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18
Department of Administrative and Financial Services

2004-2005 Regulatory Agenda


119 - Office of the State Controller
125 - Maine Revenue Services
364 - Maine State Liquor and Lottery Commission
389 - Bureau of Human Resources and Employee Suggestion System Board
553 - Bureau of Alcoholic Beverages and Lottery Operations
554 - Bureau of General Services


AGENCY UMBRELLA-UNIT NUMBER: 18-119
AGENCY NAME: Office of the State Controller

CONTACT PERSON: Edward A. Karass, State Controller, 4th Floor Cross Office Building, State House Station #14, Augusta, Maine 04333-0014, Edward.A.Karass@maine.gov

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 2004-2005 RULE-MAKING ACTIVITY:

CHAPTER 1:
TITLE Travel and Expense Reimbursement Policies
STATUTORY AUTHORITY 5 M.R.S.A. §1541
PURPOSE: Revision of Travel Policy
SCHEDULE FOR ADOPTION Prior to September 2005
LIST OF AFFECTED PARTIES State Employees
CONSENSUS BASED RULE DEVELOPMENT None contemplated


AGENCY UMBRELLA-UNIT NUMBER: 18-125
AGENCY NAME: Bureau of Revenue Services

CONTACT PERSON: David E. Bauer, General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Tel. (207) 624-9681

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2004-2005 RULE-MAKING ACTIVITY:

CHAPTER 101: Standard Interest Rate
STATUTORY AUTHORITY: 36 M.R.S.A. § 186
PURPOSE: To repeal the rule. The interest rate is now defined by statute.
ANTICIPATED SCHEDULE: By September, 2004
AFFECTED PARTIES: Taxpayers subject to interest charges or payments.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 202: Tree Growth Tax Law Valuations
STATUTORY AUTHORITY: 36 M.R.S.A. §576
PURPOSE: The State Tax Assessor must establish current use valuations for classified forestlands annually after considering area timber stumpage sales during previous calendar years.
ANTICIPATED SCHEDULE: By December, 2004
AFFECTED PARTIES: Taxpayers with land classified under Tree Growth Tax Law and municipal assessors require guidance in appropriate valuation of forestland based on representative proportions of forest growth and products generated to reduce the incidence of forced conversion or over harvesting of forestlands due to property tax burdens.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 301: Sales for Resale and Sales of Packaged Materials
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: Amend to update for Legislative changes.
ANTICIPATED SCHEDULE: By April, 2005
AFFECTED PARTIES: Maine retailers.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 302: Government Agencies, Exempt Organizations and Sales Thereto
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: Amend existing rules to include definition of "church" and to establish renewals for exemption certificates.
ANTICIPATED SCHEDULE: By March, 2005
AFFECTED PARTIES: All organizations and entities exempt from sales and use tax pursuant to 36 M.R.S.A. §1760 and corporations and individuals making sales to exempt organizations.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 305: Retailer Records
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: To consider repeal to ensure consistency with proposed new rule on record-keeping and retention of records.
ANTICIPATED SCHEDULE: By September, 2004
AFFECTED PARTIES: Maine retailers.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 308: Direct Payment Permits
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: To address concerns in areas of record requirements, audit costs, parts inventory, information on records, methods of record retention, and periodic renewal of permits.
ANTICIPATED SCHEDULE: By March, 2005
AFFECTED PARTIES: All holders of direct payment permits (limited to certain utilities and manufacturers).
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 322: Sales of Food Products
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: To amend existing rule to conform to legislative changes in regard to "prepared food" and to update statutory references.
ANTICIPATED SCHEDULE: By February, 2005
AFFECTED PARTIES: Purchasers of food staples and prepared foods.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 323: Commercial Agricultural Production and Commercial Fishing
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: Amend existing rule to include commercial aquaculture.
ANTICIPATED SCHEDULE: By January, 2005
AFFECTED PARTIES: Taxpayers engaged in commercial aquaculture.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTERS 501-506: Fuel Tax Rules
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: To update all rules relating to fuel taxes.
ANTICIPATED SCHEDULE: By April, 2005
AFFECTED PARTIES: Fuel users and suppliers
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTERS 701-705: Cigarette Tax Rules
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: To update all rules relating to cigarette tax.
ANTICIPATED SCHEDULE: By March, 2005
AFFECTED PARTIES: Cigarette Distributors.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 801: Apportionment of Income
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: To update the rule to clarify the sales factor for unitary businesses; to update the payroll factor related to legislative changes; to provide income apportionment guidance to Maine-nexus multistate taxpayers in certain special industries.
ANTICIPATED SCHEDULE: By September, 2005
AFFECTED PARTIES: Business taxpayers that have nexus with Maine and that operate in more than one state.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 803: Withholding Tax Reports and Payments
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: To make any necessary amendments, particularly those occasioned by the new requirement for pass-through entity withholding.
ANTICIPATED SCHEDULE: By March, 2005
AFFECTED PARTIES: Partnerships, limited liability companies, S corporations, and trusts with nonresident members.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 805: Composite Filing
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: To change title to "Pass-through Entity Reporting and Filing." To amend the rule to make necessary changes related to legislation requiring pass-through entity withholding. To also amend the Rule to add a new section requiring the appointment of a "tax matters person," to make minor editorial changes and to clarify other pass-through entity reporting and tax obligations.
ANTICIPATED SCHEDULE: By September, 2004
AFFECTED PARTIES: Certain partnerships, limited liability companies, S Corporations; trusts and individuals who are members of same.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 806: Taxable Income of Nonresident Individuals
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: To amend the Rule to agree with law changes relating to net operating loss deductions and the minimum taxability threshold; to define the word "day" in relation to number of days spent working in Maine; to include guidance on taxable pass-through entity income and to make any other necessary changes.
ANTICIPATED SCHEDULE: By December, 2004
AFFECTED PARTIES: Nonresident individual taxpayers.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 807: Net Operating Loss Add-Back Modification
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: To repeal the rule. Recent law changes relating to net operating loss deductions make this Rule and the examples obsolete. New examples will be provided in other publications.
ANTICIPATED SCHEDULE: By July, 2004
AFFECTED PARTIES: Individual, corporate, and fiduciary taxpayers who claim net operating loss deductions.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated.

CHAPTER 810: Maine Unitary Business Taxable Income, Combined Reports and Tax Returns.
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: To update the rule to address open issues regarding pass-through entities, insurance companies, and financial institutions that are part of an affiliated group operating in a unitary fashion.
ANTICIPATED SCHEDULE: By July, 2005.
AFFECTED PARTIES: Business taxpayers that are doing business in Maine, and that are part of an affiliated group operating in a unitary fashion.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 901: Maine Residents Property Tax Program
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: To amend the rule to change the requirements for documentary evidence relating to claims by a person who occupies a homestead and has sole responsibility for payment of the property tax.
ANTICIPATED SCHEDULE: By July, 2005.
AFFECTED PARTIES: Maine residents who qualify for the Maine Residents Property Tax Program.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

NEW RULE: Estate Tax
STATUTORY AUTHORITY: 36 M.R.S.A. § 112
PURPOSE: To list the process and procedures for filing a return, calculating and paying Maine Estate Taxes on estates that may not be subject to federal Estate Tax but are subject to the Maine Estate Tax.
ANTICIPATED SCHEDULE: By September, 2005
AFFECTED PARTIES: Personal representatives of certain Maine estates.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

NEW RULE: Insurance Premiums Tax
STATUTORY AUTHORITY: 36 M.R.S.A. § 112
PURPOSE: To provide definitions for key statutory terms, such as "gross premiums," "direct return premiums" and to define filing and payment requirements.
ANTICIPATED SCHEDULE: By September, 2005
AFFECTED PARTIES: Insurance companies doing business in Maine.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

NEW RULE: Pine Tree Zones
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: To establish the process that the State Tax Assessor will use to administer the Sales Tax exemption, the Income Tax credit, the Insurance Premiums Tax credit, and the employee withholding tax reimbursement.
ANTICIPATED SCHEDULE: By September, 2005
CONSENSUS BASED RULE DEVELOPMENT: not contemplated

NEW RULE: Rentals of Living Quarters
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: To further define "in connection with employment or education" as found in 36 M.R.S.A. §1760, sub-§20(B).
ANTICIPATED SCHEDULE: By February, 2005
AFFECTED PARTIES: Students and employees renting living quarters.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

NEW RULE: Record Keeping and Retention of Records
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: To provide additional guidance beyond the statute for taxpayers regarding record keeping and retention. Special attention will be given to electronic data interchange technology.
ANTICIPATED SCHEDULE: By September, 2004
AFFECTED PARTIES: All Maine Taxpayers
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

NEW RULE: Successor Liability for Trust Fund Taxes
STATUTORY AUTHORITY: 36 M.R.S.A. §§112, 177
PURPOSE: To provide additional guidance beyond the statute regarding the liability of a successor business owner for trust fund taxes owed by a former owner.
ANTICIPATED SCHEDULE: By April, 2005
AFFECTED PARTIES: Business owners who sell an existing business and the successor owner or owners.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

NEW RULE: Reporting of Certain Sales of Tobacco Products
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: Provide enforcement mechanism for requirement in Master Tobacco Settlement that sales of tobacco products by non-participating manufacturers be reported to the State.
ANTICIPATED SCHEDULE: By March, 2005
AFFECTED PARTIES: The State and all Maine Taxpayers.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated


AGENCY UMBRELLA-UNIT NUMBER: 18-364
AGENCY NAME: Maine State Liquor & Lottery Commission

CONTACT PERSON: Pam F. Coutts, Director, Bureau of Alcoholic Beverages & Lottery Operations, 8 State House Station, Augusta, ME 04333-0008, (207) 287-6756, Pam.F.Coutts@maine.gov

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 2004-2005 RULE-MAKING ACTIVITY:

CHAPTER 1:
TITLE Maine State Lottery
STATUTORY AUTHORITY 8 M.R.S.A. § 374
PURPOSE This chapter provides the rules for operation of the Maine State Lottery including types of games offered, price of tickets, number and size of prizes, manner of selecting winning tickets, the method of paying prizes, the sale of tickets and the licensing, performance, fee charges and compensation of ticket agents
SCHEDULE FOR ADOPTION Prior to September 2005
LIST OF AFFECTED PARTIES Licensed Lottery Agents and the Public
CONSENSUS-BASED RULE DEVELOPMENT None contemplated

CHAPTER: New Rule
TITLE Powerball
STATUTORY AUTHORITY 8 M.R.S.A. § 374
PURPOSE To establish rules for the operation of a multi-jurisdictional lottery including any marketing and promotion of lottery games with other jurisdictions as authorized by P.L. 2003 Chapter 673 Part MM.
SCHEDULE FOR ADOPTION Prior to September 2005
LIST OF AFFECTED PARTIES Licensed Lottery Agents and the Public
CONSENSUS-BASED RULE DEVELOPMENT None contemplated


AGENCY UMBRELLA-UNIT NUMBER: 18-389
AGENCY NAME: Bureau of Human Resources

CONTACT PERSON: Philip Schlegel, Public Service Coordinator I, 4 State House Station, Augusta, ME 04333-0004. (207) 624-7369. philip.j.schlegel@maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2004-2005 RULE-MAKING ACTIVITY:

CHAPTER 1: Purpose, Adoption and Amendment of Rules and Definition of Terms
STATUTORY AUTHORITY: 5 M.R.S.A., § 7036, sub-§ 17
PURPOSE: Ensures definitions are consistent with Civil Service Law and the Administrative Procedures Act, reflecting changes in policy and procedures as a result of changes to these laws.
ANTICIPATED SCHEDULE: Prior to September 30, 2005
AFFECTED PARTIES: New hire applicants, Confidential employees and bargaining unit employees of Maine State Government in matters not otherwise covered by collective bargaining agreements.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 2: Intermittent Employment
STATUTORY AUTHORITY: 5 M.R.S.A., § 7053
PURPOSE: To comply with the Civil Service Law and to provide clarification of the benefits available to intermittent employees.
ANTICIPATED SCHEDULE: Prior to September 30, 2005
AFFECTED PARTIES: New hire applicants, Confidential employees and bargaining unit employees of Maine State Government in matters not otherwise covered by collective bargaining agreements.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 3: Divisions of the Classified Service
STATUTORY AUTHORITY: 5 M.R.S.A., §§ 7036 and 7065; Ch. 147, P&SL 06/14/76
PURPOSE: Identifies the competitive, non-competitive (also known as "direct hire"), and labor divisions of Maine State Service.
ANTICIPATED SCHEDULE: Prior to September 30, 2005
AFFECTED PARTIES: New hire applicants, Confidential employees and bargaining unit employees of Maine State Government in matters not otherwise covered by collective bargaining agreements.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 4: Classification Plan
STATUTORY AUTHORITY: 5 M.R.S.A., § 7061
PURPOSE: Explains the classification plan and mechanism for its maintenance. Defines the allocation and re-allocation of positions and related actions. Identifies the purpose and use of classification specifications and classification titles and states the mechanism for appeals of classification actions.
ANTICIPATED SCHEDULE: Prior to September 30, 2005
AFFECTED PARTIES: New hire applicants, Confidential employees and bargaining unit employees of Maine State Government in matters not otherwise covered by collective bargaining agreements.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 5: Compensation Plan
STATUTORY AUTHORITY: 5 M.R.S.A., §§ 7036 and 7065
PURPOSE: Defines the compensation plan in terms of fixed salary schedules as adopted, published, and emended for covered classifications of work in Maine State Service. Identifies pay rates, presents overtime provisions and gives rates of pay for specific personnel actions such as new hires, promotions, demotions, transfers, non-standard work designations, and project appointments.
ANTICIPATED SCHEDULE: Prior to September 30, 2005
AFFECTED PARTIES: New hire applicants, Confidential employees and bargaining unit employees of Maine State Government in matters not otherwise covered by collective bargaining agreements.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 6: Applications and Examinations
STATUTORY AUTHORITY: 5 M.R.S.A., §§ 7036, 7051, 7052, 7054, 7055, 7062, 7063, 7064
PURPOSE: Provides information and procedures regarding the character and content of examinations and related announcement/examination administration practices. Gives requirements for admission, outlines exam scoring and notice procedures, and presents the mechanism for appeal of examination results.
ANTICIPATED SCHEDULE: Prior to September 30, 2005
AFFECTED PARTIES: New hire applicants, Confidential employees and bargaining unit employees of Maine State Government in matters not otherwise covered by collective bargaining agreements.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 7: Eligible Registers
STATUTORY AUTHORITY: 5 M.R.S.A., §§ 7034, 7036, 7052, 7053, 7062, 7064
PURPOSE: Identifies the types of employment registers and the manner in which they are maintained and used. Establishes a mechanism for adding and removing names, and specifies the normal duration of registers.
ANTICIPATED SCHEDULE: Prior to September 30, 2005
AFFECTED PARTIES: New hire applicants, Confidential employees and bargaining unit employees of Maine State Government in matters not otherwise covered by collective bargaining agreements.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 8: Certification and Appointment
STATUTORY AUTHORITY: 5 M.R.S.A., §§ 781-791, 7034, 7036, 7051, 7052, 7053, 7054, 7055, 7062, 7064
PURPOSE: Establishes rules which govern appointments to position vacancies in the classified service. Includes procedures for appointments made by certification from classification registers and for appointments resulting from nominations submitted by appointing authorities. Provisions are also included for: apprentice, trainee, and conditional appointment referrals that may be authorized by the Director; acting capacity assignments; and the reemployment of retired persons.
ANTICIPATED SCHEDULE: Prior to September 30, 2005
AFFECTED PARTIES: New hire applicants, Confidential employees and bargaining unit employees of Maine State Government in matters not otherwise covered by collective bargaining agreements.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 9: Probationary Period
STATUTORY AUTHORITY: 5 M.R.S.A., §§ 7036, 7051
PURPOSE: Identifies the purpose and duration of the probationary period and presents the mechanism for transition from probationary to permanent status.
ANTICIPATED SCHEDULE: Prior to September 30, 2005
AFFECTED PARTIES: New hire applicants, Confidential employees and bargaining unit employees of Maine State Government in matters not otherwise covered by collective bargaining agreements.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 10: Performance Appraisal and Training
STATUTORY AUTHORITY: 5 M.R.S.A., §§ 7036, 7065, 7070
PURPOSE: Identifies the purpose and requirements for the performance appraisal system and establishes a mechanism for internships and apprentice training.
ANTICIPATED SCHEDULE: Prior to September 30, 2005
AFFECTED PARTIES: New hire applicants, Confidential employees and bargaining unit employees of Maine State Government in matters not otherwise covered by collective bargaining agreements.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 11: Holidays, Leave of Absence and Related Compensation Practices
STATUTORY AUTHORITY: 5 M.R.S.A., §§ 721-727, 7036
PURPOSE: Designates holidays and related compensation procedure and presents regulations governing leaves of absence with pay and without pay. Includes sick leave, vacation leave, military leave, educational leave, jury duty and court appearances, workers' compensation, and unclassified service appointments.
ANTICIPATED SCHEDULE: Prior to September 30, 2005
AFFECTED PARTIES: New hire applicants, Confidential employees and bargaining unit employees of Maine State Government in matters not otherwise covered by collective bargaining agreements.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 12: Disciplinary Action, Demotion and Layoff
STATUTORY AUTHORITY: 5 M.R.S.A., §§ 7036, 7051, 7052, 7054, 7055, 7062, 7063, 7064
PURPOSE: Presents the basis and procedure for demotions, suspensions and dismissals in the State service; the procedure for resignation in good standing; and the statewide mechanism for addressing the unavoidable layoff of employees.
ANTICIPATED SCHEDULE: Prior to September 30, 2005
AFFECTED PARTIES: New hire applicants, Confidential employees and bargaining unit employees of Maine State Government in matters not otherwise covered by collective bargaining agreements.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 13: Complaints, Grievances and Investigations
STATUTORY AUTHORITY: 5 M.R.S.A., §§ 7036, 7051, 7081-7085
PURPOSE: Presents the various mechanisms through which complaints and/or grievances of State employees may be discovered, filed and/or heard, and related investigation and enforcement powers of the Director with respect to proper administration and application of the Civil Service Law to these rules.
ANTICIPATED SCHEDULE: Prior to September 30, 2005
AFFECTED PARTIES: New hire applicants, Confidential employees and bargaining unit employees of Maine State Government in matters not otherwise covered by collective bargaining agreements.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 14: Employee Work Records and Payroll Certification Procedure
STATUTORY AUTHORITY: 5 M.R.S.A., §§ 7070, 7071
PURPOSE: Provides information and establishes procedures with respect to employment history and records maintained by the appointing authority and the Bureau of Human Resources. Provides requirements for information regarding changes in employee status for purposes of payroll authorization and the permanent record thereof. Provides access to public records, with restriction.
ANTICIPATED SCHEDULE: Prior to September 30, 2005
AFFECTED PARTIES: New hire applicants, Confidential employees and bargaining unit employees of Maine State Government in matters not otherwise covered by collective bargaining agreements.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 15: The Maine Management Service
STATUTORY AUTHORITY: 5 M.R.S.A., §§ 7031, 7034, 7036, 7051, 7052, 7061, 7065, 7081-7085
PURPOSE: This chapter, adopted in 2002, establishes the Maine Management Service and provides separate and distinct rules for Confidential employees who occupy positions that are specifically designated as included in the Maine Management Service. Provides a definition and outlines the goals of the Maine Management Service; provides the manner in which positions are included in the Maine Management Service; and defines terms associated with the Maine Management Service. This chapter also provides a classification and compensation plan for the Maine Management Service; provides unique procedures for recruitment, application, selection, training, and development. This chapter also provides a unique procedure for layoff, complaints, grievances, investigations, and discipline of employees included in the Maine Management Service.
ANTICIPATED SCHEDULE: Prior to September 30, 2005
AFFECTED PARTIES: Applicants for positions included in the Maine Management Service, confidential employees who occupy positions that are specifically designated as included in the Maine Management Service.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated


AGENCY UMBRELLA-UNIT NUMBER: 18-389 (Temporary)
AGENCY NAME: Employee Suggestion System Board

CONTACT PERSON: Philip Schlegel, Public Service Coordinator I, 4 State House Station, Augusta, ME 04333-0004. (207) 624-7369. philip.j.schlegel@maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2004-2005 RULE-MAKING ACTIVITY:

CHAPTER 1: Implementation of Employee Suggestion System, establishing criteria for suggesting ideas and making awards, establishing fees to ensure timely and responsive assistance from all state agencies.
STATUTORY AUTHORITY: 5 M.R.S.A., Chapter 56-A, § 651
PURPOSE: To encourage, by means of cash or honorary awards, eligible state employees to find substantial savings and efficiencies in state operations.
ANTICIPATED SCHEDULE: Prior to February 1, 2005.
AFFECTED PARTIES: All state employees excluding employees enumerated in 5 M.R.S.A., Chapter 71 and 2 M.R.S.A., § 6 - 6E.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated


AGENCY UMBRELLA-UNIT NUMBER: 18-553
AGENCY NAME: Bureau of Alcoholic Beverages and Lottery Operations

CONTACT PERSON: Pam F. Coutts, Director, 8 State House Station, Augusta, ME 04333. 207-287-6756. pam.f.coutts@maine.gov

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 2004-2005 RULE-MAKING ACTIVITY:

CHAPTER 1:
TITLE Liquor Inventory Exchanges from Agency Liquor Stores
STATUTORY AUTHORITY 28-A M.R.S.A. §83
PURPOSE Repeal or amend rules as appropriate due to State Liquor Store closings
SCHEDULE FOR ADOPTION Prior to September 2005
LIST OF AFFECTED PARTIES Agency liquor stores and Licensees; Distributors of spirits and fortified wines.
CONSENSUS BASED RULE DEVELOPMENT None contemplated

NEW RULE: Rules relating to the administration of state liquor laws
STATUTORY AUTHORITY 28-A M.R.S.A. § 83
PURPOSE To establish such rules as necessary for the administration of the state liquor laws under the jurisdiction of the Bureau of Alcoholic Beverages and Lottery Operations.
SCHEDULE FOR ADOPTION Prior to September 2005
LIST OF AFFECTED PARTIES Agency liquor stores and Licensees; Distributors of spirits and fortified wines.
CONSENSUS BASED RULE DEVELOPMENT None contemplated

NEW RULE: Rules relating to implementation of the requirements of PL 2003, c. 20, Part LLL
STATUTORY AUTHORITY PL 2003, c. 20, Part LLL
PURPOSE To establish such rules as are necessary to implement the requirements of PL 2003, c. 20, Part LLL, including, but not limited to, the management of the sale, distribution, and merchandising of spirits and fortified wine through agency liquor stores and licensees until wholesale liquor authorized for lease; the transfer and lease of the State of Maine's wholesale liquor operation to private entity; and the price regulation of the wholesale and retail liquor business.
SCHEDULE FOR ADOPTION Prior to September 2005
LIST OF AFFECTED PARTIES Agency liquor stores and Licensees; Distributors of spirits and fortified wines.
CONSENSUS BASED RULE DEVELOPMENT None contemplated


AGENCY UMBRELLA-UNIT NUMBER: 18-554
AGENCY NAME: Bureau of General Services

CONTACT PERSON: Elaine Clark, Director, Bureau of General Services, 77 State House Station, Augusta, Maine 04333. Tel. (207) 624-7344 elaine.clark@maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

CONSENSUS-BASED RULE DEVELOPMENT: None contemplated.

EXPECTED 2004-2005 RULE-MAKING ACTIVITY:

CHAPTER 1: Procedures for Procurement of Professional Architectural and Engineering Services
STATUTORY AUTHORITY 5 M.R.S.A. § 1742(6)
PURPOSE To amend the rule addressing procurement of architectural and engineering services to update outdated information, to reorganize (reflecting a logical sequence of events), to amend (providing more thorough information), and to correlate fees with the type of work being done.
ANTICIPATED SCHEDULE Prior to September 2005
AFFECTED PARTIES Architects and engineers.

NEW RULE: Sole source of professional services when fees are $25,000 or less
STATUTORY AUTHORITY 5 M.R.S.A. § 1742 (6) as amended
PURPOSE: To define the process whereby contracts for architectural, engineering and other professional services may be sole sourced when the cost of the services is $25,000 or less.
ANTICIPATED SCHEDULE Prior to September 2005
AFFECTED PARTIES Architects, engineers, and professional services involved in the planning, design, and monitoring of construction of public improvements.

NEW RULE: Implementation of Alternative Delivery Methods
STATUTORY AUTHORITY 5 M.R.S.A. § 1743
PURPOSE: To provide rules for the implementation of the following alternative delivery methods: design-build; construction manager at risk; and construction manager advisor.
ANTICIPATED SCHEDULE Prior to September 2005
AFFECTED PARTIES Construction and design industries

NEW RULE: Adoption of Portions of Building Code(s)
STATUTORY AUTHORITY 5 M.R.S.A. § 1742 (6-A)
PURPOSE To determine which portions of building codes are applicable to public improvement projects.
ANTICIPATED SCHEDULE Prior to September 2005
AFFECTED PARTIES Construction and design industries

NEW RULE: Revisions to Capitol Planning Commission Zoning Maps and Permitted Uses
STATUTORY AUTHORITY 5 M.R.S.A. § 298
PURPOSE To improve the definition of zones within the Capitol Planning District and to further define uses within those zones.
ANTICIPATED SCHEDULE Prior to September 2005
AFFECTED PARTIES The City of Augusta, the Bureau of General Services, State agencies, developers and property owners within the District boundaries.

NEW RULE: Wage and Benefit Records held by Persons Working on Public Improvement Projects
STATUTORY AUTHORITY 26 M.R.S.A. § 1311
PURPOSE To develop procedures for storage and public access to construction records, specifically those pertaining to laborers, workers, mechanics and independent contractors.
ANTICIPATED SCHEDULE Prior to September 2005
AFFECTED PARTIES The construction industry, the Bureau of General Services, all public authorities letting contracts, and the Department of Labor, Bureau of Labor Standards

NEW RULE: Improvement of Energy Efficiency in the Design and Construction of State Funded Construction, with particular emphasis on mechanisms to exceed minimum ASHRAE energy efficiency standards
STATUTORY AUTHORITY 5 M.R.S.A. § 1464-A
PURPOSE To develop mechanisms to reduce long-term energy and operating costs; exceed energy savings set out in ASHRAE 90.1 (2001) by 20%; and develop life cycle cost analyses that consider a 30-year cycle, and include consideration of public health and environmental benefits associated with energy-efficient building design and construction
ANTICIPATED SCHEDULE By July 2004
AFFECTED PARTIES The construction and design industries, the Bureau of General Services, the Department of Education and the State Board of Education

Amendment filed November 10, 2004:
NEW RULE: Defining an Equivalent Basis for Cost Comparison between State Employees and Contractor Provision of Services
STATUTORY AUTHORITY 5 MRSA § 1825 B(l 1)
PURPOSE To define an equivalent contractor provision of services and to determine which alternative provides the best value to the State.
ANTICIPATED SCHEDULE November 2004
AFFECTED PARTIES Contactors providing services to the State.


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