Me. Rev. Stat. » Title 5
Maine Revised Statutes

Me. Rev. Stat. tit. 5, § 8051 (2026)

Adoption of rules of practice

✓ current as of May 2026
Find cases: SyfertCases citing this section ME-LEGlegislature.maine.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
In addition to other rule-making requirements imposed by law, each agency shall adopt rules of practice governing the conduct of adjudicatory proceedings, licensing proceedings and the rendering of advisory rulings, except to the extent that such rules are provided by law. The first time after October 1, 1995 that an agency proposes to adopt or modify the rules of practice governing the conduct of adjudicatory proceedings or licensing proceedings, the agency shall also propose any rules reasonably necessary to promote, when appropriate, the efficient and cost-effective use of alternative dispute resolution techniques, including the use of neutral facilitators, mediators or arbitrators. If the agency determines that it is unnecessary or inappropriate to propose these rules, it shall so state in the notice of rulemaking required under section 8053. A written explanation of the reasons for the agency's determination must be included in the basis statement of rule. Any agency rule of practice that imposes a time period or deadline for the filing of any submission or for the service of any paper must provide that filing or service is complete:   [PL 1995, c. 249, §1 (AMD).]
1.  Upon an agency.  Upon an agency, when the agency receives the submission or the paper by mail, in-hand delivery or any other means specified by the agency; or  
[PL 1989, c. 297, §1 (NEW).]
2.  Upon a party.  Upon a party, when the paper is mailed to the party or the party's attorney, by in-hand delivery to the recipient or by delivery to the recipient's office.  
[PL 1995, c. 249, §1 (AMD).]
SECTION HISTORY
PL 1977, c. 551, §3 (NEW). PL 1989, c. 297, §1 (AMD). PL 1995, c. 249, §1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public.
If you need legal advice, please consult a qualified attorney.
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1982–2024 · leading case: Mallinckrodt US LLC v. Dep't of Env't Prot., 2014 ME 52 (Me. 2014).
Sort: Relevance Newest Treatment
Mallinckrodt US LLC v. Dep't of Env't Prot., 2014 ME 52 (Me. 2014). · cites it 3× “The Department argues that Maine’s Administrative Procedure Act (APA), 5 M.R.S. § 8051 (2013), requires adoption of new procedural rules only when there is no existing statutory framework to guide the proceedings, and that the APA itself, read in conjunction with the UHSSL,…”
Bangor Baptist Church v. Maine, Dep't of Educ. & Cultural Servs., 549 F. Supp. 1208 (D. Me. 1982). “§ 21, which mandates the promulgation of administrative rules and regulations pursuant to the Maine Administrative Procedures Act, 5 M.R.S.A. § 8051, et seq. The Commissioner is authorized to “prescribe the studies to be taught .”
Olsen v. Hamilton, 330 F. Supp. 3d 545 (D. Me. 2018). “Count One alleges that Section 10 of the MDHHS rule, which relates to compliance and enforcement, exceeded the agency's delegated legislative authority in violation of the Maine Administrative Procedures Act, 5 M.R.S. §§ 8051 - 8074 (2013). Count Two alleges that Section 10 of…”
Robert Bocko v. Univ. of Maine Sys., 2024 ME 8 (Me. 2024). “The Department’s rules provide specific guidance on the “executive, administrative and professional minimum wage and overtime exemptions allowed for individuals who are paid on a salary basis pursuant to [section 663(3)(K)].”
Mallinckrodt US v. Maine Dep't of Envtl. Prot.. (Me. Super. Ct 2012). · cites it 2× “Mallinckrodt points to 5 M.R.S. § 8051, which states: "In addition to other rule-making requirements imposed by law, each agency shall adopt rules of practice governing the conduct of adjudicatory proceedings, licensing proceedings, and the rendering of advisory rulings, except…”
Belanger v. Comm'r, Maine Dep't of Human Servs. (Me. Super. Ct 2000). “The entry will be The decision of the Commissioner of the Department of Human Services is REVERSED for violation of the Administrative Procedures Act, 5 M.RS.A. § 8051 et seq. Dated: August 4, 2001 LEZ Yh La.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.