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Agency Rulemaking Petition - Maine

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PETITION FOR RULEMAKING — MAINE

IMPORTANT NOTICE

This template is designed for use under Maine's Administrative Procedure Act (APA), codified at 5 M.R.S.A. § 8001 et seq. Under 5 M.R.S.A. § 8055, any person may petition an agency for the adoption or modification of any rule. The agency must respond within 60 days by either initiating rulemaking proceedings or denying the petition in writing with stated reasons.

Critical Threshold: Petitions signed by 150 or more registered voters of the State of Maine trigger a mandatory obligation for the agency to initiate rulemaking within 60 days. Petitions with fewer than 150 registered voter signatures may be granted or denied at the agency's discretion.

This document must be reviewed by a licensed Maine attorney before filing.

SECTION 1: COVER LETTER

[__/__/____]

[________________________________]
[Commissioner/Director/Agency Head Title]
[________________________________]
[Agency Name]
[________________________________]
[Agency Street Address]
[________________________________]
[City], Maine [____]

Via: ☐ Hand Delivery ☐ Certified Mail, Return Receipt Requested ☐ Electronic Filing (if accepted by agency)

Re: Petition for Rulemaking Under 5 M.R.S.A. § 8055

Dear [________________________________]:

On behalf of [________________________________] ("Petitioner(s)"), I respectfully submit the enclosed Petition for Rulemaking requesting that [________________________________] ("Agency") initiate rulemaking proceedings to:

☐ Adopt a new rule concerning [________________________________]
☐ Amend existing rule [____] CMR Ch. [____], § [____]
☐ Repeal existing rule [____] CMR Ch. [____], § [____]

This petition is filed pursuant to 5 M.R.S.A. § 8055, which provides that any person may petition an agency for the adoption or modification of any rule. This petition is accompanied by:

☐ Signatures of [____] registered voters of the State of Maine (triggering mandatory rulemaking obligation under § 8055(3))
☐ Individual petition without voter signature threshold

Petitioner(s) respectfully request that the Agency acknowledge receipt of this petition and, within 60 days, either initiate appropriate rulemaking proceedings or provide a written denial with stated reasons as required by § 8055(3).

Respectfully submitted,

[________________________________]
[Printed Name]
[________________________________]
[Bar Number, if applicable]
[________________________________]
[Firm/Organization Name]
[________________________________]
[Street Address]
[________________________________]
[City], Maine [____]
[________________________________]
[Telephone]
[________________________________]
[Email Address]

SECTION 2: FORMAL PETITION FOR RULEMAKING

BEFORE THE [________________________________]

STATE OF MAINE

PETITION FOR ADOPTION / AMENDMENT / REPEAL OF RULE
Filed Pursuant to 5 M.R.S.A. § 8055

Petition No.: [________________________________] (Agency to assign)
Date Filed: [__/__/____]

2.1 Petitioner Information

Field Information
Petitioner Name(s) [________________________________]
Organization/Entity [________________________________]
Mailing Address [________________________________]
City, State, ZIP [________________________________], Maine [____]
Telephone [________________________________]
Email [________________________________]
Counsel (if any) [________________________________]
Counsel Bar No. [________________________________]

2.2 Nature of Petition

☐ Standard Petition — Filed by an individual or organization without the 150-voter threshold. Agency has discretion to grant or deny within 60 days.

☐ Voter Petition (150+ Registered Voters) — Filed with signatures of 150 or more registered voters of the State of Maine. Under 5 M.R.S.A. § 8055(3), the agency shall initiate appropriate rulemaking proceedings within 60 days.

Number of registered voter signatures attached: [____]

2.3 Petitioner's Interest

Describe the specific nature of the Petitioner's interest in the requested rulemaking:

☐ Individual directly affected by the existing or proposed rule
☐ Business or organization subject to the agency's regulatory jurisdiction
☐ Trade association representing affected members
☐ Public interest organization
☐ Elected official or governmental entity
☐ Registered voters of the State of Maine
☐ Other (describe): [________________________________]

[________________________________]
[________________________________]
[________________________________]

2.4 Agency Identification

Field Information
Agency Name [________________________________]
Bureau/Division [________________________________]
Commissioner/Director [________________________________]
Applicable CMR Chapter [____] CMR Ch. [____]

2.5 Action Requested

Petitioner requests that the Agency:

☐ Adopt a new rule under [____] CMR Ch. [____]
☐ Amend existing rule [____] CMR Ch. [____], § [____]
☐ Repeal existing rule [____] CMR Ch. [____], § [____]

Brief description of the requested action:

[________________________________]
[________________________________]
[________________________________]

SECTION 3: STATEMENT OF NEED

3.1 Current Problem or Deficiency

Describe the current regulatory gap, problem, or outdated provision this petition seeks to address:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

3.2 Persons or Entities Affected

Identify the persons, businesses, or entities adversely affected by the current situation:

[________________________________]
[________________________________]
[________________________________]

3.3 Scope and Severity

Provide data, statistics, or specific examples demonstrating the magnitude of the issue:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

3.4 Inadequacy of Current Rules

Explain why the existing rules are insufficient or why no rule currently addresses the problem:

[________________________________]
[________________________________]
[________________________________]

3.5 What the Petitioner Hopes to Accomplish

(Required by Maine SOS petition procedures — explain the desired outcome of the rule change)

[________________________________]
[________________________________]
[________________________________]
[________________________________]

3.6 Urgency

Describe any time-sensitive factors favoring prompt rulemaking:

[________________________________]
[________________________________]

SECTION 4: PROPOSED RULE LANGUAGE

4.1 Text or Wording of the Desired Change

(Required by Maine SOS petition procedures — provide the specific text or wording of the desired rule change)

Rule Reference: [____] CMR Ch. [____], § [____]

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

4.2 Explanation of Proposed Text

Provide a section-by-section explanation of the proposed rule language:

Section Purpose and Effect
[________________________________] [________________________________]
[________________________________] [________________________________]
[________________________________] [________________________________]

4.3 Consistency Check

Before filing, the Petitioner should confirm (per Maine SOS guidance):

☐ The proposed rule change does not conflict with another state or federal law
☐ The proposed rule change does not extend beyond the authorization of the agency to make the desired change
☐ The Petitioner has contacted the agency to discuss the proposed change (recommended but not required)

4.4 Alternative Approaches Considered

[________________________________]
[________________________________]
[________________________________]

SECTION 5: LEGAL AUTHORITY ANALYSIS

5.1 Statutory Authority for Agency Rulemaking

Identify the specific statutory provisions that authorize the Agency to adopt the proposed rule:

Statute Provision Relevance
[____] M.R.S.A. § [____] [________________________________] [________________________________]
[____] M.R.S.A. § [____] [________________________________] [________________________________]
[____] M.R.S.A. § [____] [________________________________] [________________________________]

5.2 Petition Authority Under § 8055

This petition is filed pursuant to 5 M.R.S.A. § 8055, which provides:

  • Subsection 1: Any person may petition an agency for the adoption or modification of any rule
  • Subsection 2: Each agency shall establish procedures for petition submission, review, and handling
  • Subsection 3: Within 60 days after receipt, the agency must either deny the petition in writing with reasons or initiate rulemaking proceedings
  • Subsection 3 (150-Voter Threshold): When a petition is submitted by 150 or more registered voters, the agency shall initiate appropriate rulemaking proceedings within 60 days

5.3 Federal Law Considerations

☐ No federal law considerations apply
☐ The proposed rule is consistent with applicable federal law, specifically:

[________________________________]
[________________________________]

5.4 Consistency with Existing Maine Rules

Explain how the proposed rule interacts with existing rules:

[________________________________]
[________________________________]
[________________________________]

SECTION 6: IMPACT ANALYSIS

6.1 Economic Impact

Impact Category Estimated Cost Estimated Benefit
Regulated entities $[________________________________] $[________________________________]
State government $[________________________________] $[________________________________]
Local government $[________________________________] $[________________________________]
Consumers/Public $[________________________________] $[________________________________]
Net Impact $[________________________________] $[________________________________]

6.2 Small Business Impact

Describe the impact on Maine small businesses:

[________________________________]
[________________________________]
[________________________________]

6.3 Environmental Impact

☐ No environmental impact anticipated
☐ Environmental impact analysis:

[________________________________]
[________________________________]

6.4 Impact on State Revenues

[________________________________]
[________________________________]

6.5 Impact on Municipal Governments

[________________________________]
[________________________________]

SECTION 7: PUBLIC INTEREST ARGUMENTS

7.1 Public Health and Safety

[________________________________]
[________________________________]
[________________________________]

7.2 Consumer Protection

[________________________________]
[________________________________]

7.3 Environmental Protection

[________________________________]
[________________________________]

7.4 Economic Development

[________________________________]
[________________________________]

7.5 Equity and Fairness

[________________________________]
[________________________________]

7.6 Government Accountability

[________________________________]
[________________________________]

7.7 Summary of Public Interest Factors

[________________________________]
[________________________________]
[________________________________]

SECTION 8: SUPPORTING EVIDENCE

8.1 Exhibit List

Exhibit Description Pages
Exhibit A [________________________________] [____]
Exhibit B [________________________________] [____]
Exhibit C [________________________________] [____]
Exhibit D [________________________________] [____]
Exhibit E [________________________________] [____]

8.2 Types of Evidence Submitted

☐ Factual data and statistical analyses
☐ Technical studies or scientific reports
☐ Economic impact analyses
☐ Expert declarations or affidavits
☐ Stakeholder support letters
☐ Comparative analysis of other states' approaches
☐ Legislative history or committee reports
☐ Agency guidance documents
☐ Court decisions
☐ Registered voter signature pages (if applicable)
☐ Other: [________________________________]

8.3 Voter Signature Pages (If Applicable)

If this petition includes signatures of 150 or more registered voters:

☐ Signature pages are attached as Exhibit [____]
☐ Each signatory has provided their printed name, signature, municipality of residence, and date
☐ Signatures are verified per Title 21-A standards
☐ Total number of registered voter signatures: [____]

SECTION 9: FILING INSTRUCTIONS

9.1 Maine-Specific Filing Requirements

☐ Contact the agency before filing to confirm the petition does not conflict with state or federal law and does not exceed the agency's rulemaking authority (per Maine SOS guidance)
☐ Complete the agency's petition cover sheet (if the agency has a specific form)
☐ Include the text or wording of the desired rule change
☐ Explain what the petitioner hopes to accomplish
☐ Attach signature pages if seeking the 150-voter mandatory threshold
☐ File with the agency head or designated rulemaking contact

9.2 Maine Secretary of State Resources

The Maine Secretary of State maintains rulemaking information at:

  • Rulemaking homepage: https://www.maine.gov/sos/rulemaking
  • Guide to Rulemaking: https://www.maine.gov/sos/rulemaking/information-about-rulemaking/guide-to-rulemaking
  • Agency filing requirements and forms

9.3 Filing Checklist

☐ Petition is complete and signed
☐ Proposed rule text is included in full
☐ Statement of need is factually supported
☐ Legal authority citations verified
☐ All exhibits properly labeled and attached
☐ Cover letter addressed to correct agency official
☐ Proof of delivery arranged
☐ Copy retained for Petitioner's records
☐ Calendar reminder set for 60-day response deadline
☐ Voter signatures verified (if applicable)

SECTION 10: AGENCY RESPONSE REQUIREMENTS

10.1 Statutory Timeline

Under 5 M.R.S.A. § 8055(3), within 60 days after receipt of the petition, the agency must:

Option 1: Deny the petition

  • Notify the petitioner in writing
  • State the reasons for denial

Option 2: Initiate rulemaking

  • Begin appropriate rulemaking proceedings under 5 M.R.S.A. § 8052

10.2 Mandatory Rulemaking Trigger (150-Voter Petitions)

When a petition is submitted by 150 or more registered voters of the State of Maine:

  • The agency shall initiate appropriate rulemaking proceedings within 60 days
  • The agency does not have discretion to deny such a petition
  • Voter signatures must be verifiable under Title 21-A standards

10.3 Special Provisions — Department of Corrections

Under § 8055(4), the Department of Corrections must initiate rulemaking within 60 days for petitions signed by 150 or more incarcerated persons or 25% of a facility's population (whichever is fewer). This does not apply if an identical petition was received within the prior 12 months.

10.4 If the Agency Fails to Respond

If the agency does not respond within 60 days:

  • Send a follow-up letter demanding a response
  • Document the failure for potential judicial review
  • Consider contacting the Legislature's Government Oversight Committee

SECTION 11: APPEAL OF DENIAL

11.1 Judicial Review

Under Maine law, denial of a rulemaking petition may be subject to judicial review:

  • Governing Statute: 5 M.R.S.A. § 11001 et seq. (judicial review of agency action)
  • Standard of Review: Abuse of discretion; arbitrary and capricious
  • Filing: Petition for judicial review filed in Maine Superior Court
  • Limitations Period: Generally 30 days from the final agency decision

11.2 Alternative Remedies After Denial

☐ Resubmit a revised petition addressing the agency's stated reasons for denial
☐ Gather 150+ registered voter signatures (if not already done) to trigger mandatory rulemaking
☐ Request a meeting with the Commissioner or agency head
☐ Contact the Legislature's relevant committee for oversight
☐ Pursue legislative action mandating the regulatory change
☐ Seek a declaratory judgment in Superior Court

11.3 Timeline Summary

Action Deadline
Agency response due 60 days from receipt of petition
Petition for judicial review 30 days from agency denial
Resubmission (revised petition) No statutory limit

SECTION 12: DOCUMENT CHECKLIST

Pre-Filing Checklist

☐ Researched the agency's specific rulemaking procedures
☐ Confirmed the agency has statutory authority for the proposed rule
☐ Verified no pending rulemaking addresses the same issue
☐ Contacted the agency to discuss the proposed change (recommended by SOS)
☐ Confirmed the proposed rule does not conflict with state or federal law
☐ Confirmed the proposed rule does not exceed the agency's authority
☐ Gathered stakeholder support (if applicable)
☐ Collected registered voter signatures (if seeking 150-voter threshold)
☐ Had the petition reviewed by qualified Maine counsel

Petition Package Contents

☐ Cover letter
☐ Formal Petition for Rulemaking (signed and dated)
☐ Agency petition cover sheet (if required)
☐ Statement of Need
☐ Full proposed rule text
☐ Legal authority analysis
☐ Impact analysis
☐ Public interest arguments
☐ Supporting exhibits
☐ Voter signature pages (if applicable)
☐ Certificate of service (if serving additional parties)

SECTION 13: PRACTICE TIPS FOR MAINE PRACTITIONERS

Strategic Considerations

  1. 150-Voter Threshold: The most powerful tool available to petitioners is gathering 150 or more registered voter signatures. This converts a discretionary petition into a mandatory rulemaking obligation. Organize voter signature drives if the issue has broad public interest.

  2. Pre-Filing Contact: The Maine Secretary of State's Office recommends contacting the agency before filing to verify the proposed rule change does not conflict with law or exceed agency authority. This step can prevent a swift denial.

  3. Agency Cover Sheet: Many Maine agencies have their own petition cover sheets and forms. Contact the agency's rulemaking coordinator to obtain required forms.

  4. Maine Secretary of State: The SOS Office maintains a comprehensive rulemaking guide and registers all adopted rules. Check current rulemaking activity at maine.gov/sos/rulemaking.

  5. Signature Verification: If filing a voter petition, ensure signatures comply with Title 21-A verification standards. Include printed names, municipalities, and dates.

  6. Legislative Committees: Maine's legislative committees exercise oversight over agency rulemaking. Contact the relevant committee if the agency is unresponsive.

  7. Major Substantive Rules: Some Maine rules are classified as "major substantive" and require legislative approval after agency adoption. Be aware of this classification for the proposed rule.

  8. Routine Technical Rules vs. Major Substantive Rules: The type of rule affects the rulemaking process. Verify how the proposed rule would be classified.

Common Grounds for Denial

  • The proposed rule conflicts with state or federal law
  • The agency lacks authority to adopt the proposed rule
  • The proposed rule exceeds the agency's delegated rulemaking authority
  • Insufficient evidence of need
  • The agency is already addressing the issue through pending rulemaking
  • Resource limitations

SECTION 14: VERIFICATION AND SIGNATURE

I, [________________________________], declare under penalty of perjury that the facts stated in this petition are true and correct to the best of my knowledge and belief.

Signature: _______________________________________________

Printed Name: [________________________________]

Title: [________________________________]

Organization: [________________________________]

Date: [__/__/____]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

SECTION 15: SOURCES AND REFERENCES

Maine Statutory Authorities

  • 5 M.R.S.A. § 8055 — Petition for Adoption or Modification of Rules
  • 5 M.R.S.A. § 8001 — Definitions (Maine APA)
  • 5 M.R.S.A. § 8052 — Rulemaking Procedures
  • 5 M.R.S.A. § 8053 — Filing Requirements for Rulemaking
  • 5 M.R.S.A. § 8054 — Public Participation in Rulemaking
  • 5 M.R.S.A. § 8058 — Judicial Review of Rules
  • 5 M.R.S.A. § 11001 et seq. — Judicial Review of Agency Action
  • 21-A M.R.S.A. — Election Law (Voter Signature Verification Standards)

Maine Administrative Resources

  • Maine Secretary of State Rulemaking Page: https://www.maine.gov/sos/rulemaking
  • Guide to Rulemaking for State of Maine Agencies: https://www.maine.gov/sos/rulemaking/information-about-rulemaking/guide-to-rulemaking
  • Maine DEP Petition Information: https://www.maine.gov/dep/rules/petition.html
  • Maine Legislature Statutes: https://legislature.maine.gov/legis/statutes/

Additional Resources

  • Maine State Law and Legislative Reference Library
  • Maine Attorney General's Office — Advisory opinions on rulemaking authority
  • Maine Administrative Procedure Act (full text): Title 5, Chapter 375

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice and should not be used without review by a qualified Maine attorney. Laws and regulations are subject to change; verify all citations before filing.

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Administrative law covers how you interact with government agencies, from filing a comment on a proposed rule to appealing a denied license or benefit. Agency processes have their own forms, deadlines, and evidence standards that are different from what courts use. Getting the paperwork wrong usually means missing a deadline or losing the right to appeal, so precision in these documents matters as much as it does in a courtroom filing.

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This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Last updated: March 2026