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ME Emergency Rules 2023 (Marriage Officiants)

Rule/Regulation

State: Maine

Effective: July 05, 2023

Summary
This emergency rule implements the provisions of Title 5, section 90-G regarding the licensing of marriage officiants who are authorized to solemnize marriages in Maine pursuant to Title 19-A, chapter 23.
Affects

Adds Chapter 720 to (Agency 29, Sub-Agency 250) the Maine Code of Rules.

Changes

Marriage Officiant License

  1. States the general eligibility requirements, as specified, to qualify for a marriage officiant license.
  2. Provides that an individual who has a valid commission as a Notary Public issued by the Secretary of State and is a resident of this State is automatically eligible for a marriage officiant license.
  3. Provides the information, as specified, required in an application for a marriage officiant license.
  4. Provides that a Maine resident who applies for a Notary Public commission does not need to file a separate application for a marriage officiant license but instead must indicate on the Notary application form if the Notary declines to have a marriage officiant license issued along with the Notary commission.
  5. Provides that if the applicant for a Notary Public commission declines to become a marriage officiant and later wishes to become authorized to solemnize marriages, the individual must file a separate application for a marriage officiant license pursuant to section 2, subsection 1 of the emergency rule.
  6. Provides that a Notary Public with a valid commission issued by the Secretary of State who is a Maine resident shall be issued a marriage officiant license for the remaining term of the Notary Public commission unless the Notary Public submits written notice to the Secretary of State on a form prescribed by the Secretary of State declining to be licensed as a marriage officiant.
  7. Provides that after a license has been issued, the licensee’s name, residence address and contact information will be posted on the Secretary of State’s publicly accessible web site.
  8. Clarifies that the marriage officiant license term is 7 years.
  9. Requires a marriage officiant, within 30 calendar days of the occurrence of any change to the licensee’s legal name, physical address, or contact information on file with the Secretary of State, to notify the Secretary of State of the change by submitting the form prescribed by the Secretary of State and made available on the Secretary’s website. 
  10. Clarifies that if the licensee’s legal name or municipality of residence has changed, the Secretary of State shall issue an amended license reflecting the change, which shall remain in effect for the term of the license being amended unless there is a further change to the licensee’s information before that expiration date, and further provides that he licensee shall remain authorized to solemnize marriages while awaiting receipt of the amended license.
  11. The Secretary of State will provide written notification to the licensee at least 30 calendar days prior to the expiration date on the marriage officiant license. Notice will be sent to the email address on the most recent license application or amended information on file with the Secretary of State. If the licensee does not have an
  12. email address, the notice will be sent by U.S. Postal Service, regular first-class mail to the address on file for that licensee. Failure of the licensee to receive the notice does not delay or extend the expiration date of the license.
  13. Provides that a licensee may voluntarily surrender their license at any time by submitting written notice to the Secretary of State of the intent to terminate their authority to solemnize marriages and the marriage officiant license shall no longer be valid as of the date of the written notice.
  14. Requires that upon submission of the written notice, the licensee must return their license certificate to the Secretary of State.

Marriage Officiant Renewal License

  1. Requires a licensee who wishes to continue to be licensed as a marriage officiant to submit the renewal application to the Secretary of State on a form prescribed by the Secretary of State before the expiration date on the current marriage officiant license.
  2. Clarifies that a marriage officiant license issued to a Notary Public along with the Notary’s commission will automatically renew upon renewal of the Notary Public commission unless the Notary Public indicates on the application to renew the Notary commission that the Notary declines to be licensed as a marriage officiant.
  3. Provides that if the licensee fails to file a renewal application before the expiration of the current marriage officiant license, then the license expires, and the licensee is no longer authorized to solemnize marriages until a new marriage officiant license is issued.   

Administrative Action Against Marriage Officiant License

  1. Authorizes the Secretary of State to deny, refuse to renew, suspend or revoke a marriage officiant license based on a finding that the applicant or licensee: (a) Does not meet one or more of the criteria set forth in section 1 of the emergency rule; (b) Has failed to comply with any of the statutory requirements for a person solemnizing a marriage set forth in 19-A MRSA chapter 23; or (c) Has failed to comply with any provision of the statute or rules governing Notaries Public if the applicant or licensee is a Notary Public.
  2. Provides that before issuing a denial, suspension or revocation of a marriage officiant license, the Secretary of State shall provide written notice to the applicant or licensee with an opportunity to request a hearing pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter 5.
  3. Provides that after the hearing, the Secretary shall issue a final written decision, which may be appealed to Superior Court pursuant to 5 MRSA chapter 375, subchapter 7.
Analysis

Through the enactment of House Paper 1503, Maine Notaries no longer could solemnize marriages under the authority of their Notary Public commission. Instead, the new law created a new marriage officiant license, and automatically licenses any Notary who does not decline the license on the application for a Notary commission. The emergency rules are effective until October 3, 2023, at which time presumably the permanent rules will have been adopted.

Read the emergency marriage officiant rules.

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