Sec. 3. 5 MRSA §8072, sub-§8, as enacted by PL 1995, c. 463, §2, is amended to read:

8. Final adoption; effective date. Unless otherwise provided by law, final adoption of a rule by an agency must occur within 60 days of the effective date of the legislation approving that rule or of the adjournment of the session at which that rule is reviewed if no legislation is enacted. Finally adopted rules must be filed with the Secretary of State as provided in section 8056, subsection 1, paragraph B and notice must be published as provided in section 8056, subsection 1, paragraph D. An agency rule authorized by the Legislature becomes effective 30 days after filing with the Secretary of State or at a later date specified by the agency. A provisional rule for which fewer than 6 requests to delay enforcement have been received under subsection 1 is effective as provided in that subsection and continues in effect following review of the Legislature if the Legislature does not require a change in the rule or disapprove the rule.__If the Legislature requires a change or changes in the rule, the agency must finally adopt and file the rule and it takes effect as provided in this subsection.

SUMMARY

This bill amends the Maine Administrative Procedure Act to require that a major substantive rule that has been provisionally adopted by an agency may be enforced by the agency pending review by the Legislature unless the agency receives requests from at least 6 members of the public that the agency not enforce the rule until legislative review is complete.