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02-041
Office of Licensing and Registration
2002-2003 Regulatory Agenda

AGENCY UMBRELLA-UNIT NUMBER: 02-041
AGENCY NAME: Department of Professional and Financial Regulation, Office of Licensing & Registration

CONTACT PERSON: Jeffrey Frankel, Staff Attorney, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333-0035, tel. 207-624-8615

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None


General
Athletic Trainers Registration
Charitable Solicitation Registration
Interpreters and Transliterators of American Sign Language and English
Massage Therapists Registration


General

EXPECTED 2002-2003 RULE-MAKING ACTIVITY:

CHAPTER 10: Establishment of License Fees
STATUTORY AUTHORITY: 10 MRSA §8003(2-A)(D)
PURPOSE: Establishment of license and related fees for OLR programs. As OLR establishes fees for additional boards, the affected boards will most likely repeal their own fee rules the next time they initiate rulemaking for other purposes.
ANTICIPATED SCHEDULE: By October, 2003.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 11: Late Renewals
STATUTORY AUTHORITY: 10 MRSA §8003(2-A)(E)
Change to uniform fee for late license renewal, or related provisions, as may be necessitated by experience.
ANTICIPATED SCHEDULE: By October, 2003.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

NEW RULE: CHAPTER xx, Uniform Complaint Procedure
STATUTORY AUTHORITY: 10 MRSA §8003(2-A)(E)
PURPOSE: Establishment of a uniform complaint procedure for all the OLR programs.
ANTICIPATED SCHEDULE: By October, 2003.
AFFECTED PARTIES: Complainant, licensees, board staff, board members.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

NEW RULE: CHAPTER xx, Uniform Policy on Protested Checks
STATUTORY AUTHORITY: 10 MRSA §8003(2-A)(E)
PURPOSE: Establishment of a uniform policy for all OLR programs regarding bounced checks.
ANTICIPATED SCHEDULE: By October, 2003.
AFFECTED PARTIES: Licensees whose license checks are returned unpaid for insufficient funds or other reasons, OLR and board staff
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

NEW RULE: CHAPTER xx, Uniform Procedure for Substantiating Continuing Education Requirements
STATUTORY AUTHORITY: 10 MRSA §8003(2-A)(E)
PURPOSE: Move to pre-approval, audit system, or some combination of the two for substantiation of continuing education by OLR programs.
ANTICIPATED SCHEDULE: By October, 2003.
AFFECTED PARTIES: Licensees, board staff, board members.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

NEW RULE: CHAPTER xx, Continuing Education Hardship Deferments
STATUTORY AUTHORITY: PL 2001, c. 285
PURPOSE: Deferment of continuing education requirement for license renewal due to undue hardship. Will likely be included in Uniform Procedure for Substantiating Continuing Education Requirements.
ANTICIPATED SCHEDULE: By October, 2003.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

NEW RULE: CHAPTER xx, No specific title - see description of purpose below
STATUTORY AUTHORITY: 10 MRSA §8003(2-A)(E)
PURPOSE: "To establish by rule, such processes and procedures necessary to administer the various boards, commissions and regulatory functions of the office…"
ANTICIPATED SCHEDULE: None.
AFFECTED PARTIES: By October, 2003.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.


Athletic Trainers Registration

EXPECTED 2002 - 2003 RULE-MAKING ACTIVITY: None


Charitable Solicitation Registration

EXPECTED 2002 - 2003 RULE-MAKING ACTIVITY:

CHAPTER 1: Registration Statements and Financial Reports Pursuant to Maine Charitable Solicitations Act
STATUTORY AUTHORITY: 9 MRSA §5005(3)
PURPOSE: Possible changes to accounting and reporting requirements as the program evolves.
ANTICIPATED SCHEDULE: Possibly 2003.
AFFECTED PARTIES: Registrants and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.


Interpreters and Transliterators of American Sign Language and English

EXPECTED 2002 - 2003 RULE-MAKING ACTIVITY:

CHAPTER 50: Definitions
STATUTORY AUTHORITY: 32 MRSA §1522
PURPOSE: Possible amendments to the definitions contained in this chapter as the program evolves.
ANTICIPATED SCHEDULE: Possibly 2003.
AFFECTED PARTIES: Interpreters and Transliterators of American Sign Language and English and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 51: Requirements for Initial Licensure
STATUTORY AUTHORITY: 32 MRSA §1522
PURPOSE: Possible changes to the criteria for the initial licensure of interpreters and transliterators and the application process as the program evolves.
ANTICIPATED SCHEDULE: Possibly 2003.
AFFECTED PARTIES: Interpreters and Transliterators of American Sign Language and English and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 52: License Renewal and Contining Education
STATUTORY AUTHORITY: 32 MRSA §1522
PURPOSE: Possible changes to the continuing education requirements and the license renewal process as the program evolves.
ANTICIPATED SCHEDULE: Possibly 2003.
AFFECTED PARTIES: Interpreters and Transliterators of American Sign Language and English and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 53: Conversion of Registratants to Licensees
STATUTORY AUTHORITY: 32 MRSA §1522
PURPOSE: Possible changes, as the program evolves, to the transition process from registration to licensure for persons previously registered as interpreters/transliterators and deaf interpreters in Maine.
ANTICIPATED SCHEDULE: Possibly 2003.
AFFECTED PARTIES: Interpreters and Transliterators of American Sign Language and English and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 54: Disclosure Statements
STATUTORY AUTHORITY: 32 MRSA §1522
PURPOSE: Possible changes, as the program evolves, to the statutory disclosure to be furnished by interpreters/transliterators and deaf interpreters to consumers and clients.
ANTICIPATED SCHEDULE: Possibly 2003.
AFFECTED PARTIES: Interpreters and Transliterators of American Sign Language and English and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 55: Complaints and Investigations
STATUTORY AUTHORITY: 32 MRSA §1522
PURPOSE: Possible changes, as the program evolves, to the procedure by which complaints will be handled by the Office of Licensing and Registration.
ANTICIPATED SCHEDULE: Possibly 2003.
AFFECTED PARTIES: Interpreters and Transliterators of American Sign Language and English and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

Appendix
STATUTORY AUTHORITY: 32 MRSA §1522
PURPOSE: Possible changes to the appendix containing a partial listing of resources available to interpreters and transliterators in Maine if the program rules are otherwise amended.
ANTICIPATED SCHEDULE: Possibly 2003.
AFFECTED PARTIES: Interpreters and Transliterators of American Sign Language and English and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.


Massage Therapists Registration

EXPECTED 2002 - 2003 RULE-MAKING ACTIVITY:

CHAPTER 100: Definitions
STATUTORY AUTHORITY: 32 MRSA § 14302(2)
PURPOSE: Possible amendments to the definitions contained in this chapter as the program evolves.
ANTICIPATED SCHEDULE: Possibly 2003.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 200: General Information
STATUTORY AUTHORITY: 32 MRSA § 14302(2)
PURPOSE: Possible amendments to the general information contained in this chapter as the program evolves.
ANTICIPATED SCHEDULE: Possibly 2003.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 300: Licensure/Registration Requirements
STATUTORY AUTHORITY: 32 MRSA § 14302(2)
PURPOSE: Possible amendments to the requirements for initial and renewal licensure as the program evolves.
ANTICIPATED SCHEDULE: Possibly 2003.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 400: Complaints and Investigations
STATUTORY AUTHORITY: 32 MRSA § 14302(2)
PURPOSE: Possible amendments to the complaint and investigations provisions as the program evolves.
ANTICIPATED SCHEDULE: Possibly 2003.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.


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