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State of Maine

16
Department of Public Safety

2000-2001 Regulatory Agenda


16-163: Bureau of Emergency Medical Services
16-219: State Fire Marshal
16-222: Bureau of State Police
16-226: Bureau of Liquor Enforcement
16-574: Emergency Services Communication Bureau


AGENCY UMBRELLA UNIT: 16-163
AGENCY NAME: Department of Public Safety, Bureau of Emergency Medical Services (EMS)

CONTACT PERSON: Jay Bradshaw, Director, 152 State House Station, Augusta, Maine 04333-0152, Tel: (207) 287-3953

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2000-2001 RULE-MAKING ACTIVITY

CHAPTER 451: Maine Emergency Medical Services Rules
STATUTORY AUTHORITY: 32 MRSA Chapter 2-B 84.1
PURPOSE: Chapter 451 will be amended to:
1. change requirements for obtaining and maintaining an individual EMS license.
2. change and simplify the approval process for EMS service licenses.
3. change scope of practice definitions.
4. change section regarding licensing for individuals with previous criminal records.
5. change requirements regarding medical control of EMS licensees.
6. change rules regarding storage of medications used by EMS providers.
7. change and clarify rules and lists pertaining to minimum equipment and approved drugs/medications for EMS services.
8. adopt/change rules regarding EMS education, training and training entities.
9. adopt/change rules regarding EMS instructor certifications.
10. change and clarify rules regarding the standards and procedures for refusing to issue, or renew, a license, and for modifying, suspending, or revoking a license.
11. change and clarify rules regarding EMS license examinations.
12. change rules pertaining to air ambulance services, flight medical licensees, and flight nurses.
13. adopt and/or amend requirements pertaining to Quality Assurance/Quality Improvement for EMS licensees and EMS licensed services.
14. change and clarify rules regarding the process and fees associated with the issuance of new and renewal EMS service and individual licenses.
15. adopt/change rules regarding the practice of EMS patient care in non traditional settings.
ANTICIPATED SCHEDULE: Prior to October 1, 2001
AFFECTED PARTIES: All current EMS services (n=275) and EMS personnel (n=4410)


AGENCY UMBRELLA-UNIT NUMBER: 16-219
AGENCY NAME: Department of Public Safety, Office Of State Fire Marshal

CONTACT PERSON: John C. Dean, State Fire Marshal, 52 State House Station, Augusta, ME 04333-0052, Tel: (207) 624-8963

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

RULES THE AGENCY EXPECTS TO DEVELOP BY THE CONSENSUS-BASED RULE DEVELOPMENT PROCESS:

CHAPTER 3: Rule adoption of a National Fire Prevention Code for Municipal Enforcement

RULES THE AGENCY EXPECTS TO PROPOSE:

(Note: the Office of State Fire Marshal is consolidating some numbered rules in an effort to better group them together for subject matter and application; and the national fire protection association has also consolidated some of the standards that we use as references.)

CHAPTER 1: Fee Schedule for Plans Examination
STATUTORY AUTHORITY: 25 MRSA, Sec. 2448; 2452; 32 MRSA, 1372; 1373; 1374
PURPOSE: This rule establishes fees to support Construction Plan reviews for permits of building construction and licensing in the following areas:
* Fee Schedule for Plans Examination
* Plans Review and Permit of Fire Sprinkler Systems
* Sprinkler Procedures and Fees for Certification, Licensing and Registration
* Schedule of Fees for Plans Review and Permit of Barrier Free Construction
ANTICIPATED SCHEDULE: Prior to July 2001
AFFECTED PARTIES: All customers who are required to submit building construction plans to the State Fire Marshal's Office for plans review.

CHAPTER 2: Rules Establishing Criteria for Approval of Smoke Detectors
STATUTORY AUTHORITY: 25 MRSA, Sec. 2464
PURPOSE: Establishes rules for approving smoke detectors to meet statutory requirements in residential occupancies. The approval process will recognize smoke detectors approved by a nationally recognized testing agency for the purpose of this rule.
ANTICIPATED SCHEDULE: Prior to July 2001
AFFECTED PARTIES: All customers who are required to meet the installation of smoke detectors for occupancy type and classification.

CHAPTER 3 (NEW ADDITION): National Fire Prevention Code
STATUTORY AUTHORITY: 25 MRSA, Sec. 2452
PURPOSE: This National Fire Prevention Code will provide a nationally recognized fire prevention code for municipal enforcement.
ANTICIPATED SCHEDULE: Prior to July 2001
AFFECTED PARTIES: All Fire Service Agencies, within the State of Maine, that have enforcement requirements for life safety in structures from fire.

CHAPTER 4: Sprinkler Systems
STATUTORY AUTHORITY: 25 MRSA, Sec. 2396; 2452; 32 MRSA, Sec. 1377; 1382
PURPOSE: Establishes the design, installation, operation, maintenance and all other aspects of sprinkler protection for occupancies with sprinkler system fire protection measures and references the following NFPA Standards:
NFPA #13 Standard for the Installation of Sprinkler Systems (1999 Edition)
NFPA #13D Standard for the Installation of Sprinkler Systems in One and Two Family Dwellings and Manufactured Housing (1999 Edition)
NFPA #13R Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories. (1999 Edition)
NFPA #20 Standard for the Installation of Stationary Pumps for Fire Protection (1999 Edition)
NFPA #22 Standard for Water Tanks for Private Fire Protection (1998 Edition)
NFPA #25 Standard for the Inspection, Testing and Maintenance of Water-based Fire Protection Systems (1998 Edition)
NFPA #33 Standard for Spray Applications Using Flammable and Combustible Materials (1995 Edition)
NFPA #318 Standard for Protection of Clean rooms (1998 Edition)
NFPA #409 Standard on Aircraft Hangers (1995 Edition)
NFPA #418 Standard for Heliports (1995 Edition)
NFPA #750 Standard on Water Mist Fire Protection Systems
ANTICIPATED SCHEDULE: Prior to July 2001
AFFECTED PARTIES: All occupancies requiring the protection measures of water based sprinkler system fire protection measures.

CHAPTER 5: Portable Fire Extinguishers
STATUTORY AUTHORITY: 25 MRSA, Sec. 2452
PURPOSE: Establishes the rules for the installation and maintenance of portable fire extinguishers. (NFPA Manual #10 - 1998 Edition)
ANTICIPATED SCHEDULE: Prior to July 2001
AFFECTED PARTIES: All occupancies requiring protective measures utilizing portable fire extinguishers.

CHAPTER 6: Fire Extinguishing Systems
STATUTORY AUTHORITY: 25 MRSA, Sec. 2452; 32 MRSA, Sec. 1377; 1382
PURPOSE: Establishes rules and regulations for the installation, operation, maintenance and all other aspects of fire protection systems for occupancies that require such fire protection measures and references the following NFPA Standards:
NFPA # 11 Standard for Foam Extinguishing Systems (1998 Edition)
NFPA # 11A Standard for Medium and High Expansion Foam Systems (1999 Edition)
NFPA #12 Standard for Carbon Dioxide Extinguishing Systems (1998 Edition)
NFPA #15 Standard for Water Spray Fixed Systems for Fire Protection(1996 Edition)
NFPA #16 Standard for the Installation of Foam-Water Sprinklers and Foam-Water Spray Systems (1999 Edition)
NFPA #17 Standard for Dry Chemical Extinguishing Systems (1998 Edition)
ANTICIPATED SCHEDULE: Prior to July 2001
AFFECTED PARTIES: Any and all occupancies that require or utilize fire extinguishing systems for fire protection measures.

CHAPTER 7: Installation of Standpipe and Hose Systems
STATUTORY AUTHORITY: 25 MRSA, Sec. 2396; 32 MRSA, Sec. 1377; 1382
PURPOSE: Establishes rules and regulations for the installation and maintenance of these fire protection systems. (NFPA Manual #14 - 1996 Edition)
ANTICIPATED SCHEDULE: Prior to July 2001
AFFECTED PARTIES: Any and all occupancies that utilize these systems for fire protection measures.

CHAPTER 8: Installation of Private Fire Mains and Their Appurtenances
STATUTORY AUTHORITY: 25 MRSA, Sec. 2396; 32 MRSA, Sec. 1377; 1382
PURPOSE: Establishes rules and regulations for the installation and maintenance of these fire protection measures. (NFPA #24 - 1995 Edition)
ANTICIPATED SCHEDULE: Prior to July 2001
AFFECTED PARTIES: Any and all occupancies that require or utilize these measures for fire protection capabilities.

CHAPTER 9: Dry Cleaning Plants
STATUTORY AUTHORITY: 25 MRSA, Sec. 2441
PURPOSE: Establishes rules and regulations for the design, construction, operation, maintenance and fire protection for these occupancies. (NFPA Manual # 32 - 2000 Edition)
ANTICIPATED SCHEDULE: Prior to July 2001
AFFECTED PARTIES: Any and all facilities of this occupancy classification

CHAPTER 10: Spray Application
STATUTORY AUTHORITY: 25 MRSA, Sec. 2441
PURPOSE: Establishes rules and regulations for the design, construction, operation, maintenance and fire protection of these occupancies. (NFPA Manual #33 - 2000 Edition)
ANTICIPATED SCHEDULE: Prior to July 2001
AFFECTED PARTIES: Any and all occupancies requiring or utilizing this type of activity and fire protection measures.

CHAPTER 11: Dip Tanks
STATUTORY AUTHORITY: 25 MRSA, Sec. 2441
PURPOSE: Establishes rules and regulations for the design, construction, maintenance and fire protection of these occupancies. (NFPA Manual #34 - 2000 Edition)
ANTICIPATED SCHEDULE: Prior to July 2001
AFFECTED PARTIES: Any and all occupancies requiring or utilizing this type of activity and fire protection measures.

CHAPTER 12: Stationary Combustion Engines, Gas Turbines and Generators
STATUTORY AUTHORITY: 25 MRSA, Sec. 2441
PURPOSE: Establishes rules and regulations for the design, construction, operation, maintenance and fire protection of these types of engines and generators; and references the following NFPA Standards:
NFPA #37 Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines (1998 Edition)
NFPA #110 Standard for Emergency and Standby Power Systems
ANTICIPATED SCHEDULE: Prior to July 2001
AFFECTED PARTIES: Any and all occupancies that utilize or require the use of this type of equipment and subsequent fire protection measures.

CHAPTER 13: Bulk Oxygen Systems
STATUTORY AUTHORITY: 25 MRSA, Sec. 2452
PURPOSE: Establishes rules and regulations for the design, construction, operation and maintenance of these systems. (NFPA Manual #50 - 2000 Edition)
ANTICIPATED SCHEDULE: Prior to July 2001
AFFECTED PARTIES: Any and all facilities and occupancies utilizing these types of systems and requiring appropriate fire protection measures.

CHAPTER 14: Hydrogen Systems
STATUTORY AUTHORITY: 25 MRSA, Sec. 2451
PURPOSE: Establishes rules and regulations for the design, construction, operation and maintenance of these systems. (NFPA Manual #50A and 50B - 1999 Edition)
ANTICIPATED SCHEDULE: Prior to July 2001
AFFECTED PARTIES: Any and all facilities and occupancies utilizing these types of systems and requiring appropriate fire protection measures.

CHAPTER 15: Welding And Cutting Process and Acetylene Cylinder Charging Plants
STATUTORY AUTHORITY: 25 MRSA, Sec. 2452
PURPOSE: Establishes rules and regulations for the design, construction, operation and maintenance of these systems and references the following NFPA Standards:
NFPA #51 Standard for the Design and Installation of Oxygen-Fuel Gas Systems for Welding, Cutting and Allied Processes (1997 Edition)
NFPA #51A Standard for Acetylene Cylinder Charging Plants (2000 Edition)
NFPA #51B Standard for Fire Prevention During Welding, Cutting and Other Hot Work (1999 Edition)
ANTICIPATED SCHEDULE: Prior to July 2001
AFFECTED PARTIES: Any and all facilities and occupancies utilizing these types of activities and requiring appropriate fire protection measures.

CHAPTER 16: National Fuel Gas Code
STATUTORY AUTHORITY: 25 MRSA, Sec. 2452
PURPOSE: Establishes rules and regulations for the design, construction, operation and maintenance of these systems. (NFPA Manual #54 - 1999 Edition)
ANTICIPATED SCHEDULE: Prior to July 2001
AFFECTED PARTIES: Any and all facilities and occupancies that utilize these types of systems and requiring appropriate fire protection measures.

CHAPTER 17: Rules and Regulations for Medical Facilities and Equipment
STATUTORY AUTHORITY: 25 MRSA, Sec. 2452
PURPOSE: This chapter contains specific information, regulations and minimum requirements relating to: inhalation anesthetics, respiratory therapy, laboratories in health related institutions, hyperbolic facilities, nonflammable medical gas systems, and inhalation anesthetics in ambulatory care facilities; and references the following NFPA Standards:
NFPA #99 Standard for Health Care Facilities (1999 Edition)
NFPA #99C Gas and Vacuum Systems (1999 Edition)
ANTICIPATED SCHEDULE: Prior to July 2001
AFFECTED PARTIES: Any and all facilities or occupancies that utilize the types of activities covered in this chapter.

CHAPTER 18: Fire Alarm Systems
STATUTORY AUTHORITY: 25 MRSA, Sec. 2396; 2452
PURPOSE: Establishes rules and regulations for the design, operation and maintenance of these systems. (NFPA Manual #72 - 1999 Edition)
ANTICIPATED SCHEDULE: Prior to July 2001
AFFECTED PARTIES: Any and all facilities or occupancies that require the installation and use of a fire alarm system for occupant and fire department notification in the event of fire.

CHAPTER 19: Lightning Protection Code
STATUTORY AUTHORITY: 25 MRSA, Sec. 2396; 2452
PURPOSE: Establishes rules and regulations for circumstances requiring lightning protection measures. (NFPA Manual #780 - 1997 Edition)
ANTICIPATED SCHEDULE; Prior to July 2001
AFFECTED PARTIES: Any and all facilities or occupancies that require measures to be taken for lightning protection.

CHAPTER 20: Vapor Removal From Cooking Equipment
STATUTORY AUTHORITY: 25 MRSA, Sec. 2396; 2452
PURPOSE: Establishes rules and regulations for circumstances requiring this equipment installation. (NFPA Manual #96 - 1998 Edition)
ANTICIPATED SCHEDULE: Prior to July 2001
AFFECTED PARTIES: Any and all facilities or occupancies that utilize this type of equipment and require the appropriate fire protection measures.

CHAPTER 21: Life Safety Measures
STATUTORY AUTHORITY: 25 MRSA, Sec. 2396; 2452
PURPOSE: Establishes rules and regulations for the protection of life and property from fire and references the following NFPA Standards:
NFPA #101 Life Safety Code (2000 Edition)
NFPA #220 Standard on Types of Building Construction (1999 Edition)
NFPA # 80 Standard for Fire Doors and Fire Windows (1999 Edition)
ANTICIPATED SCHEDULE: Prior to July 2001
AFFECTED PARTIES: Any and all facilities or occupancies that require protective measures to be taken to protect life and property from fire.

CHAPTER 22: Tents, Grandstands, Air Supported Structures for Places of Assembly
STATUTORY AUTHORITY: 25 MRSA, Sec. 2396; 2452
PURPOSE: Establishes rules and regulations for the design, construction and fire protection measures for these facilities. (NFPA Manual #102 - 1995 Edition)
ANTICIPATED SCHEDULE: Prior to July 2001
AFFECTED PARTIES: Any and all facilities meeting this occupancy use and the appropriate life safety and fire protection measures.

CHAPTER 23: Chimneys, Fireplaces and Vents
STATUTORY AUTHORITY: 25 MRSA, Sec. 2396; 2452
PURPOSE: Establishes rules and regulations for the design, construction, operation and fire protection measures. (NFPA Manual #211 - 2000 Edition)
ANTICIPATED SCHEDULE: Prior to July 2001
AFFECTED PARTIES: Any and all facilities or occupancies that utilize the features of chimneys, fireplaces or vents and the subsequent fire protection measures associated with these features.

CHAPTER 24: Purged and Pressurized Enclosures for Electrical Equipment
STATUTORY AUTHORITY: 25 MRSA, Sec. 2396; 2452
PURPOSE: Establishes rules and regulations for circumstances where this type of facility requires protective measures from fire. (NFPA Manual #496 - 1998 Edition)
ANTICIPATED SCHEDULE: Prior to July 2001
AFFECTED PARTIES: Any and all facilities or occupancies that utilize or meet the requirements of the subject matter contained in this chapter for fire protection measures.

CHAPTER 25: Fire Safety Technician and Certification Program
STATUTORY AUTHORITY: 22 MRSA, Sec. 803-A
PURPOSE: Establishes the rules and regulations for conducting the training of, and certification of persons who will be conducting inspections of properties under certain regulated circumstances.
ANTICIPATED SCHEDULE: Prior to July 2001
AFFECTED PARTIES: Any and all persons who participate in this training and certification program with the intent of conducting inspections under the control of the standards of the State Fire Marshal's Office.

CHAPTER 26: Rules for the Display of Fireworks
STATUTORY AUTHORITY: 8 MRSA, Sec. 212
PURPOSE: Establishes the rules and regulations for the construction, handling, storage, transport and use of fireworks.
ANTICIPATED SCHEDULE: Prior to July 2001
AFFECTED PARTIES: Any and all persons, who are involved in all aspects of the display of fireworks.

CHAPTER 27: Rules for a Proximate Audience
STATUTORY AUTHORITY: 8 MRSA, Sec. 227
PURPOSE: Establishes rules and regulations for the use of pyrotechnic and flame based activities before a proximate audience and references the following NFPA Standards:
NFPA #160 Standard for Flame Effects Before an Audience
NFPA #1126 Standard for the Use of Pyrotechnics Before a Proximate Audience
ANTICIPATED SCHEDULE: Prior to July 2001
AFFECTED PARTIES: Any and all persons, organizations, companies or activities that utilize the activities associated with flame or pyrotechnics before a proximate audience.

CHAPTER 28: Rules Governing Tents and Equipment of Circuses and Traveling Amusement Shows
STATUTORY AUTHORITY: 8 MRSA, Sec. 502
PURPOSE: Establishes rules and regulations for the design, operation, maintenance and fire protection measures of such facilities or activities.
ANTICIPATED SCHEDULE: Prior to July 2001
AFFECTED PARTIES: Any and all amusement shows and circuses

CHAPTER 29: Rules Governing Operation of Amusement Devices and Midways
STATUTORY AUTHORITY: 8 MRSA, Sec. 502
PURPOSE: Establishes the rules and regulations for the condition and operation of such facilities and activities for life safety purposes.
ANTICIPATED SCHEDULE: Prior to July 2001
AFFECTED PARTIES: Any and all operators of amusement devices and midways.

CHAPTER 30: Rules Relating to Structures Used by Spectators During Motor Vehicle Racing
STATUTORY AUTHORITY: 8 MRSA, Sec. 502
PURPOSE: Establishes rules and regulations relating to structures used to accommodate and protect spectators during motor vehicle racing. This chapter further assures the safe and proper construction and maintenance of grandstands, bleachers, stadiums, arenas, safety barriers and the surface upon which they are placed.
ANTICIPATED SCHEDULE; Prior to July 2001
AFFECTED PARTIES: Any and all facilities or activities which utilize structures for use by spectators at motor vehicle racing.

CHAPTER 31: Adjudicatory And Licensing Procedures
STATUTORY AUTHORITY: 5 MRSA, Sec. 8051
PURPOSE: Establishes rules and regulations for the administration of the adjudicatory process for licensing procedures.
ANTICIPATED SCHEDULE: Prior to July 2001
AFFECTED PARTIES: Any and all persons or parties who are involved in a licensing process within the scope of activities carried out by the Office of State Fire Marshal

CHAPTER 32 (NEW ADDITION): Safe Buildings
STATUTORY AUTHORITY: 25 MRSA, Sec. 2396; 2452
PURPOSE: Establishes rules and regulations for identification of buildings constructed utilizing truss construction by appropriate signage; and identifying and maintaining vacant and/or abandoned buildings for firefighter safety.
ANTICIPATED SCHEDULE: Prior to July 2001
AFFECTED PARTIES: Any and all buildings, facilities or occupancies that meet the criteria associated with this chapter.

CHAPTER 135: Rules for the Manufacture, Transportation, Sale, Storage and Use of Explosive Material
STATUTORY AUTHORITY: 25 MRSA, Sec. 2441
PURPOSE: Establishes rules and regulations for the safeguarding of persons through the manufacture, transportation, storage, sale and use of explosive materials and references the following NFPA Standard:
NFPA #495 Explosive Materials Code (1996 Edition)
ANTICIPATED SCHEDULE: Prior to July 2001
AFFECTED PARTIES: Any and all persons, organizations, companies, or entities who are involved in the manufacture, transportation, sale, storage or use of explosive material.

CHAPTER 239: Standard for the Fire Protection of Storage
STATUTORY AUTHORITY: 25 MRSA, Sec. 2396; 32 MRSA, Sec. 1382
PURPOSE: Establishes the rules and regulations associated with general storage and the associated fire protection measures and references the following NFPA Standards:
NFPA #13 Installation of Sprinkler Systems (1999 Edition)
NFPA #230 Standard for the Fire Protection of Storage (1999 Edition)
ANTICIPATED SCHEDULE: Prior to July 2001
AFFECTED PARTIES: Any and all facilities and occupancies that utilize storage that meets the requirements of this chapter and the associated fire protection measures.

CHAPTER 240: Rules Relating to Flammable and Combustible Liquids
STATUTORY AUTHORITY: 25 MRSA, Sec. 2452
PURPOSE: Establishes rules and regulations for the transporting, storage, handling or use of flammable, or combustible liquids and the associated fire protection measures.
ANTICIPATED SCHEDULE: Prior to July 2001
AFFECTED PARTIES: Any and all persons, firms, corporations, co-partnership's, voluntary associations; and governmental agencies, except federal, that transport, store, handle or use these materials.


AGENCY UMBRELLA- UNIT NUMBER: 16-222
AGENCY NAME: Department of Public Safety, Bureau of State Police

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

EXPECTED 2000-2001 RULE-MAKING ACTIVITY:

CONTACT PERSON FOR CHAPTERS 1 AND 12: Sgt. Jan Stetson Reynolds, 20 State House Station, Augusta, Maine 04333 Tel.: (207) 624-8939

CHAPTER 1: Motor Vehicle Inspection Manual
STATUTORY AUTHORITY: 29-A MRSA 1769
PURPOSE: These rules regulate the requirements which must be met before official inspection stations may issue certificates of inspection for motor vehicles, as well as requirements for official inspection stations and inspection mechanics.
ANTICIPATED SCHEDULE: Rule amendments would be proposed before July 1, 2001.
AFFECTED PARTIES: Owners of inspection stations, inspection mechanics, owners of vehicles that are required to be inspected.

CHAPTER 12: Rules for After-Market Window Tinting.
STATUTORY AUTHORITY: 29-A MRSA 1916
PURPOSE: These rules regulate the installation of and establish a form fee for the installers of after-market window tinting in motor vehicles.
ANTICIPATED SCHEDULE: Rule amendments would be proposed before July 1, 2001.
AFFECTED PARTIES: Installers of after-market window tinting and owners of motor vehicles which have after-market window tinting.

CONTACT PERSON FOR CHAPTERS 2, 3, 7, 9, 15: Sgt. Barry Hathaway, Maine State Police Licensing and Inspection Division, 164 State House Station, Augusta, ME 04333-0164.

CHAPTER 2: Rules and Regulations Relating to Games of Chance
Statutory Authority: 17 MRSA 341, 343
Purpose: Amendment of existing rules and enactment of additional rules for distributors of gambling apparatus; applications, hearings, and the conduct of games of chance, including those at agricultural fairs, to reflect policy and law changes.
Anticipated Schedule: Winter-Spring 2000-01.
Affected Parties: Games of chance licensees and applicants, agricultural fair societies; distributors of gambling apparatus and implements.
Consensus-based rule development: Notice, opportunity for comment, possible hearings.

CHAPTER 3: Rules and Regulations Relating to Beano
Statutory Authority: 17 MRSA 317
Purpose: Amendment of existing rules and enactment of additional rules for applications and hearings and the conduct of beano to reflect policy and law changes.
Anticipated Schedule: Winter-Spring 2000-01.
Affected Parties: Beano licensees and applicants; commercial hall permittees.
Consensus-based rule development: Notice, opportunity for comment, possible hearings.

CHAPTER 7: Rules and Regulations Relating to Beano and Bingo by Federally Recognized Indian Tribes
Statutory Authority: 17 MRSA 314
Purpose: Amendment of rules relating to the licensing and operation of beano and bingo on Indian reservations by federally recognized Indian tribes.
Anticipated Schedule: Winter 2000-01.
Affected Parties: Federally recognized Indian tribes that operate beano and/or bingo.
Consensus-based rule development: Notice, opportunity for comment, possible hearings.

CHAPTER 9: Rules and Regulations Relating to Private Investigators
Statutory Authority: 32 MRSA 8116
Purpose: Amendment and enactment of rules for the licensing of private investigators, and investigative assistants, and hearing procedures.
Anticipated Schedule: Winter-Spring 2000-01.
Affected Parties: Licensed private investigators, investigative assistants, and license applicants.
Consensus-based development: Notice, opportunity for comment, possible hearings.

CHAPTER 15 [NEW CHAPTER]: Video Lottery Terminals
Statutory Authority: 17 MRSA 364 (Not yet enacted)
Purpose: If this 17 MRSA 348, 361 et seq. is enacted by referendum in the November 2000 election, it will be necessary to enact rules to regulate the licensing and operation of video lottery terminals.
Anticipated Schedule: Fall-Winter 2000-01.
Affected Parties: Video lottery terminal operators, distributors, wholesalers, manufacturers, players, qualifying pari-mutuel facilities.
Consensus-based development: Notice, opportunity for comment, possible hearing.

CONTACT PERSON FOR CHAPTERS 13, 20: Timothy D. Kupferschmid, Director, Maine State Police Crime Laboratory, 30 Hospital Street, Augusta, ME 04333-0042. Tel: (207)624-7017.

CHAPTER 13: Gross Sexual Assault Standardization Evidence Collection Kit
STATUTORY AUTHORITY: 30-A MRSA 287, sub-4.
PURPOSE: These rules delineate the contents of a uniform standardized forensic examination kit for evidence collection in alleged cases of sexual assault.
ANTICIPATED SCHEDULE: This rule will be repealed when Chapter 20, see infra, is adopted. The statute authorizing the adoption of the rule was repealed.
AFFECTED PARTIES: All medical facilities that perform sexual assault examinations.

CHAPTER 20: Uniform Standardized Forensic Examination Kit for Gross Sexual Assault Evidence Collection
STATUTORY AUTHORITY: 25 MRSA 2915, sub-1.
PURPOSE: These rules define the contents of a standardized forensic examination kit for gross sexual assault evidence collection, instructions for administering the kit and a checklist that examiners must follow and enclose in the kit.
ANTICIPATED SCHEDULE: This rule will be adopted during the early fall of 2000.
AFFECTED PARTIES: All medical facilities that perform sexual assault examinations.

CONTACT PERSON FOR CHAPTER 15: Lt. Jackie M. Theriault, 42 State House Station, Augusta, ME 04333-0042. Tel: (207) 624-7097.

CHAPTER 15: State Bureau of Identification fee waiver for non-profit organizations.
STATUTORY AUTHORITY: 25 MRSA 1541, sub-6.
PURPOSE: This rule will regulate the waiver of fees paid to the State Bureau of Identification from non-profit organizations for criminal/noncriminal background checks.
ANTICIPATED SCHEDULE: Adoption during the fall or winter of 2000.
AFFECTED PARTIES: All not for profit organizations requesting criminal/noncriminal background checks.


AGENCY UMBRELLA-UNIT NUMBER: 16-226
AGENCY NAME: Maine Bureau of Liquor Enforcement

CONTACT PERSON: Lynn Cayford, Director, 87 State House Station, Augusta, ME 04333 Phone 624-8973

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2000-2001 RULE MAKING ACTIVITY:

All rules will be reviewed for accuracy and correct wording.

CHAPTER 1: Operations and control of all licensed premises
STATUTORY AUTHORITY: 28-A MRSA62-A-2
PURPOSE: Rules may be amended concerning return of beer and wine products by retailers to wholesalers.
ANTICIPATED SCHEDULE: Summer 2001
AFFECTED PARTIES: Licensed retailers and wholesalers.

CHAPTER 2: On-premise licensees
STATUTORY AUTHORITY: 28-A MRSA62-A-2
PURPOSE: Rules may be enacted to address new no smoking laws, and new licenses enacted.
ANTICIPATED SCHEDULE: Summer 2001
AFFECTED PARTIES: Licensed retailers and wholesalers

CHAPTER 2: On-premise licensees (Rule 2.8A)
STATUTORY AUTHORITY: 28-A MRSA62-A-2
PURPOSE: Rule 2.8A will correct error from Title 28 to Title 28-A
ANTICIPATED SCHEDULE: Summer 2001
AFFECTED PARTIES: None

CHAPTER 3: Off-premise licensees
STATUTORY AUTHORITY: 28-A MRSA62-A-2
PURPOSE: Rule may be amended to address changes in the wine tasting law and to clarify the requirement of wholesale inventory.
ANTICIPATED SCHEDULE: Summer 2001
AFFECTED PARTIES: Licensed retailers and wholesalers.

CHAPTER 4: Premises licensed as wholesalers, manufacturers and certificate of approval holders.
STATUTORY AUTHORITY: 28-A MRSA62-A-2
PURPOSE: Rules may be amended to reflect changes in the law related to farm wineries and small breweries, restrictions related to certificate holders and wholesalers marketing practices and the supplying or servicing of draught equipment.
ANTICIPATED SCHEDULE: Summer 2001
AFFECTED PARTIES: Wholesalers, manufacturers, certificate of approval holders and
licensees of the bureau.

CHAPTER 11-15: Rules relating to agency liquor stores.
STATUTORY AUTHORITY: 28-A MRSA62-A-2
PURPOSE: Rules may be amended to clarify licensing procedures, pricing policy, advertising, merchandising policy and requirements relating to agents who sell to licensees.
ANTICIPATED SCHEDULE: Summer 2001
AFFECTED PARTIES: Agency liquor store licensees.


AGENCY UMBRELLA-UNIT NUMBER: 16-574
AGENCY NAME: Department of Public Safety, Emergency Services Communication Bureau
104 State House Station, Augusta, ME 04333-0104

CONTACT PERSON: Albert E. Gervenack, Director, ESCB, 287-9911

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 2000-2001 RULE-MAKING ACTIVITY:

CHAPTER 1: Standards for Establishing a Statewide Enhanced 9-1-1 System
STATUTORY AUTHORITY: 25 MRSA 2926
PURPOSE: These rules regulate the establishment of statewide Enhanced 9-1-1 service. They will be amended to add or modify standards, procedures, and requirements for system audits, system network design, Public Safety Answering Points, data exchange, address and routing databases, and coordination between telephone utilities and municipalities.
ANTICIPATED SCHEDULE FOR ADOPTION: No later than July 1, 2001.
AFFECTED PARTIES: Enhanced 9-1-1 system provider, local telephone service providers, wireless telephone providers, Public Safety Answering Points, emergency dispatch agencies, municipalities, plantations, counties, owners of private branch exchanges (PBX) and other privately owned telephone systems, owners of coin-operated telephones, and the Emergency Services Communication Bureau.
CONSENSUS-BASED RULE DEVELOPMENT: In addition to at least three public hearings, the Emergency Services Communication Bureau will solicit input from the Enhanced 9-1-1 Council, which includes representatives from large and small telephone companies, wireless telephone providers, the hearing impaired community, public safety dispatchers, and the Public Utilities Commission, and directly from other represented groups on the council such as the Maine Police Chiefs Association, Maine Fire Chiefs Association, Maine Sheriffs Association. Input will also be sought from the Maine Municipal Association, Maine County Commissioners Association, and other affected parties.


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