Sec. 1. 5 MRSA c. 375, sub-c. 2-A is amended by repealing the subchapter headnote and enacting the following in its place:

SUBCHAPTER 2-A

RULE-MAKING PROCEDURES GOVERNING RULES

AUTHORIZED AND ADOPTED AFTER JANUARY 1, 1996

AND BEFORE JANUARY 1, 2004

Sec. 2. 5 MRSA §8071, as amended by PL 1995, c. 574, §1, is further amended to read:

§8071. Legislative review of certain agency rules

Except as otherwise provided in this subchapter, rules adopted pursuant to rule-making authorization delegated to an agency after January 1, 1996 and before January 1, 2004 are subject to the procedures of this subchapter and subchapter II 2.

1. Legislative action. All new rules authorized to be adopted by delegation of legislative authority that is enacted after January 1, 1996 and before January 1, 2004, including new rules authorized by amendment of provisions of laws in effect on that date, must be assigned by the Legislature to one of 2 categories and subject to the appropriate level of rule-making procedures as provided in this subchapter. The Legislature shall assign the category and level of review to all rules at the time it enacts the authorizing legislation. The Legislature may assign different categories and levels of review to different types of rules authorized by the same legislation.

2. Categories of rules. There are 2 categories of rules authorized for adoption after January 1, 1996 and before January 1, 2004.

A. Routine technical rules are procedural rules that establish standards of practice or procedure for the conduct of business with or before an agency and any other rules that are not major substantive rules as defined in paragraph B. Routine technical rules include, but are not limited to, forms prescribed by an agency; they do not include fees established by an agency except fees established or amended by agency rule that are below a cap or within a range established by statute.

B. Major substantive rules are rules that, in the judgment of the Legislature: