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02-041
Department of Professional and Financial Regulation
Office of Licensing and Registration

2003-2004 Regulatory Agenda


Office of Licensing and Registration - General
Charitable Solicitation Registration
Interpreters and Transliterators of American Sign Language and English
Massage Therapists
Athletic Trainers
Transient Sales Registration


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

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

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2003-2004 RULE-MAKING ACTIVITY:

CHAPTER 10: Establishment of License Fees (amendment)
STATUTORY AUTHORITY: 10 MRSA §8003(2-A)(D)
PURPOSE: Establishment of license and related fees for OLR programs. OLR amends the fee amounts contained in this rule on an ongoing basis. 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: Variable.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 11: Late Renewals
STATUTORY AUTHORITY: 10 MRSA §8003(2-A)(E)
Amendment of rule as necessary in light of experience.
ANTICIPATED SCHEDULE: Variable.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 13: Uniform Procedure for Substantiating Continuing Education Requirements
STATUTORY AUTHORITY: 10 MRSA §8003(2-A)(E)
PURPOSE: Amendment of rule as necessary in light of experience. (Rule was adopted in August, 2003)
ANTICIPATED SCHEDULE: Variable.
AFFECTED PARTIES: Licensees, board staff, board members.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

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: Variable.
AFFECTED PARTIES: Complainant, licensees, board staff, board members.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

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: Variable.
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.

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.
ANTICIPATED SCHEDULE: Variable.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

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: Variable.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.


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

CONTACT PERSON: Elaine Thibodeau, Program Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333, tel. 207/624-8617.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2003 - 2004 RULE-MAKING ACTIVITY:

CHAPTER 1: Registration Statements and Financial Reports Made Pursuant to The Maine Charitable Solicitations Act
STATUTORY AUTHORITY: 9 MRSA §5005(3)
PURPOSE: Rewrite of rules to reflect anticipated amendments to the Charitable Solicitations Act (9 MRSA §5001 et seq.), intended to distinguish more clearly among categories of registrants, enable cross-validation of data required, and strengthen consumer-protections pursuant to a recent landmark United States Supreme Court decision ("Madigan v. Telemarketing Associates, Inc.").
ANTICIPATED SCHEDULE: Summer 2004.
AFFECTED PARTIES: Registrants and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated; however, proposed regulatory changes are likely to comport with any model proposed by the National Association of State Charity Officials.


AGENCY UMBRELLA-UNIT NUMBER: 02-041
AGENCY NAME: Department of Professional and Financial Regulation, Office of Licensing & Registration, Interpreters and Transliterators of American Sign Language and English

CONTACT PERSON: Elaine Thibodeau, Program Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333, tel. 207/624-8617.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2003 - 2004 RULE-MAKING ACTIVITY:

CHAPTER 50: Definitions
STATUTORY AUTHORITY: 32 MRSA §1522(1)
PURPOSE: Possible amendments to the definitions contained in this chapter as the program evolves.
ANTICIPATED SCHEDULE: Summer 2004.
AFFECTED PARTIES: Interpreters and Transliterators of American Sign Language and English and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not as per 5 MRSA §8051-B, but through the advisory council established pursuant to 32 MRSA §1522(4).

CHAPTER 51: Requirements for Initial Licensure
STATUTORY AUTHORITY: 32 MRSA §1522(1)
PURPOSE: Changes to the criteria for the initial licensure of interpreters and transliterators and the application process to reflect possible legislation amending 32 MRSA §1524 and 1524-A to permit applicants to qualify for licensure by demonstrating a score of 3.5 or higher on the Educational Interpreter Performance Assessment. (This would be contingent upon any action taken by the Joint Standing Committee on Business, Research, and Economic Development pursuant to the recommendations submitted in the Department's 2003 "Report on Interpreters for the Deaf and Hard-of-Hearing Program.")
ANTICIPATED SCHEDULE: Summer 2004.
AFFECTED PARTIES: Interpreters and Transliterators of American Sign Language and English and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not as per 5 MRSA §8051-B, but through the advisory council established pursuant to 32 MRSA §1522(4).

CHAPTER 52: License Renewal and Continuing Education
STATUTORY AUTHORITY: 32 MRSA §1522(1)
PURPOSE: Possible changes to the continuing education requirements and the license renewal process as the program evolves.
ANTICIPATED SCHEDULE: Summer 2004.
AFFECTED PARTIES: Interpreters and Transliterators of American Sign Language and English and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not as per 5 MRSA §8051-B, but through the advisory council established pursuant to 32 MRSA §1522(4).

CHAPTER 53: Conversion of Registrants to Licensees
STATUTORY AUTHORITY: 32 MRSA §1522(1)
PURPOSE: Upon completion of the transition process from registration to licensure for persons previously registered as Limited Interpreters/Transliterators and Limited Deaf Interpreters in Maine, elimination of the chapter in its entirety.
ANTICIPATED SCHEDULE: Summer 2004.
AFFECTED PARTIES: Interpreters and Transliterators of American Sign Language and English and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not as per 5 MRSA §8051-B, but through the advisory council established pursuant to 32 MRSA §1522(4).

CHAPTER 54: Disclosure Statement
STATUTORY AUTHORITY: 32 MRSA §1522(1)
PURPOSE: Changes to reflect possible legislation amending 32 MRSA §1531 to delete the reference to "training and experience" that currently is required in the Disclosure Statement. (This would be contingent upon any action taken by the Joint Standing Committee on Business, Research, and Economic Development pursuant to the recommendations submitted in the Department's 2003 "Report on Interpreters for the Deaf and Hard-of-Hearing Program.")
ANTICIPATED SCHEDULE: Summer 2004.
AFFECTED PARTIES: Interpreters and Transliterators of American Sign Language and English and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not as per 5 MRSA §8051-B, but through the advisory council established pursuant to 32 MRSA §1522(4).

CHAPTER 55: Complaints and Investigations
STATUTORY AUTHORITY: 32 MRSA §1522(1)
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: Summer 2004.
AFFECTED PARTIES: Interpreters and Transliterators of American Sign Language and English and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not as per 5 MRSA §8051-B, but through the advisory council established pursuant to 32 MRSA §1522(4).

Appendix
STATUTORY AUTHORITY: 32 MRSA §1522(1)
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: Summer 2004.
AFFECTED PARTIES: Interpreters and Transliterators of American Sign Language and English and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not as per 5 MRSA §8051-B, but through the advisory council established pursuant to 32 MRSA §1522(4).


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

CONTACT PERSON: Elaine Thibodeau, Program Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333, tel. 207/624-8617.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2003 - 2004 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: Summer 2004.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not as per 5 MRSA §8051-B, but through the advisory council established pursuant to 32 MRSA §14302(7).

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: Summer 2004.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not as per 5 MRSA §8051-B, but through the advisory council established pursuant to 32 MRSA §14302(7).

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: Summer 2004.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not as per 5 MRSA §8051-B, but through the advisory council established pursuant to 32 MRSA §14302(7).

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: Summer 2004.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not as per 5 MRSA §8051-B, but through the advisory council established pursuant to 32 MRSA §14302(7).


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

CONTACT PERSON: Elaine Thibodeau, Program Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333, tel. 207/624-8617.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2003 - 2004 RULE-MAKING ACTIVITY: None


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

CONTACT PERSON: Elaine Thibodeau, Program Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333, tel. 207/624-8617.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2003 - 2004 RULE-MAKING ACTIVITY: None


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