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Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT
Subchapter 1: GENERAL PROVISIONS
5 §8001. Short title - §8001. Short title This chapter is known and may be...
5 §8002. Definitions - §8002. Definitions As used in this Act, unless the context...
5 §8003. Inconsistent provisions - §8003. Inconsistent provisions Except where expressly authorized by statute, any...
5 §8004. Matters pending not affected - §8004. Matters pending not affected The Maine Administrative Procedure Act...
5 §8005. Governor's Office of Health Policy and Finance - §8005. Governor's Office of Health Policy and Finance Notwithstanding any...
5 §8006. Expenses of loan authority board (REALLOCATED TO TITLE 5, SECTION 15006) - §8006. Expenses of loan authority board (REALLOCATED TO TITLE 5,...
5 §8007. Loan Insurance Fund (REALLOCATED TO TITLE 5, SECTION 15007) - §8007. Loan Insurance Fund (REALLOCATED TO TITLE 5, SECTION 15007)...
5 §8008. Additions to (REALLOCATED TO TITLE 5, SECTION 15008) - §8008. Additions to (REALLOCATED TO TITLE 5, SECTION 15008) SECTION...
5 §8009. Insurance of loans (REALLOCATED TO TITLE 5, SECTION 15009) - §8009. Insurance of loans (REALLOCATED TO TITLE 5, SECTION 15009)...
5 §8010. Loan Insurance premiums (REALLOCATED TO TITLE 5, SECTION 15010) - §8010. Loan Insurance premiums (REALLOCATED TO TITLE 5, SECTION 15010)...
5 §8011. Acquisition and disposal of property (REALLOCATED TO TITLE 5, SECTION 15011) - §8011. Acquisition and disposal of property (REALLOCATED TO TITLE 5,...
5 §8012. Loans eligible for investment (REALLOCATED TO TITLE 5, SECTION 15012) - §8012. Loans eligible for investment (REALLOCATED TO TITLE 5, SECTION...
5 §8013. Safeguarding the fund (REALLOCATED TO TITLE 5, SECTION 15013) - §8013. Safeguarding the fund (REALLOCATED TO TITLE 5, SECTION 15013)...
5 §8014. Accounts (REALLOCATED TO TITLE 5, SECTION 15014) - §8014. Accounts (REALLOCATED TO TITLE 5, SECTION 15014) SECTION HISTORY...
5 §8015. Records confidential (REALLOCATED TO TITLE 5, SECTION 15015) - §8015. Records confidential (REALLOCATED TO TITLE 5, SECTION 15015) SECTION...
Subchapter 2: RULEMAKING
5 §8051. Adoption of rules of practice - §8051. Adoption of rules of practice In addition to other...
5 §8051-A. Appointment of liaison - §8051-A. Appointment of liaison The commissioner or director of each...
5 §8051-B. Consensus-based rule development process - §8051-B. Consensus-based rule development process 1. Agency authority. An agency...
5 §8052. Rulemaking - §8052. Rulemaking 1. Notice; public hearing. Prior to the adoption...
5 §8053. Notice - §8053. Notice 1. Notice of rulemaking without hearing. At least...
5 §8053-A. Notice to legislative committees - §8053-A. Notice to legislative committees 1. Proposed rules. At the...
5 §8054. Emergency rulemaking - §8054. Emergency rulemaking 1. Emergency. If the agency finds that...
5 §8055. Petition for adoption or modification of rules - §8055. Petition for adoption or modification of rules 1. Petition....
5 §8056. Filing and publication - §8056. Filing and publication 1. Requirements. With respect to every...
5 §8056-A. Technical assistance; annual report - §8056-A. Technical assistance; annual report 1. Checklist. The Secretary of...
5 §8057. Compliance - §8057. Compliance 1. Rules; exception. Rules adopted in a manner...
5 §8057-A. Preparation and adoption of rules - §8057-A. Preparation and adoption of rules In preparing and adopting...
5 §8058. Judicial review of rules - §8058. Judicial review of rules 1. Judicial review. Judicial review...
5 §8059. Inconsistent rules - §8059. Inconsistent rules When 2 rules are inconsistent or in...
5 §8060. Regulatory agenda - §8060. Regulatory agenda Each agency with the authority to adopt...
5 §8061. Style - §8061. Style All rules and any other materials required by...
5 §8062. Performance standards - §8062. Performance standards When legislation authorizing any regulated activity requires...
5 §8063. Fiscal impact - §8063. Fiscal impact Every rule proposed by an agency must...
5 §8063-A. Analysis of benefits and costs - §8063-A. Analysis of benefits and costs In addition to the...
5 §8063-B. Identification of primary source of information - §8063-B. Identification of primary source of information For every rule...
5 §8064. Limitation - §8064. Limitation Except for emergency rules as provided in section...
Subchapter 2-A: RULEMAKING PROCEDURES GOVERNING RULES AUTHORIZED AND ADOPTED AFTER JANUARY 1, 1996
5 §8071. Legislative review of certain agency rules - §8071. Legislative review of certain agency rules Except as otherwise...
5 §8071-A. Definitions - §8071-A. Definitions As used in this subchapter, unless the context...
5 §8072. Legislative review of major substantive rules - §8072. Legislative review of major substantive rules As provided in...
5 §8073. Emergency major substantive rules - §8073. Emergency major substantive rules Major substantive rules are subject...
5 §8074. Federally mandated rules (REPEALED) - §8074. Federally mandated rules (REPEALED) SECTION HISTORY PL 1995, c....
Subchapter 3: ADVISORY RULINGS
5 §9001. Advisory rulings - §9001. Advisory rulings 1. Written request. Upon written request of...
Subchapter 4: ADJUDICATORY PROCEEDINGS
5 §9051. Scope - §9051. Scope 1. Adjudicatory proceeding. In any adjudicatory proceedings, except...
5 §9051-A. Notice of environmental agency adjudicatory proceedings - §9051-A. Notice of environmental agency adjudicatory proceedings Whenever adjudicatory hearings...
5 §9052. Notice - §9052. Notice 1. Notice of hearing. When the applicable statute...
5 §9052-A. Holding of hearings - §9052-A. Holding of hearings Whenever an agency, including environmental agencies,...
5 §9053. Disposition without full hearing - §9053. Disposition without full hearing Unless otherwise provided by law,...
5 §9054. Public participation - §9054. Public participation 1. Intervention. On timely application made pursuant...
5 §9055. Ex parte communications; separation of functions - §9055. Ex parte communications; separation of functions 1. Communication prohibited....
5 §9056. Opportunity to be heard - §9056. Opportunity to be heard 1. Opportunity for hearing. The...
5 §9057. Evidence - §9057. Evidence 1. Rules of privilege. Unless otherwise provided by...
5 §9058. Official notice - §9058. Official notice 1. Official notice. Agencies may take official...
5 §9059. Record - §9059. Record 1. Record. In an adjudicatory proceeding, the agency...
5 §9060. Subpoenas and discovery - §9060. Subpoenas and discovery 1. Proceedings. In any adjudicatory proceeding...
5 §9061. Decisions - §9061. Decisions Every agency decision made at the conclusion of...
5 §9062. Presiding officers - §9062. Presiding officers 1. Presiding officer. An agency may authorize...
5 §9063. Bias of presiding officer or agency member - §9063. Bias of presiding officer or agency member 1. Hearings;...
5 §9064. Enforcement - §9064. Enforcement The agency shall be entitled to enforce its...
Subchapter 5: LICENSING
5 §10001. Adjudicatory proceedings - §10001. Adjudicatory proceedings When licensing is required as a matter...
5 §10002. Expiration - §10002. Expiration Except as otherwise provided in this subchapter, when...
5 §10003. Right to Hearing - §10003. Right to Hearing 1. Opportunity for hearing. Subject to...
5 §10004. Action without hearing - §10004. Action without hearing Notwithstanding the provisions of sections 10003...
5 §10005. Decision and record - §10005. Decision and record Any licensing decision not involving an...
Subchapter 6: ADMINISTRATIVE COURT
5 §10051. Jurisdiction of District Court; retained powers of agency - §10051. Jurisdiction of District Court; retained powers of agency 1....
Subchapter 7: JUDICIAL REVIEW - FINAL AGENCY ACTION
5 §11001. Right to review - §11001. Right to review 1. Agency action. Except where a...
5 §11002. Commencement of action - §11002. Commencement of action 1. Proceedings instituted. Proceedings for judicial...
5 §11003. Service - §11003. Service 1. Petition served. The petition for review shall...
5 §11004. Stay - §11004. Stay The filing of a petition for review shall...
5 §11005. Responsive pleading; filing of the record - §11005. Responsive pleading; filing of the record No responsive pleading...
5 §11006. Power of court to correct or modify record - §11006. Power of court to correct or modify record 1....
5 §11007. Manner and scope of review - §11007. Manner and scope of review 1. Schedule. The court,...
5 §11008. Appeal to law court - §11008. Appeal to law court 1. Appeal. Any party to...
Chapter 376: TRIBAL-STATE COLLABORATION
5 §11051. Short title - §11051. Short title This chapter may be known and cited...
5 §11052. Definitions - §11052. Definitions As used in this Act, unless the context...
5 §11053. Collaboration between agencies and Indian tribes - §11053. Collaboration between agencies and Indian tribes 1. Required policies....
5 §11054. Mandatory training - §11054. Mandatory training An agency shall ensure that the tribal...
5 §11055. Tribal-State Summit; reports by agencies and Indian tribes - §11055. Tribal-State Summit; reports by agencies and Indian tribes 1....
5 §11056. Cause of action and right of review not conferred; savings clause - §11056. Cause of action and right of review not conferred;...
Chapter 377: STATE AGENCY RULES (REPEALED)
5 §11101. Statement of intent (REPEALED) - §11101. Statement of intent (REPEALED) SECTION HISTORY PL 1977, c....
5 §11102. Definitions (REPEALED) - §11102. Definitions (REPEALED) SECTION HISTORY PL 1977, c. 683, §4...
5 §11103. Assignment of rules to standing committees (REPEALED) - §11103. Assignment of rules to standing committees (REPEALED) SECTION HISTORY...
5 §11104. Automatic expiration of rules (REPEALED) - §11104. Automatic expiration of rules (REPEALED) SECTION HISTORY PL 1977,...
5 §11105. Joint legislative committee review of rules (REPEALED) - §11105. Joint legislative committee review of rules (REPEALED) SECTION HISTORY...
5 §11106. Administering and other agencies to cooperate (REPEALED) - §11106. Administering and other agencies to cooperate (REPEALED) SECTION HISTORY...
5 §11107. Legislative Administrative Director to cooperate (REPEALED) - §11107. Legislative Administrative Director to cooperate (REPEALED) SECTION HISTORY PL...
5 §11108. Savings clause (REPEALED) - §11108. Savings clause (REPEALED) SECTION HISTORY PL 1977, c. 683,...
Chapter 377-A: LEGISLATIVE REVIEW OF AGENCY RULES
5 §11111. Definitions - §11111. Definitions As used in this chapter, unless the context...
5 §11112. Application for review - §11112. Application for review Any group of 100 or more...
5 §11113. Committee review - §11113. Committee review The executive director shall, upon receipt of...
5 §11114. Criteria for review - §11114. Criteria for review When reviewing a rule under this...
5 §11115. Committee recommendation - §11115. Committee recommendation If the committee determines that any of...
5 §11116. Limitation - §11116. Limitation 1. Debt obligations. A joint standing committee may...
Chapter 379: BOARDS, COMMISSIONS, COMMITTEES AND SIMILAR ORGANIZATIONS
Subchapter 1: COMPENSATION
5 §12001. Purpose - §12001. Purpose It is the purpose of this chapter to...
5 §12002. Definitions - §12002. Definitions As used in this chapter, unless the context...
5 §12002-A. Payment of expenses - §12002-A. Payment of expenses 1. Activities subject to reimbursement. Members...
5 §12002-B. Compensation of board members - §12002-B. Compensation of board members Members of boards shall be...
5 §12002-C. Per diem and expense vouchers - §12002-C. Per diem and expense vouchers In order to receive...
5 §12002-D. Expenses of boards excluded by definition - §12002-D. Expenses of boards excluded by definition Sections 12002‑A, 12002‑B...
5 §12003. Policy (REPEALED) - §12003. Policy (REPEALED) SECTION HISTORY PL 1983, c. 812, §39...
5 §12003-A. Standards - §12003-A. Standards Boards established by this chapter shall comply with...
5 §12004. Classifications and definitions of boards - §12004. Classifications and definitions of boards Boards established or authorized...
5 §12004-A. Occupational and professional licensing boards - §12004-A. Occupational and professional licensing boards The primary responsibilities of...
5 §12004-B. Arbitration, mediation, valuation and board appeals - §12004-B. Arbitration, mediation, valuation and board appeals The primary responsibilities...
5 §12004-C. Educational policy boards - §12004-C. Educational policy boards The primary responsibilities of the boards...
5 §12004-D. Environmental regulation and control - §12004-D. Environmental regulation and control The primary responsibility of environmental...
5 §12004-E. Budget and rate regulation - §12004-E. Budget and rate regulation The primary responsibilities of rate...
5 §12004-F. Bonding and financing organization - §12004-F. Bonding and financing organization Bonding and financing organizations have...
5 §12004-G. General government - §12004-G. General government (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) The...
5 §12004-H. Commodity or product protection and promotion boards - §12004-H. Commodity or product protection and promotion boards (CONTAINS TEXT...
5 §12004-I. Advisory boards; boards with minimal authority - §12004-I. Advisory boards; boards with minimal authority (CONTAINS TEXT WITH...
5 §12004-J. Independent advisory boards - §12004-J. Independent advisory boards Independent advisory boards are boards which...
5 §12004-K. Intergovernmental organizations - §12004-K. Intergovernmental organizations The primary responsibility of intergovernmental organizations is...
5 §12004-L. Interagency organizations - §12004-L. Interagency organizations The primary responsibilities of interagency organizations include...
5 §12005. Report to Secretary of State (REPEALED) - §12005. Report to Secretary of State (REPEALED) SECTION HISTORY PL...
5 §12005-A. Report to Secretary of State - §12005-A. Report to Secretary of State Every board listed in...
5 §12006. Penalty for failure to report - §12006. Penalty for failure to report Members of any board...
5 §12007. Clerk of board - §12007. Clerk of board 1. Appointment. Each board shall appoint...
5 §12008. Ad hoc advisory boards - §12008. Ad hoc advisory boards The commissioner or chief executive...
5 §12009. Duty of Secretary of State - §12009. Duty of Secretary of State The Secretary of State...
Subchapter 2: ORGANIZATION AND OPERATION
5 §12011. Duty of Secretary of State - §12011. Duty of Secretary of State The Secretary of State...
5 §12012. Members from other branches of government - §12012. Members from other branches of government Persons who serve...
5 §12013. Finances - §12013. Finances All boards shall maintain such financial records as...
5 §12014. Powers and duties - §12014. Powers and duties 1. Duties. Each board shall have...
5 §12015. New boards - §12015. New boards Any boards established on or after July...
Subchapter 3: QUASI-INDEPENDENT STATE ENTITIES
5 §12021. Definitions - §12021. Definitions As used in this subchapter, unless the context...
5 §12022. Financial policies and procedures - §12022. Financial policies and procedures A governing body of an...
5 §12023. Reports to the Legislature - §12023. Reports to the Legislature 1. Adoption and implementation. By...
5 §12024. Proposed quasi-independent state entities - §12024. Proposed quasi-independent state entities A joint standing committee of...