Maine State Legislature  Office of Policy and Legal Analysis An Office of the Legislative Council

The Deadline for Submission of Provisionally Adopted Major Substantive Rules for the Second Regular Session of the 125th Legislature is 5 pm, FRIDAY, JANUARY 13, 2012

MAJOR SUBSTANTIVE RULES

A rule is a judicially enforceable standard, requirement or statement adopted by a state agency in order to provide details about the implementation or interpretation of a statute, or to describe internal agency procedures.  Rules must be consistent with the statute under which they are adopted.   

Beginning January 1, 1996, when the Legislature enacts a statute giving rulemaking authority to a state agency, the statute must specify whether the rule is “routine technical” or “major substantive.”  If the statute does not specify, the rule is usually treated as routine technical. If the rule was adopted under authority granted to the agency before January 1, 1996, the rule is also treated like a routine technical rule.  

Major substantive rules are rules that, in the judgment of the Legislature:

•   require the exercise of significant agency discretion or interpretation in drafting; or

• due to the subject matter or anticipated impact, are reasonably expected to result in a significant increase in the cost of doing business, a significant reduction in property values, the loss or significant reduction of government benefits or services, the imposition of state mandates on units of local government as defined in the Constitution of Maine, Article IX, Section 21, or other serious burdens on the public or units of local government.

To adopt a major substantive rule, the agency must follow the same process as for a routine technical rule, except that instead of finally adopting the rule at the end of the process, the agency provisionally adopts the rule.  It must then submit the rule to the Legislature for review before finally adopting the rule except to the extent the rule is required by federal law or required to qualify for federal funds.

• OPLA Summary of Major Substantive Rules Process

• Major Substantive Rule Statutory Law

• Agency Filing Requirements

• Agency Filing Deadlines

• Summary Chart of Major Substantive Rules Authorized by the Legislature 

For questions about major substantive rules, please contact Marion Hylan Barr at 287-1670.

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