LD 1913
pg. 10
Page 9 of 14 PUBLIC Law Chapter 689 Page 11 of 14
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LR 2740
Item 1

 
human services matters may report out legislation to the 122nd
Legislature.

 
11. The Commissioner of Health and Human Services shall work
with the Commissioner of Education and the Commissioner of
Corrections to review the delivery of child development services
and juvenile justice services. By January 31, 2006, the
Commissioner of Health and Human Services shall submit a report
including recommendations and any necessary legislation to the
Governor and the joint standing committee of the Legislature
having jurisdiction over health and human services matters.
Following receipt and review of the report, the committee may
report out legislation to the Second Regular Session of the 122nd
Legislature.

 
Sec. B-2. Conflicts and inconsistencies. If the Commissioner of Health and
Human Services finds a conflict or inconsistency between
provisions in the Maine Revised Statues, Title 22 and Title 34-B
or rules adopted under those titles, the commissioner shall
attempt to resolve that conflict or inconsistency by interpreting
the laws or rules together to give effect to the intent of the
Legislature or agency, as the case may be. If the commissioner
determines rulemaking is required to resolve a conflict or
inconsistency, the commissioner may adopt rules as authorized
under Title 22-A, section 205, subsection 2. In adopting rules
under this section, the commissioner has sole discretion to
determine whether an emergency exists. The commissioner shall
notify the members of the joint standing committee of the
Legislature having jurisdiction over health and human services
matters prior to adopting any emergency rule under this section.

 
Sec. B-3. Legislation; schedule. The Commissioner of Health and Human
Services, and designees selected by the commissioner, shall work
with the joint standing committee of the Legislature having
jurisdiction over health and human services matters and staff
from the Office of Policy and Legal Analysis and the Office of
the Revisor of Statutes to review those parts of the Maine
Revised Statutes governing the Department of Health and Human
Services, including but not limited to Titles 22, 22-A and 34-B.
The purpose of the review is to develop legislation to
consolidate existing law into Title 22-A, to update Title 22-A
and to correct any errors and inconsistencies in law that result
from this Act. By November 30, 2005 the commissioner and the
committee shall agree on the format and organization of Title 22-
A. By November 30, 2006 the commissioner shall submit the
legislation developed pursuant to this section to the First
Regular Session of the 123rd Legislature.


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