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State of Maine

29
Department of Secretary of State

1999-2000 Regulatory Agenda


29-250: Bureau of Motor Vehicles
29-250: Bureau of Corporations, Elections and Commissions
29-255: Maine State Archives
94-591: Motor Carrier Review Board

UMBRELLA-UNIT NUMBER: 29-250
AGENCY: Department of Secretary of State, Bureau of Motor Vehicles
CONTACT PERSON: Peter Brazier, Deputy Secretary of State, 29 State House Station, Augusta, ME 04333-0029. Tel: (207) 624-9004.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA:

CHAPTER 159 Rules Governing the Administration of the Semipermanent Semitrailer Registration Program

EXPECTED 1999-2000 RULEMAKING ACTIVITY:

CHAPTER 1: Rules for Administrative Suspension Relating to Demerit Point Accumulation, Convictions and Adjudications
STATUTORY AUTHORITY: 29-A MRSA Section 2458(3)
PURPOSE: These rules were promulgated for the purpose of identifying the reckless or negligent driver of a motor vehicle and to establish a uniform point system of assigning demerit points for specified convictions or adjudications of violations of statutes and regulations governing the operation of motor vehicles. These rules may be amended as the result of legislative changes to motor vehicle laws.
ANTICIPATED SCHEDULE: Any rule amendments would be proposed prior to January 1, 2000.
AFFECTED PARTIES: These rules affect all persons who operate motor vehicles.

CHAPTER 2: Rules for the Conduct of Administrative Hearings before the Secretary of State
STATUTORY AUTHORITY: 29-A MRSA Section 153
PURPOSE: These rules govern the conduct of adjudicatory hearings before the Secretary of State involving denials, suspensions or revocations of any license, certificate, or title. These rules may be amended as the result of legislative changes to the motor vehicle laws.
ANTICIPATED SCHEDULE: Any rule amendments would be proposed prior to March 1, 2000.
AFFECTED PARTIES: These rules affect all persons who request an administrative hearing before the Secretary of State.

CHAPTER 3: Physical, Emotional and Mental Competence to Operate a Motor Vehicle
STATUTORY AUTHORITY: 29-A MRSA Section 153
PURPOSE: These rules describe the standards to be used by the Secretary of State in determining physical, emotional and mental competence of a person to operate a motor vehicle. These rules which were adopted pursuant to 29-A MRSA Section 153, may be amended following the annual meeting of the Medical Advisory Board to the Secretary of State.
ANTICIPATED SCHEDULE: These rule amendments would be proposed in early 2000.
AFFECTED PARTIES: All license applicants and anyone holding a motor vehicle license.

CHAPTER 4: Rules for the Driver License Examination
STATUTORY AUTHORITY: 29-A MRSA Section 153
PURPOSE: These rules describe the components of the examination used to determine a personžs qualification to obtain a Maine driveržs license. These rules may be updated to comply with the provisions of the Commercial Motor Vehicle Safety Act of 1986 or as the result of legislative changes to the motor vehicle laws.
ANTICIPATED SCHEDULE: Any rule amendments would be proposed prior to January 1, 2000.
AFFECTED PARTIES: These rules affect all persons seeking to obtain a Maine driveržs license.

CHAPTER 6: Rules for the Suspension of Commercial Driveržs Licenses
STATUTORY AUTHORITY: 29-A MRSA Section 1253
PURPOSE: These rules implement those provisions of the Federal Commercial Vehicle Safety Act of 1986 (Title XII of Public Law 99-520) relating to the disqualification of persons from operating commercial motor vehicles upon conviction, adjudication or administrative determination for specific traffic and other designated offenses committed while operating a commercial motor vehicle. The Secretary of State is required by terms of 20-A MRSA Section 1253 to adopt these rules.
ANTICIPATED SCHEDULE: It is anticipated that these rules may be amended as a result of changes to the federal statutory and regulatory provisions of the Commercial Motor Vehicle Safety Act prior to March 1, 2000.
AFFECTED PARTIES: These rules will affect all operators and owners of commercial motor vehicles as well as persons who have been issued commercial driveržs licenses.

CHAPTER 7: Rules for the Suspension of Driver's Licenses for Failure to Comply With Child Support Orders
STATUTORY AUTHORITY: 29-A MRSA Sections 153 and 2459(5)
PURPOSE: These rules implement the provisions of 19 MRSA Sections 305 ž 307 and 29-A MRSA Section 2459 which require the Secretary of State to suspend the driveržs and business licenses of individuals whom the Commissioner of Human Services certifies are not in compliance with court orders of child support.
ANTICIPATED SCHEDULE: Any rule amendments would be proposed prior to January 1, 2000.
AFFECTED PERSONS: These rules affect individuals who fail to comply with child support orders.

CHAPTER 8: Rules Governing Ignition Interlock Devices
STATUTORY AUTHORITY: 29-A MRSA Section 153
PURPOSE: These rules establish the procedures for the approval, testing and installation of ignition interlock devices. Ignition interlock devices are designed to prevent a motor vehicle from starting when the operator records a predetermined blood-alcohol level.
ANTICIPATED SCHEDULE: Since the enabling legislation authorizing ignition interlock devices has been repealed, these rules have no legal effect and will be repealed during 1999.
AFFECTED PARTIES: The rules will affect manufacturers and installer of ignition interlock devices as well as persons whom the Secretary of State required to install such devices.

CHAPTER 9: Rules Governing Drivers Education
STATUTORY AUTHORITY: 29-A MRSA Section 153
PURPOSE: These rules establish the licensing requirements for driver education schools, instructors and teachers.
ANTICIPATED SCHEDULE: These rules may be amended during 2000.
AFFECTED PARTIES: These rules will affect all driver education schools, instructors and teachers.

CHAPTER 11 Motorcycle Rider Education
STATUTORY AUTHORITY: 29-A MRSA Section 153
PURPOSE: These rules establish procedures for motorcycle driver education programs and the certification of instructors.
ANTICIPATED SCHEDULE: Any rule amendments would be proposed prior to January 1, 2000.
AFFECTED PARTIES: All motorcycle driver education instructors and all motorcycle permit applicants.

CHAPTER 102 Rules Governing the Titling of Motor Vehicles
STATUTORY AUTHORITY: 29-A MRSA Section 601
PURPOSE: This rule may be revised and updated if any changes are required in the procedures for titling vehicles.
ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: General public, automobile dealers, auctions, transporters, loaners and lien holders.

CHAPTER 103 Rules Governing the Licensing of Automobile Dealers, Auctions, Transporters and Loaners
STATUTORY AUTHORITY: 29-A MRSA Section 591
PURPOSE: This rule may be revised and updated if any changes in procedures are necessary for licensing of automobile dealers, auctions, transporters and loaners.
ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: Licensed automobile dealers, auctions, transporters and loaners.

CHAPTER 108 Rules Governing the Automobile Manufacturer or Distributor License
STATUTORY AUTHORITY: 10 MRSA Section 1171-B(4) and 5 MRSA Section 8071
PURPOSE: This rule may be revised and updated if any changes are necessary in the procedures for licensing automobile manufacturers or distributors.
ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: Licensed automobile manufacturers and distributors.

CHAPTER 151: Rules Governing Enforcement of the Federal Heavy Vehicle Use Tax (HVUT)
STATUTORY AUTHORITY: 29-A MRSA Section 504
PURPOSE: This rule may be revised and updated if and when any changes in federal laws regarding Heavy Vehicle Taxation are enacted.
ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: All those registrants operating vehicles with a registered gross weight subject to the Federal Heavy Vehicle Use Tax.

CHAPTER 152: Rules Concerning Form for Hazardous Material Licenses
STATUTORY AUTHORITY: 29-A MRSA Section - none at this time
PURPOSE: If and when a Hazardous Materials Program is instituted, a rule would be required.
ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: Motor carriers of hazardous materials.

CHAPTER 153: The Administration of Motor Intrastate Carriers of Passengers-For-Hire
STATUTORY AUTHORITY: 29-A MRSA Section 551
PURPOSE: Due to potential changes in the operating authority, for-hire statutes and electronic insurance filing it may be necessary to amend this rule.
ANTICIPATED SCHEDULE: Fall 1999
AFFECTED PARTIES: For-hire motor carriers of passengers and rental vehicles.

CHAPTER 154: The Administration of Motor Intrastate or ICC Exempt Carriers of Property For-Hire
STATUTORY AUTHORITY: 29-A MRSA Section 551
PURPOSE: Due to potential changes in the operating authority program, and electronic insurance filing for-hire insurance statutes, it may be necessary to amend this rule.
ANTICIPATED SCHEDULE: Fall 2000
AFFECTED PARTIES: For-hire motor carriers of property in intrastate and ICC exempt service.

CHAPTER 155: Rules Governing Permits for Non-Divisible, Oversize and Overweight Vehicles Engaged in Interstate Commerce
STATUTORY AUTHORITY: 29-A MRSA Section 2382
PURPOSE: These rules may be amended to conform to any multi-state agreement and to meet any operating changes that may occur.
ANTICIPATED SCHEDULE: Fall 1999
AFFECTED PARTIES: Movers of interstate over-size and over-weight loads.

CHAPTER 156: Rules Governing the Fee Structure for Non-Divisible, Oversize and Overweight Vehicles and State Police Escorts
STATUTORY AUTHORITY: 29-A MRSA Section 2382
PURPOSE: These rules may be amended as a reaction to a future cost study to be performed by MDOT and possible legislation on fee changes.
ANTICIPATED SCHEDULE: Fall 1999
AFFECTED PARTIES: Movers of over-size and over-weight loads.

CHAPTER 157: The Administration of Oversize and Overweight Permits
STATUTORY AUTHORITY: 29-A MRSA Section 2382
PURPOSE: This rule may be revised to update and clarify certain sections.
ANTICIPATED SCHEDULE: Spring 2000
AFFECTED PARTIES: Movers of intrastate and interstate over-weight and over-size loads.

CHAPTER 158: The Administration of Transit-Trailer Plates
STATUTORY AUTHORITY: 29-A MRSA Section 462
PURPOSE: This rule may be revised and updated as needed to adjust for changes in use or responsibilities.
ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: Transporters of mobile homes and storage trailers which have or wish to obtain transit trailer plates.

CHAPTER 159: Rules Governing the Administration of the Semipermanent Semitrailer Registration Program (20 year)
STATUTORY AUTHORITY: 29-A MRSA Section 512
PURPOSE: This rule may be revised and updated to clarify certain sections as needed due to policy or law changes.
ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: Those registrants who opt to register semi-trailers under long duration programs.

CHAPTER 160: The Administration of Combination Vehicles With Semi-Trailer Over 48 Feet and up to 53 Feet in Length.
STATUTORY AUTHORITY: 29-A MRSA Section 2390
PURPOSE: This rule may be revised to update and clarify certain sections.
ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: Carriers operating trailers 48 feet to 53 feet in length.

CHAPTER 162: The Administration of the International Registration Plan
STATUTORY AUTHORITY: 29-A MRSA Section 531
PURPOSE: This rule may be revised to update and clarify certain sections.
ANTICIPATED SCHEDULE: Spring 2000
AFFECTED PARTIES: Most owners of medium and heavy trucks operating in interstate and foreign commerce.

CHAPTER 163: The Administration of the Single State Registration System for Interstate Commerce Commission Certified Carriers of Property and Passengers
STATUTORY AUTHORITY: 29-A MRSA Section 551
PURPOSE: This rule may be revised to include all interstate motor carriers, electronic insurance filing and to conform with any changes to the program as mandated by federal law.
ANTICIPATED SCHEDULE: Fall 1999
AFFECTED PARTIES: Those motor carriers based in or choosing Maine as a base.

CHAPTER 164: The Administration of Overweight Oceangoing Containers (OGC)
STATUTORY AUTHORITY: 29-A MRSA Section 2382
PURPOSE: This rule may be revised and updated to promote the increased use of intermodalism for Maine industry.
ANTICIPATED SCHEDULE: Spring 2000
AFFECTED PARTIES: Maine industries that import or export their products via oceangoing containers.

CHAPTER 165: The Administration of the Maine International Fuel Tax Agreement (IFTA) and the Intrastate Fuel Tax Program (USER).
STATUTORY AUTHORITY: 29-A MRSA Section 525
PURPOSE: This rule may be revised and updated to set guidelines and controls on the fuel tax program including the administration of fuel decals.
ANTICIPATED SCHEDULE: Spring 2000
AFFECTED PARTIES: These motor carriers which qualify to file motor fuel tax reports and obtain fuel decals.

CHAPTER 167: The Administration of Motor Vehicle Fleet Registrations
STATUTORY AUTHORITY: 29-A MRSA Section 411
PURPOSE: This will be a new rule to set guidelines and controls on the bulk registration of vehicle fleets.
ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: Those entities operating large fleets who wish to consolidate and register their vehicles for multiple years.

CHAPTER 168: The Administration and Issuance of USDOT Numbers for Intrastate Motor Carriers
STATUTORY AUTHORITY: 29-A MRSA Section 555-A
PURPOSE: This rule may be amended as necessary to manage the issuance of USDOT numbers to qualifying intrastate motor carriers.
ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: Intrastate Motor Carriers

CHAPTER 169: The Administration of the Performance and Registration Information Systems Management (PRISM) Program
STATUTORY AUTHORITY: 29-A MRSA Section 2458
PURPOSE: This rule will be necessary if the state enters a cooperative agreement with the Federal Government to link safety fitness of motor carriers to vehicle registration.

CHAPTER ___: Rules for establishing a uniform system for disabled parking pursuant to the federal regulations adopted by the Federal Highway Administration in April 1991 as a result of a law passed by Congress (Public Law 100-641) on November 9, 1988.
STATUTORY AUTHORITY: 29-A MRSA Sections 153 and 521
PURPOSE: Rules may be promulgated to comply with the Federal Highway Administration regulations of 1991 that established guidelines for the design of the disabled placard as well as those to determine the qualifications of the applicant.
ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: These rules would affect persons or organizations applying for a disabled placard.

CHAPTER ___: Rules to establish and define Motor Vehicle Municipal Agentsž participation in the Municipal Registration Program.
STATUTORY AUTHORITY: 29-A MRSA Sections 153 and 201
PURPOSE: Rules may be promulgated to establish and define the motor vehicle agent participation in the Municipal Registration Program.
ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: Municipal tax collectors designated to collect excise tax on vehicles, as agent for the Secretary of State.

CHAPTER ___: Rules to establish and define the Motor Vehicle, Non-governmental Agent Program.
STATUTORY AUTHORITY: 29-A MRSA Section 153 and 201-A
PURPOSE: Rules may be promulgated to establish and define the Motor Vehicle Non-governmental Agent Program.
ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: Third party service providers.

CHAPTER ______: Rules for establishing a procedure for identifying on a certificate of registration, those vehicles required to have an enhanced inspection pursuant to the Maine Revised Statutes, Title 29-A, section 1751 subsection 2-A.
STATUTORY AUTHORITY: 29-A MRSA Sections 153, 1751, 1756, 2113 and 2114
PURPOSE: Rules may be promulgated to define how registrations will be marked to indicate the vehicle requires an enhanced emissions test.
ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: These rules will affect residents of Cumberland County that register a vehicle.


UMBRELLA/UNIT NUMBER: 29-250
AGENCY: Bureau of Corporations, Elections and Commissions
CONTACT PERSON: Julie L. Flynn, Deputy Secretary of State, 101 State House Station, Augusta, ME 04333-0101. Tel: (207) 287-4189

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1999- 2000 RULE-MAKING ACTIVITY:

CHAPTER 200: Rules for the use of expedited service in Corporations
STATUTORY AUTHORITY: 10 MRSA Section 1527-B; 11 MRSA Section 9-409; 13-A MRSA Section 1403-A; 13-B MRSA Section 1402-A; 31 MRSA Section 414; 31 MRSA Section 613; and 31 MRSA Section 813.
PURPOSE: The Secretary of State may find it necessary to update and clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: All customers of the Division of Corporations.

CHAPTER 201: Rules for the sale of publications in Corporations
STATUTORY AUTHORITY: 10 MRSA Section 1527-D; 11 MRSA Section 9-411; 13 MRSA Section 905; 13-A MRSA Section 1406; 13-B MRSA Section 1405; 31 MRSA Section 416; 31 MRSA Section 615; and 31 MRSA Section 815.
PURPOSE: The Secretary of State may find it necessary to update and clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: All customers of the Division of Corporations.

CHAPTER 240: Rules for Limited Liability Partnerships under Title 31, Chapter 15
STATUTORY AUTHORITY: 31 MRSA Section 812.
PURPOSE: The Secretary of State may find it necessary to update and clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Any customer of the Division of Corporations filing documents for Limited Liability Partnerships.

CHAPTER 250: Rules for Business Corporations under Title 13-A
STATUTORY AUTHORITY: 13-A MRSA Section 1303.
PURPOSE: The Secretary of State may find it necessary to update and clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Any customer of the Division of Corporations filing documents for business corporations.

CHAPTER 260: Rules for Nonprofit Corporations under Title 13-B
STATUTORY AUTHORITY: 13-B MRSA Section 1302-A.
PURPOSE: The Secretary of State may find it necessary to update and clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Any customer of the Division of Corporations filing documents for nonprofit corporations under Title 13-B.

CHAPTER 270: Rules for Limited Partnerships under Title 31, Chapter 11
STATUTORY AUTHORITY: 31 MRSA Section 413.
PURPOSE: The Secretary of State may find it necessary to update and clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Any customer of the Division of Corporations filing documents for limited partnerships.

CHAPTER 271: Rules for the Disclosure of Limited Partners under Title 31, Chapter 11
STATUTORY AUTHORITY: 31 MRSA Section 437, sub- 4.
PURPOSE: The Secretary of State may find it necessary to update and clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: All domestic limited partnerships and any customer of the Division of Corporations requesting the disclosure of limited partners.

CHAPTER 280: Rules for Marks registered under Title 10, Chapter 301-A
STATUTORY AUTHORITY: 10 MRSA Section 1527-A, sub-section 1.
PURPOSE: The Secretary of State may find it necessary to update and clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Any customer of the Division of Corporations filing documents for a mark in the State of Maine.

CHAPTER 290: Rules for Limited Liability Companies under Title 31, Chapter 13
STATUTORY AUTHORITY: 31 MRSA Section 612.
PURPOSE: The Secretary of State may find it necessary to update and clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Any customer of the Division of Corporations filing documents for limited liability companies.

CHAPTER 291: Rules for the Disclosure of Members under Title 31, Chapter 13
STATUTORY AUTHORITY: 31 MRSA Section 647, sub-section 4.
PURPOSE: The Secretary of State may find it necessary to update and clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: All domestic limited liability companies and any customer of the Division of Corporations requesting the disclosure of members.

CHAPTER 505: Rules for Voter list maintenance procedures under Title 21-A
STATUTORY AUTHORITY: 21-A MRSA Section 161, sub-section 2.
PURPOSE: The Secretary of State may find it necessary to update and clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: All municipalities in the State of Maine as well as newly registered voters and registered voters who wish their names to be removed from their respective voter registration lists.

CHAPTER 506: Rules for the change of address confirmation card, voter registration acknowledgment notice, and address verification notice under Title 21-A
STATUTORY AUTHORITY: 21-A MRSA Section 162-A, sub-section 3.
PURPOSE: The Secretary of State may find it necessary to update and clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: All municipalities in the State of Maine.

CHAPTER 600: Rules governing automated telephone solicitation
STATUTORY AUTHORITY: 10 MRSA Section 1498.
PURPOSE: The Secretary of State may find it necessary to update and clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Anyone wishing to use an automated telephone calling device in the State of Maine in order to reach prospective customers.

CHAPTER 700: Rules Governing Eligibility and Procedures for Appointment and Renewal of Commissions of Notaries Public
STATUTORY AUTHORITY: 5 MRSA Section 82.
PURPOSE: The Secretary of State may find it necessary to update and clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Any person applying for a notary public commission or renewing the commission.

CHAPTER 800: Procedures for the Electronic Filing of Rules
STATUTORY AUTHORITY: 5 MRSA Section 8056 sub-section 8.
PURPOSE: The Secretary of State may need to amend this rule to change and clarify the procedures for the electronic filing of rules.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: All rulemaking agencies.

CHAPTER _____: Rules for the sale of informational publications to notaries public
STATUTORY AUTHORITY: 5 MRSA Section 82-A, sub-section 1.
PURPOSE: The Secretary of State plans to adopt rules for the sale of informational publications to notaries public and establish a fee schedule for the same.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: All interested persons who wish to be commissioned as notaries public and all presently commissioned notaries public.

CHAPTER _____: Authority to adopt or amend rules to specify the reportable categories or types of and the procedures and forms for reporting and to administer 5 MRSA Section 19
STATUTORY AUTHORITY: 5 MRSA Section 19 sub-section 5.
PURPOSE: The Secretary of State may find it necessary to adopt rules to specify the reportable categories or types and the procedures and forms for reporting.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Major policy-influencing executive employees

CHAPTER ____: Rules for Uniform Commercial Code filings under Title 11, Article 9
STATUTORY AUTHORITY: 11 MRSA Section 9-413, sub-section 1.
PURPOSE: The Secretary of State may find it necessary to adopt rules for procedures for filing UCC liens and requests for information.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Any interested person wishing to file a UCC lien or requesting information on filed UCC liens.

CHAPTER ____: Rules for Food Security Act filings under Title 5, Section 90-A
STATUTORY AUTHORITY: 5 MRSA Section 90-A.
PURPOSE: The Secretary of State may find it necessary to adopt rules for procedures for filing FSA liens and requests for information as well as establishing a fee schedule.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Any interest person wishing to file a FSA lien or requesting information on filed FSA liens.

CHAPTER _____: Rules for the use of name search services in the Division of Corporations
STATUTORY AUTHORITY: 13-A MRSA Section 301, sub-section 6; 13-A MRSA Section 1303; 13-B MRSA Section 301, sub-section 5; 13-B MRSA Section 1302-A; 31 MRSA Section 413; 31 MRSA Section 612; 31 MRSA Section 812.
PURPOSE: The Secretary of State plans to adopt rules for the use of name search service, definitions and applicable forms for requesting name search service.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Any customers of the Division of Corporations wishing to have a corporate name checked for availability.

CHAPTER ____: Rules for determining whether or not a corporate, limited partnership, limited liability company, limited liability partnership or mark name is deceptively similar to another name on file
STATUTORY AUTHORITY: 10 MRSA Section 1527-A, sub-section 1; 13-A MRSA Section 301, sub-section 1; 13-B MRSA Section 301, sub-section 1; 31 MRSA Section 413, sub-section 5; 31 MRSA Section 612, sub-section 5; and 31 MRSA Section 812, sub-section 5.
PURPOSE: The Secretary of State may find it necessary to adopt rules to set standards to determine the similarity of a proposed named to a name currently on file.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Any customers of the Division of Corporations interested in forming a new entity filed with the State of Maine.

CHAPTER ____: Rules for filing of documents by electronic transmission
STATUTORY AUTHORITY: 10 MRSA Section 1527-A, sub-section 1; 13-A MRSA Section 106, sub-section G; 13-B MRSA Section 106, sub-section 5; 31 MRSA Section 413, sub-section 4; 31 MRSA Section 612, sub-section 4; and 31 MRSA Section 812, sub-section 4.
PURPOSE: The Secretary of State may find it necessary to adopt rules to establish procedures for governing the use of FAX machines for filing of documents with the Division of Corporations.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Any customer wishing to file documents with the Division of Corporations.

CHAPTER _____: Rules regarding access to the Corporate and UCC database
STATUTORY AUTHORITY: 10 MRSA Section 1527-C; 11 MRSA Section 9-410; 13 MRSA Section 904; 13-A MRSA Section 1405; 13-B MRSA Section 1404; 31 MRSA Section 415; 31 MRSA Section 614; and 31 MRSA Section 814.
PURPOSE: The Secretary of State may find it necessary to adopt rules for establishing procedures governing access to the Corporate and UCC databases through dial-in modem, public user workstations, and electronic duplicates of the database as well as establishing a fee schedule.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Any customer wishing to gain access to the databases of the Division of Corporations.

CHAPTER ____: Rules governing the acceptance of electronic filings of Federal Tax Liens under the Uniform Commercial Code
STATUTORY AUTHORITY: 11 MRSA Section 9-412.
PURPOSE: The Secretary of State may find it necessary to adopt rules for establishing procedures governing the acceptance of electronically filed Federal Tax Liens.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: The procedures by which the Internal Revenue Service may file Federal Tax Liens under the Uniform Commercial Code.

CHAPTER ____: Rules for approval of voting machines and electronic tabulating systems used by municipalities
STATUTORY AUTHORITY: 21-A MRSA Section 809, sub-section 1.
PURPOSE: The Secretary of State and the Attorney General may find it necessary to adopt rules to establish criteria and the process for the approval of voting machines and electronic tabulating systems as well as standards for removing approval for machine(s) or system(s) that do not continue to meet the approval criteria.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Any municipality that may want to use new voting machines and electronic voting systems.

CHAPTER ____: Rules for the use of voting machines and electronic tabulating systems
STATUTORY AUTHORITY: 21-A MRSA Section 813 and 844.
PURPOSE: The Secretary of State plans to adopt rules relating to the use of voting machines and electronic tabulating systems.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Municipalities using voting machines and electronic tabulating systems.

CHAPTER ____: Rules relating to initiative and peopležs veto questions
STATUTORY AUTHORITY: 21-A MRSA Section 901, sub-section 4.
PURPOSE: The Secretary of State may find it necessary to adopt rules to establish guidelines for the wording of initiative and peopležs veto questions as well as allowing the Secretary of State to clarify the wording of the questions as they appear on the petitions and ballots.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Anyone initiating legislation or a peopležs veto question, and the voters of the State of Maine, by assuring that initiative and peopležs veto questions are written in a clear and concise manner.


UMBRELLA -UNIT NUMBER: 29-255
AGENCY: Maine State Archives
CONTACT PERSON: Nina M. Osier, 84 State House Station, Augusta, ME 04333-0084. Tel: 207-287-5799.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1999- 2000 RULE-MAKING ACTIVITY:

CHAPTER 10: Rules for Disposition of Local Government Records
STATUTORY AUTHORITY: 5 MRSA Section 95-B, para. 7
PURPOSE: These rules set retention periods and provide disposition authorization for the records of local government agencies. They will be amended to provide retention periods and disposition authorization for records not now covered; clarify standards for approval of alternative repositories for local government records; clarify standards for use of commercial records centers to store local government records; define "public official" as this term relates to the maintenance and disposition of local government records; clarify media suitable for retention of permanently valuable records; and clarify procedures for destruction of local government records.
ANTICIPATED SCHEDULE: Late winter or early spring 2000.
AFFECTED PARTIES: Municipal and County officials; school and special district officials; general public seeking access to these records; nonprofit organizations such as libraries and historical societies, which may be designated as alternative repositories for local government records; operators of commercial records centers.


UMBRELLA-UNIT NUMBER: 94-591
AGENCY: Motor Carrier Review Board
CONTACT PERSON: Maurice Dionne, Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333-0029. Tel: (207) 624-9056

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1999-2000 RULE-MAKING ACTIVITY:

CHAPTER 1: Bylaws of the Maine Motor Carrier Review Board
STATUTORY AUTHORITY: 29-A MRSA Section 562
PURPOSE: This rule may be amended as necessary to meet whatever changes that may be deemed necessary for the Board to conduct its business.
ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: All motor carriers which have a violation history deemed to be serious enough to merit suspension action.

CHAPTER 2: Motor Carrier Review Board selection process
STATUTORY AUTHORITY: 29-A MRSA Section 562
PURPOSE: This rule allows the Board to select motor carriers for review in a fair and equitable manner.
ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: All motor carriers which have a violation history deemed to be serious enough to merit suspension action.

CHAPTER 3: Motor Carrier Review Board review process
STATUTORY AUTHORITY: 29 MRSA Section 562
PURPOSE: This rule sets the parameters on how the Board will deal with notifying carriers and the steps that will lead to recommendations made to the Secretary of State.
ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: All motor carriers which have a violation history deemed to be serious enough to merit suspension notice.


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