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12-150 - Division for the Blind and Visually Impaired
12-152 - Bureau of Rehabilitation Services
12-168 - Bureau of Unemployment Compensation
12-170 - Bureau of Labor Standards
12-172 - Unemployment Insurance Commission
12-179 - Board of Occupational Safety and Health
12-180 - Maine Labor Relations Board
12-186 - State Board of Arbitration and Conciliation

AGENCY UMBRELLA-UNIT NUMBER: 12-172
AGENCY NAME: Department of Labor, Unemployment Insurance Commission

CONTACT PERSON: John B. Wlodkowski, Chairman, 40 Forest Falls Drive, Yarmouth, ME 04096. Tel: (207) 846-2000

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2004-2005 RULE-MAKING ACTIVITY:

CHAPTER 1: Definitions
STATUTORY AUTHORITY: Title 26 M.R.S.A. §1082(2)
PURPOSE: To revise or adopt definitions including, but not limited to, the meaning of "culpability" and "due care."
ANTICIPATED SCHEDULE: By July, 2005
AFFECTED PARTIES: Maine employers and employees.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 2: Employer Notices, Records, Contributions and Reimbursement Payments and Reports
STATUTORY AUTHORITY: Title 26 M.R.S.A. §1082(2)
PURPOSE: To revise the rule regarding the cash value of meals and lodging and timelines for magnetic filing.
ANTICIPATED SCHEDULE: By July, 2005
AFFECTED PARTIES: Maine employers and employees.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 5: Rule of Practice Governing Adjudicatory Proceedings
STATUTORY AUTHORITY: Title 26 M.R.S.A. §1082(2)
PURPOSE: To revise guidelines for the treatment of adjudication issues, including, but not limited to alternative dispute resolution, filing of appeals, discovery, hearsay, precedential nature of Commission decisions, and telephonic hearings.
ANTICIPATED SCHEDULE: By July, 2005
AFFECTED PARTIES: Maine employers and employees.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 6: Seasonal Industry Program
STATUTORY AUTHORITY: Title 26 M.R.S.A. §1082(2)
PURPOSE: To revise the rules regarding the procedures for the determination of seasonal industries and the filing of forms.
ANTICIPATED SCHEDULE: By July, 2005
AFFECTED PARTIES: Maine employers and employees.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 10: Work Search Requirements
STATUTORY AUTHORITY: Title 26 M.R.S.A. §1082(2)
PURPOSE: To revise the rule regarding work search methods and reporting.
ANTICIPATED SCHEDULE: By July, 2005
AFFECTED PARTIES: Maine employers and employees.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 19: Other Remuneration
STATUTORY AUTHORITY: Title 26 M.R.S.A. §1082(2)
PURPOSE: To provide and/or revise definitions for other remuneration and to clarify the procedure for allocating other remuneration to particular periods.
ANTICIPATED SCHEDULE: By July, 2005
AFFECTED PARTIES: Maine employers and employees.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 24: Approved Training
STATUTORY AUTHORITY: Title 26 M.R.S.A. §1082(2)
PURPOSE: To revise procedures and standards for the prior approval of training programs, individual requests for approved training, and participation requirements.
ANTICIPATED SCHEDULE: By July, 2005
AFFECTED PARTIES: Maine employers and employees.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 26: Waivers
STATUTORY AUTHORITY: Title 26 M.R.S.A. §1082(2)
PURPOSE: To revise procedures and standards relating to waiver determinations.
ANTICIPATED SCHEDULE: By July, 2005
AFFECTED PARTIES: Maine employers and employees.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

AGENCY UMBRELLA-UNIT NUMBER: 12-168
AGENCY NAME: Department of Labor, Bureau of Unemployment Compensation

CONTACT PERSON: Laura Boyett, Director, 54 State House Station, Augusta, ME 04333. Tel: (207) 287-2316

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2004-2005 RULE-MAKING ACTIVITY:

CHAPTER 11: Maine Enterprise Option Program
STATUTORY AUTHORITY: Title 26 M.R.S.A. §1197
PURPOSE: These rules govern the operation of the Maine Enterprise Option (MEO) Program. The proposed amendments would clarify the definition of "qualified business counselor," modify the conditions under which a participant could be terminated from the program by the Review Board, and clarify the maximum number of weeks of self-employment assistance allowance to which a MEO participant would be entitled.
ANTICIPATED SCHEDULE: By July, 2005
AFFECTED PARTIES: Any person who is participating in the MEO Program.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

AGENCY UMBRELLA-UNIT NUMBER: 12-170
AGENCY NAME: Department of Labor, Bureau of Labor Standards

CONTACT PERSON: William Peabody, Director, 45 State House Station, Augusta, ME 04333-0045. Tel: (207) 624-6400

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2004-2005 RULE-MAKING ACTIVITY:

CHAPTER 3: Rules Governing the Administration of the Wage Assurance Fund
STATUTORY AUTHORITY: Title 26 M.R.S.A. §632
PURPOSE: Establishes procedures to process worker claims under the Fund.
ANTICIPATED SCHEDULE: By June, 2005
AFFECTED PARTIES: Covered unpaid employees.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 4: Rules Governing Occupational Safety and Health Grants and Loans
STATUTORY AUTHORITY: Title 26 M.R.S.A. §42-A, 61 and 63
PURPOSE: Establishes procedures for grants, loans, and interest subsidies for occupational safety and health purposes.
ANTICIPATED SCHEDULE: By January, 2005
AFFECTED PARTIES: Employers eligible for loans and interest subsidies and training agencies eligible for grants.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 7: Rules Relating to Substance Abuse Testing
STATUTORY AUTHORITY: Title 26 M.R.S.A. §687
PURPOSE: The rules outline certain responsibilities for employers who choose to implement a workplace substance abuse testing program.
ANTICIPATED SCHEDULE: By January, 2005
AFFECTED PARTIES: Employers with testing programs, or who have an interest in implementing one, and their employees.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 8: Rules Regarding Workplace Health and Safety Programs for Employers with Workers' Compensation Modification Rates of Two or More
STATUTORY AUTHORITY: Title 39-A M.R.S.A. §401
PURPOSE: Establishes procedures and standards for occupational safety and health plans of certain Maine employers.
ANTICIPATED SCHEDULE: By June, 2005
AFFECTED PARTIES: Employers with a workers' compensation modification rate greater than 2.0 and their employees.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 9: Rules Governing Administrative Civil Money Penalties for Labor Law Violations
STATUTORY AUTHORITY: Title 26 M.R.S.A. §53
PURPOSE: To establish procedures to govern the Bureau's application of administrative civil money penalties.
ANTICIPATED SCHEDULE: By June, 2005
AFFECTED PARTIES: Employers found in violation of chapter 7, subchapters I through IV of Title 26.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 10: Rules Governing Employment Leave for Victims of Violence
STATUTORY AUTHORITY: Title 26 M.R.S.A. §850
PURPOSE: Defines terms in the law and to clarify the applicable work and legal situations.
ANTICIPATED SCHEDULE: By January, 2005
AFFECTED PARTIES: Workers affected by domestic violence and their employers.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 11: Rules Governing Hazardous Occupations for Minors Under the Age of Eighteen in Nonagricultural Employment
STATUTORY AUTHORITY: Title 26 M.R.S.A. §772
PURPOSE: Establishes a comprehensive list of occupations found to be hazardous and, therefore, unsuitable for the employment of minors.
ANTICIPATED SCHEDULE: By July, 2004
AFFECTED PARTIES: Working minors and their potential employers.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 12: Rules Relating to Equal Pay
STATUTORY AUTHORITY: Title 26 M.R.S.A. §42
PURPOSE: Establishes procedures and standards for the application of the equal pay law.
ANTICIPATED SCHEDULE: By June, 2005
AFFECTED PARTIES: Employers and employees.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 13: Rules Governing the Establishment and Use of Fair Minimum Wage Rates on State Construction Projects
STATUTORY AUTHORITY: Title 26 M.R.S.A. §53
PURPOSE: Establishes procedures to govern the Bureau's application of the prevailing wage rate process.
ANTICIPATED SCHEDULE: By June, 2005
AFFECTED PARTIES: State agencies that let construction to contract and those contractors who bid on such projects.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 14: Rules Governing Alternative Pay Arrangements for Interstate Truckers
STATUTORY AUTHORITY: Title 26 M.R.S.A. §644 (2001 PLc 628)
PURPOSE: Establishes a formula to apply overtime to work unit based pay in the interstate trucking industry.
ANTICIPATED SCHEDULE: By June, 2005
AFFECTED PARTIES: Interstate truckers and their employers.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

NEW RULE: Rules Relating to Assessment of Interest and Penalties for Non-payment under the Safety Education and Training Fund (SETF) (Proposed)
STATUTORY AUTHORITY: Title 26 M.R.S.A. §61
PURPOSE: To establish procedures to determine when, how and against whom penalties and interest will be assessed for non-payment of bills under the SETF.
ANTICIPATED SCHEDULE: By January, 2005
AFFECTED PARTIES: The Workers' Compensation insurance carriers and self-insureds and any employer who receives services from the SETF.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

NEW RULE: Rules Relating to Severance Pay (Proposed)
STATUTORY AUTHORITY: Title 26 M.R.S.A. §42 (2001 PLc 625)
PURPOSE: Establishes procedures and standards for the application of the severance pay statute.
ANTICIPATED SCHEDULE: By January, 2005
AFFECTED PARTIES: Employers and employees affected by the severance law.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

NEW RULE: Rules Relating to the Minimum Wage (Proposed)
STATUTORY AUTHORITY: Title 26 M.R.S.A. §665
PURPOSE: Establishes procedures and standards for the application of the minimum wage.
ANTICIPATED SCHEDULE: By June, 2005
AFFECTED PARTIES: Employers and employees.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

NEW RULE: Rules Relating to the Employment of Minors (Proposed)
STATUTORY AUTHORITY: Title 26 M.R.S.A. §785
PURPOSE: Establishes procedures and standards for application of the child labor laws.
ANTICIPATED SCHEDULE: By June, 2005
AFFECTED PARTIES: Working minors and their employers.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

NEW RULE: Rules Relating to Overtime Payment (Proposed)
STATUTORY AUTHORITY: Title 26 M.R.S.A. Subchapter III
PURPOSE: Establishes definitions and standards for application of the overtime law.
ANTICIPATED SCHEDULE: By August, 2004
AFFECTED PARTIES: Employers covered by the overtime laws and their workers.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

NEW RULE: Rules Relating to Agricultural Labor Housing Standards (Proposed)
STATUTORY AUTHORITY: Title 26 M.R.S.A. §586
PURPOSE: To establish housing standards for agricultural laborers.
ANTICIPATED SCHEDULE: By September, 2004
AFFECTED PARTIES: Agricultural workers not covered by Federal regulations and their employers.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

NEW RULE: Rules Governing the Confidentiality of Data and Information Collected by the Bureau (Proposed)
STATUTORY AUTHORITY: 26 M.R.S.A. Sec. 42
PURPOSE: Establish procedures and standards for the publication and release of information covered by the confidentiality law (26 M.R.S.A. Sec 3).
ANTICIPATED SCHEDULE: By December, 2004
AFFECTED PARTIES: Bureau staff.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

AGENCY UMBRELLA-UNIT NUMBER: 12-179
AGENCY NAME: Department of Labor, Bureau of Labor Standards, Board of Occupational Safety and Health

CONTACT PERSON: William Peabody, Director, 45 State House Station, Augusta, ME 04333-0045. Tel: (207) 624-6400

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2004-2005 RULE-MAKING ACTIVITY:

CHAPTER 1: Procedural Rules Governing the Board of Occupational Safety and Health
STATUTORY AUTHORITY: Title 26 M.R.S.A. §565
PURPOSE: Establishes procedures to guide the Board and affected parties through meetings and hearings.
ANTICIPATED SCHEDULE: By June, 2005
AFFECTED PARTIES: Board members and parties with business before the Board.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 2: Occupational Safety and Health Standards for General Employment in the Public Sector
STATUTORY AUTHORITY: Title 26 M.R.S.A. §565
PURPOSE: Establishes procedures and standards to ensure safe and healthful working conditions for public employees (adopt by reference the latest Federal standards).
ANTICIPATED SCHEDULE: By March, 2005
AFFECTED PARTIES: Non-federal public employers and their employees.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 3: Occupational Safety and Health Standards for Construction Employment in the Public Sector
STATUTORY AUTHORITY: Title 26 M.R.S.A. §565
PURPOSE: Establishes procedures and standards to ensure safe and healthful working conditions for public employees (adopt by reference the latest Federal standards).
ANTICIPATED SCHEDULE: By March, 2005
AFFECTED PARTIES: Non-federal public employers and their employees.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 4: Minimum Standards for Firefighters
STATUTORY AUTHORITY: Title 26 M.R.S.A. §2107
PURPOSE: Establishes minimum occupational safety and health standards for firefighters.
ANTICIPATED SCHEDULE: By September, 2004
AFFECTED PARTIES: Firefighting community.
CONSENSUS-BASED RULE DEVELOPMENT: Anticipate the use of collaborative rule development

CHAPTER 6: Recording Occupational Injuries and Illnesses in the Public Sector
STATUTORY AUTHORITY: Title 26 M.R.S.A. §565
PURPOSE: Establishes standards for the recording of occupational injuries and illnesses in the non-federal public sector.
ANTICIPATED SCHEDULE: By June, 2005
AFFECTED PARTIES: Public sector employers covered by the state Occupational Safety and Health Act.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

AGENCY UMBRELLA-UNIT NUMBER: 12-150
AGENCY NAME: Department of Labor, Bureau of Rehabilitation Services, Division for the Blind and Visually Impaired

CONTACT PERSON: Harold Lewis, Director, 150 State House Station, Augusta, ME 04333-0150. Tel: (207) 624-5950

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2004-2005 RULE-MAKING ACTIVITY:

CHAPTER 15: Business Enterprise Program Policy Manual
STATUTORY AUTHORITY: Title 34 M.R.S.A. §395
PURPOSE: The rules govern the operation of food services by persons who are blind and visually impaired as managers of Business Enterprise Program locations. Modifications would reflect recently enacted federal legislation and regulations.
ANTICIPATED SCHEDULE: By August 1, 2005.
AFFECTED PARTIES: Blind and visually impaired managers of Business Enterprise Program locations.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 101: Vocational Rehabilitation Services for Individuals who are Blind
STATUTORY AUTHORITY: Title 26 M.R.S.A. §1418
PURPOSE: The rules govern the delivery of vocational rehabilitation services for persons who are blind or visually impaired in achieving an employment outcome. Modifications would reflect recently enacted federal legislation and regulations.
ANTICIPATED SCHEDULE: By August 1, 2005.
AFFECTED PARTIES: Blind or visually impaired persons eligible for Vocational Rehabilitation services.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 105: Independent Living Services for Individuals who are Blind
STATUTORY AUTHORITY: Title 26 M.R.S.A. §1418
PURPOSE: The rules govern the delivery of rehabilitation services for persons who are blind or visually impaired in preserving and enhancing independent living. Modifications would reflect recently enacted federal legislation and regulations.
ANTICIPATED SCHEDULE: By August 1, 2005.
AFFECTED PARTIES: Blind or visually impaired persons eligible for Independent Living services.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

Amendment filed August 31, 2004

AGENCY UMBRELLA UNIT: 12-152
AGENCY NAME: Bureau of Rehabilitation Services

CONTACT PERSON: Patten Williams, 150 State House Station, Augusta ME 04333. (207) 624-5922

CHAPTER 8: Bureau of Rehabilitation Consumer Directed Personal Care Assistance Services
STATUTORY AUTHORITY: Title 26 M.R.S.A. §1412-G
PURPOSE: These rules govern the administration and delivery of personal assistance services for persons with significant physical disabilities, assisting them to live independently in family and community. These amendments allow the program to operate within available financial resources.
ANTICIPATED SCHEDULE: Public Hearings in September and implementation of new rule in mid October 2004.
AFFECTED PARTIES: Approximately 150 consumers who are now served by the program and the personal attendants who are employed providing them services.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

AGENCY UMBRELLA-UNIT NUMBER: 12-180
AGENCY NAME: Department of Labor, Maine Labor Relations Board

CONTACT PERSON: Lisa Copenhaver, Counsel, 90 State House Station, Augusta, ME 04333. Tel: (207) 287-2015

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2004-2005 RULE-MAKING ACTIVITY: None.

AGENCY UMBRELLA-UNIT NUMBER: 12-186
AGENCY NAME: Department of Labor, State Board of Arbitration and Conciliation

CONTACT PERSON: Lisa Copenhaver, Counsel, 90 State House Station, Augusta, ME 04333. Tel: (207) 287-2015

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2004-2005 RULE-MAKING ACTIVITY: None.

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