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Maine State Legislature MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from electronic originals (may include minor formatting differences from printed original) STATE OF MAINE OFFICE OF THE SECRETARY OF STATE MATTHEW DUNLAP SECRETARY OF STATE February I, 2016 Mr. Grant Pennoyer, Executive Director Maine State Legislative Council 115 State House Station Augusta, ME 04333-0115 Dear Mr. Pennoyer, Maine Revised Statutes Title 5, §8053-A, sub-§5, provides that by February I ' 1 of each year, the Secretary of State shall provide the Executive Director of the Legislative Council with lists, by agency, of all rules adopted by each agency in the previous calendar year. I am pleased to present the report for 2015. The list must include, for each rule adopted, the following information: A) The statutory authority for the rule and the rule chapter number and title; B) The principal reason or purpose for the rule; C) A written statement explaining the factual and policy basis for each rule; D) Whether the rule was routine technical or major substantive; E) If the rule was adopted as an emergency; and F) The fiscal impact of the rule. In 2015, there were 260 rules adopted by 22 agencies. Following is a list of the agencies with the number of rules adopted: Agency Total Routine Major Emergency Non Rules Technical Substantive Emergency Department of Agriculture, Conservation 39 36 3 12 27 and Forestry Department of Professional and Financial 40 40 0 0 40 Regulation Department of Corrections 5 5 0 3 2 Department of Education 12 II I I II Department of Environmental Protection 26 24 2 I 25 Department of Inland Fisheries and II II 0 0 II Wildlife Department of Health and Human 42 39 3 7 35 Services Department of Labor 2 2 0 0 2 Department of Marine Resources 28 28 0 7 21 Department of Public Safety 2 I I 0 2 148 STATE HOUSE STATION • AUGUSTA, MAINE • 04333~0148 • TELEPHONE: (207) 626-8400 • FAX: (207) 287-8598 Agency Total Routine Major Emergency Non Rules Technical Substantive Emergency Department of Transportation 7 6 I 0 7 Department of Administrative and 15 15 0 0 15 Financial Services Depm1ment of Economic and I I 0 0 I Community Development Secretary of State 4 4 0 0 4 Public Utilities Commission 11 10 I 0 11 Workers' Compensation Board 3 3 0 0 3 Maine Health Data Organization 2 2 0 0 2 Commission on Governmental Ethics and I I 0 0 I Election Practices Baxter State Park Authority I I 0 0 I Finance Authority of Maine 3 3 0 I 2 Commission on Indigent Legal Services 2 0 2 1 I Maine State Housing Authority 3 3 0 0 3 Totals for 2015 260 246 14 33 227 The report is presented in multiple files: I) An Excel spreadsheet, sorted by agency, that includes for each rule-- the agency name and umbrella unit and the rule chapter number, title, statutory authority, effective date, the rule type (i.e. routine teclmical or major substantive) and whether the rule is an emergency rule. The internal log number used by the APA office is also included so that this Bmeau can easily find the complete filing if requested; and 2) A Word document for each agency that includes the above information for each rule, as well as the principal reason or purpose for adopting the rule, the basis statement and the fiscal impact of the rule. This information was extracted from the documentation that is required to be filed with our office for each adoption. If further information is requested for any rule, our office can provide the complete filing which includes additional information including the dates and locations of any hearings held on the proposed rules and public comments received regarding the rule. If you have a11y questions regarding the Administrative Procedure Act, please contact me at 626-8400 or Julie Flynn, Deputy Secretary of State at the Bureau of Corporations, Elections and Commissions at 624-7650. Sincerely, Annual List of Rule-making Activity Rules Adopted 1/1/2015 to 12/31/2015 Prepared by the Secretary of State Umbrella/ Chapter Statutory Type of Log # Agency name Rule title Emergency Effective date unit number authority rule Department of Agriculture, Conservation and The Returnable Beverage Container 32 MRS ch. 28 Routine 2015-007 01-001 Ch. 360 No 01/21/15 Forestry Law §§1861-1872 Technical Department of Agriculture, Conservation and Maine Milk Pool - Cost of Routine 2015-118 01-001 Forestry (working with the Maine Milk Ch. 61 7 MRS §3154 No 08/01/15 Administration Technical Commission) Department of Agriculture, Conservation and The Returnable Beverage Container 32 MRS ch. 28 §§ Routine 2015-133 01-001 Ch. 360 No 07/21/15 Forestry Law 1861-1872 Technical 2013 PL Ch. 403; Department of Agriculture, Conservation and Rules for Operation of Potato 10 MRS Ch. 110 Routine 2015-203 01-001 Ch. 31 No 11/02/15 Forestry Marketing Improvement Fund §1023-N; 7 MRS Technical ch. 103 Art. 1-A Department of Agriculture, Conservation and Schedule of Minimum Prices, Order 5 MRS §8054, 7 Routine 2015-012 01-015 Ch. 3 Yes 02/01/15 Forestry, Maine Milk Commission #02-15 MRS §2954 Technical Department of Agriculture, Conservation and Schedule of Minimum Prices, Order 5 MRS §8054, 7 Routine 2015-019 01-015 Ch. 3 Yes 03/01/15 Forestry, Maine Milk Commission #03-15 MRS §2954 Technical Department of Agriculture, Conservation and Schedule of Minimum Prices, Order 5 MRS §8054, 7 Routine 2015-050 01-015 Ch. 3 Yes 03/29/15 Forestry, Maine Milk Commission #04-15 MRS §2954 Technical Department of Agriculture, Conservation and Schedule of Minimum Prices, Order 5 MRS §8054, 7 Routine 2015-079 01-015 Ch. 3 Yes 05/03/15 Forestry, Maine Milk Commission #05-15 MRS §2954 Technical Department of Agriculture, Conservation and Schedule of Minimum Prices, Order 5 MRS §8054, 7 Routine 2015-102 01-015 Ch. 3 Yes 05/31/15 Forestry, Maine Milk Commission #06-15 MRS §2954 Technical Department of Agriculture, Conservation and Schedule of Minimum Prices, Order 5 MRS §8054, 7 Routine 2015-117 01-015 Ch. 3 Yes 06/28/15 Forestry, Maine Milk Commission #07-15 MRS §2954 Technical Department of Agriculture, Conservation and Schedule of Minimum Prices, Order 5 MRS §8054, 7 Routine 2015-137 01-015 Ch. 3 Yes 08/02/15 Forestry, Maine Milk Commission #08-15 MRS §2954 Technical Department of Agriculture, Conservation and Schedule of Minimum Prices, Order 5 MRS §8054, 7 Routine 2015-157 01-015 Ch. 3 Yes 08/30/15 Forestry, Maine Milk Commission #09-15 MRS §2954 Technical Page 1 of 60 Annual List of Rule-making Activity Rules Adopted 1/1/2015 to 12/31/2015 Prepared by the Secretary of State Umbrella/ Chapter Statutory Type of Log # Agency name Rule title Emergency Effective date unit number authority rule Department of Agriculture, Conservation and Schedule of Minimum Prices, Order 5 MRS §8054, 7 Routine 2015-177 01-015 Ch. 3 Yes 10/04/15 Forestry, Maine Milk Commission #10-15 MRS §2954 Technical Department of Agriculture, Conservation and Schedule of Minimum Prices, Order 5 MRS §8054, 7 Routine 2015-200 01-015 Ch. 3 Yes 11/01/15 Forestry, Maine Milk Commission #11-15 MRS §2954 Technical Department of Agriculture, Conservation and Schedule of Minimum Prices, Order 5 MRS §8054, 7 Routine 2015-229 01-015 Ch. 3 Yes 11/29/15 Forestry, Maine Milk Commission #12-15 MRS §2954 Technical Department of Agriculture, Conservation and Routine 2015-254 01-015 Ch. 29 Dealer Margins 7 MRS §2954 No 12/26/15 Forestry, Maine Milk Commission Technical Department of Agriculture, Conservation and Ch. 3, Schedule of Minimum Prices, 5 MRS §8054, 7 Routine 2015-260 01-015 Ch. 3 Yes 01/03/16 Forestry, Maine Milk Commission Order #01-16 MRS §2954 Technical Department of Agriculture, Conservation and 8 MRS §§ 263-A, Routine 2015-090 01-017 Forestry, Maine State Harness Racing Ch. 17 Rule Violations; Penalties No 05/18/15 268, 279-A, B Technical Commission Department of Agriculture, Conservation and 8 MRS §§ 263-A; Ch. 9, Sire Stakes: Section 5, Purse Routine 2015-259 01-017 Forestry, Maine State Harness Racing Ch. 9 268; 279-A, 279- No 12/26/15 Structure, Sub-section 2 Technical Commission B, 281 Standards for Outdoor Application of Department of Agriculture, Conservation and Pesticides by Posered Equipment in 7 MRS §610(2), Major 2015-075 01-026 Ch. 22 No 05/24/15 Forestry, Board of Pesticides Control Order to Minimize Off-Target 22 MRS §1471-M Substantive Deposition Department of Agriculture, Conservation and Notification Provisions for Outdoor 22 MRS §1471- Major 2015-076 01-026 Ch. 28 No 05/24/15 Forestry, Board of Pesticides Control Pesticide Applications M(2)(D) Substantive Department of Agriculture, Conservation and Certification and Licensing Routine 2015-168 01-026 Ch. 31 22 MRS §1471-D No 09/23/15 Forestry, Board of Pesticides Control Provisions / Commercial Applicators Technical Department of Agriculture, Conservation and Certification and Licensing Routine 2015-169 01-026 Ch. 34 22 MRS §1471-D No 09/23/15 Forestry, Board of Pesticides Control Provisions / Pesticide Dealers Technical Page 2 of 60 Annual List of Rule-making Activity Rules Adopted 1/1/2015 to 12/31/2015 Prepared by the Secretary of State Umbrella/ Chapter Statutory Type of Log # Agency name Rule title Emergency Effective date unit number authority rule Department of Agriculture, Conservation and Certification and Licensing Routine 2015-170 01-026 Ch.
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