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B. A rule may not be adopted unless the adopted rule is | | consistent with the terms of the proposed rule, except to | | the extent that the agency determines that it is necessary | | to address concerns raised in comments about the proposed | | rule, or specific findings are made supporting changes to | | the proposed rule. The agency shall maintain a file for | | each rule adopted that must include, in addition to other | | documents required by this Act, testimony, comments, the | | names of persons who commented and the organizations they | | represent and information relevant to the rule and | | considered by the agency in connection with the | | formulation, proposal or adoption of a rule. If an agency | | determines that a rule that the agency intends to adopt is | | substantially different from the proposed rule, the agency | | shall request comments from the public concerning the | | changes from the proposed rule. The agency may not adopt | | the rule for a period of 30 days from the date comments are | | requested pursuant to this paragraph. Notice of the | | request for comments must be published by the Secretary of | | State in the same manner as notice for proposed or adopted | | rules. |
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| | | C. If the adoption under this subsection is final | adoption of a major substantive rule under subchapter II-A | | 2-A, the agency must include in its written statement | | citation of the legislative act authorizing final adoption | | of that rule; or, if authorization is the result of | | failure of the Legislature to act under section 8072, | | subsection 7, the agency must indicate that fact and | | identify the date the agency filed the rule for review | | under section 8072. |
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| | | Sec. 5. 5 MRSA §8052, sub-§5-B is enacted to read: |
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| | | 5-B.__Rules affecting social and mental health services.__In | | adopting rules, an agency proposing rules that affect social | | and mental health services provided to the State or its | | citizens through, but not limited to, the Department of Human | | Services, the Department of Behavioral and Developmental | | Services, the Department of Corrections and the Department of | | Education shall seek to reduce any economic burdens or | | reduction in services by taking into account the resources | | available to those agencies.__An agency shall seek to reduce | | any economic burdens through flexible or simplified reporting | | requirements if they are applicable. |
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| | | Sec. 6. 5 MRSA §8052, sub-§6, as amended by PL 1993, c. 362, §3, is | | further amended to read: |
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| | | 6. Effective date. No rule, except emergency rules adopted | | under section 8054, becomes effective until at least 5 days | | after |
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