PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Amend the Maine Administrative Procedure Act
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §8053-B  is enacted to read:
§ 8053-B. Public rule-making docket
 
1.  Public rule-making docket.     Each agency shall maintain a current rule-making docket accessible to the public and posted on the publicly accessible portion of the agency’s website. The rule-making docket must list every proposed agency rule or modification of a rule that is under active consideration. For purposes of this subsection, a proposed rule or modification of a rule is under active consideration during the time period commencing from when notice is provided under section 8053 to final disposition of the proposed rule or modification of a rule including withdrawal, termination or rejection of the proposed rule or modification of a rule or when the proposed rule or modification of a rule becomes effective. For each proposed rule or modification of a rule listed in the rule-making docket, the rule-making docket must state:
 
A.  The precise subject matter of the proposed rule or modification of a rule;
 
B.  The name, address and phone number of the staff person responsible for providing information on the proposed rule or modification of a rule;
 
C.  The proposed rule or modification of a rule's current status within the agency; and
 
D.  Any pending rule-making proceeding under subsection 2 for the proposed rule or modification of a rule.
 
2.  Pending rule-making proceedings.     For each proposed rule or modification of a rule listed in the rule-making docket under subsection 1, the rule-making docket must list information on each pending rule-making proceeding, including:
 
A.  The subject matter of the proposed rule or modification of a rule;
 
B.  A citation to all published notices relating to the proceeding;
 
C.  Where written comments concerning the proposed rule or modification of a rule may be inspected;
 
D.  The time period during which written comments may be made;
 
E.  The name of any person who petitioned for the adoption or modification of a rule under section 8055 and where any petition under this paragraph may be inspected;
 
F.  The current status of the proposed rule or modification of a rule and any agency determination with respect to the proposed rule or modification of a rule;
 
G.  The date and time of any scheduled hearing;
 
H.  The timetable for any agency decision or other action in the proceeding;
 
I.  The State’s cost to implement the proposed rule or modification of a rule;
 
J.  The impact of the proposed rule or modification of a rule on business and jobs, including the economic impact statement required under section 8052, subsection 5-A and where the economic impact statement may be inspected;
 
K.  The date of adoption of the proposed rule or modification of a rule; and
 
L.  If the proposed rule or modification of a rule has been adopted, the date that the resulting rule or modification becomes effective.
 
SUMMARY
This bill requires under the Maine Administrative Procedure Act for each state agency to maintain a rule-making docket on the agency's publicly accessible website listing any proposed rules or modifications to rules under active consideration by the agency. The rule-making docket must list for each proposed rule or modification of a rule the specific subject matter of the proposed rule or modification of a rule, agency contact information, status within the agency and information regarding any pending proceedings concerning the proposed rule or modification of a rule.