(Last updated May 8, 2025)
Many agencies of Maine State government are at times authorized or required by law to adopt rules to implement State laws and policies. This Frequently Asked Questions page provides answers to common questions about State agency rulemaking.
For the purposes of this FAQ page, unless the context implies otherwise, the word “create” means to promulgate, amend, repeal and replace, or repeal a rule.
The following special notice was requested by the Staff Attorney of the Office of Licensing and Registration, Department of Professional and Financial Regulation:
"Pursuant to 10 MRSA § 8003(2-A)(D), the fees contained in this chapter are superseded by the fees established in Chapter 10 of the rules of the Department of Professional and Financial Regulation, Office of Licensing and Registration."
Pubic Input for Rules: A list of state agency rule proposals is published here each Wednesday. You can get a copy of a proposed rule by contacting the person listed in the notice. You can comment on a proposed rule by submitting a written comment to the agency or by attending the public hearing, if one is scheduled. If no hearing is scheduled, you can request one. The agency must hold a hearing if it receives 5 or more requests. If you have a disability and need assistance to participate in a hearing you should tell the agency at least 7 days before the hearing.
The Maine Administrative Procedure Act ("MAPA"; "Act") governs rulemaking conducted by State of Maine agencies and is codified in Title 5 of the Maine Revised Statutes at sections 8001 through 11116. The MAPA, which was first enacted in 1977 and has been amended multiple times since, establishes the process that State of Maine agencies must follow when they propose and adopt rules that they are to administer and enforce.
The document linked below lists the State of Maine Agency rulemaking liaisons who have been appointed pursuant to 5 M.R.S. sec. 8051-A:
State of Maine Agency Rulemaking Liaisons (Word) (Updated August 6, 2025)
Secretary of State posts notices of all proposed and adopted rules. Agencies, on its website, either post its own proposed and adopted rules or links to the Secretary of State's website.
Notice of each rule making proceeding is published on the Secretary of State's website 17 to 24 days prior to the public hearing or at least 30 days prior to the last date public comments may be submitted if no public hearing was scheduled.
The statutory definition (5 MRS sec. 8002 sub-sec. 9) is important because it triggers the application of the rulemaking procedures as described below. There are two parts to the definition of "rule." The first describes a "rule" in broadly inclusive terms:
If a Maine state agency plans any changes to its rule chapters during the coming year, it must file with the Secretary of State an "annual regulatory agenda" under the provisions of 5 MRS Section 8060. The filing deadline is 100 days after the end of the regular legislative session, so it varies from year to year.
