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State of Maine

90, 94, 95, 99

Independent Agencies

1999-2000 Regulatory Agenda


90-351: Workers' Compensation Board
90-429: Board of Licensure of Water Treatment Plant Operators
90-590: Maine Health Data Organization
94-178: Adaptive Equipment Loan Program Board
94-270: Commission on Governmental Ethics and Election Practices
94-293: Baxter State Park
94-348: Maine Human Rights Commission
94-376: Maine Municipal Bond Bank
94-409: Maine Indian Tribal-State Commission
94-411: Maine State Retirement System
94-434: Maine Educational Loan Authority
94-457: Finance Authority of Maine
94-591: Motor Carrier Review Board
99-346: Maine State Housing Authority
99-420: Maine Turnpike Authority

UMBRELLA-UNIT NUMBER: 90-351
AGENCY: Workers' Compensation Board
CONTACT PERSON: John C. Rohde, General Counsel, 27 State House Station, Augusta, Maine 04333-0027. Tel.: (207)287-7094

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

CONSENSUS-BASED RULE DEVELOPMENT: The Agency expects to employ consensus-based rule development in formatting planned rule changes.

EXPECTED 1999-2000 RULE-MAKING ACTIVITY:

CHAPTER 1: Payments
STATUTORY AUTHORITY: 39-A MRSA Section 152(2)
PURPOSE: Change section 1(A) to conform with amended Memorandum of Payment form.
ANTICIPATED SCHEDULE: Fall-Winter 1999
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys.

CHAPTER 1: Payments
STATUTORY AUTHORITY: 39-A MRSA Section 152(2)
PURPOSE: Change section 1(B) to conform with amended Memorandum of Payment form.
ANTICIPATED SCHEDULE: Fall-Winter 1999
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys.

CHAPTER 1: Payments
STATUTORY AUTHORITY: 39-A MRSA Sections 152(2) and 303
PURPOSE: Clarify section 2(A) regarding filing of Wage Statements.
ANTICIPATED SCHEDULE: Fall-Winter 1999
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys.

CHAPTER 2(1): Section 213 Compensation for Partial Incapacity
STATUTORY AUTHORITY: 39-A MRSA Section 152(2) and 213
PURPOSE: The permanent impairment threshold is due to be re-examined by January 1, 2000.
ANTICIPATED SCHEDULE: Winter 2000
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys.

CHAPTER 2(2): Section 213 Compensation for Partial Incapacity
STATUTORY AUTHORITY: 39-A MRSA Sections 152(2 and 213
PURPOSE: The benefit limitation in Section 213(4) is due to be re-examined by January 1, 2000.
ANTICIPATED SCHEDULE: Winter 1999-2000
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys.

CHAPTER 2(4): Section 213 Compensation for Partial Incapacity
STATUTORY AUTHORITY: 39-A MRSA Sections 152(2), 213 and 355
PURPOSE: Clarify process for obtaining reimbursement from the Employment Rehabilitation Fund.
ANTICIPATED SCHEDULE: Winter 1999-2000
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys.

CHAPTER 4(2)(4): Independent Medical Examiner
STATUTORY AUTHORITY: 39-A MRSA Sections 152(2) and 312
PURPOSE: To clarify whether an IME is available after a provisional order is ruled upon.
ANTICIPATED SCHEDULE: Winter 1999-2000
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys.

CHAPTER 4(2)(6)(C): Independent Medical Examiner
STATUTORY AUTHORITY: 39-A MRSA Sections 152(2) and 312
PURPOSE: Change reference to Deputy Director of Dispute Resolution to Deputy Director of Medical/Rehabilitation Services
ANTICIPATED SCHEDULE: Winter 1999-2000
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys.

CHAPTER 4(4)(A): Independent Medical Examiner
STATUTORY AUTHORITY: 39-A MRSA Sections 152(2), 209 and 312
PURPOSE: To link mileage reimbursements to the rates contained in the State's collective bargaining agreements.
ANTICIPATED SCHEDULE: Winter 2000
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys.

CHAPTER 4(4)(2): Independent Medical Examiner
STATUTORY AUTHORITY: 39-A MRSA Sections 152(2), 209 and 312
PURPOSE: To amend the maximum charge for an Independent Medical Exam.
ANTICIPATED SCHEDULE: Winter 2000
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys.

CHAPTER 5(4): Medical Fee Schedule
STATUTORY AUTHORITY: 39-A MRSA Sections 152(2) and 209
PURPOSE: Update CPT Codes.
ANTICIPATED SCHEDULE: Winter 2000
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys.

CHAPTER 6: Rehabilitation
STATUTORY AUTHORITY: 39-A MRSA Sections 152(2), 217 and 355
PURPOSE: Establish procedures for the Employment Rehabilitation process.
ANTICIPATED SCHEDULE: Fall-Winter 1999
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys.

CHAPTER 8: Procedures for Payment
STATUTORY AUTHORITY: 39-A MRSA Sections 152(2) and 318
PURPOSE: Amend the following paragraphs:
8(1) The Statement of Compensation Paid form will be due annually as opposed to every six months.
8(7) Amend to distinguish between 10% and 25% interest.
8(12) Add form WCB-2 to list of forms that may be filed when an incapacity payment is made.
8(16) Eliminates use of Employer's Supplemental Report and requires filing of corrected First Report of Injury where an injury causes more than one but less than seven days of incapacity.
ANTICIPATED SCHEDULE: Fall-Winter 1999
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys.

CHAPTER 9: Coordination of Benefits
STATUTORY AUTHORITY: 39-A MRSA Sections 152(2) and 221
PURPOSE: Clarify when a Modification of Compensation form must be filed.
ANTICIPATED SCHEDULE: Fall-Winter 1999
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys.

CHAPTER 12(1)(2): Formal Hearings
STATUTORY AUTHORITY: 39-A MRSA Sections 152(2) and 315
PURPOSE: To link mileage reimbursements to the rates contained in the State's collective bargaining agreements.
ANTICIPATED SCHEDULE: Fall-Winter 1999
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys.

CHAPTER 15: Penalties
STATUTORY AUTHORITY: 39-A MRSA Sections 152(2) and 152(7)
PURPOSE: Eliminate references to Deputy Director of Dispute Resolution.
ANTICIPATED SCHEDULE: Fall-Winter 1999
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys.

NEW RULES:

CHAPTER : Definitions
STATUTORY AUTHORITY: 39-A MRSA Sections 152(2)and 358-A(1)
PURPOSE: Provide definitions of the following terms:
Date of Payment
First Day of Compensability
Fourteen Day Waiting Period
Mail Day
ANTICIPATED SCHEDULE: Winter 1999
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys.

CHAPTER : Administrative Fund Assessments
STATUTORY AUTHORITY: 39-A MRSA Sections 152(2) and 154
PURPOSE: Clarify Administrative Fund Assessment procedures.
ANTICIPATED SCHEDULE: Fall-Winter 1999
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys.

CHAPTER : Funding of Employment Rehabilitation Fund
STATUTORY AUTHORITY: 39-A MRSA Sections 152(2) and 356
PURPOSE: Establish procedure to levy assessments when the amount of money in the Employment Rehabilitation Fund is less than $500,000.
ANTICIPATED SCHEDULE: Winter 1999-2000
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys.


UMBRELLA-UNIT NUMBER: 90-429
AGENCY: Board of Licensure of Water Treatment Plant Operators
CONTACT PERSON: Gary L. Geraway, Secretary, 10 State House Station, Augusta, ME 04333-0010. Tel: (207) 287-2070.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

Expected 1999-2000 RULE-MAKING ACTIVITY:

Chapter 1: Rules Relating to the Licensure of Water Treatment and Distribution System Operators
STATUTORY AUTHORITY: 22 MRSA Section 2628
PURPOSE: These rules are designed to regulate the certifying of operators of water treatment systems and water distribution systems serving the public. They will be amended to reflect policy and law changes.
ANTICIPATED SCHEDULE: Late summer or early fall 2000.
AFFECTED PARTIES: All water treatment and distribution system operators.

CHAPTER 1: State of Maine Rules Relating to Licensure of Operators: Adoption of changes regarding licensing of water treatment plant operators.
STATUTORY AUTHORITY: 22 MRSA Section 2601
ANTICIPATED SCHEDULE: Adoption expected by June 2000.
REGULATED PARTIES: All public drinking water supplies.
BENEFITTED PARTIES: Suppliers and consumers of public drinking water.


AGENCY UMBRELLA-UNIT NUMBER: 90-590
AGENCY NAME: Maine Health Data Organization
CONTACT PERSON: Alan M. Prysunka, Executive Director, Gardiner Annex - 122 Northern Avenue, 102 State House Station, Augusta, ME 04333-0102. Tel: (207) 624-8655

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1999-2000 RULE-MAKING ACTIVITY:

CHAPTER 10: Determination of Assessments
STATUTORY AUTHORITY: 22 MRSA § 8704, sub-§4 and § 8706, sub-§2.
PURPOSE: The rules identify those health care providers, insurers, health maintenance organizations, and third-party administrators required to pay annual assessments for the operation of the MHDO. The rules will be amended to make changes in the process for determining the assessments that each entity will be required to pay. ANTICIPATED SCHEDULE: April 2000 - June 2000
AFFECTED PARTIES: All Maine health care providers and all non-profit hospital and medical service organizations, health insurance carriers, health maintenance organizations and third-party administrators of health benefits plans administered for employers.

CHAPTER 100: Enforcement and Forfeiture Schedule
STATUTORY AUTHORITY: 22 MRSA § 8704, sub-§4 and § 8705, sub-§1.
PURPOSE: The rules will establish a schedule of forfeitures for failure to file data as required and failure to protect the disclosure of confidential or privileged data.
ANTICIPATED SCHEDULE: December 1999 - June 2000
AFFECTED PARTIES: Providers of health related data and all parties who access and utilize confidential or privileged data from the MHDO.

CHAPTER 120: Release of Information to the Public
STATUTORY AUTHORITY: 22 MRSA § 8704, sub-§4 and § 8707.
PURPOSE: The rules define privileged medical, information and confidential commercial information and establish the conditions for release, publication, and use of the health data (including derived analyses, reports or compilations) made available by the MHDO. The rules will be modified to reflect the changes made to the Maine Health Data Organization's data submittal rules (Chapters 241, 245, 300, and 630).
ANTICIPATED SHEDULE: December 1999 - June 2000

CHAPTER 125: Health Care Information that Directly Identifies an Individual
STATUTORY AUTHORITY: 22 MRSA § 1711-C, sub-§1(E).
PURPOSE: The rules will define health care information that may directly identify individuals. The definitions will be utilized in the implementation of certain aspects of PL 1997, Ch. 793 - An Act to Provide for Confidentiality of Health Care Information.
ANTICIPATED SCHEDULE: December 1999 - June 2000
AFFECTED PARTIES: Health care providers, payers, and recipients; and all parties who access and utilize confidential health related data.

CHAPTER 300: Financial Data Reporting Requirements
STATUTORY AUTHORITY: 22 MRSA § 8704, sub-§4 and § 8709, sub-§l.
PURPOSE: The rules will specify the financial data elements that each health care facility shall file with the MHDO. The financial data are to generally include: costs of operation, revenues, assets, liabilities, fund balances, other income, rates, charges, and units of services. ANTICIPATED SCHEDULE: December 1999 - June 2000
AFFECTED PARTIES: All health care facilities located in Maine.

CHAPTER 630: Review and Approval of Hospital Restructuring
STATUTORY AUTHORITY: 22 MRSA § 8704, sub-§4 and § 8710, sub-§2.
PURPOSE: The proposed amended rules will require providers and payers to report the occurrence of major structural changes relevant to the restructuring of the delivery and financing of health care in Maine and to the potential effects of that restructuring upon consumers. The rules will also eliminate all approval provisions as a result of statutory modifications.
ANTICIPATED SCHEDULE: December 1999 - June 2000
AFFECTED PARTIES: Maine health care providers and payers of a yet to be determined size.


UMBRELLA UNIT NUMBER: 94-178
AGENCY: Adaptive Equipment Loan Fund Program Board
CONTACT PERSON: Christopher H. Roney, Counsel to the AELP Board, c/o Finance Authority of Maine, 83 Western Avenue, PO Box 949, Augusta, Maine 04332-0949. Tel: (207) 623-3263.

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 1999-2000 RULE-MAKING ACTIVITY:

CHAPTER 501: Adaptive Equipment Loan Program Fund Board Rule.
STATUTORY AUTHORITY: 10 MRSA Section 374(4), et seq.; 5 MRSA Section 8051, 5 MRSA Section 9001.
PURPOSE: To make such changes as are necessary to provide loans to eligible borrowers in the most efficient manner.
ANTICIPATED SCHEDULE: Approval for Rulemaking: February 2000; Public Hearing: March 2000; Adoption Date: May 2000.
AFFECTED PARTIES: Individuals enabled to lead more independent lives as a result of equipment purchased with loan proceeds; businesses able to comply with the Americans Disability Act and the Maine Human Rights Act as a result of use of loan process.
CONSENSUS-BASED RULE DEVELOPMENT: The Board does not intend to employ consensus-based rule development.

CHAPTER 502: Bylaws and Administration of the Adaptive Equipment Loan Program Fund Board.
STATUTORY AUTHORITY: 10 MRSA Section 374(4), et seq.; 5 MRSA Section 8051, 5 MRSA Section 9001.
PURPOSE: To amend bylaws; administrative procedures, and the appeals process as necessary for the efficient administration of the Board and the Program.
ANTICIPATED SCHEDULE: Approval for Rulemaking: February 2000; Public Hearing: March 2000; Adoption Date: April 2000.
AFFECTED PARTIES: Any applicant seeking to appeal a decision of the Board. Board members who are provided guidance in the operation of the Board.
CONSENSUS-BASED RULE DEVELOPMENT: The Board does not intend to employ consensus-based rule development.


UMBRELLA-UNIT NUMBER: 94-270
AGENCY: Commission on Governmental Ethics and Election Practices
CONTACT PERSON: William C. Hain, III, Executive Director, 135 State House Station, Augusta, ME 04333-0135. Tel: (207) 287-6219.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1999-2000 RULE-MAKING ACTIVITY:

CHAPTER 1: Procedures
STATUTORY AUTHORITY: 1 MRSA Section 1002, as amended; 1 MRSA Section 1003; 21-A MRSA Section 1017, sub-section 3-B; 21-A MRSA Section 1019, as amended; 21-A MRSA Section 1125, sub-section 9; 21-A MRSA Section 1126.
PURPOSE: These rules describe the nature and operation of the Commission and establish procedures by which its actions will be governed, and include provisions on accelerated reporting schedules and reports of independent expenditures mandated by the Maine Clean Election Act. They may have to be amended to accommodate any changes mandated by the Federal District Court pursuant to pending litigation, or as a result of statutory changes in anticipation of the year 2000 elections.
ANTICIPATED SCHEDULE: Summer 2000 (possible).
AFFECTED PARTIES: The general public at large, including prospective candidates and parties interested in becoming candidates for statewide, state, and county office; candidates in municipalities with a population of 15,000 or more; lobbyists; political action committees; and members of the Legislature.
CONSENSUS-BASED RULE DEVELOPMENT: Stakeholder participation likely.

CHAPTER 2: Hearing Procedures
STATUTORY AUTHORITY: 1 MRSA Section 1003
PURPOSE: These rules establish the procedures applicable to hearings before the Maine Commission on Governmental Ethics and Election Practices that may be held to consider any matter within the Commissionțs statutory authority. No changes are anticipated.
ANTICIPATED SCHEDULE: Not applicable.
AFFECTED PARTIES: The general public at large, including prospective candidates and parties interested in becoming candidates for statewide, state, and county office; candidates in municipalities with a population of 15,000 or more; lobbyists; political action committees; and members of the Legislature.

CHAPTER 3: Maine Clean Election Act and Related Provisions
STATUTORY AUTHORITY: 21-A MRSA chapter 14
PURPOSE: These rules establish the implementing procedures for the Maine Clean Election Act and related provisions, including definitions; procedures for participation in the Act; certification of participating candidates; fund administration; distribution of funds to certified candidates; recordkeeping and reporting requirements; and procedures for recounts, vacancies, and special elections. They may have to be amended to accommodate any changes mandated by the Federal District Court pursuant to pending litigation, or as a result of legislative changes in anticipation of the year 2000 elections.
ANTICIPATED SCHEDULE: Summer 2000 (possible).
AFFECTED PARTIES: The general public at large, including prospective candidates and parties interested in becoming candidates for the office of Governor, State Senator, or State Representative.

CONSENSUS-BASED RULE DEVELOPMENT: Stakeholder participation likely.


UMBRELLA/UNIT NUMBER: 94-293
AGENCY: Baxter State Park
CONTACT PERSON: Roxanna McLean, 64 Balsam Drive, Millinocket, ME 04462, 723-9500

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

CHAPTER 1: Reservations, Fees, Vehicles, Pets or Releasing Animals, Registration, Entrance Permits, Camping, Parking, Traffic, Groups, Minors, Fires, Litter, Washing, Feeding Animals, Disturbances, Climbing or Mountain Hiking, Aircraft, Boats, Motorcycles, ATV's, & Bicycles, Snowmobiles, Firearms, Hunting, and Trapping, Fishing, Protecting of Natural and Cultural Resources, Audio Devices, Power Equipment, Liquor and Drugs, Closed Areas, Special Research Studies, Violations. STATUTORY AUTHORITY: 5 MRSA Section 8056
PURPOSE: The purpose of every rule and regulation we have or will ever propose is to uphold the wishes of Park donor and former Governor Percival P. Baxter by 1) protecting the natural resources and wilderness experiences in Baxter Park, 2) providing for human safety and 3) providing for responsible fiscal management of the funds upon which the Park is dependent.
Purchase of Services and Awards: The purpose of this rule is to inform contractors of the appropriate procedures when bidding on work for Baxter State Park and to ensure a fair and adequate bidding and award process for contracted services within BSP.
ANTICIPATED SCHEDULE: When the need arises to alter this regulation, we will make very specific changes to protect the resource and uphold the best interest of the publicțs trust in the Park and ensure that decisions made today protect the park for the enjoyment of generations of Mainers in the future.
AFFECTED PARTIES: Any person entering the Park for day use or camping purposes.


UMBRELLA-UNIT NUMBER: 94-348
AGENCY: Maine Human Rights Commission
CONTACT PERSON: John E. Carnes, Commission Counsel, 51 State House Station, Augusta, ME 04333-0051, Tel: (207) 624-6050

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1999 - 2000 RULE-MAKING ACTIVITY: None


UMBRELLA-UNIT NUMBER: 94-376
AGENCY: Maine Municipal Bond Bank
CONTACT PERSON: Robert W. Dunn, Information Officer, PO Box 2268, Augusta, ME 04338-2268 (207) 622-9386. rwd@mainebondbank.com

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 1999-2000 RULE-MAKING ACTIVITY: None


UMBRELLA-UNIT NUMBER: 94-409
AGENCY: Maine Indian Tribal-State Commission
CONTACT PERSON: Diana Scully, Executive Director, PO Box 87, Hallowell, Maine 04347 622-4815

LIST OF ALL EMERGENCY RULES ADOPTED SINCE YOUR LAST REGULATORY AGENDA: None

LIST OF ALL RULES AGENCY EXPECTS TO PROPOSE BETWEEN NOW AND JULY 2000.

CHAPTER 201: Fishing on Waters under Jurisdiction of Maine Indian Tribal-State Commission
STATUTORY AUTHORITY: 30 MRSA Section 6207(3)
PURPOSE: To license commercial activities on waters under the jurisdiction of Maine Indian Tribal-State Commission and other issues that the State and the Tribes agree need to be addressed.
ANTICIPATED SCHEDULE: Spring or summer 2000
POTENTIALLY BENEFITTED AND REGULATED PARTIES: Passamaquoddy and Penobscot Tribal Members, as well as non- Tribal Members who fish on MITSC waters.

Information on any planned use of MITSC is premised on the concept of consensus based rule development
Adoption of MITSC's rules cannot occur unless there is agreement by the State of Maine, the Passamaquoddy Tribe, and the Penobscot Nation.


UMBRELLA/UNIT NUMBER: 94-411
AGENCY: Maine State Retirement System
CONTACT PERSON(S): Kay RH Evans, Executive Director; Gail Drake Wright, Chief Deputy, 46 State House Station, Augusta, ME 04333-0046

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

CHAPTER 101: Average Final Compensation
STATUTORY AUTHORITY: 5 MRSA Sections 17103(4) and 17001(13)
PURPOSE: Amend if necessary; repeal and replace if necessary; țcappingț requirements for average final compensation need to be established; may require a separate rule
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Members of Maine State Retirement System; employers

CHAPTER 102: Qualification as a Full-time Student
STATUTORY AUTHORITY: 5 MRSA Section 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Members/beneficiaries of Maine State Retirement System

CHAPTER 103: Qualified Domestic Relations Orders
STATUTORY AUTHORITY: 5 MRSA Section 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Divorcing members/retirees and their spouses

CHAPTER 201: Reporting by Participating Local Districts and Public Schools
STATUTORY AUTHORITY: 5 MRSA Section 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: School administrative units and participating local districts

CHAPTER 202: Medical Board
STATUTORY AUTHORITY: 5 MRSA Section 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Disability applicants/benefit recipients

CHAPTER 203: Local Districts that Resume MSRS Participation after Withdrawal
STATUTORY AUTHORITY: 5 MRSA Section 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Participating local districts and employees of participating local districts that have withdrawn from Maine State Retirement System

CHAPTER 301: Interest Calculations
STATUTORY AUTHORITY: 5 MRSA Section 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Members of Maine State Retirement System

CHAPTER 302: Retirement Incentives
STATUTORY AUTHORITY: 5 MRSA Section 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Members of Maine State Retirement System; employers

CHAPTER 401: Membership and Creditable Service - State Employees and Participating District Employees
STATUTORY AUTHORITY: 5 MRSA Section 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: State employees and participating local district members of Maine State Retirement System; employers

CHAPTER 402: Interest Charges on Back Contributions
STATUTORY AUTHORITY: 5 MRSA Section 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Members of Maine State Retirement System

CHAPTER 403: Crediting of Sick Leave under 5 MRSA Section 1094, sub-section 6
STATUTORY AUTHORITY: 5 MRSA Section 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Members of Maine State Retirement System

CHAPTER 404: Membership and Creditable Service - Public School Teachers
STATUTORY AUTHORITY: 5 MRSA Section 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: State and Teacher members of Maine State Retirement System; employers

CHAPTER 405: Rate of Regular Interest
STATUTORY AUTHORITY: 5 MRSA Section 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: None

CHAPTER 406: Payment or Repayment of Contributions, Back Time, Refunds or Purchase of Service Credits
STATUTORY AUTHORITY: 5 MRSA Sections 17103(4), 17704, 17704-A, 17763 and 18362
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Members of Maine State Retirement System

CHAPTER 407: Contributions on Lump-sum Salary Payments under P&S Laws of 1985, c. 145, 146, 147
STATUTORY AUTHORITY: 5 MRSA Section 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Members of Maine State Retirement System

CHAPTER 408: Military Service Credit
STATUTORY AUTHORITY: 5 MRSA Section 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Members of Maine State Retirement System; employers

CHAPTER 409: Contributions on Lump-sum Salary Payments under P&S Laws of 1987, Chapter 45
STATUTORY AUTHORITY: 5 MRSA Section 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Members of Maine State Retirement System

CHAPTER 501: Eligibility of MSRS Members to Apply for Disability Retirement Benefits
STATUTORY AUTHORITY: 5 MRSA Section 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Members of Maine State Retirement System; employers

CHAPTER 502: Review of Eligibility of Recipients of Disability Benefits
STATUTORY AUTHORITY: 5 MRSA Section 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Members of Maine State Retirement System; disability recipients; employers

CHAPTER 503: Retirees Engaged on a Contractual Basis
STATUTORY AUTHORITY: 5 MRSA Sections 17103(4), 17855(1) and 17906(3)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Maine State Retirement System retirees

CHAPTER 504: Reemployment of Recipients of Disability Retirement Benefits Formerly Employed as State Employees or Teachers
STATUTORY AUTHORITY: 5 MRSA Section 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Maine State Retirement System disability recipients; members; employers

CHAPTER 505: Request for Suspension of Retirement Benefits
STATUTORY AUTHORITY: 5 MRSA Section 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Maine State Retirement System members

CHAPTER 506: Rehabilitation of Recipients of Disability Retirement Benefits
STATUTORY AUTHORITY: 5 MRSA Section 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Maine State Retirement System disability recipients

CHAPTER 507: Determination of Inability to Engage in Substantially Gainful Activity
STATUTORY AUTHORITY: 5 MRSA Section 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Members of Maine State Retirement System; employers

CHAPTER 508: Disability Retirement under 5 MRSA Section 1122 as in Effect Prior to July 1, 1997
STATUTORY AUTHORITY: 5 MRSA Section 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Members of Maine State Retirement System; disability recipients; employers

CHAPTER 509: Determination of Impossibility to Perform the Duties of the Employment Position
STATUTORY AUTHORITY: 5 MRSA Sections 17103(4), 17901, 17921, 18501 and 18521
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Members of Maine State Retirement System; disability recipients; employers

CHAPTER 601: State Group Life Insurance
STATUTORY AUTHORITY: 5 MRSA Sections 17103(4), 18503 and 18653
PURPOSE: Amend if necessary; update; repeal if necessary and replace; may require several separate rules
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Participants in Maine State Retirement System Group Life Insurance Program

CHAPTER 701: Rules of Practice Governing Adjudicatory Proceedings Before the MSRS Board of Trustees
STATUTORY AUTHORITY: 5 MRSA Section 17103(4)
PURPOSE: Repeal
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Persons appealing matters other than decisions of the Executive Director

CHAPTER 702: Appeals of Decisions of the Executive Director
STATUTORY AUTHORITY: 5 MRSA Section 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Persons appealing decisions of the Executive Director

CHAPTER 802: Participating Local Districts: Membership of Part-time, Seasonal or Temporary Employees
STATUTORY AUTHORITY: 5 MRSA Section 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Participating Local Districts and Participating Local District employees

CHAPTER 803: Participating Local District Consolidated Retirement Plan
STATUTORY AUTHORITY: 5 MRSA Section 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Participating local districts and their employees

CHAPTER 901: Adjustment to Retirement Benefits for Confidential State Employees
STATUTORY AUTHORITY: 5 MRSA Section 17103(4)
PURPOSE: Amend if necessary; repeal or replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Maine State Retirement System members

NEW RULE: Deferred Compensation/Defined Contribution Plans
STATUTORY AUTHORITY: 5 MRSA Section 17103(4)
PURPOSE: New rule(s); to establish requirements and procedures for implementing defined contribution plan, if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Maine State Retirement System members; employers

NEW RULE: Proration of Lump-sum Workersț Compensation Payments
STATUTORY AUTHORITY: 3 MRSA Section 853, 4 MRSA Section 1353(6), 5 MRSA Sections 17103(4), 17906, 17930, 18005, 18506 and 18530
PURPOSE: New rule(s); to provide basis for proration of lump-sum Workersț Compensation payments
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Maine State Retirement System disability recipients

NEW RULE: Earnings Limitation under Article 3 and Article 3-A Disability Programs
STATUTORY AUTHORITY: 3 MRSA Section, 853, 4 MRSA Section 1353(5), 5 MRSA Sections 17103(4), 17906(1), 17930, 18506 and 18530
PURPOSE: New rule(s); to establish interpretation/application of statutes; standards; procedures
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Maine State Retirement System members; disability recipients; employers

NEW RULE: Compliance with Payroll and Reporting Requirements
STATUTORY AUTHORITY: 5 MRSA Sections 17103(4) and 17105(5)(B)
PURPOSE: New rules; to establish a schedule of penalties and interest to ensure compliance with payroll reporting/payment, recordkeeping responsibilities, and related compliance procedures
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Maine State Retirement System members; employers

NEW RULE: State Police Officers: 25 Year/No Age Retirement Purchase
STATUTORY AUTHORITY: 5 MRSA Section 17103(4)
PURPOSE: New rule; to establish procedural and other requirements
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: State Police Officers

NEW RULE: IFW, MR and BSP Law Enforcement Officers: 25/55 Retirement Purchase
STATUTORY AUTHORITY: 5 MRSA Section 17103(4)
PURPOSE: New rule; to establish procedural and other requirements
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Inland Fisheries and Wildlife, Marine Resources and Baxter State Park Law Enforcement Officers

NEW RULE: Implementation of Board Authority and Responsibilities under Article 9, Sections 18-A and B of the Maine Constitution
STATUTORY AUTHORITY: 5 MRSA Section 17103(4)
PURPOSE: New rule(s); implementation of Constitutional amendment (Article 9, sections 18-A and B)
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Maine State Retirement System employers; members, retirees, taxpayers

NEW RULE: Payroll Reporting
STATUTORY AUTHORITY: 5 MRSA Sections 17103(4), 17601 and 17701
PURPOSE: New rules to establish requirements due to automation of the Systemțs recordkeeping processes.
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Maine State Retirement System employers; members

NEW RULE: Implementation of Guidelines for Medical Consultation on Disability Cases
STATUTORY AUTHORITY: 5 MRSA Sections 17103(4), 17106, 17902, 17925, 18502 and, 18525
PURPOSE: New rule to establish procedural and other requirements
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Maine State Retirement System members; disability recipients

NEW RULE: Implementation of Guidelines for Continuation of Disability Benefits while Actively Seeking Work
STATUTORY AUTHORITY: 5 MRSA Sections 17103(4) and 17929(2)(B)(1)
PURPOSE: New rule; to establish procedural and other requirements
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Maine State Retirement System disability retirees under Article 3-A

NEW RULE: Permanency of Incapacity
STATUTORY AUTHORITY: 5 MRSA Sections 17103(4), 17901 and 17921
PURPOSE: New rule(s); to establish procedural and other requirements
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Maine State Retirement System members, disability recipients

NEW RULE: Death Benefits
STATUTORY AUTHORITY: 5 MRSA Sections 17103(4), 17951-17953, 18001-18006, 18551-18557 and 18601-18606
PURPOSE: New rules; to establish procedural and other requirements
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Designated beneficiaries, surviving spouses, children, parents and estates of Maine State Retirement System members

NEW RULE: Mortality and Service Tables
STATUTORY AUTHORITY: 3 MRSA Section 701(2), 4 MRSA Section 1201(2), 5 MRSA Sections 17001(2), 17103(4)
PURPOSE: New rule(s); to adopt mortality and service tables providing actuarial bases for benefit and offset calculations
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Maine State Retirement System members

NEW RULE: Refunds of Accumulated Contributions
STATUTORY AUTHORITY: 5 MRSA Sections 17103(4), 17705, 17706 18306 and 18307
PURPOSE: New rule; to establish procedural and other requirements
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Maine State Retirement System members, their designated beneficiaries, surviving spouses, children, parents and estates

OTHER NEW RULEMAKING ACTIONS: Automated Processing
STATUTORY AUTHORITY: 5 MRSA Section 17103(4)
PURPOSE: Amend current rules and adopt new rules as necessary to convert to increased use of automated processing to enhance timeliness and accuracy of Maine State Retirement System functions.
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Members of Maine State Retirement System; employers

The Maine State Retirement System also intends to do a general update and format revision of its entire set of rules.


UMBRELLA/UNIT NUMBER: 94-434
AGENCY: Maine Educational Loan Authority
CONTACT PERSON: Timothy Sabo, 526 Western Avenue, Augusta, ME 04332 (207) 791-3600

EMERGENCY RULES: None

CHAPTER Medical Student Loan
STATUTORY AUTHORITY: 20-A MRSA Section 11417 (1)(N)
PURPOSE: Specify scope, authority and procedures for making and administering educational loan and other assistance to medical students.
SCHEDULE FOR ADOPTION: Re-promulgation of rule adopted in 1998-99 after notice and comment. Pending clarification from Department of Attorney General, re-promulgation of rule may not be necessary. If re-promulgation is necessary, re-promulgation will be made in Fall 1999.
AFFECTED PERSONS: Graduate and undergraduate students enrolled in medical education programs.
CONSENSUS BASED RULE-MAKING: No current plans.


UMBRELLA UNIT NUMBER: 94-457
AGENCY: Finance Authority of Maine
CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, 83 Western Avenue, PO Box 949, Augusta, Maine 04332-0949. Tel: (207) 623-3263.

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA:

Amendment to Chapter 601, Maine Student Incentive Scholarship Program (Final Rule Amendment adopted by regular rulemaking at the September 16, 1999 meeting of the FAME Board of Directors);

Chapter 317, Nutrient Management Loan Program (Final rule adopted by regular rulemaking at the September 16, 1999 meeting of the FAME Board of Directors);

Chapter 613, Quality Child Care Education Scholarship Program (Final rule adopted by regular rulemaking at the September 16, 1999 meeting of the FAME Board of Directors).

EXPECTED 1999-2000 RULE-MAKING ACTIVITY:

CHAPTER 1: Bylaws and Administration of the Finance Authority of Maine
STATUTORY AUTHORITY: 10 MRSA Section 969-A(14); 5 MRSA Section 9001.
PURPOSE: To provide guidelines for the administration of the Finance Authority of Maine, including conflicts of interest; to establish procedures to obtain advisory rulings and for the conduct of contested public hearings.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: April 2000;
Public hearing: May 2000; Adoption Date: June 2000.
AFFECTED PARTIES: All businesses and individuals who require an advisory ruling from the Authority or who are involved in contested hearings before the Authority and the Board and staff members who will have guidance for the basic administration of the Authority.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

CHAPTER 101: Mortgage Insurance Program.
STATUTORY AUTHORITY: 10 MRSA Section 969-A(14).
PURPOSE: To provide for the efficient administration of the Program and to make changes necessary to better assist eligible borrowers. To combine all FAME loan insurance programs into one rule.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: November 1999;
Public hearing: December 1999; Adoption Date: January 2000.
AFFECTED PARTIES: Maine businesses which will have enhanced ability to access credit.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

CHAPTER 103: Small Business and Veterans' Small Business Mortgage Insurance Programs.
STATUTORY AUTHORITY: 10 MRSA Section 969-A(14).
PURPOSE: To provide for the efficient administration of the programs; to implement legislative changes; to better assist eligible borrowers; and to combine all loan insurance programs into one rule.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: November 1999; Public hearing: December 1999; Adoption Date: January 2000.
AFFECTED PARTIES: Maine businesses with up to 50 employees and sales of up to $5,000,00.00.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

CHAPTER 104: Secondary Market Taxable Bond Program.
STATUTORY AUTHORITY: 10 MRSA Section 969-A(14); 10 MRSA Section 1021 et seq.; 10 MRSA Section 1041 et seq.
PURPOSE: To provide for the efficient administration of the program and to make changes necessary to better assist eligible borrowers in accessing the taxable bond market.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: February 2000;
Public hearing: March 2000; Adoption Date: April 2000.
AFFECTED PARTIES: Maine businesses.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

CHAPTER 105: Secondary Market Tax-Exempt Bond Program
STATUTORY AUTHORITY: 10 MRSA Section 969-A(14); 10 MRSA Section 1021 et seq.; 10 MRSA Section 1041 et seq.
PURPOSE: To provide for the efficient administration of the program and to make changes necessary to better assist eligible borrowers in accessing the tax exempt bond market and to comply with amendments to the Internal Revenue Code.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: February 2000; Public hearing: March 2000; Adoption Date: April 2000.
AFFECTED PARTIES: Maine manufacturers eligible for tax exempt financing as determined by the United States Internal Revenue Code.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

CHAPTER 106: Agricultural Operating Loan Insurance Program
STATUTORY AUTHORITY: 10 MRSA Section 969-A(14).
PURPOSE: To provide for the efficient administration of the program and to make changes necessary to better assist eligible borrowers.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: April 2000; Public hearing: May 2000; Adoption Date: June 2000.
AFFECTED PARTIES: Maine agricultural enterprises.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

CHAPTER 201: Municipal Securities Approval Program
STATUTORY AUTHORITY: 10 MRSA Section 969-A(14); 10 MRSA Section 1061 et seq.
PURPOSE: To provide for the efficient administration of the program and to make changes necessary to better assist eligible borrowers in accessing financing opportunities. To bring the Program in compliance with any changes in federal or state law or regulation.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: January 2000; Public hearing: February 2000; Adoption Date: March 2000.
AFFECTED PARTIES: Maine manufacturers seeking to expand or make improvements.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

CHAPTER 202: Revenue Obligation Securities Program.
STATUTORY AUTHORITY: 10 MRSA Section 969-A(14); 10 MRSA Section 1044; 10 MRSA Section 1054.
PURPOSE: To provide for the efficient administration of the program and to make changes necessary to better assist eligible borrowers in accessing bond financing, including financing for paper industry job retention projects and to bring the program in compliance with the changes in federal or state law or regulation.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: January 2000;
Public hearing: February 2000; Adoption Date: March 2000.
AFFECTED PARTIES: Maine Businesses seeking tax exempt financing.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

CHAPTER 203: Allocation of State Ceiling on Private Activity Bonds
STATUTORY AUTHORITY: 10 MRSA Section 969-A(14); 10 MRSA Section 980-A.
PURPOSE: To provide for the efficient administration of the State's ability to issue tax-exempt bonds.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: March 2000; Public hearing: April 2000; Adoption Date: May 2000.
AFFECTED PARTIES: Eligible entities seeking tax exempt financing.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

CHAPTER 204: Secondary Market Program.
STATUTORY AUTHORITY: 10 MRSA Section 969-A(14).
PURPOSE: To set out standards and procedures for the implementation and efficient administration of the Program.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: September 2000;
Public hearing: October 2000; Adoption Date: November 2000.
AFFECTED PARTIES: Maine businesses which will be able to access additional funds made available as loans are sold on the secondary market. Banks which will be able to obtain more liquidity by selling guaranteed loans on the Secondary Market.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

CHAPTER 205: Education Loans Through Lenders Program
STATUTORY AUTHORITY: 10 MRSA Section 969-A(14), PL 1999, Ch. 443
PURPOSE: This rule establishes the procedures and standards by which the authority may use the proceeds of tax exempt bonds to make education loans to eligible borrowers through intermediary financial institutions. The authority may enter into agreements with eligible financial institutions which show that they will pass on the benefits of the tax exempt financing to individuals applying for education loans
ANTICIPATED SCHEDULE: Approval for Rulemaking: June 2000; Public hearing: July 2000, Adoption Date: August 2000.
AFFECTED PARTIES: All current and potential students in the State of Maine attending institutions of higher education applying for financial aid.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

CHAPTER 301: Maine Job-Start Program
STATUTORY AUTHORITY: 10 MRSA Section 969-A(14); 10 MRSA Section 1100-N(2) and (3)
PURPOSE: To provide for the efficient administration of the program and to make changes necessary to better assist regional economic development agencies participating in the program and eligible borrowers and for implementing changes in the legislative mandate.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: May 2000; Public hearing: June 2000; Adoption Date: July 2000.
AFFECTED PARTIES: Low income individuals starting or expanding a small business; regional community action programs which administer the revolving funds.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

CHAPTER 305: Underground Oil Storage Facility or Tank Replacement Program.
STATUTORY AUTHORITY: 10 MRSA Section 969-A(14); 10 MRSA Section 1023-D(3); 10 MRSA Section 1023-F(3).
PURPOSE: To provide for the efficient administration of the program and to make changes necessary to better assist eligible borrowers and to implement legislative changes.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: May 2000; Public hearing: June 2000; Adoption Date: July 2000.
AFFECTED PARTIES: Maine businesses which are required to remove Underground Oil Storage Tanks or Facilities within the next two years or are undertaking an above-ground oil storage tank project or which are required to install equipment related to air quality improvement.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

CHAPTER 307: Maine Seed Capital Tax Credit Program.
STATUTORY AUTHORITY: 10 MRSA Section 969-A(14); 10 MRSA Section 1100-T.
PURPOSE: To provide for the efficient administration of the program and to make changes necessary to reflect legislative changes and to better assist eligible borrowers.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: November 1999; Public hearing: December 1999; Adoption Date: January 1999.
AFFECTED PARTIES: Maine businesses receiving investments and investors receiving tax benefits as a result of their investments in Maine businesses.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

CHAPTER 308: Overboard Discharge Replacement Program.
STATUTORY AUTHORITY: 10 MRSA Section 969-A(14); 10 MRSA Section 1023-E(3); 10 MRSA Section 1026-G(3).
PURPOSE: To provide for the efficient administration of the program and to make changes necessary to better assist eligible borrowers.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: May 2000; Public hearing: June 2000; Adoption Date: July 2000.
AFFECTED PARTIES: Maine businesses receiving assistance with the replacement of an overboard discharge system.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

CHAPTER 309: Waste Reduction and Recycling Loan Fund Program.
STATUTORY AUTHORITY: 10 MRSA Section 969-A(14); 10 MRSA Section 1023-F.
PURPOSE: To provide for the efficient administration of the program and to make changes necessary to better assist eligible borrowers.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: May 2000; Public hearing: June 2000; Adoption Date: July 2000.
AFFECTED PARTIES: Maine businesses receiving financial assistance for use in implementing a waste reduction or recycling project.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

CHAPTER 311: Economic Recovery Loan Program.
STATUTORY AUTHORITY: 10 MRSA Section 969-A(14); 10 MRSA Section 1026-J.
PURPOSE: To amend the rule as necessary to provide for the efficient administration of the program to better assist eligible borrowers.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: February 2000; Public Hearing: March 2000; Adoption Date: April 2000.
AFFECTED PARTIES: Maine manufacturing, industrial, recreational or natural resource enterprise projects, which will provide significant public benefit to the State.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

CHAPTER 312: Intermediary Relending Loan Program.
STATUTORY AUTHORITY: State: 10 MRSA Section 696-A(14); Federal: 7 U.S.C. 2007a.
PURPOSE: To amend the rule to incorporate changes necessitated by Federal legislative, regulatory or policy directives or to more efficiently administer the programs and assist borrowers.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: May 2000; Public Hearing: June 2000; Adoption Date: July 2000.
AFFECTED PARTIES: Potential new businesses or businesses requiring funds for expansion; businesses requiring funds to maintain or create jobs. Businesses providing employment to low income individuals. All individuals who secure or retain employment as a result of funds loaned.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

CHAPTER 314: Regional Economic Development Revolving Loan Program.
STATUTORY AUTHORITY: P.L. 1994, Ch. 722; 10 MRSA Section 1026-M.
PURPOSE: Establishes the procedures, standards, fees, requirements and criteria for participation in the program.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: October 1999; Public Hearing: November 1999; Adoption Date: December 1999.
AFFECTED PARTIES: Local, regional and statewide nonprofit or governmental economic development corporations or entities and eligible businesses which receive loans.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

CHAPTER 315: Family Development Account Program.
STATUTORY AUTHORITY: P.L. 1997, Ch. 518; 10 MRSA Section 1075, et seq.
PURPOSE: Establishes the procedures, standards, fees, requirements and criteria for participation in the program.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: November 1999; Public Hearing: December 1999; Adoption Date: January 2000.
AFFECTED PARTIES: Individuals whose family income is below 200% of the non-farm income official poverty line as defined by the Federal Office of Management and Budget.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

CHAPTER 317: Nutrient Management Loan Program
STATUTORY AUTHORITY: 7 MRSA Section 4201; P.L. 1999, Ch. 530
PURPOSE: Establishes the procedures, standards and fees applicable to Borrowers applying for loans from the Authority's program of direct loans for the finance of construction of livestock manure and milk room waste containment and handling facilities as set forth in the Nutrient Management Act, 7 MRSA Section 4201 et seq., and Chapter 565 of the Rules of the Department of Agriculture, Food and Rural Resources, from a portion of the Clean Water Revolving Loan Fund, provided by the United States Environmental Protection Agency through the Maine Municipal Bond Bank and the Maine Department of Environmental Protection.
ANTICIPATED SCHEDULE: Approved for Emergency Rulemaking by FAME Board: June 17, 1999; Regular Rulemaking Anticipated Adoption Date: September 20, 1999.
AFFECTED PARTIES: Any and all agricultural enterprises in Maine which generate or utilize nutrients in their operations, and which are in immediate need for financing to build facilities to comply with applicable law and regulations.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

CHAPTER 318: Wells Waste Oil Clean-up Program.
STATUTORY AUTHORITY: 10 MRSA Section 969 (14); P.L. 1999; Ch. 505
PURPOSE: This rule establishes the procedures and standards applicable to grant and loan recipients and financial institutions participating in the Authority's statewide program for awarding grants and for making or insuring loans to finance the response costs incurred by responsible parties for the investigation, removal and remediation of waste-oil contamination at the Portland-Bangor Waste Oil Services Site in Wells.
ANTICIPATED SCHEDULE: Approval for Rulemaking: August 19, 1999; Public Hearing: September 16, 1999; Anticipated Adoption Date: November 23, 1999.
AFFECTED PARTIES: This rule is necessary to inform borrowers and financial institutions of the requirements and standards for obtaining either direct loans, grants or mortgage loan insurance to finance the response costs incurred by borrowers in connection with the clean-up of the Wells Waste Oil Disposal Site.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

CHAPTER 601: Maine Student Incentive Scholarship Program.
STATUTORY AUTHORITY: 10 MRSA Section 969-A(14); 20-A MRSA Section 11613.
PURPOSE: To make necessary adjustments to the Maine Student Incentive Scholarship Program to insure its efficient administration.
ANTICIPATED SCHEDULE: Approval for Rulemaking: July 1999; Public Hearing: August 1999; Adopted: September 16, 1999.
AFFECTED PARTIES: Secondary school students who may be eligible for a Maine Student Incentive Scholarship Grant.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

CHAPTER 602: Maine Guaranteed Student Loan Programs.
STATUTORY AUTHORITY: 10 MRSA Section 969-A(14); 20-A MRSA Section 11401 et seq.
PURPOSE: To provide for the efficient administration of the Program to allow eligible students to apply for and obtain Guaranteed Student Loans; to make changes in accordance with Federal legislation, U.S. Dept. of Education regulatory and policy changes.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: January 2000; Public Hearing: February 2000; Adoption Date: March 2000.
AFFECTED PARTIES: Students who wish to participate in the Maine Guaranteed Student Loan programs; lenders participating in the Maine Guaranteed Student Loan programs.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

CHAPTER 603: Blaine House Scholars Program.
STATUTORY AUTHORITY: 10 MRSA Section 969-A(14).
PURPOSE: To provide consistency between the rule and Legislative changes to meet the needs of Program participants and to make such adjustments as may be necessary.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: May 2000; Public Hearing: June 2000; Adoption Date: July 2000.
AFFECTED PARTIES: Students eligible for loans under the Program.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

CHAPTER 604: Osteopathic Student Loan Program.
STATUTORY AUTHORITY: 10 MRSA Section 969-A(14); 20-A MRSA Section 12006.
PURPOSE: To provide for the criteria to be met by students who borrow from the Maine Osteopathic Loan Fund as administered by the Finance Authority of Maine and to make such adjustments as may be necessary for the functioning of the program.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: January 2000; Public Hearing: February 2000; Adoption Date: March 2000.
AFFECTED PARTIES: Maine residents who are attending or who will immediately attend an Osteopathic College or University.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

CHAPTER 605: Robert C. Byrd Honors Scholarship Program.
STATUTORY AUTHORITY: State Authority - 10 MRSA Section 969-A and 10 MRSA Section 1013; Federal Authority: 20 U.S.C. 1070d-31 et seq.; 34 CFR Part 654.
PURPOSE: To provide for the efficient administration of the Program to allow eligible students to apply for and obtain Robert C. Byrd Scholarships and to make changes as necessary to comply with federal legislation, regulation and policy directives.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: April 2000; No Public Hearing Proposed; Adoption Date: June 2000.
AFFECTED PARTIES: Students who wish to participate in the Robert C. Byrd Scholarship Program.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

CHAPTER 606: Paul Douglas Teacher Scholarship Program.
STATUTORY AUTHORITY: State Authority - 10 MRSA Section 969-A and 10 MRSA Section 1013; Federal Authority - 20 U.S.C. 1070d-31 et seq.; 34 CFR Part 653.
PURPOSE: To provide for the efficient administration of the Program to allow eligible students to apply for and obtain Paul Douglas Teacher Scholarships and to make changes as necessary to comply with federal legislation, regulation and policy directives.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: April 2000; No Public Hearing Proposed; Adoption Date: June 2000.
AFFECTED PARTIES: Students who wish to participate in the Paul Douglas Teacher Scholarship Program.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

CHAPTER 607: Access to Medical Education and Health Professions Loan Program.
STATUTORY AUTHORITY: 10 MRSA Section 969-A(14); 20-A MRSA Section 12103.
PURPOSE: To amend the procedures for eligibility for participants in the Access to Medical Education and Health Professions Loan Programs for the more efficient administration of the Programs.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: March 2000; Public Hearing: April 2000; Adoption Date: May 2000.
AFFECTED PARTIES: Maine residents entering post-graduate studies in medical professions.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

CHAPTER 608: Tuition Waiver at Post-Secondary Educational Institutions.
STATUTORY AUTHORITY: 10 MRSA Section 969-A(14); 20-A MRSA Section 12554.
PURPOSE: To provide guidelines for the administration and implementation of the program. To make amendments necessary to implement legislative changes.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: September 1999; Public Hearing: October 1999; Adoption Date: November 1999.
AFFECTED PARTIES: Children or spouses of firefighters, law enforcement officers, or emergency medical service providers who were killed or received an injury resulting in death in the line of duty or children in the custody of the State.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

CHAPTER 610: Teachers for Maine Program/Renamed țEducators for Maineț
STATUTORY AUTHORITY: 10 MRSA Section 969-A(14); 20-A MRSA Section 12501.
PURPOSE: To provide for the implementation and administration of the Teachers for Maine Program.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: October 1999; Public Hearing: November 1999; Adoption Date: December 1999.
AFFECTED PARTIES: Students evidencing an interest in becoming teachers, or speech pathologists and teachers pursuing continuing education.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

CHAPTER 611: Maine College Savings Program.
STATUTORY AUTHORITY: 10 MRSA Section 969-A(14); 20-A MRSA Section 11489.
PURPOSE: To provide for the amendment of current procedures to incorporate federal law changes and provide for the efficient administration of the Maine College Savings Program.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: March 2000; Public Hearing: April 2000; Adoption Date: May 2000.
AFFECTED PARTIES: All Maine residents interested in attending an institution of higher education or assisting someone else to attend an institution of higher education.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

[NEW RULE] CHAPTER 612: Maine Dental Education Loan Program.
STATUTORY AUTHORITY: 20-A MRSA Section 12301, P.L. 1999, Ch. 401.
PURPOSE: To provide funds for loans to Maine residents enrolled in a school of dental education or to repay loan agreements for practicing doctors of dental medicine who practice in underserved population areas.
ANTICIPATED SCHEDULE: Approved for Rulemaking by FAME Board: November 1999; Public Hearing: December 1999; Rulemaking Anticipated Adoption Date: January 2000.
AFFECTED PARTIES: All Maine residents interested in attending or who are currently enrolled in or recently graduated from an institution offering a doctorate of dental education.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

CHAPTER 613: Quality Child Care Education Scholarship Program
STATUTORY AUTHORITY: 10 MRSA Section 969-A(14), 20-A MRSA Section 11670; and P.L. 1999, Ch. 401
PURPOSE: This rule is necessary to notify potential Scholarship recipients of the requirements and standards for obtaining grants from the Quality Child Care Education Scholarship Fund.
ANTICIPATED SCHEDULE: Approval for Rulemaking: March 2000, Public Hearing: April 2000; Adoption Date: May 2000.
AFFECTED PARTIES: This rule implements the program to continue to make grants from the Quality Child Care Education Scholarship Fund for eligible applicants.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

CHAPTER 701: Small Enterprise Growth Board.
STATUTORY AUTHORITY: 10 MRSA Section 385.
PURPOSE: Establish the procedures and standards applicable to the Small Enterprise Growth Program, a statewide program which provides funding of up to $150,000 to eligible small businesses demonstrating potential for high growth and significant public benefit; and to implement the Small Enterprise Growth Program.
ANTICIPATED SCHEDULE: Approval for Rulemaking by Board: April 2000; Public Hearing: May 2000; Adoption Date: June 2000.
AFFECTED PARTIES: Small businesses demonstrating the potential for strong growth and public benefit will benefit from the Program.
CONSENSUS-BASED RULE DEVELOPMENT: The Board does not intend to employ consensus-based rule development.

NEW RULE: Lender of Last Resort Program.
STATUTORY AUTHORITY: State: 10 MRSA Section 969-A(14); 20-A MRSA Section 11041 et seq.; Federal: Public Law 103-66, Section 428(j).
PURPOSE: To implement a program whereby students who are unable to receive a guaranteed student loan from other sources can receive a guaranteed student loan in accordance with Federal law and regulation.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: February 2000; Public Hearing: March 2000; Adoption Date: April 2000.
AFFECTED PARTIES: Students who are unable to obtain guaranteed student loans from any other source and lenders who participate in the program.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

NEW RULE: Capital Access Program.
STATUTORY AUTHORITY: P.L. 1994, Ch. 722; 10 MRSA Section 1026-L; 10 MRSA Section 961-A(14).
PURPOSE: Establishes the procedures, standards and fees applicable to borrowers and lenders participating in the Capital Access Program.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: February 2000; Public Hearing: March 2000; Adoption Date: April 2000.
AFFECTED PARTIES: Start-up businesses with sales of less than $5,000,000.00 and participating banks.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

NEW RULE: Certificates of Approval for Loring Development Authority Bonds.
STATUTORY AUTHORITY: 10 MRSA Section 969-A(14); P.L. 1994, Ch. 729; 5 MRSA Section 13080-6(2)(1).
PURPOSE: Establishes the procedures, standards and fees applicable to borrowers applying for a Certificate of Approval from the Finance Authority of Maine for submission with a request to the Loring Development Authority to issue bonds.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: January 2000; Public Hearing: February 2000; Adoption Date: March 2000.
AFFECTED PARTIES: Businesses applying to have the Loring Development Authority issue bonds.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

NEW RULE: Student Financial Aid Supplemental Loan Program.
STATUTORY AUTHORITY: 10 MRSA Section 969-A(14); 20-A MRSA Section 11441.
PURPOSE: To provide guidelines for the administration and implementation of the program.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: April 2000; Public Hearing: May 2000; Adoption Date: June 2000.
AFFECTED PARTIES: Maine students attending institutions of higher education or their families who need additional financial assistance for the cost of postsecondary education.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

NEW RULE: Higher Education Loan Program.
STATUTORY AUTHORITY: 10 MRSA Section 969-A(14); 20-A MRSA Section 11441.
PURPOSE: To provide guidelines for the administration and implementation of the program.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: April 2000; Public Hearing: May 2000; Adoption Date: June 2000.
AFFECTED PARTIES: Maine students attending institutions of higher education who need additional loans to provide for postsecondary education.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

NEW RULE: Maine Economic Development Venture Capital Revolving Investment Program.
STATUTORY AUTHORITY: 10 MRSA Section 969-A(14); 10 MRSA Section 1026-N.
PURPOSE: Establishes the procedures and criteria for the administration of the Maine Economic Development Venture Capital Revolving Investment Program Fund.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: January 2000; Public Hearing: February 2000; Adoption Date: March 2000.
AFFECTED PARTIES: Private, professionally managed venture capital funds and eligible businesses that need assistance in order to create or retain jobs.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

NEW RULE: Northern Maine Transmission CorporationțBy-Laws and Operating Procedures
STATUTORY AUTHORITY: 10 MRSA Section 969-A(14).
PURPOSE: Establishes the By-laws and operating guidelines for the Northern Maine Transmission Corporation to operate as a subsidy of the Finance Authority of Maine.
ANTICIPATED SCHEDULE: Approval for Rulemaking: February 2000; Public Hearing: March 2000; Adopting Date: April 2000.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.


UMBRELLA/UNIT NUMBER: 94-591
AGENCY: Motor Carrier Review Board - see 29, Department of Secretary of State


UMBRELLA/UNIT NUMBER: 99-346
AGENCY: Maine State Housing Authority
CONTACT PERSON: Roberta J. Letourneau, Rules Contact Person, 343 Water Street, Augusta, Maine 04330-4633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

RULES MAY PROPOSE BEFORE JULY, 2000:

CHAPTER 1: Home Mortgage Program Rule
STATUTORY AUTHORITY: 30-A MRSA Section 4741(1)
PURPOSE: This rule sets forth the basic criteria for determining eligible borrowers and the terms governing the Maine State Housing Authorityțs purchase and servicing of loans to eligible borrowers generated by participating lenders.
ANTICIPATED SCHEDULE: Prior to July, 2000, as necessary.
AFFECTED PARTIES: Lenders and homebuyers.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 2: Cooperation with Local Governments
STATUTORY AUTHORITY: 30-A MRSA Section 4741(1)
PURPOSE: This rule sets forth the procedures for cooperation with local governments, and establishes the Maine State Housing Authority's preference for local consent resolutions following generally the statutory form.
ANTICIPATED SCHEDULE: Prior to July, 2000, as necessary.
AFFECTED PARTIES: Local governments and housing authorities
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 3: Home Improvement/Energy Conservation Loan Program Rule
STATUTORY AUTHORITY: 30-A MRSA Section 4741(1)
PURPOSE: This rule establishes the basic criteria for defining the pool of persons eligible to apply for funds from the Authority through participating financial institutions.
ANTICIPATED SCHEDULE: Prior to July, 2000, as necessary.
AFFECTED PARTIES: Homeowners and lenders.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 4: Eviction Procedures under the Section 8 Existing Housing Program and the Section 23/Section 8 Conversion Housing Program
STATUTORY AUTHORITY: 30-A MRSA Section 4741(1)
PURPOSE: This rule sets forth the procedures to be followed and the standards to be applied in connection with an Owner's representation to the Authority for termination of tenancy and with the Authority's issuance of an eviction notice to Tenants of 8 Existing and 23/8 Conversion Housing who occupy their units under leases entered into prior to October 1, 1981. ANTICIPATED SCHEDULE: Prior to July, 1998, as necessary.
AFFECTED PARTIES: Tenants and landlords.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 5: Energy Cost and Utility Allowance Determinations
STATUTORY AUTHORITY: 30-A MRSA Section 4741(1)
PURPOSE: This rule outlines the procedures which the Maine State Housing Authority will utilize to determine energy costs and utility allowances for tenants of multi-unit housing projects whose rents are subsidized under Section 8 of the U. S. Housing Act of 1937.
ANTICIPATED SCHEDULE: Prior to July, 2000, as necessary.
AFFECTED PARTIES: Tenants and landlords.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 6: Insurance Specifications and Administrative Procedures for Master Insurance Program for MSHA Financed Multi-family Developments
STATUTORY AUTHORITY: 30-A MRSA Section 4741(1)
PURPOSE: The rule sets forth the specific minimum insurance coverages to be provided by a licensed insurance agent or broker for all multi-family developments financed by the Maine State Housing Authority, and the administrative procedures to be employed by the Authority to monitor insurance policies for compliance with such specifications and to insure that the cost of such coverage to the development is reasonable.
ANTICIPATED SCHEDULE: Prior to July, 2000, as necessary.
AFFECTED PARTIES: Developers.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 7: Indian Housing Mortgage Insurance Program Rule
STATUTORY AUTHORITY: 30-A MRSA Sections 4741(1) and 4936
PURPOSE: The Rule sets forth eligibility standards and application, closing, default, and insurance claim procedures.
ANTICIPATED SCHEDULE: Prior to July, 2000, as necessary.
AFFECTED PARTIES: Indians residing on reservations and lenders.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 8: Rental Rehabilitation/Conversion Loan Program
STATUTORY AUTHORITY: 30-A MRSA Section 4741(1)
PURPOSE: This rule established the terms of MSHAțs Rental Rehabilitation/Conversion Loan Program, a three party plan involving MSHA rehabilitation grants or interest free loans, local community rehabilitation grants or low interest rate loans, and additional financing from private sources.
ANTICIPATED SCHEDULE: Prior to July, 1998, as necessary.
AFFECTED PARTIES: Tenants, landlords, local housing authorities and municipal community development offices.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 9: Rental Housing Loan Program Rule
STATUTORY AUTHORITY: 30-A MRSA Section 4741(1)
PURPOSE: This rule established the basic criteria including borrower and property eligibility, 20% rental to low-income requirement, and continuous rental holding period requirement and management requirements.
ANTICIPATED SCHEDULE: Prior to July, 2000, as necessary.
AFFECTED PARTIES: Developers, architects, contractors and lenders.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 10: Fuel Oil Conservation Loan Program Rule
STATUTORY AUTHORITY: 30-A MRSA Section 4741(1)
PURPOSE: This rule established the basic criteria for defining the pool of persons eligible to apply for such subsidized loans through participating financial institutions.
ANTICIPATED SCHEDULE: Prior to July, 1998, as necessary.
AFFECTED PARTIES: Homeowners and landlords
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 11: Direct Lending Rule
STATUTORY AUTHORITY: 30-A MRSA Sections 4741(1) and 4722(1)(L)
PURPOSE: This rule sets forth the criteria the Maine State Housing Authority may apply in order to exercise its statutory authority to make direct loans.
ANTICIPATED SCHEDULE: Prior to July, 2000, as necessary.
AFFECTED PARTIES: Lenders.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 12: Residential Property Municipal Securities Approval Rule
STATUTORY AUTHORITY: 30-A MRSA Sections 4741(1) and 4722(1)(T)
PURPOSE: This rule sets forth standards pursuant to which the Authority may issue certificates of approval under the Municipal Securities Approval Program for issuances of revenue obligation securities to provide financing for projects consisting of multi-family or single family residential property.
ANTICIPATED SCHEDULE: Prior to July, 2000, as necessary.
AFFECTED PARTIES: Developers and municipalities.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 13: Allocation of State Ceiling for Housing Related Bonds
STATUTORY AUTHORITY: 30-A MRSA Section 4741(1), (13)
PURPOSE: This rule revises the Federal formula for allocating that portion of the state ceiling allocated to the Authority pursuant to applicable law or Executive Order for housing-related bonds and establishes policies and procedures with respect to allocation and carry forward designations.
ANTICIPATED SCHEDULE: Prior to July, 2000, as necessary.
AFFECTED PARTIES: Developers, home buyers and other issuers.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 14: Single Family Housing Preservation Loan Program
STATUTORY AUTHORITY: 30-A MRSA Section 4741(1)
PURPOSE: This rule established criteria for the Maine State Housing Authority Single-Family Housing Preservation Loan Program is designed to provide grants and loans to very low-income homeowners to rehabilitate their homes.
ANTICIPATED SCHEDULE: Prior to July, 2000, as necessary.
AFFECTED PARTIES: Nonprofit housing corporations, Farmers Home District Office, Community Development Block Grant Office and community action program agencies.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 15: New Housing Initiatives Program
STATUTORY AUTHORITY: 30-A MRSA Section 4741(1)
PURPOSE: This rule sets forth the criteria the Authority will use in deciding whether or not to fund particular initiatives.
ANTICIPATED SCHEDULE: Prior to July, 2000, as necessary.
AFFECTED PARTIES: Tenants, landlords, local housing authorities and municipal community development offices.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 16: Allocation of State Ceiling for Low-income Housing Tax Credit
STATUTORY AUTHORITY: 30-A MRSA Section 4741(1), (14); Internal Revenue Code 42
PURPOSE: This rule establishes the policies and procedures for the allocation of low income housing tax credits.
ANTICIPATED SCHEDULE: Prior to July, 2000, as necessary.
AFFECTED PARTIES: Developers and accountants.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 17: Natural Disaster Home Assistance Program
STATUTORY AUTHORITY: 30-A MRSA Sections 4741(1), 4922(5)
PURPOSE: This rule established terms of the Natural Disaster Home Assistance Program for the provision of assistance to homeowners and landlords who are victims of natural disasters.
ANTICIPATED SCHEDULE: Prior to July, 2000, as necessary.
AFFECTED PARTIES: Homeowners and landlords.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 18: Underground Oil Storage Tank Removal Program
STATUTORY AUTHORITY: 30-A MRSA Section 4741(1)
PURPOSE: This rule established terms of the Underground Oil Storage Tank Removal Program for the provision of assistance for removal and disposal of underground oil storage tanks identified by DEP as leaking or posing an environmental threat or as having been abandoned.
ANTICIPATED SCHEDULE: Prior to July, 2000, as necessary.
AFFECTED PARTIES: Homeowners and landlords.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 19: Homeless Programs Rule
STATUTORY AUTHORITY: 30-A MRSA Section 4741(1)
PURPOSE: This rule sets forth the basic criteria for determining eligible recipients and the terms governing the grants.
ANTICIPATED SCHEDULE: Prior to July, 2000, as necessary.
AFFECTED PARTIES: Persons who are homeless and shelter operators.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 20: Home Equity Conversion Mortgage Program Rule
STATUTORY AUTHORITY: 30-A MRSA Sections 4741(1) and 4944
PURPOSE: This rule established the terms of United States Department of Housing and Urban Development Home Equity Conversion Mortgage Program.
ANTICIPATED SCHEDULE: Prior to July, 1998, as necessary.
AFFECTED PARTIES: Homeowners who are elderly.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 21: Land Acquisition/Improvement and Housing Opportunity Zones Program
STATUTORY AUTHORITY: 30-A MRSA Sections 4741(1), 5013, 5024 and 5052
PURPOSE: This rule establishes the procedures and selection criteria for the use of funds to finance the acquisition and improvement of land to be used in the development of affordable housing and the designation of housing opportunity zones.
ANTICIPATED SCHEDULE: Prior to July, 2000, as necessary.
AFFECTED PARTIES: Potential homeowners, municipalities and nonprofit housing corporations.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 22: Mental Health Consumer Residential Opportunities Program
STATUTORY AUTHORITY: 30-A MRSA Section 4741(1)
PURPOSE: The rule establishes the eligibility guidelines, procedures and selection criteria.
ANTICIPATED SCHEDULE: Prior to July, 2000, as necessary.
AFFECTED PARTIES: Persons with mental illness, developers, Department of Mental Health and Mental Retardation and mental health service providers.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 23: Preservation Financing Program
STATUTORY AUTHORITY: 30-A MRSA Section 4741(1) and 4977
PURPOSE: This rule establishes the eligibility guidelines and procedures for obtaining financing under the program.
ANTICIPATED SCHEDULE: Prior to July, 2000, as necessary.
AFFECTED PARTIES: Owners of federally-assisted rental housing projects, local housing authorities, low-income tenants and lenders.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 24: Home Energy Assistance Program Rule
STATUTORY AUTHORITY: 30-A MRSA Sections 4741(1) and (15), 4722(1)(W) and 4992
PURPOSE: The rule establishes the Home Energy Assistance Program (HEAP) for the State of Maine as administered by the Maine State Housing Authority. The rule also incorporates standards for the Weatherization component of HEAP and the Central Heating Improvement Program (CHIP).
ANTICIPATED SCHEDULE: Prior to July, 2000, as necessary.
AFFECTED PARTIES: Community action program agencies, tenants, home buyers, oil dealers and public utility companies.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 25: Weatherization Program Rule
STATUTORY AUTHORITY: 30-A MRSA Sections 4741(1) and (15), 4722(1)(W)
PURPOSE: The rule establishes the Weatherization Program for the State of Maine as administered by the Maine State Housing Authority. The Weatherization Program provides weatherization assistance to low-income households.
ANTICIPATED SCHEDULE: Prior to July, 2000, as necessary.
AFFECTED PARTIES: Community action program agencies, technical colleges, homeowners and tenants.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 26: Supportive Housing Initiatives Program Rule
STATUTORY AUTHORITY: 30-A MRSA Section 4741(1)
PURPOSE: The rule establishes the eligibility guidelines, procedures and selection criteria for participation in the program.
ANTICIPATED SCHEDULE: Prior to July, 2000, as necessary.
AFFECTED PARTIES: Developers, nonprofit housing corporations and supportive service providers, including state agencies.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 27: Ownership Transfers
STATUTORY AUTHORITY: 30-A MRSA Section 4741(1)
PURPOSE: This rule provides guidelines for the transfer of ownership of certain multi-family and supportive housing developments for which the Maine State Housing Authority is a mortgagee, and where the current owner and prospective new owner would like the Authorityțs financing to be retained after the ownership transfer.
ANTICIPATED SCHEDULE: Prior to July, 2000, as necessary.
AFFECTED PARTIES: Developers, nonprofit housing corporations and social service providers, including state agencies.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 28: Temporary Housing Assistance Program Rule
STATUTORY AUTHORITY: 30-A MRSA Section 4762
PURPOSE: This rule sets forth the basic criteria for determining eligible sub-grantees and the terms governing the provision of assistance under the Temporary Housing Assistance Program.
ANTICIPATED SCHEDULE: Prior to July, 2000.
AFFECTED PARTIES: Community action program agencies, homeless shelter operators, social service providers and advocates such as Maine Equal Justice and Pine Tree Legal Assistance.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.


UMBRELLA/UNIT NUMBER: 99-420
AGENCY: Maine Turnpike Authority
CONTACT PERSON: Margaret A. Trueworthy,Secretary-Treasurer, 430 Riverside Street, Portland, Maine 04103 Tel: (207) 871-7771, Ext. 123

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1999-2000 RULE-MAKING ACTIVITY:

CHAPTER 1: CMR 1.1: Rules Governing the Use of the Turnpike: Speed Limits
STATUTORY AUTHORITY: 23 MRSA Sections 1965(1)(C), 1973(2) and 1980
PURPOSE: Any speed limit changes that are required by Federal Laws or Regulatory agencies or by changes in State DOT designation of related demographic classifications, or other Maine Turnpike speed limit changes.
ANTICIPATED SCHEDULE: This rule may or may not be pursued in the coming twelve months.
AFFECTED PARTIES: The proposed rule change will improve the traffic flow along the Turnpike in certain urban sections which are used annually by millions of commuters, passenger vehicles, and commercialvehicles operated by Maine residents and residents of other states and provinces.

CHAPTER 1: CMR 1.1: Rules Governing the Use of the Turnpike: Speed Limits. (Amendment)
STATUTORY AUTHORITY: 23 MRSA Sections 1965(1)(C), 1973(2) and 1980
PURPOSE: Any speed limit changes that are required by Federal Laws or Regulatory agencies or by changes in State DOT designation of related demographic classifications, or other Maine Turnpike speed limit changes.
ANTICIPATED SCHEDULE: This rule may or may not be pursued in the coming twelve months.
AFFECTED PARTIES: The proposed rule change will improve the traffic flow along the Turnpike in certain urban sections which are used annually by millions of commuters, passenger vehicles, and commercialvehicles operated by Maine residents and residents of other states and provinces.

CHAPTER 1: CMR 1.3: Rules Governing the Use of the Turnpike: Keep right ț Pass on Left Only (Amendment)
STATUTORY AUTHORITY: 23 M.R..S.A. Sec. 1965(1) (C) and 1980.
PURPOSE: 1.To clarify the currently ambiguous wording of the passing regulations to allow for more effective enforcement.2.To insert language which instructs operators to travel within the lane boundaries except to pass in order to allow for prosecution of an operator who weaves in traffic in order to enhance OUI prosecutions and other enforcement efforts.3.To insert language which prohibits travel in the breakdown lane except in the case of emergencies.
ANTICIPATED SCHEDULE: This rule change may or may not be pursued in the next twelve months.
AFFECTED PARTIES: The proposed rule change would adjust enforcement mechanisms but would not significantly change the benefits or regulations applied to any party.

CHAPTER 1: CMR 1.3: Rules Governing the Use of the Turnpike: Keep Right ț Pass on the Left Only (Amendment)
STATUTORY AUTHORITY: 23 MRSA Section 1965(1) (C) and 1980
PURPOSE: To restrict commercial vehicles from using the passing lane during inclement winter weather conditions in an effort to improve safe travel in these extreme situations.
ANTICIPATED SCHEDULE: This rule may or may not be pursuedin the coming twelve months.
AFFECTED PARTIES: This regulation would benefit all travelers by improving the safety of the highway but would significantly restrict the free flow of commercial traffic during periods of snow and ice and would, as such, require careful investigation prior to proposal.

CHAPTER 1: CMR 1.4: Rules Governing the Use of the Turnpike: Parking (Amendment)
STATUTORY AUTHORITY: 23 MRSA Sections 1965(1)(C) and 1980
PURPOSE: 1.To prohibit truck parking in car lots in service areas.2.To prohibit non-handicap parking in spaces as posted.3.To prohibit parking on access ramps.
ANTICIPATED SCHEDULE: This rule change may or may not be pursued in the next twelve months.
AFFECTED PARTIES: The proposed rule change would improve enforcement mechanisms but would not significantly change the benefits or regulations applied to any party.

CHAPTER 1: CMR 1.5 and 1.6: Rules Governing the use of the Turnpike: Median Strip and No U-turn. (Amendment)
STATUTORY AUTHORITY: 23 MRSA Sections 1965(1)(C) and 1980
PURPOSE: To redraft and reconstruct these rules to more effectively allow restriction of travel through median openings and to more effectively discourage U-Turns at toll areas.
ANTICIPATED SCHEDULE: This rule may or may not be pursued in the coming twelve months.
AFFECTED PARTIES: The proposed rule change would improve existing enforcement mechanisms yet could also serve to limit median crossovers by contractors and other parties who are accustomed to such access.

CHAPTER 1: CMR 1: 11: Rules Governing the Use of the Turnpike: Overlimit Permits (Amendment)
STATUTORY AUTHORITY: 23 MRSA Sec. 1965 (1) (C), 1973(2) 1980
PURPOSE: To allow the MTA to require that (2) escort vehicles travel with certain overlimit vehicles, to restrict passing by certain overlimit vehicles, and to regulate the minimum and maximum speed of certain overlimit vehicles.
ANTICIPATED SCHEDULE: This rule may or may not be pursued in the coming twelve months.
AFFECTED PARTIES: This regulation would benefit all travelers by improving the safety of the highway.

CHAPTER 1: CMR 1: 11: Rules Governing the Use of the Turnpike: Overlimit Permits (Amendment)
STATUTORY AUTHORITY: 23 MRSA Sec. 1965 (1) (C), 1973(2) 1980
PURPOSE: To allow the Maine Turnpike Authority to issue permits for certain vehicles fourteen feet six inches (14ț 6ț) in overall width..
ANTICIPATED SCHEDULE: This rule may or may not be pursued in the coming twelve months.
AFFECTED PARTIES: This regulation may affect oversize vehicles traveling the Maine Turnpike.

CHAPTER 1: CMR Governing the Use of the Turnpike
STATUTORY AUTHORITY: 23 MRSA Sec. 1965 (1)(C), 1973, 1980
PURPOSE: To allow the Maine Turnpike Authority to clarify and institute regulations for tow operations, tow trucks, and others performing services on the Turnpike.
ANTICIPATED SCHEDULE: This rule may or may not be pursued in the coming twelve months.
AFFECTED PARTIES: This regulation would benefit travelers whose vehicles become disabled by improving services provided, and would affect tow operators.

CHAPTER 1: CMR Rules Governing the Use of the Turnpike: Information Signing
STATUTORY AUTHORITY: 23 MRSA Section 1965(1)(U)
PURPOSE: To allow the MTA to institute a program for informational signing with respect to service business in the immediate vicinity of the Turnpike for lodgings and attractions.The Authority would especially consider programs similar to that on the New York Thruway and other tollways.
ANTICIPATED SCHEDULE: This rule may or may not be pursued in the coming twelve months.
AFFECTED PARTIES: This regulation would benefit travelers by providing motorist services information.

OTHER PROPOSED RULE CHANGES: The Maine Turnpike Authority may propose other changes to its rules throughout the year as they become necessary for reasons of improved safety, enforcement, and administration, or as a result of the alternatives study and other studies of which the Maine Turnpike Authority is undertaking, recognizing the restrictions of 5 MRSA Section 8060.


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