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12
Department of Labor

2000-2001 Regulatory Agenda


150: Bureau of Rehabilitation Services, Division for the Blind and Visually Impaired
152: Bureau of Rehabilitation Services, Division of Vocational Rehabilitation
168: Bureau of Unemployment Compensation
170: Bureau of Labor Standards
170: Maine Unemployment Insurance Commission
179: Board of Occupational Safety and Health
180: Maine Labor Relations Board
181: Maine Apprenticeship Program


AGENCY UMBRELLA-UNIT NUMBER: 12-150
AGENCY NAME: Department of Labor, Bureau of Rehabilitation Services, Division for the Blind and Visually Impaired

CONTACT PERSON: John Shattuck, Director, 150 State House Station, Augusta, ME 04333-0150. Tel: (207) 624-5954

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2000-2001 RULE-MAKING ACTIVITY:

CHAPTER 15: Business Enterprise Program Policy Manual
STATUTORY AUTHORITY: Title 26 MRSA 1418
PURPOSE: The rules govern the operation of food services by persons who are blind and visually impaired as managers of Business Enterprise Program locations. Modifications would reflect recently enacted federal legislation and regulations.
ANTICIPATED SCHEDULE: By August 1, 2001.
AFFECTED PARTIES: Blind and visually impaired managers of Business Enterprise Program locations.

CHAPTER 101: Vocational Rehabilitation Services for Individuals who are Blind
STATUTORY AUTHORITY: Title 26 MRSA 1418
PURPOSE: The rules govern the delivery of vocational rehabilitation services for persons who are blind or visually impaired in achieving an employment outcome. Modifications would reflect recently enacted federal legislation and regulations.
ANTICIPATED SCHEDULE: By July 1, 2001.
AFFECTED PARTIES: Blind or visually impaired persons eligible for Vocational Rehabilitation services.

CHAPTER 105: Independent Living Services for Individuals who are Blind
STATUTORY AUTHORITY: Title 26 MRSA 1418
PURPOSE: The rules govern the delivery of vocational rehabilitation services for persons who are blind or visually impaired in preserving and enhancing independent living. Modifications would reflect recently enacted federal legislation and regulations.
ANTICIPATED SCHEDULE: By July 1, 2001
AFFECTED PARTIES: Blind or visually impaired persons eligible for Independent Living services.


AGENCY UMBRELLA-UNIT NUMBER: 12-152
AGENCY NAME: Department of Labor, Bureau of Rehabilitation Services, Division of Vocational Rehabilitation

CONTACT PERSON: John Shattuck, Director, 150 State House Station, Augusta, ME 04333-0150. Tel: (207) 624-5950

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2000-2001 RULE-MAKING ACTIVITY:

CHAPTER 1: Amendments to Vocational Rehabilitation Services Policy Manual
STATUTORY AUTHORITY: Chapter 560, P.L. 1996, Title 26 MRSA 1417
PURPOSE: The rules govern the delivery of vocational rehabilitation services for persons with disabilities to assist them in achieving an employment outcome. Modifications would reflect recently enacted federal legislation and regulations.
ANTICIPATED SCHEDULE: By January 1, 2001.
AFFECTED PARTIES: Persons with disabilities eligible for Vocational Rehabilitation services.

CHAPTER 7: Independent Living Services Policy Manual
STATUTORY AUTHORITY: Chapter 560, P.L. 1996, Title 26 MRSA 1417
PURPOSE: The rules govern the delivery of independent living services to persons with disabilities. Modifications would reflect recently enacted federal legislation and regulations.
ANTICIPATED SCHEDULE: By April 1, 2001
AFFECTED PARTIES: Persons with disabilities eligible for Independent Living services.

CHAPTER 10: Hearing Impaired Children's Program
STATUTORY AUTHORITY: P.L. 501-1985
PURPOSE: The Hearing Impaired Children's Program will serve children age 0 - 20 years with a diagnosis of sensorineural hearing impairment and other non-correctable, permanent hearing loss. The intent of the Program is to ensure that no hearing-impaired child be denied access to services or equipment needed to eliminate or reduce, to the extent possible, the impairment to their development of speech and language competencies caused by a hearing loss when their family lacks adequate financial resources with which to purchase needed services or equipment.
ANTICIPATED SCHEDULE: To be repealed July 1, 2001.
AFFECTED PARTIES: These children now receive the same services under the Department of Education.

CHAPTER 11: Hearing Aid Lender Program for the Elderly
STATUTORY AUTHORITY: None
PURPOSE: The Hearing Aid Lender Program for the Elderly, hereinafter referred to as the Program, will serve adults who are over 65 years old with a bilateral hearing loss of at least 55 decibels (dB) in the better ear. The Program is considered a pilot program with limited funding to serve the elderly hearing impaired individual in purchasing hearing amplification on a loaner basis. There are a limited number of hearing aids available for the Program. The hearing aids will be dispensed on a first come, first served basis for eligible applicants.
ANTICIPATED SCHEDULE: To be repealed July 1, 2001.
AFFECTED PARTIES: None.

CHAPTER 12: Telecommunication Devices for People with Disabilities Program Rules
STATUTORY AUTHORITY: Title 35, MRSA 2361
PURPOSE: The Division of Deafness, under the Bureau of Rehabilitation Services, Department of Labor, through the Telecommunication Devices for People with Disabilities Program (hereinafter called "The Program"), will provide funds for purchase, lease, upgrading, installation, maintenance and repair of special telecommunication equipment for persons who are disabled.
ANTICIPATED SCHEDULE: To be repealed July 1, 2001.
AFFECTED PARTIES: New rules will provide specialized customer telecommunication equipment for persons with disabilities.

CHAPTER 20: Standards for Facilities Providing Adult Day Programs
STATUTORY AUTHORITY: Title 26 MRSA 1418
PURPOSE: A joint rule also filed under the Department of Mental Health, Mental Retardation, and Substance Abuse Services, Bureau of Mental Health, as 14-191, Chapter 8 that establishes standards for community based agencies providing rehabilitation and/or habilitation day services for adults in order to receive funding from the Bureau of Mental Retardation, Bureau of Mental Health and Bureau of Rehabilitation Services.
ANTICIPATED SCHEDULE: August 1, 2001
AFFECTED PARTIES: None


AGENCY UMBRELLA-UNIT NUMBER: 12-168
AGENCY NAME: Department of Labor, Bureau of Unemployment Compensation

CONTACT PERSON: Peter L. McMann, Team Leader, P. O. Box 560, Lewiston, ME 04243-0560. Tel: (207) 753-2859

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2000-2001 RULEMAKING ACTIVITY:

CHAPTER 11: Maine Enterprise Option Program
STATUTORY AUTHORITY: Title 26 MRSA 1197
PURPOSE: These rules govern the operation of the Maine Enterprise Option (MEO) Program. The proposed amendments would clarify the definition of "qualified business counselor," modify the conditions under which a participant could be terminated from the program by the Review Board, and clarify the maximum number of weeks of self-employment assistance allowance to which a MEO participant would be entitled.
ANTICIPATED SCHEDULE: By February, 2001.
AFFECTED PARTIES: Any person who is participating in the MEO Program.


AGENCY UMBRELLA-UNIT NUMBER: 12-170
AGENCY NAME: Department of Labor, Bureau of Labor Standards

CONTACT PERSON: William Peabody, Acting Director, 45 State House Station, Augusta, ME 04333-0045. Tel: (207) 624-6400

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2000-2001 RULE-MAKING ACTIVITY:

CHAPTER 1: Procedures and Standards for Testing Stuffing Materials in Stuffed Toys (Repeal)
STATUTORY AUTHORITY: Title 26 MRSA 123
PURPOSE: Establish testing procedures and standards.
ANTICIPATED SCHEDULE: By August, 2001.
AFFECTED PARTIES: Manufacturers and consumers of stuffed toys.

CHAPTER 3: Rules Governing the Administration of the Wage Assurance Fund
STATUTORY AUTHORITY: Title 26 MRSA 632
PURPOSE: Establishes procedures to process worker claims under the Fund.
ANTICIPATED SCHEDULE: By June, 2001.
AFFECTED PARTIES: Covered unpaid employees.

CHAPTER 4: Rules Governing Occupational Safety and Health Grants and Loans
STATUTORY AUTHORITY: Title 26 MRSA 42-A, 61 and 63
PURPOSE: Establishes procedures for grants and loans for occupational safety and health purposes.
ANTICIPATED SCHEDULE: By June, 2001.
AFFECTED PARTIES: Employers eligible for loans and training agencies eligible for grants.

CHAPTER 7: Rules Relating to Substance Abuse Testing
STATUTORY AUTHORITY: Title 26 MRSA 687
PURPOSE: The rules outline certain responsibilities for employers who choose to implement a workplace substance abuse testing program.
ANTICIPATED SCHEDULE: By June, 2001.
AFFECTED PARTIES: Employers with testing programs, or who have an interest in implementing one, and their employees.

CHAPTER 8: Rules Regarding Workplace Health and Safety Programs for Employers with Workers' Compensation Modification Rates of Two or More
STATUTORY AUTHORITY: Title 39-A MRSA 401
PURPOSE: Establishes procedures and standards for occupational safety and health plans of certain Maine employers.
ANTICIPATED SCHEDULE: By June, 2001.
AFFECTED PARTIES: Employers with a workers' compensation modification rate greater than 2.0 and their employees.

NEW RULE: Rules Relating to Assessment of Interest and Penalties for Non-payment under the Safety Education and Training Fund (SETF) (Proposed)
STATUTORY AUTHORITY: Title 26 MRSA 61
PURPOSE: To establish procedures to determine when, how and against whom penalties and interest will be assessed for non-payment of bills under the SETF.
ANTICIPATED SCHEDULE: By March, 2001.
AFFECTED PARTIES: The Workers' Compensation insurance carriers and self-insureds and any employer who receives services from the SETF.

NEW RULE: Rules Relating to Severance Pay (26 MRSA 625-B) (Proposed)
STATUTORY AUTHORITY: Title 26 MRSA 42
PURPOSE: Establishes procedures and standards for the application of the severance pay statute.
ANTICIPATED SCHEDULE: By June, 2001.
AFFECTED PARTIES: Employers and employees affected by the severance law.

NEW RULE: Rules Relating to Equal Pay (26 MRSA 628) (Proposed)
STATUTORY AUTHORITY: Title 26 MRSA 42
PURPOSE: Establishes procedures and standards for the application of the equal pay law.
ANTICIPATED SCHEDULE: By December, 2000.
AFFECTED PARTIES: Employers and employees.
OTHER: Anticipate use of consensus-based rule development.

NEW RULE: Rules Relating to the Minimum Wage (Proposed)
STATUTORY AUTHORITY: Title 26 MRSA 665
PURPOSE: Establishes procedures and standards for the application of the minimum wage.
ANTICIPATED SCHEDULE: By June, 2001.
AFFECTED PARTIES: Employers and employees.

NEW RULE: Rules Relating to the Employment of Minors (Proposed)
STATUTORY AUTHORITY: Title 26 MRSA 785
PURPOSE: Establishes procedures and standards for application of the child labor laws.
ANTICIPATED SCHEDULE: By June, 2001.
AFFECTED PARTIES: Working minors and their employers.

NEW RULE: Rules Regarding Employment of Minors in Hazardous Occupations (Proposed)
STATUTORY AUTHORITY: Title 26 MRSA 772
PURPOSE: To establish a comprehensive list of occupations found to be hazardous and, therefore, unsuitable for the employment of minors.
ANTICIPATED SCHEDULE: By December, 2000.
AFFECTED PARTIES: Working minors and their potential employers.

NEW RULE: Rules Relating to Agricultural Labor Housing Standards (Proposed)
STATUTORY AUTHORITY: Title 26 MRSA 586
PURPOSE: To establish housing standards for agricultural laborers.
ANTICIPATED SCHEDULE: By June, 2001.
AFFECTED PARTIES: Agricultural workers not covered by Federal regulations and their employers.

NEW RULE: Rules Regarding Employment Leave for Victims of Violence (Proposed)
STATUTORY AUTHORITY: Title 26 MRSA 850 (1999 PLc 452)
PURPOSE: To define terms in the law and to clarify the applicable work and legal situations.
ANTICIPATED SCHEDULE: By December, 2000.
AFFECTED PARTIES: Workers affected by domestic violence and their employers.
OTHER: Anticipate use of consensus-based rule development.

NEW RULE: Rules Relating to the Application of Administrative Civil Money Penalties (Proposed)
STATUTORY AUTHORITY: Title 26 MRSA 53 (1999 PLc 181)
PURPOSE: To establish procedures to govern the Bureau's application of administrative civil money penalties.
ANTICIPATED SCHEDULE: By June, 2001.
AFFECTED PARTIES: Employers in violation of chapter 7, subchapters I through IV of Title 26.

NEW RULE: Rules Relating to the Establishment of Prevailing Wage Rates on State Construction Projects (Proposed)
STATUTORY AUTHORITY: Title 26 MRSA 53 (1999 PLc 181)
PURPOSE: To establish procedures to govern the Bureau's application of the prevailing wage rate process.
ANTICIPATED SCHEDULE: By April, 2001.
AFFECTED PARTIES: State agencies that let construction to contract and those contractors who bid on such projects.
OTHER: Considering consensus rule making.


AGENCY UMBRELLA-UNIT NUMBER: 12-172
AGENCY NAME: Department of Labor, Unemployment Insurance Commission

CONTACT PERSON: John B. Wlodkowski, Chairman, 40 Forest Falls Drive, Yarmouth, ME 04096. Tel: (207) 846-2000

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2000-2001 RULE-MAKING ACTIVITY:

CHAPTER 1: Definitions
STATUTORY AUTHORITY: Title 26 MRSA 1082(2)
PURPOSE: To revise or adopt definitions including, but not limited to, the meaning of "personal time," "earned time," and "register for work."
ANTICIPATED SCHEDULE: By July, 2001.
AFFECTED PARTIES: Maine employers and employees.

CHAPTER 2: Employer Notices, Records, Contributions and Reimbursement Payments and Reports
STATUTORY AUTHORITY: Title 26 MRSA 1082(2)
PURPOSE: To revise the rule regarding the cash value of meals and lodging.
ANTICIPATED SCHEDULE: By July, 2001.
AFFECTED PARTIES: Maine employers and employees.

CHAPTER 3: Unemployment Benefits, Intrastate
STATUTORY AUTHORITY: Title 26 MRSA 1082(2)
PURPOSE: To adopt guidelines regarding time limits and other matters relating to the filing of initial and weekly unemployment claims by telephone.
ANTICIPATED SCHEDULE: By July, 2001.
AFFECTED PARTIES: Maine employers and employees.

CHAPTER 5: Rule of Practice Governing Adjudicatory Proceedings
STATUTORY AUTHORITY: Title 26 MRSA 1082(2)
PURPOSE: To revise guidelines for the Commission's treatment of adjudication issues, including, but not limited to attorney fees.
ANTICIPATED SCHEDULE: By July, 2001.
AFFECTED PARTIES: Maine employers and employees.

CHAPTER 6: Seasonal Industry Program
STATUTORY AUTHORITY: Title 26 MRSA 1082(2)
PURPOSE: To revise the rules regarding the procedures for the determination of seasonal industries.
ANTICIPATED SCHEDULE: By July, 2001.
AFFECTED PARTIES: Maine employers and employees.

CHAPTER 8: Payments for Dependents
STATUTORY AUTHORITY: Title 26 MRSA 1082(2)
PURPOSE: To make minor name changes regarding the governing law.
ANTICIPATED SCHEDULE: By July, 2001.
AFFECTED PARTIES: Maine employers and employees.

CHAPTER 14: Education Institution Employees
STATUTORY AUTHORITY: Title 26 MRSA 1082(2)
PURPOSE: To clarify definitions related to educational institutions and vacations.
ANTICIPATED SCHEDULE: By July, 2001.
AFFECTED PARTIES: Maine employers and employees.

CHAPTER 17: Voluntary Leaving
STATUTORY AUTHORITY: Title 26 MRSA 1082(2)
PURPOSE: To clarify rules with respect to claimants leaving work to follow their spouse and while on leave.
ANTICIPATED SCHEDULE: By Jul, 2001.
AFFECTED PARTIES: Maine employers and employees.

CHAPTER 18: Discharge
STATUTORY AUTHORITY: Title 26 MRSA 1082(2)
PURPOSE: To define misconduct in accordance with statutory changes.
ANTICIPATED SCHEDULE: By July, 2001.
AFFECTED PARTIES: Maine employers and employees.

CHAPTER 19: Other Remuneration
STATUTORY AUTHORITY: Title 26 MRSA 1082(2)
PURPOSE: To provide and/or revise definitions for other remuneration and to clarify the procedure for allocating other remuneration to particular periods.
ANTICIPATED SCHEDULE: By July, 2001.
AFFECTED PARTIES: Maine employers and employees.

CHAPTER 22: Extended Benefits
STATUTORY AUTHORITY: Title 26 MRSA 1082(2)
PURPOSE: To make minor organizational name changes.
ANTICIPATED SCHEDULE: By July, 2001.
AFFECTED PARTIES: Maine employers and employees.

CHAPTER 24: Approved Training
STATUTORY AUTHORITY: Title 26 MRSA 1082(2)
PURPOSE: To revise procedures and standards for the prior approval of training programs, individual requests for approved training, and participation requirements.
ANTICIPATED SCHEDULE: By July, 2001.
AFFECTED PARTIES: Maine employers and employees.


AGENCY UMBRELLA-UNIT NUMBER: 12-179
AGENCY NAME: Department of Labor, Bureau of Labor Standards, Board of Occupational Safety and Health

CONTACT PERSON: William Peabody, Acting Director, 45 State House Station, Augusta, ME 04333-0045. Tel: (207) 624-6400

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2000-2001 RULE-MAKING ACTIVITY:

CHAPTER 1: Procedural Rules Governing the Board of Occupational Safety and Health
STATUTORY AUTHORITY: Title 26 MRSA 565
PURPOSE: Establishes procedures to guide the Board and affected parties through meetings and hearings.
ANTICIPATED SCHEDULE: By June, 2001.
AFFECTED PARTIES: Board members and parties with business before the Board.

CHAPTER 2: Occupational Safety and Health Standards for General Employment in the Public Sector
STATUTORY AUTHORITY: Title 26 MRSA 565
PURPOSE: Establishes procedures and standards to ensure safe and healthful working conditions for public employees.
ANTICIPATED SCHEDULE: By December, 2000.
AFFECTED PARTIES: Non-federal public employers and their employees.

CHAPTER 3: Occupational Safety and Health Standards for Construction Employment in the Public Sector
STATUTORY AUTHORITY: Title 26 MRSA 565
PURPOSE: Establishes procedures and standards to ensure safe and healthful working conditions for public employees.
ANTICIPATED SCHEDULE: By December, 2000.
AFFECTED PARTIES: Non-federal public employers and their employees.

CHAPTER 4: Minimum Standard for Firefighters
STATUTORY AUTHORITY: Title 26 MRSA 2107
PURPOSE: Establishes minimum occupational safety and health standards for firefighters.
ANTICIPATED SCHEDULE: By June, 2001.
AFFECTED PARTIES: Firefighting community.
OTHER: Anticipate the use of collaborative rule development.

CHAPTER 6: Recording Occupational Injuries and Illnesses in the Public Sector
STATUTORY AUTHORITY: Title 26 MRSA 565
PURPOSE: Establishes standards for the recording of occupational injuries and illnesses in the non-federal public sector.
ANTICIPATED SCHEDULE: By June, 2001.
AFFECTED PARTIES: Public sector employers covered by the state Occupational Safety and Health Act.


AGENCY UMBRELLA-UNIT NUMBER: 12-180
AGENCY NAME: Maine Labor Relations Board

CONTACT PERSON: Lisa Copenhaver, Counsel, 90 State House Station, Augusta, ME 04333-0090. Tel: (207) 287-2015

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2000-01 RULE-MAKING ACTIVITY:

The Maine Labor Relations Board does not intend to propose any new rules during the coming year as the Board has recently proposed a new set of rules to replace the current rules. The substance of the proposed rules is essentially the same as the current rules, but the format has changed to make the rules easier to understand. The new chapters that have been proposed are Chapter 10, General Rules (currently in chapter 7); Chapter 11, Bargaining Unit Composition and Representation Matters (currently in chapters 1, 2 and 3); Chapter 12, Prohibited Practice Complaints and Intrepretive Rulings (currently in chapter 4); and Chapter 13, Resolution of Contract Negotiations Disputes (currently in chapters 5 and 6). The agency does not anticipate engaging in a consensus-based rule development process.

CHAPTER 10: General Rules
STATUTORY AUTHORITY: 26 MRSA 968 (3)
PURPOSE: Includes general rules such as computation of time periods, definition of work days, and fees and expenses.
ANTICIPATED SCHEDULE: Already proposed; adoption expected by the end of 2000.
AFFECTED PARTIES: The potentially benefited or regulated parties are public sector and large industrial agricultural employers and employees within the Board's jurisdiction.

CHAPTER 11: Bargaining Unit Composition and Representation Matters
STATUTORY AUTHORITY: 26 MRSA 968 (3)
PURPOSE: Covers procedures to create or modify bargaining units by agreement, or petitions that a Board agent create or modify a bargaining unit following an evidentiary hearing. Specifies rules for conducting elections to certify or decertify bargaining agents.
ANTICIPATED SCHEDULE: Already proposed; adoption expected by the end of 2000.
AFFECTED PARTIES: The potentially benefited or regulated parties are public sector and large industrial agricultural employers and employees within the Board's jurisdiction.

CHAPTER 12: Prohibited Practice Complaints and Interpretive Rulings
STATUTORY AUTHORITY: 26 MRSA 968 (3)
PURPOSE: Establishes procedures for filing a complaint alleging a violation of the collective bargaining statute and adjudication of that complaint.
ANTICIPATED SCHEDULE: Already proposed; adoption expected by the end of 2000.
AFFECTED PARTIES: The potentially benefited or regulated parties are public sector and large industrial agricultural employers and employees within the Board's jurisdiction.

CHAPTER 13: Resolutions of Contract Negotiations Disputes
STATUTORY AUTHORITY: 26 MRSA 968 (3)
PURPOSE: Covers procedures for requesting Board assistance in the resolution of contract negotiations disputes through assignment of mediation, fact-finding or arbitration services.
ANTICIPATED SCHEDULE: Already proposed; adoption expected by the end of 2000.
AFFECTED PARTIES: The potentially benefited or regulated parties are public sector and large industrial agricultural employers and employees within the Board's jurisdiction.


AGENCY UMBRELLA-UNIT NUMBER: 12-181
AGENCY NAME: Department of Labor (State Apprenticeship and Training Council)

CONTACT PERSON: Skip Hardt, Director of Apprenticeship, Bureau of Employment Services, 55 State House Station, Augusta, ME 04330

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2000-2001 RULE-MAKING ACTIVITY:

CHAPTER 1: Rules Relating to Labor Standards for Registration of Apprenticeship Programs
STATUTORY AUTHORITY: Title 26 MRSA Chapter 11
PURPOSE: To amend these standards to reflect policy and bureau changes.
ANTICIPATED SCHEDULE: Late Fall 2000/ Early Spring 2001
AFFECTED PARTIES: None

CHAPTER 2: Rules relating to Labor Standards for Equal Opportunity for Employment of Women and Minorities in Registered Apprenticeship Programs in the State of Maine
STATUTORY AUTHORITY: Title 26 MRSA Chapter 11
PURPOSE: To amend these standards to reflect policy and bureau changes.
ANTICIPATED SCHEDULE: Late Fall 2000/ Early Spring 2001
AFFECTED PARTIES: None

CHAPTER 3: Rules Relating to Labor Standards for Registration of Pre-Apprenticeship Programs
STATUTORY AUTHORITY: 26 MRSA Section 1005A
PURPOSE: To amend these standards to reflect policy and bureau changes.
ANTICIPATED SCHEDULE: Late Fall 2000/ Early Spring 2001
AFFECTED PARTIES: None


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