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90-99
Independent Agencies

2000-2001 Regulatory Agenda



AGENCY UMBRELLA-UNIT NUMBER: 90-351
AGENCY NAME: 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 2000-201 RULE-MAKING ACTIVITY:

CHAPTER 1: Payments
STATUTORY AUTHORITY: 39-A MRSA §152(2)
PURPOSE: Change section 1(A) to conform with amended Memorandum of Payment form.
ANTICIPATED SCHEDULE: Winter 2000-2001
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 §152(2)
PURPOSE: Change section 1(B) to conform with amended Memorandum of Payment form.
ANTICIPATED SCHEDULE: Winter 2000-2001
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 §152(2); §213
PURPOSE: The benefit limitation in Section 213(4) is due to be re-examined by January 1, 2001.
ANTICIPATED SCHEDULE: Winter 2000
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys.

CHAPTER 4(1)(B)
STATUTORY AUTHORITY: 39-A MRSA §152(2); §312
PURPOSE: To clarify the phrase "Board Certified."
ANTICIPATED SCHEDULE: Winter 2000
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys.

CHAPTER 4(2) and (3)
STATUTORY AUTHORITY: 39-A MRSA §152(2); §312
PURPOSE: To clarify the procedure for submitting medical records to IMEs.
ANTICIPATED SCHEDULE: Winter 2000
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys.

CHAPTER 4(2)(2)
STATUTORY AUTHORITY: 39-A MRSA §152(2); §312
PURPOSE: To permit the selection of examiners not on the Board's list if a qualified examiner is not available.
ANTICIPATED SCHEDULE: Winter 2000
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys.

CHAPTER 4(2)(3)
STATUTORY AUTHORITY: 39-A MRSA §152(2); §312
PURPOSE: To permit the selection of examiners not on the Board's list if a qualified examiner is not available.
ANTICIPATED SCHEDULE: Winter 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 § 152(2); § 312
PURPOSE: To clarify whether an IME is available after a provisional order is ruled upon.
ANTICIPATED SCHEDULE: Winter 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 § 152(2); § 312
PURPOSE: Change reference to Deputy Director of Dispute Resolution to Executive Director or Executive Director's designee.
ANTICIPATED SCHEDULE: Winter 2000
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys.

CHAPTER 4(4): Independent Medical Examiner
STATUTORY AUTHORITY: 39-A MRSA § 152(2) ; § 209; § 312
PURPOSE: To adjust reimbursement rates.
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 § 152(2) ; § 209; § 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 § 152(2); § 209
PURPOSE: Update CPT Codes.
ANTICIPATED SCHEDULE: Fall 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 § 152(2); § 217; § 355
PURPOSE: Establish procedures for the Employment Rehabilitation process.
ANTICIPATED SCHEDULE: Winter 2001
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 § 152(2); § 318
PURPOSE: Amend the following paragraphs:
8(7) Amend to distinguish between 10% and 25% interest.
8(8) Define calculation of partial incapacity pursuant to 39-A MRSA §213.
8(12) Add form WCB-2 to list of forms that may be filed when an incapacity payment is made.
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 § 152(2); § 221
PURPOSE: Clarify when a Modification of Compensation form must be filed.
ANTICIPATED SCHEDULE: Fall 2000
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 § 152(2); § 315
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.

NEW RULES:

CHAPTER 3: Form Filing
STATUTORY AUTHORITY: 39-A MRSA § 152(2), §303
PURPOSE: Clarify when a First Report of Injury must be filed.
ANTICIPATED SCHEDULE: Fall 2000
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys.

CHAPTER : Definitions
STATUTORY AUTHORITY: 39-A MRSA § 152(2), § 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 2000-2001
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 § 152(2), § 154
PURPOSE: Clarify Administrative Fund Assessment procedures.
ANTICIPATED SCHEDULE: Winter 2000
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 § 152(2), § 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 2000
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys.


AGENCY UMBRELLA-UNIT NUMBER: 90-429
AGENDY NAME: Board of Licensure of Water Treatment Plant Operators

This board's regulatory agenda is filed under 10, Department of Human Services.


AGENCY UMBRELLA-UNIT NUMBER: 90-564
AGENCY NAME: Fund Insurance Review Board

CONTACT PERSON: Veronica Costa, Finance Authority of Maine, 83 Western Avenue, P.O. Box 949, Augusta, Maine 04332--0949. Tel: (207) 623-3263.

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 2000-2001 RULE-MAKING ACTIVITY:

CHAPTER 3: Appeals Procedures
STATUTORY AUTHORITY: 38 MRSA  568-A(3-A)
PURPOSE: The Board may make amendments to simplify and/or clarify its procedural rules.
ANTICIPATED SCHEDULE: The Board routinely reviews its appeals procedures and at this time has no reason to think that amendments to the rule will be necessary, but the Board wishes to put the Joint Standing Committee on notice that it may wish to amend the rule prior to October 1, 2001.
AFFECTED PARTIES: Applicants aggrieved by a decision of the Commissioner of the Department of Environmental Protection or the State Fire Marshal who appeal their decisions to the Fund Insurance Review Board.

CHAPTER 4: Oil Import Fees
STATUTORY AUTHORITY: 38 MRSA  568-B(2)(D) and 569-A(5)(E)
PURPOSE: If the Ground Water Oil Clean-Up Fund is insufficiently funded the Board may increase oil import fees.
ANTICIPATED SCHEDULE: At this time it is not known whether an amendment to the rule will be necessary, but the Board wishes to put the Joint Standing Committee on notice that procedures or funding levels could change which could require the Board to change the fees prior to October 1, 2001.
AFFECTED PARTIES: Oil terminal facility licensees and persons required to register with the Commissioner of the Department of Environmental Protection who first transport oil into the state.

CHAPTER 5: Documentation Requirements for Claims Submitted by Owners of Aboveground Oil Storage Facilities
STATUTORY AUTHORITY: 38 MRSA  568-A(1)(H)
PURPOSE: The rule defines the documentation requirements for claims submitted to the State Fire Marshal for coverage by the Ground Water Oil Clean-Up Fund by owners of aboveground oil storage facilities.
ANTICIPATED SCHEDULE: At this time the Board does not anticipate that an amendment to the rule will be necessary, but the Board wishes to put the Joint Standing Committee on notice that it may wish to amend the rule prior to October 1, 2001.
AFFECTED PARTIES: Owners and operators of aboveground oil storage facilities who apply for coverage by the Ground Water Oil Clean-Up Fund.

CHAPTER 6: Standards to Determine Ability to Pay Deductible
STATUTORY AUTHORITY: 38 MRSA  568-A(3)
PURPOSE: The rule establishes standards for determining whether an applicant is unable to pay the deductible for a personal residence.
ANTICIPATED SCHEDULE: At this time the Board does not anticipate that an amendment to the rule will be necessary, but the Board wishes to put the Joint Standing Committee on notice that it may wish to amend the rule prior to October 1, 2001.
AFFECTED PARTIES: Owners of aboveground and/or underground oil storage facilities at their personal residences who apply for coverage from the Ground Water Oil Clean-Up Fund.


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 2000-2001 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: March 2001 - October 2001
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 may need to be amended to equalize the fee schedule of forfeitures for failure to file data as required and failure to protect the disclosure of confidential or privileged data.
ANTICIPATED SCHEDULE: January 2001 - October 2001
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 if needed to reflect the changes made to the Maine Health Data Organization's data submittal rules (Chapters 241, 245, 300, and 630).
ANTICIPATED SCHEDULE: March 2001 - October 2001
AFFECTED PARTIES: All parties who request, access, and utilize data from the MHDO.
MHDO REGULATORY AGENDA Page 2

CHAPTER 241: Uniform Reporting System For Hospital Inpatient Data Sets and Hospital Outpatient Data Sets
STATUTORY AUTHORITY: 22 MRSA, §8704, sub-§4 and §8708
PURPOSE: The rules must be amended to reflect new modes of reporting the required data sets. Timelines, record formats and submittal requirements may need to be modified.
ANTICIPATED SCHEDULE: March 2001 - October 2001
AFFECTED PARTIES: All Maine hospitals that submit health-related data to the MHDO.

CHAPTER 245: Uniform Reporting System For Non-Hospital Ambulatory Service Data Sets STATUTORY AUTHORITY: 22 MRSA, §8704, sub-§4 and §8708
PURPOSE: The rules must be amended to reflect new modes of reporting the required data sets and to make changes in the type of data collected. Data sets, record formats and submittal requirements may need to be modified.
ANTICIPATED SCHEDULE: March 2001 - October 2001
AFFECTED PARTIES: All Maine non-hospital health care providers that submit or may be required to submit health related data to the MHDO.


AGENCY: Maine State Museum
AGENCY UMBRELLA & UNIT NUMBER: 94-073

The Maine State Museum does not plan to do any rulemaking this year.


AGENCY UMBRELLA-UNIT NUMBER: 94-270
AGENCY NAME: 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 2000-2001 RULE-MAKING ACTIVITY:

CHAPTER 1: Procedures
STATUTORY AUTHORITY: 1 MRSA § 1002, as amended; 1 MRSA § 1003; 21-A MRSA § 1017, sub-§ 3-B; 21-A MRSA § 1019, as amended; 21-A MRSA 1125, sub-§ 9; 21-A MRSA § 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. These rules may have to be amended as a result of statutory changes enacted by the 119th Legislature, including establishment of or amendment to the campaign report filing forms for candidates, or statutory changes resulting from the year 2000 elections.
ANTICIPATED SCHEDULE: Spring-Summer 2001 (possible).
AFFECTED PARTIES: The general public at large, including prospective candidates and persons 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 § 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 Commission's statutory authority. Changes are possible to accommodate any statutory revisions to Commission authority.
ANTICIPATED SCHEDULE: Spring-Summer 2001 (possible).
AFFECTED PARTIES: The general public at large, including prospective candidates and persons 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 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; record-keeping and reporting requirements; and procedures for recounts, vacancies, and special elections. They may have to be amended to accommodate any legislative changes resulting from the year 2000 elections and the mandatory Study Report that the Commission will submit to the Legislature analyzing the operation of the Maine Clean Election Act in the 2000 elections.
ANTICIPATED SCHEDULE: Spring-Summer 2001 (possible).
AFFECTED PARTIES: The general public at large, including prospective candidates and persons interested in becoming candidates for the office of Governor, State Senator, or State Representative.
CONSENSUS-BASED RULE DEVELOPMENT: Stakeholder participation likely.

CHAPTER 4: Implementing Regulations
STATUTORY AUTHORITY: 1 MRSA Section 1003
PURPOSE: The Commission will propose rules to regulate lobbyist disclosure procedures and the conduct of "push-polling" as a result of complaints brought to the Commission's attention regarding the interpretation of State laws concerning those two areas within the Commission's jurisdiction and pursuant to Legislative Resolution of the 119th Legislature.
ANTICIPATED SCHEDULE: Spring-Summer 2001 (possible).
AFFECTED PARTIES: The general public at large, including prospective candidates and persons 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.


AGENCY UMBRELLA-UNIT NUMBER: 94-293
AGENCY NAME: Baxter State Park

CONTACT PERSON: Roxanna McLean, 64 Balsam Drive, Millinocket, ME 04462. Tel: (207)723-9500

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2000-2001 RULE-MAKING ACTIVITY:

CHAPTER 1: Reservations
STATUTORY AUTHORITY: 5 MRSA§ 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.
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 public's 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.

CHAPTER 1: Fees
STATUTORY AUTHORITY: 5 MRSA § 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.
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 public's 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.

CHAPTER 1: Vehicles
STATUTORY AUTHORITY: 5 MRSA § 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.
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 public's 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.

CHAPTER 1: Pets or Releasing Animals
STATUTORY AUTHORITY: 5 MRSA § 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.
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 public's 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.

CHAPTER 1: Registration
STATUTORY AUTHORITY: 5 MRSA § 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.
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 public's 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.

CHAPTER 1: Entrance Permits.
STATUTORY AUTHORITY: 5 MRSA § 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.
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 public's 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.

CHAPTER 1: Camping
STATUTORY AUTHORITY: 5 MRSA § 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.
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 public's 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.

CHAPTER 1: Parking
STATUTORY AUTHORITY: 5 MRSA § 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.
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 public's 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.

CHAPTER 1: Traffic
STATUTORY AUTHORITY: 5 MRSA § 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.
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 public's 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.

CHAPTER 1: Groups.
STATUTORY AUTHORITY: 5 MRSA § 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.
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 public's 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.

CHAPTER 1 : Minors.
STATUTORY AUTHORITY: 5 MRSA § 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 human safety and 3) providing for responsible fiscal management of the funds upon which the Park is dependent.
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 public's 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.

CHAPTER 1: Fires
STATUTORY AUTHORITY: 5 MRSA § 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.
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 public's 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.

CHAPTER 1: Litter
STATUTORY AUTHORITY: 5 MRSA § 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.
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 public's 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.

CHAPTER 1: Washing.
STATUTORY AUTHORITY: 5 MRSA § 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.
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 public's 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.

CHAPTER 1: Feeding Animals.
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.
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 public's 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.

CHAPTER 1: Disturbances.
STATUTORY AUTHORITY: 5 MRSA A. § 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.
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 public's 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.

CHAPTER 1: Climbing or Mountain Hiking.
STATUTORY AUTHORITY: 5 MRSA § 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.
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 public's 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.

CHAPTER 1: Aircraft.
STATUTORY AUTHORITY: 5 MRSA § 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.
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 public's 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.

CHAPTER 1: Boats.
STATUTORY AUTHORITY: 5 MRSA § 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.
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 public's 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.

CHAPTER 1: Motorcycles, ATV's, & Bicycles.
STATUTORY AUTHORITY: 5 MRSA § 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.
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 public's 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.

CHAPTER 1: Snowmobiles.
STATUTORY AUTHORITY: 5 MRSA § 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.
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 public's 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.

CHAPTER 1: Firearms, Hunting, and Trapping.
STATUTORY AUTHORITY: 5 MRSA § 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.
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 public's 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.

CHAPTER 1: Fishing
STATUTORY AUTHORITY: 5 MRSA § 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.
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 public's 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.

CHAPTER 1: Protecting of Natural and Cultural Resources.
STATUTORY AUTHORITY: 5 MRSA § 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.
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 public's 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.

CHAPTER 1: Audio Devices.
STATUTORY AUTHORITY: 5 MRSA § 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.
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 public's 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.

CHAPTER 1: Power Equipment.
STATUTORY AUTHORITY: 5 MRSA § 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.
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 public's trust in the Park and ensure that decisions made today protect the Park for the enjoyment of generations of Mainers in the future.
AFFECTED 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 public's trust in the Park and ensure that decisions made today protect the Park for the enjoyment of generations of Mainers in the future.

CHAPTER 1: Liquor and Drugs
STATUTORY AUTHORITY: 5 MRSA § 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.
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 public's 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.

CHAPTER 1: Closed Areas.
STATUTORY AUTHORITY: 5 MRSA § 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.
ANTICIPATED SCHEDULE: When the need arises to alter this regulations, we will make very specific changes to protect the resource and uphold the best interest of the public's 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.

CHAPTER 1: Special Research Studies.
STATUTORY AUTHORITY: 5 MRSA § 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.
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 public's 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.

CHAPTER 1: Violations.
STATUTORY AUTHORITY: 5 MRSA § 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.
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 public's 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.

CHAPTER 1: Purchase of Services and Awards
STATUTORY AUTHORITY: 5 MRSA § 8056
PURPOSE: 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 ensure that contractors know the appropriate procedures for bidding and to ensure that the process continues to be fair and adequate.
AFFECTED PARTIES: Any person or business wishing to do business with Baxter State Park.


AGENCY UMBRELLA-UNIT NUMBER: 94-348
AGENCY NAME: Maine Human Rights Commission

CONTACT PERSON: John E. Carnes, Esq., 51 State House Station, Augusta, ME 04333-0051

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2000-2001 RULE-MAKING ACTIVITY:

CHAPTER 2: Procedural Rule
STATUTORY AUTHORITY: 5 MRSA, §4566(7)
PURPOSE: To provide confidentiality for medical records contained in the investigative files of the Commission.
ANTICIPATED SCHEDULE: January 2001
AFFECTED PARTIES: All parties (complainants, respondents, attorneys and/or other representatives), members of the public and the press.


AGENCY UMBRELLA-UNIT NUMBER: 94-376
AGENCY NAME: Maine Municipal Bond Bank

Please be advised that the Maine Municipal Bond Bank does not intend to promulgate any administrative rules during the current fiscal year.


AGENCY UMBRELLA-UNIT NUMBER: 94-409
AGENCY NAME: Maine Indian Tribal-State Commission

CONTACT PERSON: Diane Scully, Executive Director, P.O. Box 87, Hallowell, ME 04347, 622-4815

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2000-2001 RULEMAKING ACTIVITY: A list of all rules your agency expects to propose between now and October 1, 2001. For each item include the following information:

CHAPTER 201: Fishing on Water under Jurisdiction of Maine Indian Tribal-State Commission
STATUTORY AUTHORITY: 30 MRSA §6207(3)
PURPOSE OF THE RULE: To license commercial activities on waters under the jurisdiction of Maine Indian the Tribal-State Commission and other issues that the State and the Tribes agree need to be addressed.
SCHEDULE FOR ADOPTION: Spring/Summer 2001
AFFECTED PARTIES:Potentially benefited and regulated parties include Passamaquoddy and Penobscot Tribal Members, as well as non Tribal members who fish on MITSC waters.
INFORMATION ON ANY PLANNED USE OF CONSENSUS BASED RULE DEVELOPMENT: MITSC is premised on the concept of consensus. Adoption of MITSC's rules cannot occur unless there is agreement by the State of Maine, the Passamaquoddy Tribe, and the Penobscot Nation


AGENCY UMBRELLA-UNIT NUMBER: 94-411
AGENCY NAME: Maine State Retirement System

CONTACT PERSON(S): Kay R. H. 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

EXPECTED 2000 - 2001 RULEMAKING ACTIVITY

CHAPTER 101: Average Final Compensation
STATUTORY AUTHORITY: 5 MRSA §17103(4); 17001(13)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Members of the Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System; employers

CHAPTER 102: Qualification as a Full-time Student
STATUTORY AUTHORITY: 5 MRSA §17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Beneficiaries of the Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System

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

CHAPTER 104: Limitations on Earnable Compensation for Purposes of Calculating Average Final Compensation of State Employee and Teacher Members
STATUTORY AUTHORITY: 5 MRSA §17001(4), §17001(13), §17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: State Employee and Teacher Members

CHAPTER 201: Reporting by Participating Local Districts and Public Schools
STATUTORY AUTHORITY: 5 MRSA §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 §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 §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 the Maine State Retirement System

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

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

CHAPTER 401: Membership and Creditable Service - State Employees and Participating District Employees
STATUTORY AUTHORITY: 5 MRSA §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 the Maine State Retirement System

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

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

CHAPTER 404: Membership and Creditable Service - Public School Teachers
STATUTORY AUTHORITY: 5 MRSA §§ 17001(42) and 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary; amend title to explicitly include other public school employees eligible for membership in the teacher plan
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Teacher members of the Maine State Retirement System

CHAPTER 405: Rate of Regular Interest
STATUTORY AUTHORITY: 5 MRSA §17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Members of the Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System

CHAPTER 406: Payment or Repayment of Contributions, Back Time, Refunds or Purchase of Service Credits
STATUTORY AUTHORITY: 5 MRSA §§ 17103(4), 17701(4), 17704, 17704-A, 17763, 18301(4), 18362
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Members of the Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System

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

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

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

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

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

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

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

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

CHAPTER 506: Rehabilitation of Recipients of Disability Retirement Benefits
STATUTORY AUTHORITY: 5 MRSA §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 §17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Members of The Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System; employers

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

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

CHAPTER 510: Reduction of Disability Retirement Benefits because of Lump-Sum Settlements of Benefits Payable under the Workers' Compensation or Similar Law or the United States Social Security Act
STATUTORY AUTHORITY: 3 MRSA § 853; 4 MRSA § 1353(6); 5 MRSA §§ 17906(2); 17930(4); 18506(2); 18530(4); 1122(5-A) and 1122(6)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Members of the Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System receiving disability retirement benefits

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

CHAPTER 701: Rules of Practice Governing Adjudicatory Proceedings Before the MSRS Board of Trustees
STATUTORY AUTHORITY: 5 MRSA §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 §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 §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 §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 §17103(4)
PURPOSE: Amend if necessary; repeal or replace if necessary
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: The Maine State Retirement System members

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

NEW RULE: Reduction of Accidental Death Benefits because of Lump-sum Settlements of benefits payable under the Workers' Compensation Act or Similar Law
STATUTORY AUTHORITY: 3 MRSA, §856, 4 MRSA §1356, 5 MRSA §§ 18005(2) and 18506(2)
PURPOSE: New rule(s); to provide basis for proration of lump-sum Workers' Compensation and similar payments
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: The Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System accidental death benefit recipients

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

NEW RULE: Compliance with Payroll and Reporting Requirements
STATUTORY AUTHORITY: 5 MRSA §§ 17103(4), 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: The Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System members; employers

NEW RULE: Payroll Reporting
STATUTORY AUTHORITY: 5 MRSA §§ 17103(4), 17601, 17701, 18301 and 18303
PURPOSE: New rules to establish requirements of the System's recordkeeping processes, some of which may change as processes are automated.
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: The Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System employers; members

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

NEW RULE: Implementation of Guidelines for Continuation of Disability Benefits while Actively Seeking Work
STATUTORY AUTHORITY: 5 MRSA §§ 17103(4), 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 §§ 17103(4), 17901, 17921
PURPOSE: New rule(s); to establish procedural and other requirements
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: The Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System members, disability recipients

NEW RULE: Restoration to Service and Restoration to Membership
STATUTORY AUTHORITY: 5 MRSA §§ 17906, 17910, 17656, 17930, 17932, 18506, 18061, 18253, 18530, 18532, 18661
PURPOSE: New rule(s); to establish procedural and other requirements
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: The Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System employers; members

NEW RULE: Death Benefits
STATUTORY AUTHORITY: 5 MRSA §§ 17103((4), 17951-17953, 18001-18006, 18551-18557, 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 members of the Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System

NEW RULE: Actuarial Factors and Tables
STATUTORY AUTHORITY: 3 MRSA, § 701(2), 4 MRSA §1201(2), 5 MRSA §§ 17001(2), 17103(4)
PURPOSE: New rule; to adopt mortality and service tables providing actuarial bases for benefit and other calculations
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Members of the Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System

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

NEW RULE: Purchasing Procedures
STATUTORY AUTHORITY: 5 MRSA §§ 17107-17110
PURPOSE: New rule specifies procedures used in obtaining goods and services for the Maine State Retirement System
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Providers of goods and services to Maine State Retirement System

OTHER NEW RULEMAKING ACTIONS: Automated Processing
STATUTORY AUTHORITY: 5 MRSA §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 the Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System functions.
ANTICIPATED SCHEDULE: 2000-2001
AFFECTED PARTIES: Members of the Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial 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 NAME: Maine Educational Loan Authority
CONTACT PERSON: Walter Moulton, Executive Director, Maine Educational Loan Authority, One City Center, 11th floor, Portland, Maine 04101. Tel: (207) 791-3625.

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None.

EXPECTED 2000-2001 RULE-MAKING ACTIVITY:

1. Bylaws governing the administration of the Maine Educational Loan Authority.
STATUTORY AUTHORITY: 20-A MRSA § 11417; 20-A MRSA § 11419.
PURPOSE: To provide guidelines for the administration of MELA, including conflicts of interest and public notice of meetings. To make amendments necessary to implement legislative changes.
ANTICIPATED SCHEDULE: Approval for Rulemaking by MELA Board: January 2001; Public Hearing: March 2001; Adoption Date: April 2001.
AFFECTED PARTIES: The Board and staff members who will have guidance for the basic administration of the Authority; all Maine residents interested in attending an institution of higher education or assisting someone else to attend an institution of higher education and students who enroll in an institution of higher education in Maine
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

2. Maine Medical Loan Program
STATUTORY AUTHORITY: 20-A MRSA § 11417(1)(N), 10 MRSA § 363.
PURPOSE: To amend the terms under which participants in the Maine Medical Loan Program may qualify for reduced interest rates; to establish a disclosure policy regarding such terms to comply with the Joint Rule of the Bureau of Banking and the Office of Consumer Credit Regulation on Student Loan Disclosures.
ANTICIPATED SCHEDULE: Approval for Rulemaking by MELA Board: December 2000; Public Hearing: January 2001; Adoption Date: February 2001.
AFFECTED PARTIES: Maine residents entering post-graduate studies in medical professions and students who are currently enrolled in an approved medical college or university in Maine.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

3. Rules for Competitive Bidding.
STATUTORY AUTHORITY: 20-A MRSA § 11417(7); 5 MRSA §§ 1825-A through 1825-I.
PURPOSE: To provide rules and guidelines for MELA entering into contracts relative to loan servicing and other substantial operating services. To adopt rules necessary to implement legislative changes.
ANTICIPATED SCHEDULE: Approval for Rulemaking by MELA Board: January 2001; Public Hearing: February 2001; Adoption Date: March 2001.
AFFECTED PARTIES: All businesses and individuals who may provide loan servicing and other substantial operating services under contract with the Authority.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.


AGENCY UMBRELLA UNIT NUMBER: 94-457
AGENCY NAME: Finance Authority of Maine

CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, 5 Community Drive, PO Box 949, Augusta, Maine 04332-0949. Tel: (207) 623-3263.

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: Chapter 318, Wells and Plymouth Waste Oil Clean-up Program, Amendment 1 (Final Rule Amendment adopted by regular rulemaking at the July 20, 2000 meeting of the FAME Board of Directors);

EXPECTED 2000-2001 RULE-MAKING ACTIVITY:

CHAPTER 1: Bylaws and Administration of the Finance Authority of Maine.
STATUTORY AUTHORITY: 10 MRSA § 969-A (14); 5 MRSA §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: June 2000;
Adoption Date: August 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 § 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 2000;
Public Hearing: December 2000; Adoption Date: January 2001
AFFECTED PARTIES: Maine businesses that 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 § 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 2000; Public Hearing: December 2000; Adoption Date: January 2001
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 § 969-A (14); 10 MRSA § 1021 et seq.; 10 MRSA §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 2001;
Public Hearing: March 2001; Adoption Date: April 2001.
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 § 969-A (14); 10 MRSA §1021 et seq.; 10 MRSA § 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 2001; Public Hearing: March 2001; Adoption Date: April 2001
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 § 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 2001; Public Hearing: May 2001; Adoption Date: June 2001.
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 § 969-A (14); 10 MRSA § 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 2001; Public Hearing: February 2001; Adoption Date: March 2001.
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 § 969-A (14); 10 MRSA § 1044; 10 MRSA
§ 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 2001;
Public Hearing: February 2001; Adoption Date: March 2001.
AFFECTED PARTIES: Maine Businesses 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 §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: January 2001;
Public Hearing: February 2001; Adoption Date: March 2001.
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 301: Maine Job-Start Program
STATUTORY AUTHORITY: 10 MRSA § 969-A (14); 10 MRSA § 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 2001; Public Hearing: June 2001; Adoption Date: July 2001.
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 § 969-A (14); 10 MRSA § 1023-D(3); 10 MRSA
§ 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 2001; Public Hearing: June 2001; Adoption Date: July 2001.
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 § 969-A (14); 10 MRSA § 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: June 2000; Public Hearing: July 2000; Adoption Date: August 2000.
AFFECTED PARTIES: Maine businesses and Venture Capital Funds 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 § 969-A (14); 10 MRSA § 1023-E(3); 10 MRSA
§ 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 2001; Public Hearing: June 2001; Adoption Date: July 2001.
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 § 969-A (14); 10 MRSA § 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 2001; Public Hearing: June 2001; Adoption Date: July 2001.
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 § 969-A (14); 10 MRSA § 1026-J.
PURPOSE: To amend the rule as necessary to implement legislative changes and provide for the efficient administration of the program to better assist eligible borrowers.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: June 2000; Public Hearing: July 2000; Adoption Date: August 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 § 969-A (14); Federal: 7 U.S.C. 2007(a).
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 2001; Public Hearing: June 2001; Adoption Date: July 2001.
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 § 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 2000; Public Hearing: November 2000; Adoption Date: December 2000.
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 § 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 2000; Public Hearing: December 2000; Adoption Date: January 2001.
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 316: CLEAN FUEL VEHICLE PROGRAM This is the version used for the Emergency Adoption.
STATUTORY AUTHORITY: 10 MRSA Section 961
PURPOSE: This rule establishes the procedures and standards applicable to borrowers and financial institutions participating in the Authority's statewide program for making or insuring loans to finance the acquisition or lease of clean fuel vehicles or related components or facilities.
ANTICIPATED SCHEDULE: Approved for Rulemaking by FAME Board: June 2001, Public Hearing: July 2001, Adoption Date: August 2001 AFFECTED PARTIES: Those seeking to implement clean vehicle programs will receive the economic benefit of low interest financing.
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 § 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 § 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: Approval for Rulemaking by FAME Board: June 2001; Public Hearing: July 2001; Adoption Date: August 2001
AFFECTED PARTIES: Any 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 and Plymouth Waste Oil Clean-up Program.
STATUTORY AUTHORITY: 10 MRSA § 969 (14); P.L. 1999; Ch. 505
PURPOSE: This rule amendment implements new legislation and 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 Sites in Wells and Plymouth, Maine.
ANTICIPATED SCHEDULE: Approval for Rulemaking: May 2000; Adoption Date: July 2000.
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 and Plymouth Waste Oil Disposal Sites.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.

CHAPTER 319: Maine Economic Development Venture Capital Revolving Investment Program
STATUTORY AUTHORITY: 10 MRSA § 969-A (14); 10 MRSA § 1026-N
Purpose: To make necessary adjustments to the Maine Economic Development Venture Capital Revolving Investment program to insure its efficient administration.
ANTICIPATED SCHEDULE: Approval for Rulemaking: June 2000, Public hearing: July 2000; Adopted: August, 2000.
AFFECTED PARTIES: Venture Capital Funds and early stage businesses may be benefited by the amendment.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ concensus-based rule development.

CHAPTER 601: Maine Student Incentive Scholarship Program.
STATUTORY AUTHORITY: 10 MRSA § 969-A (14); 20-A MRSA § 11613.
PURPOSE: To make necessary adjustments to the Maine Student Incentive Scholarship Program to insure its efficient administration.
ANTICIPATED SCHEDULE: Approval for Rulemaking: March 2001; Public Hearing: April 2001; Adopted: May 2001.
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 § 969-A (14); 20-A MRSA § 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: June 2000;
Public Hearing: July 2000; Adoption Date: August 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 605: Robert C. Byrd Honors Scholarship Program.
STATUTORY AUTHORITY: State Authority - 10 MRSA § 969-A and 10 MRSA § 1013;
Federal Authority -20 U.S.C. 1070 d-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 2001; No Public Hearing Proposed; Adoption Date: June 2001.
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 607: Access to Medical Education and Health Professions Loan Program.
STATUTORY AUTHORITY: 10 MRSA § 969-A (14); 20-A MRSA § 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: June 2001; Public Hearing: July 2001; Adoption Date: August 2001.
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 § 969-A (14); 20-A MRSA § 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: June 2000; Public Hearing: Proposed; Adoption Date: August 2000.
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 "Educators for Maine"
STATUTORY AUTHORITY: 10 MRSA § 969-A (14); 20-A MRSA § 12501.
PURPOSE: To provide for the implementation and administration of the Educators for Maine Program.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: June 2000; Public Hearing: July 2000; Adoption Date: August 2000.
AFFECTED PARTIES: Students evidencing an interest in becoming teachers, or speech pathologists, or child care providers 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 §969-A(14); 20-A MRSA §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 2001; Public Hearing: April 2001; Adoption Date: May 2001.
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.

CHAPTER 612: Maine Dental Education Loan Program.
STATUTORY AUTHORITY: 20-A MRSA § 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: Approval for Rulemaking by FAME Board: October 2000; Public Hearing: November 2000; Adoption Date: December 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 § 969-A (14), 20-A MRSA § 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: June 2000, Public Hearing: July 2000; Adoption Date: August 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.

NEW RULE: Capital Access Program.
STATUTORY AUTHORITY: P.L. 1994, Ch. 722; 10 MRSA § 1026-L; 10 MRSA § 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 2001; Public Hearing: March 2001; Adoption Date: April 2001.
AFFECTED PARTIES: Start-up businesses with sales of less than $5,000,000 and participating banks.
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 § 385.
PURPOSE: Establish the procedures and standards applicable to the Small Enterprise Growth Program, a statewide program which provides funding of up to $500,000 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 2001; Public Hearing: May 2001; Adoption Date: June 2001.
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.

CHAPTER 801: Northern Maine Transmission Corporation.
NEW RULE: Northern Maine Transmission Corporation-By-Laws and Operating Procedures
STATUTORY AUTHORITY: 10 MRSA § 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 2001; Public Hearing: March 2001; Adopting Date: April 2001.
CONSENSUS-BASED RULE DEVELOPMENT: The Authority does not intend to employ consensus-based rule development.


AGENCY UMBRELLA UNIT NUMBER: 94-178
AGENCY NAME: Adaptive Equipment Loan Fund Program Board

CONTACT PERSON: Christopher H. Roney, Counsel to the AELP Board, c/o Finance Authority of Maine, 5 Community Drive, PO Box 949, Augusta, Maine 04332-0949. Tel: (207) 623-3263.

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: NONE

EXPECTED 2000-2001 RULE-MAKING ACTIVITY:

CHAPTER 501: Adaptive Equipment Loan Program Fund Board Rule.
STATUTORY AUTHORITY: 10 MRSA § 374(4), et seq.; 5 MRSA § 8051, 5 MRSA
§ 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 2001; Public Hearing: March 2001; Adoption Date: May 2001.
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 § 374(4), et seq.; 5 MRSA § 8051, 5 MRSA § 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 2001; Public Hearing: March 2001; Adoption Date: April 2001.
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.


AGENCY UMBRELLA-UNIT: 99-330
AGENCY NAME: Maine Potato Board

CONTACT PERSON: Michael P. Corey, Maine Potato Board, 744 Main Street, Suite 1, Presque Isle, ME 04769

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

The board has no rulemaking plans.


AGENCY UMBRELLA-UNIT NUMBER: 99-346
AGENCY NAME: 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:

CHAPTER 24: Home Energy Assistance Program Rule
STATUTORY AUTHORITY: 30-A MRSA §§ 4741(1) and (15), 4722(1)(W), 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).
AFFECTED PARTIES: Community action program agencies, tenants, homebuyers, oil dealers and public utility companies.

RULES MAY PROPOSE BEFORE JULY, 2001:

CHAPTER 1: Home Mortgage Program Rule
STATUTORY AUTHORITY: 30-A MRSA § 4741(1)
PURPOSE: This rule sets forth the basic criteria for determining eligible borrowers and the terms governing the Maine State Housing Authority's purchase and servicing of loans to eligible borrowers generated by participating lenders.
ANTICIPATED SCHEDULE: Prior to July, 2001, 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 § 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, 2001, 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 § 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, 2001, as necessary.
AFFECTED PARTIES: Homeowners and lenders.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 5: Energy Cost and Utility Allowance Determinations
STATUTORY AUTHORITY: 30-A MRSA § 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, 2001, as necessary.
AFFECTED PARTIES: Tenants and landlords.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 7: Indian Housing Mortgage Insurance Program Rule
STATUTORY AUTHORITY: 30-A MRSA §§ 4741(1), 4936
PURPOSE: The Rule sets forth eligibility standards and application, closing, default, and insurance claim procedures.
ANTICIPATED SCHEDULE: Prior to July, 2001, as necessary.
AFFECTED PARTIES: Indians residing on reservations and lenders.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 12: Residential Property Municipal Securities Approval Rule
STATUTORY AUTHORITY: 30-A MRSA §§ 4741(1), 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, 2001, 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 §§ 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 carryforward designations.
ANTICIPATED SCHEDULE: Prior to July, 2001, as necessary.
AFFECTED PARTIES: Developers, homebuyers and other issuers.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 14: Single Family Housing Preservation Loan Program
STATUTORY AUTHORITY: 30-A MRSA § 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, 2001, 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 16: Allocation of State Ceiling for Low-income Housing Tax Credit
STATUTORY AUTHORITY: 30-A MRSA §§ 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, 2001, 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 §§ 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, 2001, 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 § 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, 2001, as necessary.
AFFECTED PARTIES: Persons who are homeless and shelter operators.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 21: Land Acquisition/Improvement and Housing Opportunity Zones Program
STATUTORY AUTHORITY: 30-A MRSA §§ 4741(1), 5013, 5024, 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, 2001, as necessary.
AFFECTED PARTIES: Potential homeowners, municipalities and nonprofit housing corporations.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 24: Home Energy Assistance Program Rule
STATUTORY AUTHORITY: 30-A MRSA §§ 4741(1) and (15), 4722(1)(W), 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, 2001, as necessary.
AFFECTED PARTIES: Community action program agencies, tenants, homebuyers, oil dealers and public utility companies.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 25: Weatherization Program Rule
STATUTORY AUTHORITY: 30-A MRSA §§ 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, 2001, as necessary.
AFFECTED PARTIES: Community action program agencies, technical colleges, homeowners and tenants.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.

CHAPTER 27: Ownership Transfers
STATUTORY AUTHORITY: 30-A MRSA § 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 Authority's financing to be retained after the ownership transfer. ANTICIPATED SCHEDULE: Prior to July, 2001, 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 § 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, 2001.
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.

CHAPTER 29: Multi-family Development and Supportive Housing Loans and Grants
STATUTORY AUTHORITY: 30-A MRSA §§ 4741(1) and 4722(1)
PURPOSE: This rule governs MSHA's allocation of resources for loan and grant programs for the acquisition, construction, rehabilitation, and preservation of residential rental housing for low income persons and for housing for low income persons with supportive service needs, the publication and distribution of program guides, eligibility standards, loan and grant standards, construction and rehabilitation requirements, management requirements, and potential selection criteria in connection with such programs.
ANTICIPATED SCHEDULE: Prior to July, 2001.
AFFECTED PARTIES: Tenants, landlords, developers, local housing authorities, lenders, contractors, architects, municipal community development offices, homeowners, Department of Mental Health and Mental Retardation, and mental health service providers.
PLAN TO USE CONSENSUS-BASED RULE DEVELOPMENT: No.


AGENCY UMBRELLA NUMBER: 99-420
AGENCY NAME: 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:

CHAPTER 1: CMR 1.11: Rule Governing the Use of the Turnpike: Overlimit Permits (Amendment)
RULE CHANGE: The Turnpike now issues overlimit permits for vehicles of up to 14'6" in width. Also, some "housekeeping" changes were made.

EXPECTED 2000-2001 RULE MAKING ACTIVITY:

CHAPTER 1: CMR 1.1: Rules Governing the Use of the Turnpike: Speed Limits. (Amendment)
STATUTORY AUTHORITY: 23 MRSA Sec. 1965(1)(C), 1973(2), 1980
PURPOSE: Any speed limit changes that are required by Federal Laws or regulatory agencies or by changes in state DOT designation or related demographic classifications, or other Maine Turnpike speed limit changes, including the speed limit on travel through toll plaza areas.
ANTICIPATED SCHEDULE: This rule change 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 commercial vehicles operated by Maine residents and residents of other states and provinces.

(The following amendment to the Agenda was filed on January 18, 2001:)
CHAPTER 1: CMR 1.1: Rules Governing the Use of the Turnpike: Speed Limits. (Amendment)
STATUTORY AUTHORITY: 23 MRSA Sec. 1965(1)(C), 1973(2), 1980
PURPOSE: To establish speed limits in toll booth areas because of high vehicular traffic in such areas as well as high pedestrian traffic involving Maine Turnpike employees, State Police officers, contractors and others.
ANTICIPATED SCHEDULE: This rule will be proposed for adoption in January, 2001, and a public hearing held and comment period allowed in accordance with the Maine Administrative Procedure Act. Final adoption is proposed for March, 2001.
AFFECTED PARTIES: This regulation would benefit all travelers by improving safety in all toll booth areas.

CHAPTER 1: CMR 1.3: Rules Governing the Use of the Turnpike: Keep Right - Pass on Left Only (Amendment)
STATUTORY AUTHORITY: 23 MRSA Sec. 1965(1)(C) and 1980
PURPOSE: To delete this rule.
ANTICIPATED SCHEDULE: This rule change may or may not be pursued in the next 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 commercial vehicles operated by Maine residents and residents of other states and provinces.

(The following amendment to the Agenda was filed on January 18, 2001:)
CHAPTER 1: CMR 1.3: Rules Governing the Use of the Turnpike: Pass on Left Only (Amendment)
STATUTORY AUTHORITY: 23 MRSA Sec. 1965(1)(C) and 1980
PURPOSE: To allow the MTA to eliminate the requirement for passing on the left and permit passing on the right under certain conditions as allowed under current state law for other Maine highways.
ANTICIPATED SCHEDULE: This rule will be proposed for adoption in January, 2001, and a public hearing held and comment period allowed in accordance with the Maine Administrative Procedure Act. Final adoption is proposed for March, 2001.
AFFECTED PARTIES: This regulation would benefit all travelers by improving the safety of the highway and, with respect to passing, establish a uniform rule of the road in Maine.

CHAPTER 1: CMR 1.3: Rules Governing the Use of the Turnpike: Keep Right- Pass on the Left Only (Amendment)
STATUTORY AUTHORITY: 23 MRSA Sec. 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 pursued in 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 Sec. 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 Sec. 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 note 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 Rules Governing the Use of the Turnpike: Towing
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 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.
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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