Greg Robie on maine BEP rule change proposal january 2

 RE: a reconsideration relative to December 7th's draft minute 2 and any approval 

Honorable Chair Susan Lessard,

Prior to placing an approval of the December 7th's draft minutes on the table for our Board’s review and consideration, please bring to its attention that the affecting of today’s public hearing for a repeal and replace rulemaking undertaking and Chapter 2 as recorded in minute 2:

1. is not yet authorized by approved minutes, and 
2. that the electronic notice for qualifying parties was not made until January 7th, and 
3. that this is eleven days ago, and therefore does not meet the law's requirement of a 20 day notice, and 
4. that the published public notice fails to note that the type of rulemaking is a substantive repeal and replace, and
5. this substantive “repeal and replace” is stated in the draft version of minute 2, but not in published notice concerning this Public Hearing, and
6. Law requires a public notice to link to a detailed content concerning rulemaking that is omitted in the public notice, and
7. To the degree what the Executive Analyst email address qualifies, what and how a request was replied to (see thread below), such fails to meet the law's standard, and
8. The electronic notice and link, differently offered limited information, and
9. that due to the notice of a public hearing by the Board, that as a decision by the Board, this renders, in law, an irrelevance regarding ANY determination of whether rulemaking is routine regular or major substantive, and
10. that classifying rulemaking as emergency, routine regular, or major substantive is the Legislature’s power and responsibility (to claim otherwise becomes an overreach of executive branch powers*).
11. that the reauthorized BEP has its statutory “Rules” and its section of law, as this as it applies to this Chapter 2 repeal and replace rulemaking, and
12. minute 2 includes an extraneous declarative assertion concerning a choice and a type of rulemaking for which there is no basis in law, and
13. minute 2 further indicates that what was prepared for the Board's consideration needed only minor clerical corrections, and
14. without a clear and recorded determination that what has been prepared and presented is authorize by a vote of the Board in an open meeting (I have found none, and minute 2 references none), and
15. a reconsidertation, in consultation with the Departments Rulemaking Liasion might redress bias that seems to have permeated the consideration of this rulemaking to date, and
16. required the Board’s Executive Analyst to violate the statutory neutrality of that office, and
17. In consideration of the above, AND regardless, please, and in a timely manner as specified in law, extend the public comment period to encompass at least six months.  
18. (Should this letter/email new presented after the approval of draft minute 2, please entertain the exercise of a member's privilege to move for reconsideration of the approval.)

As our citizen board, and historically related to Maine’s traditional citizen Boards of Appeals, the BEP stands in the gap – so to speak – between the Constitutionally protected free exercise of purposed human speech and any unmerited overreach and/or abdication of such speech. The guardianship of this bedrock right and our self-governance is a sacred honor. Our Oaths of Office are a formalized iteration of a covenant bond among ALL the People for the purpose of the better ordering and preservation and furtherance by the People, in covenant bond, to affect through is ‘civil bod[ies] politick” the common good of human personages. 

This letter and request is placed, through the Chair, to our reauthorized citizen Board of Environmental Protection as Constitutional protected human speech for the purpose of better ordering and preservation and furtherance of the aforesaid and this inclusive of our Constitution and State statutes, and particularly our Maine Administrative Procedures Act (MAPA). It is made as an extension of a relevant thread, and this is intended to helpfully offer any required context. If requested I am happy to offer an annotated version. I also intend to be present online.

Thank you for the due consideration of this that Constitutionally protected purpose human speech enjoys. My gratitude is immeasurable to our BEP for the roll played regarding our interaction last March, and what this has become. 

=)

Greg C Robie

95 Mineral Springs Road

Highland Mills, NY  10930