65- 407 C.M.R. ch. 110, § 6

Current through 2024-25, June 19, 2024

Section 407-110-6 - RULEMAKING

A.Governing Procedure

The Commission may initiate a rulemaking proceeding on its own motion or in response to a petition filed in accordance with 5 M.R.S.A. §8055. Rulemaking proceedings shall be governed by subchapter II of the Maine Administrative Procedure Act, 5 M.R.S.A. §§8051 - 8074 and by the additional procedures set forth in this part.

B.Petition for Adoption or Modification of Rule

1. Any person may petition the Commission for the adoption or modification of any rule.

2. A petition filed under this section shall be in writing and shall include the following:

a. the complete text of the proposed rule, if adoption of a new rule is requested, or a clear specification of the exact text of all proposed amendments to an existing rule, showing additions and deletions;

b. a detailed statement of the legal, factual and policy basis of the proposed rule or amendments;

c. the signatures of all persons joining in the petition;

d. the printed names and full mailing addresses of each person signing the petition; and

e. the name, address and telephone number of either one person or an organization with an established office and address designated as the person with whom the Commission may communicate on all matters affecting the proposed rule or modification.

3. Within 60 days of filing of a petition, the Commission shall either notify the petitioner in writing of its denial, stating the reasons therefore, or initiate a rulemaking proceeding; provided, however, that a rulemaking proceeding shall be initiated if the petition is signed by 150 or more registered voters, whose signatures had been verified and certified in accordance with 21-A M.R.S.A. §354(7), prior to the filing of the petition.

4. When the Commission gives notice of a rulemaking proceeding that has been initiated by petition, such notice shall include a statement that the proposed rule or amendment is being proposed by a petitioner or group of petitioners and it shall state the name of the person or organization designated on the petition pursuant to paragraph (b)(5) above.

65- 407 C.M.R. ch. 110, § 6