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

2004-2005 Regulatory Agenda


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


AGENCY UMBRELLA-UNIT NUMBER: 02-241
AGENCY NAME: Department of Professional & Financial Regulation, Office of Licensing & Registration

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, ME 04333, tel. (207) 624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

EXPECTED 2004-2005 RULE-MAKING ACTIVITY:

CHAPTER 10: Establishment of License Fees (amendment)
STATUTORY AUTHORITY: 10 M.R.S.A. §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 M.R.S.A. §8003(2-A)(D)
PURPOSE: Amendment of rule as necessary in light of experience.
ANTICIPATED SCHEDULE: Variable.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

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

CHAPTER xx: Uniform Complaint Procedures
STATUTORY AUTHORITY: 10 M.R.S.A. §8003(2-A)(D)
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 M.R.S.A. §8003(2-A)(D)
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: 10 M.R.S.A. §8003(2-A)(D)
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 M.R.S.A. §8003(2-A)(D)
PURPOSE: "To establish by rule, such processes and procedures necessary to administer the various boards, commissions and regulatory functions of the office…"
ANTICIPATED SCHEDULE: Variable.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.


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 2004-2005 RULE-MAKING ACTIVITY: None


Charitable Solicitation

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 2004-2005 RULE-MAKING ACTIVITY:

CHAPTER 1: Registration Statements and Financial Reports Made Pursuant to The Maine Charitable Solicitations Act
STATUTORY AUTHORITY: 9 M.R.S.A. §5005(3)
PURPOSE: Rewrite of rules to implement amendments to the Charitable Solicitations Act (9 M.R.S.A. §5001 et seq.) created through the enactment of LD 1691 as Chapter 541, "An Act to Strengthen the Charitable Solicitations Act." The new law will prohibit registered entities from contracting with unregistered entities, distinguish more clearly among categories of registrants, align reporting dates and content, facilitate cross-validation of financial data, strengthen disclosure requirements, and empower the agency to impose discipline for violations.
ANTICIPATED SCHEDULE: Fall 2004.
AFFECTED PARTIES: Registrants and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.


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 2004-2005 RULE-MAKING ACTIVITY:

CHAPTER 50: Definitions
STATUTORY AUTHORITY: 32 M.R.S.A. §1522(1)
PURPOSE: Possible amendments to the definitions contained in this chapter as the program evolves.
ANTICIPATED SCHEDULE: Fall 2005.
AFFECTED PARTIES: Interpreters and Transliterators of American Sign Language and English and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not as per 5 M.R.S.A. §8051-B, but through the advisory council established pursuant to 32 M.R.S.A. §1522(4).

CHAPTER 51: Requirements for Initial Licensure
STATUTORY AUTHORITY: 32 M.R.S.A. §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 M.R.S.A. §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: Fall 2005.
AFFECTED PARTIES: Interpreters and Transliterators of American Sign Language and English and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not as per 5 M.R.S.A. §8051-B, but through the advisory council established pursuant to 32 M.R.S.A. §1522(4).

CHAPTER 52: License Renewal and Continuing Education
STATUTORY AUTHORITY: 32 M.R.S.A. §1522(1)
PURPOSE: Changes to accommodate 32 M.R.S.A. §59-B pertaining to Hardship Deferments.
ANTICIPATED SCHEDULE: Fall 2005.
AFFECTED PARTIES: Interpreters and Transliterators of American Sign Language and English and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not as per 5 M.R.S.A. §8051-B, but through the advisory council established pursuant to 32 M.R.S.A. §1522(4).

CHAPTER 53: Conversion of Registrants to Licensees
STATUTORY AUTHORITY: 32 M.R.S.A. §1522(1)
PURPOSE: Pursuant to completion of the transition from registration to licensure for persons previously registered as Limited Interpreters/Transliterators and Limited Deaf Interpreters in Maine, elimination of this chapter in its entirety.
ANTICIPATED SCHEDULE: Fall 2005.
AFFECTED PARTIES: Interpreters and Transliterators of American Sign Language and English and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not as per 5 M.R.S.A. §8051-B, but through the advisory council established pursuant to 32 M.R.S.A. §1522(4).

CHAPTER 54: Disclosure Statement
STATUTORY AUTHORITY: 32 M.R.S.A. §1522(1)
PURPOSE: Changes to reflect possible legislation amending 32 M.R.S.A. §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: Fall 2005.
AFFECTED PARTIES: Interpreters and Transliterators of American Sign Language and English and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not as per 5 M.R.S.A. §8051-B, but through the advisory council established pursuant to 32 M.R.S.A. §1522(4).

CHAPTER 55: Complaints and Investigations
STATUTORY AUTHORITY: 32 M.R.S.A. §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: Fall 2005
AFFECTED PARTIES: Interpreters and Transliterators of American Sign Language and English and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not as per 5 M.R.S.A. §8051-B, but through the advisory council established pursuant to 32 M.R.S.A. §1522(4).

APPENDIX
STATUTORY AUTHORITY: 32 M.R.S.A. §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: Fall 2005.
AFFECTED PARTIES: Interpreters and Transliterators of American Sign Language and English and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not as per 5 M.R.S.A. §8051-B, but through the advisory council established pursuant to 32 M.R.S.A. §1522(4).


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 2004-2005 RULE-MAKING ACTIVITY:

CHAPTER 100: Definitions
STATUTORY AUTHORITY: 32 M.R.S.A. §14302(2)
PURPOSE: Possible amendments to the definitions contained in this chapter as the program evolves.
ANTICIPATED SCHEDULE: Fall 2005.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not as per 5 M.R.S.A. §8051-B, but through the advisory council established pursuant to 32 M.R.S.A. §14302(7).

CHAPTER 200: General Information
STATUTORY AUTHORITY: 32 M.R.S.A. §14302(2)
PURPOSE: Possible amendments to the general information contained in this chapter as the program evolves.
ANTICIPATED SCHEDULE: Fall 2005.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not as per 5 M.R.S.A. §8051-B, but through the advisory council established pursuant to 32 M.R.S.A. §14302(7).

CHAPTER 300: Licensure/Registration Requirements
STATUTORY AUTHORITY: 32 M.R.S.A. §14302(2)
PURPOSE: Possible amendments to the requirements for initial and renewal licensure as the program evolves.
ANTICIPATED SCHEDULE: Fall 2005.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not as per 5 M.R.S.A. §8051-B, but through the advisory council established pursuant to 32 M.R.S.A. §14302(7).

CHAPTER 400: Complaints and Investigations
STATUTORY AUTHORITY: 32 M.R.S.A. §14302(2)
PURPOSE: Possible amendments to the complaint and investigations provisions as the program evolves.
ANTICIPATED SCHEDULE: Fall 2005.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not as per 5 M.R.S.A. §8051-B, but through the advisory council established pursuant to 32 M.R.S.A. §14302(7).


Transient Sales

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 2004-2005 RULE-MAKING ACTIVITY: None


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