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Office of the Maine Attorney General

2002-2003 Regulatory Agenda

AGENCY UMBRELLA-UNIT NUMBER: 26-239
AGENCY NAME: Office of the Attorney General

CONTACT PERSON: Charles Dow, Special Assistant Attorney General, 6 State House Station, Augusta, ME 04333-0006. Tel: (207) 626-8577

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2002-2003 RULE-MAKING ACTIVITY:

Public Protection Division:

CHAPTER 107: Unfair Trade Practice Rules
STATUTORY AUTHORITY: 5 M.R.S.A. § 207(2) (The Maine Unfair Trade Practices Act) and 10 M.R.S.A. § 1169(3) (Maine Lemon Law Arbitration)
PURPOSE: The Office of the Attorney General expects to promulgate comprehensive rules describing various business transactions that represent prima facie evidence of an unfair trade practice. The Office expects that these rules will deal with the following areas:
1. False and deceptive advertising in the sale of consumer products and services, such as motor vehicles and furniture;
2. Deceptive pricing;
3. General misrepresentations and failure by a seller to inform the consumer of a material fact concerning the consumer transaction;
4. Participating in an illegal pyramid scheme;
5. Motor vehicle sale regulations, including misrepresenting any finance yield spread that benefits the seller;
6. Telephone home solicitations sales;
7. Sale of home heating fuel;
8. Landlord-tenant practice, including dangerous lead paint;
9. Home construction and repairs;
10. Lemon Law procedures (10 M.R.S.A. § 1169(3));
11. Lead paint disclosures and warnings; and
12. Home construction and improvement contracts, standards, performance and warranty.
ANTICIPATED SCHEDULE: Promulgation on a priority basis over the course of the next year.
AFFECTED PARTIES: Maine consumers and businesses.
CONSENSUS-BASED RULE DEVELOPMENT: While we will certainly consult with interested parties, the Maine Unfair Trade Practices Act is a law enforcement statute and Consensus-Based Rule Development will not always be appropriate.

Criminal Division:

CHAPTER 1: Strip Searches, Mouth Searches, and Body Cavity Searches
STATUTORY AUTHORITY: 5 M.R.S.A. §200-G
PURPOSE: The Office of the Attorney General expects to promulgate rules that amend or replace existing rules governing the conduct of strip searches, mouth searches, and body cavity searches in order to make those rules more consistent with recent case law developments.
ANTICIPATED SCHEDULE: Related statutory changes will be proposed on this subject as well, which may suggest that the rulemaking process await the end of the legislative session.
AFFECTED PARTIES: Law enforcement personnel and arrestees.
CONSENSUS BASED RULE DEVELOPMENT: The Office has already discussed the need for rule changes in this area with interested parties and will continue to do so. However, these rules must reflect the current state of constitutional law and Consensus-Based Rule Development will not necessarily be appropriate.


No other Board, Unit or Division of the Attorney General's Office has any current plan for rulemaking prior to the next regulatory agenda due date.


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