2. Other requirements.

A. A public hearing may be held but is not required unless it is requested by an interested person.

B. The person conducting the hearing shall record and retain all relevant evidence provided at the hearing.

C. No regulation A rule, except a regulation rule authorized under section 6172, shall may not be adopted or amended without the advice and consent of the advisory council, except as provided in section 6192, subsection 2.

Sec. 5. 12 MRSA §6192, as amended by PL 1993, c. 42, §1, is further amended to read:

§6192. Emergency rulemaking

1. Procedures. In an emergency adoption of a rule or amendment to a rule, the commissioner may modify the procedures required under the Maine Administrative Procedure Act and section 6191 in the following manner.

A. In an emergency adoption of a rule or amendment of rules to a rule relating to the public health and safety, including rules authorized under section 6172, prior public notice and hearing shall is not be required.

B. In an emergency adoption of a rule or amendment of rules to a rule relating to the general welfare, as authorized by section 6171, the rule shall be is effective immediately, as provided in subsection 4. A public hearing shall must be held in the affected area immediately thereafter if requested of the commissioner in writing by 5 persons. The hearing shall must be held within 30 days of the commissioner receiving the written request. Notice of that hearing shall must be published once, not less than 5 days prior to the hearing, in a newspaper of general circulation in the affected area.

C. In an emergency adoption of a rule or amendment of rules to a rule relating to gear conflicts, as authorized by section 6171-A, the regulation shall be rule is effective immediately, as provided in subsection 4. Prior public