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Home > Agendas > 2005-2006 > P&FR > Office of Licensing and Registration

2005-2006 Regulatory Agendas

02-041
Office of Licensing and Registration

AGENCY UMBRELLA-UNIT NUMBER: 02-041
AGENCY NAME: Office of Licensing and Registration

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None


General
Program Areas:
Athletic Trainers
Charitable Solicitation
Interpreters and Transliterators of American Sign Language and English
Massage Therapists
Transient Sales


Office of Licensing & Registration - General

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

EXPECTED 2005-2006 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.
ANTICIPATED SCHEDULE: Variable.
AFFECTED PARTIES: Licensees, board staff, board members.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER (New): 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 (New): 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 (New): 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 (New): 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.

EXPECTED 2005-2006 RULE-MAKING ACTIVITY: Currently no rules exist for this program; however, national standards may emerge from annual regulatory conferences being conducted by the National Athletic Trainer Association’s Board of Certification, and which may be determined to be appropriate to adopt in Maine.

CHAPTER (New)
STATUTORY AUTHORITY: None currently.
PURPOSE: To adopt future national uniform standards, as these emerge.
ANTICIPATED SCHEDULE: Summer 2006.
AFFECTED PARTIES: Registrants and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.


Charitable Solicitation

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

EXPECTED 2005-2006 RULE-MAKING ACTIVITY:

CHAPTER 1: Registration Applications and Financial Statements
STATUTORY AUTHORITY: 9 MRSA §§5008(3-A) and 5018
PURPOSE: This chapter contains provisions relating to the submission of registration applications and financial statements required to be filed with the Office of Licensing and Registration under the Maine Charitable Solicitations Act. Pursuant to a legislative proposal to be submitted in the Second Session of the 122nd Legislature, rule changes may be necessary to:
* delete the requirement that Professional Fund-raising Counsel carry a $25,000 surety bond. PL 2003 Chapter 541 revised the definition of “Professional Fund-raising Counsel” to prohibit them from engaging in the solicitation of contributions. Since enactment on July 30, 2004, there have been no known instances of occurrences involving breach of fiduciary duty by Professional Fund-raising Counsel who were authorized to engage in solicitations prior to that date. Consequently, this agency has determined that the bond requirement should be extinguished;
* exempt businesses donating less that $10,000 annually to Charitable Organizations from the registration requirement for Commercial Co-venturers; this will apply the same exemption limit to Commercial Co-venturers as currently applies to Charitable Organizations and will eliminate an impediment that may have discouraged small businesses from sharing their profits with Charitable Organizations; and
* exempt from the registration requirement individuals who contract with Charitable Organizations to provide grant-writing services for the purpose of obtaining money or property from foundations; foundations typically possess expertise sufficient to protect their own interests, and any requirement that grant-writers become registered as Professional Fund-raising Counsel would be unnecessarily burdensome to those whose work in this area is minimal.
ANTICIPATED SCHEDULE: Summer / Fall 2006.
AFFECTED PARTIES: Registrants and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 2: Annual Fundraising Activity Reports
STATUTORY AUTHORITY: 9 M.R.S.A., §§5005-B(1), 5008(3-A) and 5018
PURPOSE: This chapter explains how charitable organizations and professional solicitors shall calculate their remittances and retentions from the prior year in order to comply with the requirement to file an annual report of the prior year’s fund-raising activity. Changes may be required pursuant to a legislative proposal to be submitted in the Second Session of the 122nd Legislature.
ANTICIPATED SCHEDULE: Summer / Fall 2006.
AFFECTED PARTIES: Registrants and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 3: Enforcement and Disciplinary Procedures
STATUTORY AUTHORITY: 9 M.R.S.A., §5018
PURPOSE: This chapter sets forth the right of an applicant or a registrant to appeal certain regulatory actions. This chapter also specifies the enforcement and disciplinary procedures used by the Office of Licensing & Registration. Pursuant to a legislative proposal to be submitted in the Second Session of the 122nd Legislature, rule changes may be necessary to enable the Commissioner to prohibit the registration, as Charitable Organizations, of entities whose officials have engaged in certain illegal acts that may indicate terrorist activity.
ANTICIPATED SCHEDULE: Summer / Fall 2006.
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.

EXPECTED 2005-2006 RULE-MAKING ACTIVITY:

CHAPTER 50: Definitions
STATUTORY AUTHORITY: 32 MRSA §1522(1)
PURPOSE: This chapter defines certain terms used in these rules. Pursuant to the enactment of PL 2005 Chapter 267, a definition will be added for “Educational Interpreter Performance Assessment.”
ANTICIPATED SCHEDULE: Fall / Winter 2005.
AFFECTED PARTIES: Applicants for licensure who elect to qualify on this basis.
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: This chapter sets forth criteria for the initial licensure of interpreters/transliterators and describes the application process. Changes will be made to the criteria to reflect legislation amending 32 MRSA §1524 to permit applicants to qualify by demonstrating a score of 3.5 or higher on the Educational Interpreter Performance Assessment.
ANTICIPATED SCHEDULE: Fall / Winter 2005.
AFFECTED PARTIES: Applicants for licensure who elect to qualify on this basis.
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: This chapter sets forth continuing education requirements and describes the license renewal process. Changes will be made to accommodate 32 MRSA §59-B pertaining to Hardship Deferments.
ANTICIPATED SCHEDULE: Fall / Winter 2005.
AFFECTED PARTIES: Interpreters and Transliterators of American Sign Language and English.
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: This chapter describes the transition process from registration to licensure for persons previously registered as interpreters, transliterators and deaf interpreters in Maine. As the process has been completed, this chapter is obsolete and should be eliminated in its entirety.
ANTICIPATED SCHEDULE: Fall / Winter 2005.
AFFECTED PARTIES: None.
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), 1531
PURPOSE: This chapter describes the statutory disclosure to be furnished by interpreters and transliterators to consumers and clients. Pursuant to the enactment of PL2005 Chapter 267, the content required to appear on the disclosure statement has been changed; consequently, the format should be revised through rulemaking.
ANTICIPATED SCHEDULE: Fall / Winter 2005.
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: This chapter describes the procedure by which complaints will be handled by the Office of Licensing and Registration. Possible changes may be warranted, as the program evolves.
ANTICIPATED SCHEDULE: Fall / Winter 2005.
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: To identify resources available to licensees; it will be updated, as necessary.
ANTICIPATED SCHEDULE: Fall / Winter 2005.
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).



Massage Therapists

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

EXPECTED 2005-2006 RULE-MAKING ACTIVITY:

CHAPTER 100: DEFINITIONS
STATUTORY AUTHORITY: 32 MRSA §14302(2)
PURPOSE: This chapter clarifies wording and professional terms used throughout these rules. Additions to the definitions may be required, due to the emergence of the sub-category of “medical massage therapy.”
ANTICIPATED SCHEDULE: Summer 2006.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 200: General Information
STATUTORY AUTHORITY: 32 MRSA §14302(2)
PURPOSE: This chapter establishes guidelines for the maintenance of records and display of licenses and registrations. All registrations have been superseded by licenses; consequently, some material contained in this chapter is obsolete and should be deleted.
ANTICIPATED SCHEDULE: Summer 2006.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 300: Licensure/Registration Requirements
STATUTORY AUTHORITY: 32 MRSA §14302(2)
PURPOSE: This chapter sets forth the procedures and requirements for licensure by application, as well as by reciprocity per the provisions for licensure in other states. Possible amendments to the requirements for initial and renewal licensure may be developed as a consequence of national trends (e.g., toward specialization).
ANTICIPATED SCHEDULE: Summer 2006.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 400: Complaints and Investigations
STATUTORY AUTHORITY: 32 MRSA §14302(2)
PURPOSE: This chapter describes the procedure by which complaints and adjudicatory hearings are handled. Reference is made to the Advisory Council; however, the Advisory Council, as previously authorized in 32 MRSA §14302(7), was extinguished with the enactment of PL 2005 Chapter 294. Consequently, this reference is obsolete and should be eliminated.
ANTICIPATED SCHEDULE: Summer 2006.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.



Transient Sales

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

EXPECTED 2005-2006 RULE-MAKING ACTIVITY: Currently no rules exist for this program; however, a recent upsurge in activity involving attempts by both domestic and offshore telemarketers to sell financial products in Maine may necessitate promulgation of rules.

CHAPTER (New)
STATUTORY AUTHORITY: None currently.
PURPOSE: To clarify the limitations of Transient Seller registration as respects activities for which product-specific licensure, registration or authorization is required, and to incorporate provisions of the Federal Trade Commission’s Telemarketing Sales Rule.
ANTICIPATED SCHEDULE: Summer 2006.
AFFECTED PARTIES: Registrants and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.