29- 250 C.M.R. ch. 800, § 2
Rather than amend small parts of a chapter, agencies are encouraged to repeal and replace the entire chapter. Many potential errors are avoided by working with the entire chapter.
If the only changes to a rule already on file in electronic text format involve renumbering and minor corrections -- that is, there are no substantive changes to the rule's text -- the corrections can be accomplished administratively at any time by the APA Office without engaging in the proposal and adoption process. Non-substantive changes include, but are not limited to: headnotes and the correction of spelling, format, and numbering; and the updating of agency names, addresses and phone numbers, and statutory and other legal references.
The submissions of 20 copies of the rule-making Fact Sheet to the Executive Director of the Legislative Council, as described in the Administrative Procedure Act, is a separate activity performed by the agency and not the APA Office.
The proposal package must contain:
The proposal submission will consist of a single file in electronic text format, containing the text of the proposal.
Complete repeal and replace of the entire chapter is preferred, but if the agency wants to restrict its action to only part of a rule, it may submit only the full section or sections of the rule that are being amended, with changes clearly marked using underlines for added language, and strikeouts for language to be deleted.
If submitted on diskette, the diskette should be clearly labeled with the agency's name, rule chapter number and title, and date.
The agency must follow all the provisions of the Administrative Procedure Act regarding a public comment period and hearing provisions. In addition, the APA Office may post the rule proposal for public access through electronic means at its discretion.
Rule adoptions are processed in the following manner:
The certification statement, signed by the rule-making authority on the MAPA-1 form, will read: "I, (name of official empowered to adopt rules), hereby certify that the electronic text identified as follows:
Filename.ExtensionSizeDateTime
(the appropriate information)
is a true copy of the rule(s) described above. I further certify that all portions of this rule are adopted in compliance with the requirements of the Maine Administrative Procedure Act. (Name of agency, official's signature, date of signature)."
In submitting the final version of an amended rule, the agency must submit an electronic copy of the chapter or section as it existed before the proposal, annotated with changes surviving from the original proposal, from public comment, and from legislative action if any. Deleted language is indicated by strikeout. Added language is indicated by underlines.
There follows a description of the entire adoption package, both paper and electronic items that must be filed.
The adopted rule, a single file containing the text of the rule or amended portion of the rule. A copy goes directly into the read-only Historical File.
The APA Office must return an electronic copy of the adopted chapter, incorporating any amendments, to the agency as its officially adopted rule identified by filename, file size, and file date. The APA Office must also return one of the signed paper MAPA-1 adoption forms stamped and dated "Accepted for Filing." Any non-substantive change by the Secretary of State affecting the size, date and time of the file will be described for the agency's information.
The agency must carefully proofread the printed copy and, within thirty (30) working days of the date "Accepted for Filing" on the MAPA-1 form returned to the agency, notify the APA Office of any errors or omissions in the text.
29- 250 C.M.R. ch. 800, § 2