. 3. 12 MRSA §6192, sub-§1, ¶A, as amended by PL 2003, c. 248, §5, is further amended to read:
A. In an emergency adoption of a rule or amendment to a rule relating to the public health and safety, including rules authorized under
section sections 6171-C and 6172, prior public notice and hearing is not required.
Effective September 17, 2005.
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