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Home > Agendas > 2007-2008 > Treasurer of State

2007-2008 Regulatory Agendas

26
Attorney General



AGENCY UMBRELLA-UNIT NUMBER: 26-239
AGENCY NAME: Office of the Attorney General

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2007-2008 RULE-MAKING ACTIVITY:

CHAPTER 107: Unfair Trade Practice Rules
STATUTORY AUTHORITY: 5 MRSA §207(2) (The Maine Unfair Trade Practices Act)
PURPOSE: The Office of the Attorney General expects that these Rules will deal with the following area: enact a new rule governing the advertising of discount medical plans.
ANTICIPATED SCHEDULE: Promulgation is anticipated to begin in late 2007.
AFFECTED PARTIES: consumers of health care.
CONSENSUS-BASED RULE DEVELOPMENT: While we will certainly consult with interested parties, the Maine Unfair Trade Practices Act is a law enforcement statute and Consensus-Based Rule Development will not always be appropriate.
CONTACT PERSON: Linda Conti, Chief, Consumer Protection Division, 6 State House Station, Augusta, ME 04333-0006, Tel: (207) 626-8591

NEW CHAPTER: Charitable Conversion Rules
STATUTORY AUTHORITY: 5 MRSA §194-J
PURPOSE: This rule will provide guidance for the distribution of the proceeds of a conversion transaction to a new or existing foundation. The rule will address the role of the board members of the converting entity with respect to new use of the proceeds and the role of community advisory committees.
ANTICIPATED SCHEDULE: Promulgation is anticipated to begin by December 2007.
AFFECTED PARTIES: Public Charities, nonprofit organizations.
CONSENSUS-BASED RULE DEVELOPMENT: We will consult with interested parties.
CONTACT PERSON: Linda Conti, Chief, Consumer Protection Division, 6 State House Station, Augusta, ME 04333-0006, Tel: (207) 626-8591

NEW CHAPTER: Data Security Breach Rules
STATUTORY AUTHORITY: 10 MRSA §1350-A and 5 MRSA §207(2)
PURPOSE: This rule will implement the data security breach statute, and provide guidance to businesses and state agencies on their responsibilities to keep consumers’ personally identifying information secure and their responsibilities when that security has been breached.
ANTICIPATED SCHEDULE: Promulgation is anticipated to begin by December 2007.
AFFECTED PARTIES: Businesses, consumers and state agencies.
CONSENSUS-BASED RULE DEVELOPMENT: We will consult with interested parties.
CONTACT PERSON: Linda Conti, Chief, Consumer Protection Division, 6 State House Station, Augusta, ME 04333-0006, Tel: (207) 626-8591

CHAPTER 2: Forfeiture Rules
STATUTORY AUTHORITY: 29-A MRSA §2421, Forfeiture of Motor Vehicles for OUI
PURPOSE: Chapter 2 is being amended to adopt rules required by statute for the disposition to state agencies, counties, or municipalities of forfeited motor vehicles.
ANTICIPATED SCHEDULE: Promulgation is anticipated to begin during the winter of 2007-08.
AFFECTED PARTIES: State agencies, counties and municipalities to which forfeited motor vehicles are distributed.
CONSENSUS-BASED RULE DEVELOPMENT: The contemplated change is technically required to implement a statute, and tracks existing procedures of long-standing for the disposition of forfeited assets. This Office anticipates consulting with representatives of law enforcement agencies regarding the proposed amendment.
CONTACT PERSON: Laura Yustak Smith, Assistant Attorney General, Tel: (207) 626-8803, and James Cameron, Assistant Attorney General, Tel: (207) 626-8505; Mailing Address: 6 State House Station, Augusta, ME 04333-0006.


No other Board, Unit or Division of the Attorney General’s Office, including the Victims’ Compensation Board, has any current plan for rulemaking prior to the next regulatory agenda due date.