An Act To Clarify Filing Requirements for Proposed Rules
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §8053-A, sub-§1, as repealed and replaced by PL 1989, c. 574, §5, is amended to read:
1. Proposed rules. At the time of giving notice of rulemaking under section 8053 or within 10 days following the adoption of an emergency rule, the agency shall provide to the Legislature, in accordance with subsection 3, a fact sheet providing the information as described in section 8057-A, subsection 1 and a written notice identifying whether the proposed rule or adopted emergency rule is a routine technical rule or a major substantive rule as defined in subchapter 2-A.
A. If an agency determines that a rule which that it intends to adopt will be substantially different from the proposed rule, it shall provide the Legislature with a revised fact sheet with the information defined in section 8057-A, subsection 1, as it relates to the substantially different rule. The revised fact sheet shall must be provided to the Legislature in accordance with subsection 3.
SUMMARY
This bill clarifies that when an agency provides notice to the Legislature of a proposed rule or the adoption of an emergency rule, it must identify whether the proposed rule or adopted emergency rule is a routine technical rule or a major substantive rule.