One Maine GOP lawmaker has sought to establish a new special committee tasked with reviewing routine technical rule-making by state agencies in order to vet whether bureaucratic rules are in the public interest, but the Democrat majority appears poised to thwart his bill from becoming law.
Under the Maine Administrative Procedures Act, agency rulemaking falls into one of two categories: routine technical or major substantive.
While routine technical rulemaking occurs entirely within a department, major substantive rules are subject to the legislative review process, as described under 5 M.R.S. §8072.
Agency rule changes are only categorized as major substantive if lawmakers have passed legislation explicitly deeming them to be.
LD 1372, introduced by Rep. Michael Soboleski (R-Phillips), would give the Legislature a limited degree of oversight for routine technical rules as well.
Instead of going before the full Legislature, this bill would see any routine technical rules go before the new committee Rep. Soboleski is proposing for final approval, either with or without amendment.
The proposed language directs the newly formed committee to establish a process for reviewing routine technical rules for “necessity, efficiency, and the benefit of the rule to the public.”
This committee would be comprised of six members of the House and six members of the Senate, evenly divided between the two major political parties.
[RELATED: Rep. Soboleski Seeks Greater Legislative Oversight of Agency Rulemaking in Maine]
During an April public hearing, Rep. Soboleski asserted that the creation of this committee would be necessary to “ensure that the process for adopting routine technical rules adheres to the principle of transparency, accountability and alignment with the public interest.”
According to Soboleski, introducing legislative review for routine technical rules “upholds the Legislature’s commitment to good governance by promoting a transparent and deliberative process of rulemaking.”
“It strengthens public trust and ensure that regulations serve their intended purpose and reflect the interest of our citizens,” said Soboleski.
The Maine Human Rights Commission submitted written testimony in opposition to this proposal, arguing that the bill is “fundamentally flawed.” The Commission also argued that the bill “appears to overreach the reasonable scope of the Legislature’s duties.”
“The Legislature is charged with adopting and enacting Maine’s statutes, while interpreting and enforcing those statutes falls to other branches of government,” the Commission said.
The testimony goes on to explain how the Commission believes legislative oversight of their routine technical rulemaking would “substantially undermine [their] effectiveness.”
In May, the State and Local Government split along party lines, resulting in a majority Ought Not to Pass report signed by only by Democratic Committee members.
Soboleski explained on the floor of the House on Monday that this bill seeks to ensure that there is “critical oversight over administrative rule-making” in Maine.
“Under the current statutory framework,” said Soboleski, “our state agencies are often empowered to issue what are termed routine technical rules without full Legislative debate. In practice, however, this classification has enabled agencies to enact measures that in reality are major substantive.”
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He went on to reference the recent controversy surrounding the electric vehicle mandate considered by the Maine Board of Environmental Protection (BEP) in 2023 and 2024.
“This measure is vital to preventing agencies from using technical classifications as a back door to implementing major policy decisions and fiscal commitments without the informed consent of this Legislature,” said Soboleski.
“By reasserting our role in this process, we not only safeguard fiscal responsibility and accountability but also preserve the integrity of our democratic institutions,” he said. “Rules and laws are made in this chamber. They’re ours. They don’t belong to an agency.”
Rep. William R. Tuell (R-East Machias) also spoke in support of this bill, characterizing it as a “targeted, responsible step forward [that would] increase transparency, accountability, and efficiency in our state government by reducing the red tape that is stifling innovation and creativity.”
“We all want a government that is leaner, smarter, and more responsive to the people of Maine,” said Rep. Tuell. “LD 1372 helps us get there by respecting existing strucutres, working within our means, and improving how we handle the rules that shape daily life for Maine citizens and businesses.”
The House then voted in a roll call vote of 75-64 to reject LD 1732, splitting directly along partisan lines, as all Republicans voted in support of the bill while all Democrats opposed it.
LD 1372 will now be sent to the Senate for concurrence where it is expected that the majority of lawmakers will follow suit and reject this legislation.
