Maine Legislature Maine Revised Statutes
  • Session Law
  • Statutes
  • Maine State Constitution
  • Information
  • §8051-B PDF
  • §8051-B MS-Word
  • Statute Search
  • Ch. 375 Contents
  • Title 5 Contents
  • List of Titles
  • Maine Law & Disclaimer
  • Revisor's Office
  • Maine Legislature
§8051-A
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18: ADMINISTRATIVE PROCEDURES
Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT
Subchapter 2: RULEMAKING
§8052

§8051-B. Consensus-based rule development process

1.  Agency authority.  An agency may voluntarily engage in a consensus-based rule development process. An agency that develops a draft rule through a consensus-based rule development process retains the sole discretion over whether to submit the rule as a proposed rule and as to the final language of the proposed rule.  
[PL 1999, c. 307, §2 (NEW).]
2.  Initial considerations.  As part of a consensus-based rule development process, an agency shall:  
A. Establish a representative group of participants with an interest in the subject of the rulemaking;   [PL 1999, c. 307, §2 (NEW).]
B. Develop ground rules for the operation of the consensus-based rule development process that are mutually acceptable to the agency and the participants;   [PL 1999, c. 307, §2 (NEW).]
C. Disclose the funding and time constraints on the agency;   [PL 1999, c. 307, §2 (NEW).]
D. Give prior notice of all meetings to the representative group of participants and establish a mechanism for other interested parties to receive notice and information regarding all meetings;   [PL 1999, c. 307, §2 (NEW).]
E. Select an agency employee or another individual contracted by the agency to chair or facilitate the meetings; and   [PL 1999, c. 307, §2 (NEW).]
F. Distribute a summary and submitted materials from all meetings to the representative group of participants and other interested parties.   [PL 1999, c. 307, §2 (NEW).]
[PL 1999, c. 307, §2 (NEW).]
3.  Record.  An agency that engages in a consensus-based rule development process that results in a proposed rule shall maintain:  
A. A list of all meetings held, the participants at each meeting and the interests or organizations they represented;   [PL 1999, c. 307, §2 (NEW).]
B. A summary of each of the meetings; and   [PL 1999, c. 307, §2 (NEW).]
C. A description by the agency of the consensus-based rule development process and an analysis of the decisions that came out of that process, including the extent to which consensus was reached on the decisions.   [PL 1999, c. 307, §2 (NEW).]
[PL 1999, c. 307, §2 (NEW).]
4.  Judicial review.  An agency action to engage in or terminate a consensus-based rule development process is not subject to judicial review. This section does not bar judicial review of a rule finally adopted by an agency following a consensus-based rule development process if such a review is otherwise available by law as long as the basis for review is other than procedural error in the consensus-based rule development process.  
[PL 1999, c. 307, §2 (NEW).]
SECTION HISTORY
PL 1999, c. 307, §2 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public.
If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes · 7 State House Station · State House Room 108 · Augusta, Maine 04333-0007
Data for this page extracted on 1/07/2025 11:10:17.
Maine Government
Legislature • Executive • Judicial • Agency Rules
Visit the State House
Tour Guide • Accessibility • Security Screening • Directions & Parking
Email
Office of the Revisor of Statutes