MAPA-3 revised 9-09

Notice of Agency Rule-making Proposal

AGENCY:29-255 – Secretary of State, MaineState Archives
CHAPTER NUMBER AND TITLE: Chapter 10, Rules for Disposition of Local Government Records
PROPOSED RULE NUMBER (leave blank; assigned by Secretary of State):
CONTACT PERSON FOR THIS FILING: Tammy Marks, Maine State Archives,84 SHS, 230 State Street, Augusta, ME 04333 287-5799 /
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING (if any): None scheduled
COMMENT DEADLINE:
BRIEF *SUMMARY:
The Access to Vital Records law, which became effective in September 2011, requires that requestors of vital records meet certain requirements for obtaining records.An applicant must provide proof that they are either related to the registrant or they have a direct and legitimate interest in the matter recorded.
IMPACT ON MUNICIPALITIES OR COUNTIES (if any) All municipalities will have to determine if a requestor meets the requirements for obtaining a vital record and if not, they cannot provide the record.
STATUTORY AUTHORITY FOR THIS RULE:Title 22 § 2706, Sec. 5
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON:

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√The above summary is for use in both the newspaper and website notices.

□The above summary is for the newspaper notice only. A more detailed summary / basis statement is attached.

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APPROVED FOR PAYMENT______DATE: ______

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MAPA-3 revised 9-09: additional summary information for web

Notice of Agency Rule-making Proposal

DETAILED BASIS STATEMENT / SUMMARY:
Public Law 2011, Chapter 58 amended Maine’s vital records law, MRSA 22 § 2706, placing restrictions on who can obtain vital records, specifically records of births, deaths and marriages.
Before a vital record can be released, an applicant must provide proof that they are either related to the registrant or they have a direct and legitimate interest in the matter recorded. This rule is being amended to bring it into compliance with law.