Office of the Maine Attorney General
UMBRELLA-UNIT NUMBER: 26-239
AGENCY NAME: Office of the Attorney General
PERSON: Charles Dow, Special Assistant Attorney General, 6 State
House Station, Augusta, ME 04333-0006. Tel: (207) 626-8577
RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None
2002-2003 RULE-MAKING ACTIVITY:
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
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.
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.
other Board, Unit or Division of the Attorney General's Office has any
current plan for rulemaking prior to the next regulatory agenda due
of the Secretary of State