Maine § 3850-A. - Rulemaking - Article 11

§ 3850-A.. Rulemaking - Article 11

1.  Authority to adopt rules.  The commission may exercise its rule-making powers pursuant to the criteria set forth in this subchapter and the rules promulgated by the commission. Rules and amendments are binding as of the date specified in each rule or amendment.

2.  Rejection of rule.  If a majority of the legislatures of the compact states rejects a rule by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule has no further force and effect in any compact state.

3.  Adoption required at regular or special meetings.  Rules or amendments to the rules must be adopted at a regular or special meeting of the commission.

4.  Notice of rulemaking.  Prior to promulgation and adoption of a final rule or rules by the commission, and at least 60 days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking:

A. On the website of the commission; and   [PL 2021, c. 331, §1 (NEW).]

B. On the website of each state psychology regulatory authority or the publication in which each state would otherwise publish proposed rules.   [PL 2021, c. 331, §1 (NEW).]

The notice of proposed rulemaking must include the proposed time, date and location of the meeting in which the rule will be considered and voted upon; the text of the proposed rule or amendment and the reason for the proposed rule or amendment; a request for comments on the proposed rule from any interested person; and the manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments. Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions and arguments, which must be made available to the public.  

5.  Public hearing.  The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:

A. At least 25 persons who submit comments independently of each other;   [PL 2021, c. 331, §1 (NEW).]

B. A governmental subdivision or agency; or   [PL 2021, c. 331, §1 (NEW).]

C. A duly appointed person from an association that has at least 25 members.   [PL 2021, c. 331, §1 (NEW).]

6.  Notice of public hearing.  If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time and date of the scheduled public hearing.

A. All persons wishing to be heard at the hearing must notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than 5 business days before the scheduled date of the hearing.   [PL 2021, c. 331, §1 (NEW).]

B. Hearings must be conducted in a manner that provides each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.    [PL 2021, c. 331, §1 (NEW).]

C. A transcript of the hearing is not required, unless a written request for a transcript is made. The person requesting the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This paragraph does not preclude the commission from making a transcript or recording of the hearing if it so chooses.   [PL 2021, c. 331, §1 (NEW).]

D. Nothing in this subsection may be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this subsection.   [PL 2021, c. 331, §1 (NEW).]

7.  Written comments.  Following the scheduled hearing date or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.

8.  Final action.  The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rule-making record and the full text of the rule.

9.  Adoption of rule without hearing.  If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing.

10.  Emergency rules.  Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment or hearing. The usual rule-making procedures provided in the compact and in this section must be retroactively applied to the rule as soon as reasonably possible and in no event later than 90 days after the effective date of the rule. For the purposes of this subsection, an emergency rule is one that must be adopted immediately in order to:

A. Meet an imminent threat to public health, safety or welfare;   [PL 2021, c. 331, §1 (NEW).]

B. Prevent a loss of commission or compact state funds;   [PL 2021, c. 331, §1 (NEW).]

C. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or   [PL 2021, c. 331, §1 (NEW).]

D. Protect public health and safety.   [PL 2021, c. 331, §1 (NEW).]

11.  Revisions.  The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors. Public notice of any revisions must be posted on the website of the commission. The revision is subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule.

A challenge must be made in writing and delivered to the chair of the commission prior to the end of the notice period. If a challenge is not made, the revision takes effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.