1. Requirements. With respect to every rule adopted or, in the case of a major substantive rule, finally adopted, an agency shall: A. Submit the rule to the Attorney General for approval as to form and legality; [PL 1977, c. 551, §3 (NEW).] B. After the rule is approved by the Attorney General as to form and legality pursuant to paragraph A, file with the Secretary of State, using a form or forms or an electronic filing platform prescribed by the Secretary of State, the adopted rule and any other filing documentation as is required by the Secretary of State. The adopted rule and all other filing documentation must be in a format approved by the Secretary of State; and [PL 2025, c. 384, §19 (AMD).] C. Provide, without cost or at actual cost, a paper copy of each such rule to any person who requests a paper copy. [PL 2025, c. 384, §19 (AMD).] D. [PL 2025, c. 384, §19 (RP).] [PL 2025, c. 384, §19 (AMD).] 2. Form. [PL 2025, c. 384, §19 (RP).] 2-A. Incorporation by reference. Through rulemaking, an agency may incorporate by reference into a rule all or any part of a code, standard, rule or regulation that has been adopted by an agency of the United States or of this State or by a nationally recognized organization or association. A. The reference in the agency rule must fully identify the incorporated matter by exact title, edition or version and date of publication. [PL 2025, c. 384, §19 (NEW).] B. The rule must state where copies of the incorporated matter are available at cost from the agency issuing the rule or where copies are available from the agency of the United States or this State or the organization or association that originally produced the incorporated matter. [PL 2025, c. 384, §19 (NEW).] C. An agency incorporating a matter by reference into a rule shall maintain a copy of the incorporated matter at its principal office. [PL 2025, c. 384, §19 (NEW).] [PL 2025, c. 384, §19 (NEW).] 3. Secretary of State. The Secretary of State shall maintain, and make available through the Secretary of State's publicly accessible website, electronic copies of the rules of each agency that are in effect. A. [PL 2025, c. 384, §19 (RP).] A-1. [PL 2025, c. 384, §19 (RP).] A-2. [PL 2025, c. 384, §19 (RP).] B. [PL 2025, c. 384, §19 (RP).] C. [PL 2025, c. 384, §19 (RP).] [PL 2025, c. 384, §19 (AMD).] 4. Additional requirements. [PL 2025, c. 384, §19 (RP).] 5. Record of vote. In addition to the foregoing and as applicable, each agency shall maintain, at its principal office, and make available for inspection to any person, a record of the vote of each member of the agency taken in rule-making proceedings. [PL 2025, c. 384, §19 (AMD).] 6. Attorney General review and approval. The review required in subsection 1, paragraph A may not be performed by any person involved in the formulation or drafting of the proposed rule. The Attorney General may not approve a rule if it is reasonably expected to result in a taking of private property under the Constitution of Maine unless such a result is directed by law or sufficient procedures exist in law or in the proposed rule to allow for a variance designed to avoid such a taking. [PL 2025, c. 384, §19 (AMD).] 7. Codification of rules. [PL 2025, c. 384, §19 (RP).] 8. Electronic text file procedures. [PL 2025, c. 384, §19 (RP).] 8-A. Electronic filing procedures. In accordance with subsection 1, the Secretary of State may establish, including by routine technical rules, procedures for the electronic filing of rules and rule- making documentation. If the Secretary of State implements an electronic filing platform through which rules and rule-making documentation and information specified in this Act are to be filed, that platform is the exclusive means through which rules and rule-making documentation may be filed, except as otherwise determined by the Secretary of State. An adopted rule that is filed by an agency through an electronic filing platform and accepted for filing by the Secretary of State is an official copy of the rule. [PL 2025, c. 384, §19 (NEW).] 9. Certification of adopted rules. The Secretary of State may certify that a paper or electronic copy of an adopted rule accepted for filing and maintained by the Secretary of State is an official copy of the rule. A. Certified paper copies of rules must be accompanied by a printed certificate of the Secretary of State stating that the publication is an official copy. A facsimile of the signature of the Secretary of State imprinted by or at the direction of the Secretary of State has the same validity as a written signature of the Secretary of State. [PL 2025, c. 384, §19 (AMD).] B. A paper copy of an adopted rule that has been certified by the Secretary of State constitutes prima facie evidence of the rule. [PL 2025, c. 384, §19 (AMD).] C. Any publication or copy of an adopted rule that is not certified by the Secretary of State: (1) May neither state nor imply that the publication or copy of the rule is an official copy of the rules; and (2) Must state in a conspicuous location information about where a certified copy of the rule may be obtained. [PL 2025, c. 384, §19 (AMD).] [PL 2025, c. 384, §19 (AMD).] 10. Minor errors. [PL 2025, c. 384, §19 (RP).] 10-A. Minor errors; updating words or terms. Without having to initiate rulemaking pursuant to this Act: A. At the request of or in consultation with an agency, the Secretary of State may correct minor, nonsubstantive errors in spelling and format in a proposed or adopted rule; and [PL 2025, c. 384, §19 (NEW).] B. At the request of an agency, the Secretary of State may update words or terms used in an existing rule for which new or more contemporary words or terms are used, including, for example, words or terms that are more respectful than those used in an existing rule. [PL 2025, c. 384, §19 (NEW).] [PL 2025, c. 384, §19 (NEW).]
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