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90-564 - Fund Insurance Review Board
2001-2002 Regulatory Agenda

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 2001-2002 RULE-MAKING ACTIVITY:

CHAPTER 3: Appeals Procedures
STATUTORY AUTHORITY: 38 M.R.S.A. 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, 2002.
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 M.R.S.A. 568-B(2)(D) and 569-A(5)(E)
PURPOSE: Chapter 4 will be amended to make it conform to recent legislation, P.L. 2001, c. 216, 3 (eff. 9/21/01), which amended 38 M.R.S.A. 569-A(5)(E) to increase both the minimum balance required in the Ground Water Oil Clean-up Fund before the Fund Insurance Review Board may implement rules increasing oil import fees, and the amount of the additional fee per barrel that may be assessed. The legislation also increases the amount of the fund balance required to terminate any increased fee.
ANTICIPATED SCHEDULE: Notice of the proposed amendments to Chapter 4 rule were published on September 26, 2001. No hearing has been scheduled and comments on the proposed amendments are due by October 26, 2001. The Fund Insurance Review Board is scheduled to consider any comments filed on November 13, 2001, and will act promptly thereafter.
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 M.R.S.A. 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, 2002.
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 M.R.S.A. 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, 2002.
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.



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