Maine Revised Statutes
Me. Rev. Stat. tit. 5, § 8054 (2026)
Emergency rulemaking
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1.
Emergency.
If the agency finds that immediate adoption of a rule by procedures other than those set forth in sections 8052 and 8053 is necessary to avoid an immediate threat to public health, safety or general welfare, it may modify those procedures to the minimum extent required to enable adoption of rules designed to mitigate or alleviate the threat found. Emergency rules shall be subject to the requirements of section 8056.
[PL 1977, c. 551, §3 (NEW).]
2.
Agency findings.
Any emergency rule must include, with specificity, the agency's findings with respect to the existence of an emergency, including any modifications of procedures, and such findings are subject to judicial review under section 8058. Such findings must be included in the basis statement for any adopted emergency rule in a section labeled "findings of emergency." No emergency may be found to exist when the primary cause of the emergency is delay caused by the agency involved.
[PL 2011, c. 244, §1 (AMD).]
3.
Emergency period.
Any emergency rule shall be effective only for 90 days, or any lesser period of time specified in an enabling statute or in the emergency rule. After the expiration of the emergency period, such rule shall not thereafter be adopted except in the manner provided by section 8052.
[PL 1977, c. 551, §3 (NEW).]
4.
Fiscal impact; curtailment orders.
An emergency rule adopted in whole or in part to satisfy the requirements of a temporary curtailment order by the Governor under section 1668 must include a specification of the dollar amount of curtailed funds attributable to each change adopted in the rule.
[PL 2011, c. 244, §2 (NEW).]
SECTION HISTORY
PL 1977, c. 551, §3 (NEW). PL 1979, c. 425, §6 (AMD). PL 2007, c. 581, §4 (AMD). PL 2011, c. 244, §§1, 2 (AMD).
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 1982–2024 · leading case: Does v. Mills, 16 F.4th 20 (1st Cir. 2021).
Does v. Mills, 16 F.4th 20 (1st Cir. 2021). “" Me. Rev. Stat. Ann. tit. 5, § 8054 ; see Ms.”
John Doe v. Dep't of Health & Human Servs., 2018 ME 164, 198 A.3d 782. “3 See 5 M.R.S. § 8054 (2017) ; 22 M.R.S. § 42(1) ; 18 C.”
Dickenson v. Petit, 536 F. Supp. 1100 (D. Me. 1982). “” See 5 M.R.S.A. § 8054. January 25, 1982 was the termination date of the 10-day comment period following the hearing held January 15, 1982.”
Hewes v. Magnusson, 350 F. Supp. 2d 222 (D. Me. 2004). “Removal of Notices from Newspapers I cannot identify any constitutional right that Hewes had vis-a-vis the alleged removal of notices from the newspapers during the adoption of the emergency rule under the Maine statutes, see 5 M.R.S.A. § 8054 (2002). If Hewes is asserting some…”
Lowe v. Mills, 718 F. Supp. 3d 69 (D. Me. 2024). “Even the more relaxed emergency rulemaking procedures that agencies follow when “necessary to avoid an immediate threat to public health, safety or general welfare,” 5 M.R.S.A. § 8054(1) (West 2024)—and that the Department presumably followed when promulgating the now-repealed…”
Maine Milk Comm'n v. Chandler, 438 A.2d 1288 (Me. 1982). “On April 30, 1981, the Commission promulgated Order 81-6 as an emergency rule pursuant to 5 M.R.S.A. § 8054. After the Commission initiated a new action against Cumberland Farms Northern, Inc.”
Me. Rev. Stat. tit. 5, § 8054(1): 1 case
Lowe v. Mills, 718 F. Supp. 3d 69 (D. Me. 2024). “Even the more relaxed emergency rulemaking procedures that agencies follow when “necessary to avoid an immediate threat to public health, safety or general welfare,” 5 M.R.S.A. § 8054(1) (West 2024)—and that the Department presumably followed when promulgating the now-repealed…”
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