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Home > Agendas > 2007-2008 > Secretary of State

2007-2008 Regulatory Agendas

29
Secretary of State


250: Bureau of Motor Vehicles
250: Bureau of Corporations, Elections and Commissions
255: Maine State Archives
94-591: Motor Carrier Review Board


AGENCY UMBRELLA-UNIT NUMBER: 29-250
AGENCY NAME: Bureau of Motor Vehicles

CONTACT PERSON: Catherine Curtis, Deputy Secretary of State, BMV, 29 State House Station, Augusta, Maine 04333-0029. Tel: (207) 624-9004

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

EXPECTED 2007-2008 RULE-MAKING ACTIVITY:

CHAPTER 1: Rules for Administrative Suspension Relating to Demerit Point Accumulation, Convictions and Adjudications
STATUTORY AUTHORITY: 29-A MRSA §2458(3)
PURPOSE: These rules were promulgated for the purpose of identifying the reckless or negligent driver of a motor vehicle and to establish a uniform point system of assigning demerit points for specified convictions or adjudication of violations of statutes and regulations governing the operation of motor vehicles. These rules may be amended as the result of legislative changes to motor vehicle laws.
ANTICIPATED SCHEDULE: Any rule amendments would be proposed prior to January 1, 2008.
AFFECTED PARTIES: These rules affect all persons who operate motor vehicles.
No emergency rules were adopted.

CHAPTER 2: Rules for the Conduct of Administrative Hearings before the Secretary of State
STATUTORY AUTHORITY: 29-A MRSA §153
PURPOSE: These rules govern the conduct of adjudicatory hearings before the Secretary of State involving denials, suspensions or revocations of any license, certificate, or title. These rules may be amended as the result of legislative changes to motor vehicle laws.
ANTICIPATED SCHEDULE: Any rule amendments would be proposed prior to January 1, 2008.
AFFECTED PARTIES: These rules affect all persons who request an administrative hearing before the Secretary of State.
No emergency rules were adopted.

CHAPTER 3: Physical, Emotional and Mental Competence to Operate a Motor Vehicle
STATUTORY AUTHORITY: 29-A MRSA §153
PURPOSE: These rules describe the standards to be used by the Secretary of State in determining physical, emotional, and mental competence of a person to operate a motor vehicle. These rules which were adopted pursuant to 29-A MRSA §153, may be amended following the meetings of the Medical Advisory Board to the Secretary of State.
ANTICIPATED SCHEDULE: Any rule amendments would be proposed in late 2008.
AFFECTED PARTIES: All license applicants and anyone holding a motor vehicle license.
No emergency rules were adopted.

CHAPTER 4: Rules for the Driver License Examination
STATUTORY AUTHORITY: 29-A MRSA §153
PURPOSE: These rules describe the components of the examination used to determine a person’s qualification to obtain a Maine driver’s license. These rules may be updated to comply with the provisions of the Commercial Motor Vehicle Safety Act of 1986 or as the result of legislative changes to the motor vehicle laws.
ANTICIPATED SCHEDULE: Any rule amendments would be proposed prior to January 1, 2008.
AFFECTED PARTIES: These rules affect all persons seeking to obtain a Maine driver’s license.
No emergency rules were adopted.

CHAPTER 6: Rules for the Suspension of Commercial Driver’s Licenses
STAUTORY AUTHORITY: 29-A MRSA §1253
PURPOSE: These rules implement those provisions of the Federal Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-520) relating to the disqualification of persons from operating commercial motor vehicles upon conviction, adjudication or administrative determination for specific traffic and other designated offenses committed while operating a commercial motor vehicle. The Secretary of State is required by terms of 29-A MRSA §1253 to adopt these rules.
ANTICIPATED SCHEDULE: It is anticipated that these rules may be amended as a result of changes to the federal statutory and regulatory provisions of the Commercial Motor Vehicle Safety Act prior to June 1, 2008.
AFFECTED PARTIES: These rules will affect all operators and owners of commercial motor vehicles as well as persons who have been issued Commercial Driver’s Licenses.
No emergency rules were adopted.

CHAPTER 7: Rules for the Suspension of Driver’s Licenses for Failure to Comply with Child Support Orders
STATUTORY AUTHORITY: 29-A MRSA §§ 153 and 2459(5)
PURPOSE: These rules implement the provisions of 19 MRSA §§ 305-307 and 29-A MRSA §2459 which require the Secretary of State to suspend the driver’s and business licenses of individuals whom the Commissioner of Human Services certifies are not in compliance with court orders of child support.
ANTICIPATED SCHEDULE: Any rule amendments would be proposed prior to January 1, 2008.
AFFECTED PERSONS: These rules affect individuals who fail to comply with child support orders.
No emergency rules were adopted.

CHAPTER 9: Rules Governing Drivers Education
STATUTORY AUTHORITY: 29-A MRSA §153
PURPOSE: These rules establish the licensing requirements for driver education schools, instructors and teachers.
ANTICIPATED SCHEDULE: These rules may be amended during 2008.
AFFECTED PARTIES: These rules will affect all driver education schools, instructors and teachers.
No emergency rules were adopted.

CHAPTER 10: Rule Implementing the Federal Driver’s Privacy Protection Act
STATUTORY AUTHORITY: 29-A MRSA §153
PURPOSE: This rule establishes the procedure for the disclosure of personal information contained in motor vehicle records in accordance with state (29-A MRSA §256) and federal law (18 U.S.C. Chapter 123).
ANTICIPATED SCHEDULE: These rules may be amended during 2008.
AFFECTED PARTIES: All person’s with a Maine motor vehicle record.

CHAPTER 11: Motorcycle Rider Education
STATUTORY AUTHORITY: 29-A MRSA §153
PURPOSE: These rules establish procedures for motorcycle driver education programs and the certification of instructors.
ANTICIPATED SCHEDULE: Any rule amendments would be proposed prior to January 1, 2008.
AFFECTED PARTIES: All motorcycle driver education instructors and all motorcycle permit applicants.
There were no emergency rules adopted regarding this rule.

CHAPTER 12: Rules Governing the Sale of Records and Databases Related to Driver History, Driver Licenses and Marketing
STATUTORY AUTHORITY: 29-A MRSA §§ 251 and 252
PURPOSE: These rules establish the procedures and fees governing the sale and distribution of motor vehicle records and databases as required by 29-A, Sections 251 and 252
ANTICIPATED SCHEDULE: The rules may be amended during 2008.
AFFECTED PARTIES: All persons obtaining motor vehicle records and databases.

CHAPTER 13: Rules Governing Driver License Restrictions
STATUTORY AUTHORITY: 29-A MRSA §153
PURPOSE: These rules describe the factors to be considered when restrictions are placed on a driver’s license.
ANTICIPATED SCHEDULE: These rules may be amended during 2008.
AFFECTED PARTIES: These rules affect all persons who operate motor vehicles.

CHAPTER 14: Rules of the Motor Vehicle Franchise Board
STATUTORY AUTHORITY: 10 MRSA §1187(6)
PURPOSE: These rules will establish the procedures governing the functioning of the Motor Vehicle Franchise Board
ANTICIPATED SCHEDULE: These rules may be amended during 2008.
AFFECTED PARTIES: These rules affect automobile dealers and manufacturers.

CHAPTER 100: Rule Governing Agent Fees for Driver License Renewals
STATUTORY AUTHORITY: 29-A MRSA §202.
PURPOSE: This rule will establish the fee a driver license agent may charge for renewing a driver’s license.
ANTICIPATED SCHEDULE: These rules may be amended during 2008.
AFFECTED PARTIES: All driver license renewal agents.
No emergency rules were adopted.

CHAPTER 102: Rules Governing Titles to Motor Vehicles
STATUTORY AUTHORITY: 29-A MRSA §601
PURPOSE: This rule may be reviewed and updated if any changes in procedure are necessary for issuing Motor Vehicle titles.
ANTICIPATED SCHEDULE: These rules may be amended during 2008.
AFFECTED PARTIES: Licensed auto dealers, lien holders, and owners of titled Motor Vehicles.

CHAPTER 103: Rules Governing the Licensing of Automobile Dealers, Auctions, Transporters and Loaners
STATUTORY AUTHORITY: 29-A MRSA §951
PURPOSE: This rule may be revised and updated if any changes in procedures are necessary for licensing for automobile dealers, auctions, transporters and loaners.
ANTICIPATED SCHEDULE: These rules may be amended during 2008.
AFFECTED PARTIES: Licensed automobile dealers, auctions, transporters and loaners.

CHAPTER 104: Rules for the Used Car Information Act
STATUTORY AUTHORITY: 10 MRSA §1475
PURPOSE: This rule outlines the duties and responsibilities of the Used Car Dealer pursuant to the Used Car Information Act, 10 MRSA §1475.
ANTICIPATED SCHEDULE: These rules may be amended during 2008.
AFFECTED PARTIES: All buyers and sellers of vehicles.

CHAPTER 108: Rules Governing the Automobile Manufacturer or Distributor License
STATUTORY AUTHORITY: 10 MRSA §1171-B (4) and 5 MRSA §8071
PURPOSE: This rule may be revised and updated if any changes are necessary in the procedures for licensing automobile manufacturers or distributors.
ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: Licensed automobile manufacturers and distributors

CHAPTER 109: Rules Establishing the Fee for Special Legislative Motorcycle Registration Plates
STATUTORY AUTHORITY: 29-A MRSA §460 (2A)
PURPOSE: The purpose of this rule is to establish the fee for legislators’ special motorcycle registration plates authorized by 29A MRSA §460, (2A). The fee for the special legislative motorcycle plate is in addition to the regular fee to register a motorcycle.
ANTICIPATED SCHEDULE: Unknown.
AFFECTED PARTIES: State Legislators desiring legislative motorcycle plates.

CHAPTER 151: Rules Governing Enforcement of the Federal Heavy Vehicle Use Tax (HVUT)
STATUTORY AUTHORITY: 29-A MRSA §504
PURPOSE: This rule may be revised and updated if and when any changes in Federal laws regarding Heavy Vehicle Taxation are enacted.
ANTICIPATED SCHEDULE: These rules may be amended during 2008.
AFFECTED PARTIES: All those registrants operating vehicles with a registered gross weight subject to the Federal Heavy Vehicle Use Tax.

CHAPTER 152: Rules Concerning Form for Hazardous Material Licenses
STATUTORY AUTHORITY: 29-A MRSA §- None at this time.
PURPOSE: If and when a Hazardous Materials Program is instituted, a rule would be required.
ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: Motor Carriers of hazardous materials.

CHAPTER 153: The Administration of Motor Intrastate Carriers of Passengers-for-Hire
STATUTORY AUTHORITY: 29-A MRSA §551
PURPOSE: Due to potential changes in the operating authority for-hire statutes, it may be necessary to amend this rule.
ANTICIPATED SCHEDULE: These rules may be amended during 2008.
AFFECTED PARTIES: For-Hire motor carriers of passengers and rental vehicles.

CHAPTER 154: The Administration of Motor Intrastate r ICC Exempt Carriers of Property for Hire
STATUTORY AUTHORITY: 29-A MRSA §551
PURPOSE: Due to potential changes in the operating authority program statutes, it may be necessary to amend this rule.
ANTICIPATED SCHEDULE: These rules may be amended during 2008.
AFFECTED PARTIES: For-Hire motor carriers of property in intrastate and ICC exempt service.

CHAPTER 155: Rules Governing Permits for Non-Divisible, Oversize, and Overweight Vehicles Engaged in Interstate Commerce
STATUTORY AUTHORITY: 29-A MRSA §2382
PURPOSE: These rules may be amended to conform to any multi-state agreement and to meet any operating changes that may occur.
ANTICIPATED SCHEDULE: These rules may be amended during 2008.
AFFECTED PARTIES: Movers of interstate over-size and over-weight loads.

CHAPTER 156: Rules Governing the Fee Structure for Non-divisible, Oversize and Overweight Vehicles and State Police Escorts
STATUTORY AUTHORITY: 29-A MRSA §2382
PURPOSE: These rules govern the fee structure for over size and over weight loads and the requirements of having a state police escort. These rules may be amended as the result of legislative changes to motor vehicle laws.
ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: Movers of over-size and over-weight loads.

CHAPTER 157: The Administration of Oversize and Overweight Permits
STATUTORY AUTHORITY: 29-A MRSA §2382
PURPOSE: This rule may be revised to update and clarify certain sections.
ANTICIPATED SCHEDULE: These rules may be amended during 2008.
AFFECTED PARTIES: Movers of intrastate and interstate over-weight and over-size loads.

CHAPTER 158: The Administration of Trailer Transit Plates
STATUTORY AUTHORITY: 29 MRSA §360-B
PURPOSE: This rule may be revised and updated as needed to adjust for changes in use or responsibilities.
ANTICIPATED SCHEDULE: These rules may be amended during 2008.
AFFECTED PARTIES: Transporters of mobile homes and storage trailers which have or wish to obtain trailer transit plates.

CHAPTER 159: Rules Governing the Administration of the Semipermanent Semitrailer Registration Program (20 Year)
STATUTORY AUTHORITY: 29-A MRSA §512
PURPOSE: This rule may be revised and updated to clarify certain sections as needed due to policy or law changes.
ANTICIPATED SCHEDULE: These rules may be amended during 2008.
AFFECTED PARTIES: Those registrants who opt to register semi-trailers under long duration programs.

CHAPTER 160: The Administration of Combination Vehicles with Semi-Trailer Over 48 Feet and Up to 53 Feet in Length
STATUTORY AUTHORITY: 29-A MRSA §2390
PURPOSE: This rule will be repealed.
ANTICIPATED SCHEDULE: These rules may be amended during 2008.
AFFECTED PARTIES: Carriers operating trailers 48 feet to 53 feet in length.

CHAPTER 162: The Administration of the International Registration Plan
STATUTORY AUTHORITY: 29-A MRSA §531
PURPOSE: This rule may be revised to update and clarify certain sections
ANTICIPATED SCHEDULE: These rules may be amended during 2008.
AFFECTED PARTIES: Most owners of medium and heavy trucks operating in interstate and foreign commerce.

CHAPTER 163: The Administration of the Single State Registration System for Interstate Commerce Commission Certified Carriers of Property and Passengers
STATUTORY AUTHORITY: 29-A MRSA §551
PURPOSE: This rule may be revised to include all interstate motor carriers, electronic insurance filing and to conform with any changes to the Program as mandated by Federal Law.
ANTICPIATED SCHEDULE: These rules may be amended during 2008.
AFFECTED PARTIES: Those motor carriers based in or choosing Maine as a base.

CHAPTER 164: The Administration o Overweight Oceangoing Containers (OGC)
STATUTORY AUTHORITY: 29-A MRSA §2382
PURPOSE: This rule may be revised and updated to promote the increased use of intermodalism for Maine industry.
ANTICIPATED SCEDULE: Unknown
AFFECTED PARTIES: Maine industries that import or export their products via oceangoing containers

CHAPTER 165: The Administration of the Maine International Fuel Tax Agreement (IFTA) and the Intrastate Fuel Tax Program (USER)
STATUTORY AUTHORITY: 29-A MRSA §525
PURPOSE: This rule may be revised and updated to set guidelines and controls on the fuel tax program including the administration of fuel decals.
ANTICIPATED SCHEDULE: These rules may be amended during 2008.
AFFECTED PARTIES: Those motor carriers which qualify to file motor fuel tax reports and obtain fuel decals.

CHAPTER 167: The Administration of Motor Vehicle Fleet Registrations
STATUTORY AUTHORITY: 29-A MRSA §411
PURPOSE: This will be a new rule to set guidelines and controls on the bulk registration of vehicle fleets.
ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: Those entities operating large fleets who wish to consolidate and register their vehicles for multiple years.

CHAPTER 168: The Administration and Issuance of USDOT Numbers for Intrastate Motor Carriers
STATUTORY AUTHORITY: 29-A MRSA §555-A
PURPOSE: This rule may be amended as necessary to manage the issuance of USDOT numbers to qualifying intrastate motor carriers.
ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: Intrastate Motor Carriers

CHAPTER 169: The Administration Of The Performance And Registration Information Systems Management (PRISM) Program
STATUTORY AUTHORITY: 29-A MRSA §2458
PURPOSE: This rule may be revised and updated to set guidelines on the PRISM Program and to stay in sync with the Federal program.
ANTICIPATED SCHEDULE: These rules may be amended during 2008.
AFFECTED PARTIES: Motor carriers which are calculated to be high risk, unsafe transport companies.

CHAPTER 170: To implement Chapter 421, PL 2005, “An Act Allowing Certain Commercial Vehicles at Canadian Weight Limits To Travel From the Canadian Border at Calais to Baileyville and Van Buren”
STATUTORY AUTHORITY: 29-A MRSA §2354-B
PURPOSE: To implement the provisions of chapter 421, PL 2005 to permit the operation of certain trucks at the Canadian weight limits between the Canadian border at Calais to Baileyville and Van Buren. In particular, the Secretary of State, with the advice of the Commissioner of Transportation, must establish the permit fee for this process. The rule also will establish administrative and safety procedures.
ANTICIPATED SCHEDULE: These rules may be amended during 2008.
AFFECTED PARTIES: Motor carriers wishing to operate at the higher Canadian weights on the approved highway; the mill and facilities along the route. MDOT, Public Safety, BMV.

NEW RULE: Rules to establish and define Motor Vehicle Municipal Agents’ participation in the Municipal Registration Program
STATUTORY AUTHORITY: 29-A MRSA §§ 153 and 201
PURPOSE: Rules may be promulgated to establish and define the Motor Vehicle Agent participation in the Municipal Registration Program.
ANTICIPATED SCHEDULE: During 2008.
AFFECTED PARTIES: Municipal tax collectors designated to collect excise tax on vehicles, as agent for the Secretary of State.

NEW RULE: Rules to establish and define the Motor Vehicle, Non-governmental Agent Program
STATUTORY AUTHORITY: 29-A MRSA §§ 153 and 201-A
PURPOSE: Rules may be promulgated to establish and define the Motor Vehicle Non-governmental Agent Program.
ANTICIPATED SCHEDULE: During 2008.
AFFECTED PARTIES: Third party service providers.

NEW RULE: Rules to Monitor the Registration and Use of Low Speed Vehicles and the Safe Operation of Low Speed Vehicles
STATUTORY AUTHORITY: 29-A MRSA §501 (sub§11)
PURPOSE: To monitor the registration and use of low speed vehicles as well as the safe operation of low speed vehicles.
ANTICIPATED SCHEDULE: During 2008.
AFFECTED PARTIES: Vehicle dealers, the Bureau of Public Safety, Bureau of Motor Vehicles

NEW RULE: Rules to Monitor the Registration and Use of Experimental Vehicles
STATUTORY AUTHORITY: 29-A MRSA §501 (sub§11)
PURPOSE: To monitor the registration and use of experimental vehicles as well as the safe operation of experimental vehicles
ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: Vehicle Inventors, Bureau of Public Safety, Bureau of Motor Vehicles




AGENCY UMBRELLA-UNIT NUMBER: 94-591
AGENCY NAME: Motor Carrier Review Board

CONTACT PERSON: Garry Hinkley, Bureau of Motor Vehicles, 29 State House Station, Augusta, Maine 04333-0029. Tel: (207) 624-9055.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2007 - 2008 RULE-MAKING ACTIVITY:

CHAPTER 1: Bylaws of the Maine Motor Carrier Review Board
STATUTORY AUTHORITY: 29-A MRSA §562
PURPOSE: This rule may be amended as necessary to meet whatever changes that may be deemed necessary for the Board to conduct its business.
ANTICIPATED SCHEDULE: None planned.
AFFECTED PARTIES: All motor carriers which have a violation history deemed to be serious enough to merit review and suspension recommendation.

CHAPTER 2: Motor Carrier Review Board Selection Process
STATUTORY AUTHORITY: 29-A MRSA §562
PURPOSE: This rule allows the Board to select motor carriers for review in a fair and equitable manner.
ANTICIPATED SCHEDULE: None planned.
AFFECTED PARTIES: All motor carriers which have a violation history deemed to be serious enough to merit review and suspension recommendation.

CHAPTER 3: Motor Carrier Review Board Process
STATUTORY AUTHORITY: 29-A MRSA §562
PURPOSE: This rule sets the parameters on how the Board will deal with notifying carriers and the steps that will lead to recommendations made to the Secretary of State.
ANTICIPATED SCHEDULE: None planned.
AFFECTED PARTIES: All motor carriers which have a violation history deemed to be serious enough to merit review and suspension recommendation.


AGENCY UMBRELLA-UNIT NUMBER: 29-250
AGENDY NAME: Bureau of Corporations, Elections and Commissions

CONTACT PERSON: Julie L. Flynn, Deputy Secretary of State, 101 State House Station, Augusta, ME 04333-0101

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2007-2008 RULE-MAKING ACTIVITY:

CHAPTER 200: Rules for the Use of Expedited Service in Corporations
STATUTORY AUTHORITY: 10 MRSA §1527-B; 13-B MRSA §1402-A; 13-C MRSA §124; 31 MRSA §1457; 31 MRSA §613; and 31 MRSA §813.
PURPOSE: The Secretary of State may find it necessary to update and clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to October, 2008.
AFFECTED PARTIES: All customers of the Division of Corporations.

CHAPTER 201: Rules for the Sale of Publications in Corporations
STATUTORY AUTHORITY: 10 MRSA §1527-D; 13 MRSA §905; 13-B MRSA §1405; 13-C MRSA §143; 31 MRSA §1459; 31 MRSA §615; and 31 MRSA §815.
PURPOSE: The Secretary of State may find it necessary to update and clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to October, 2008.
AFFECTED PARTIES: All customers of the Division of Corporations.

CHAPTER 240: Rules for Limited Liability Partnerships under Title 31, Chapter 15
STATUTORY AUTHORITY: 31 MRSA §812.
PURPOSE: The Secretary of State may find it necessary to update and clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to October, 2008.
AFFECTED PARTIES: Any customer of the Division of Corporations filing documents for Limited Liability Partnerships.

CHAPTER 250: Rules for Business Corporations under Title 13-C
STATUTORY AUTHORITY: 13-C MRSA §141.
PURPOSE: The Secretary of State may find it necessary to update and clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to October, 2008.
AFFECTED PARTIES: Any customer of the Division of Corporations filing documents for business corporations.

CHAPTER 260: Rules for Nonprofit Corporations under Title 13-B
STATUTORY AUTHORITY: 13-B MRSA §1302-A.
PURPOSE: The Secretary of State may find it necessary to update and clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to October, 2008.
AFFECTED PARTIES: Any customer of the Division of Corporations filing documents for nonprofit corporations under Title 13-B.

CHAPTER 270: Rules for Limited Partnerships under Title 31, Chapter 19
STATUTORY AUTHORITY: 31 MRSA §1456.
PURPOSE: The Secretary of State may find it necessary to update and clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to October, 2008.
AFFECTED PARTIES: Any customer of the Division of Corporations filing documents for limited partnerships.

CHAPTER 280: Rules for Marks Registered under Title 10, Chapter 301-A
STATUTORY AUTHORITY: 10 MRSA §1527-A, sub-§1.
PURPOSE: The Secretary of State may find it necessary to update and clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to October, 2008.
AFFECTED PARTIES: Any customer of the Division of Corporations filing documents for a mark in the State of Maine.

CHAPTER 290: Rules for Limited Liability Companies under Title 31, Chapter 13
STATUTORY AUTHORITY: 31 MRSA §612.
PURPOSE: The Secretary of State may find it necessary to update and clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to October, 2008.
AFFECTED PARTIES: Any customer of the Division of Corporations filing documents for limited liability companies.

CHAPTER 401: Model Rules for Uniform Commercial Code Title 11, Article 9-A
STATUTORY AUTHORITY: 11 MRSA §9-1526.
PURPOSE: The Secretary of State may find it necessary to update and clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to October, 2008.
AFFECTED PARTIES: Any interested person wishing to file UCC liens or requesting information on filed UCC liens.

CHAPTER 505: Rules for Voter List Maintenance Procedures under Title 21-A
STATUTORY AUTHORITY: 21-A MRSA §161, sub-§2.
PURPOSE: The statutory authority for this chapter was repealed effective 9/21/2005. The Secretary of State will repeal this chapter.
ANTICIPATED SCHEDULE: Prior to October, 2008.
AFFECTED PARTIES: All municipalities in the State of Maine as well as newly registered voters and registered voters who wish their names to be removed from their respective voter registration lists.

CHAPTER 506: Rules for the Change of Address Confirmation Card, Voter Registration Acknowledgment Notice and Address Verification Notice under Title 21-A
STATUTORY AUTHORITY: 21-A MRSA §162-A, sub-§3.
PURPOSE: The statutory authority for this chapter was repealed effective 9/21/2001. The Secretary of State will repeal this chapter.
ANTICIPATED SCHEDULE: Prior to October, 2008.
AFFECTED PARTIES: All municipalities in the State of Maine.

CHAPTER 510: Administrative Complaint Procedure for Title III of the Help America Vote Act of 2002 (HAVA)
STATUTORY AUTHORITY: 21-A MRSA §222.
PURPOSE: The Secretary of State may find it necessary to update and clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to October, 2008.
AFFECTED PARTIES: Any person who wishes to file a complaint alleging a violation of HAVA.

CHAPTER 520: Rules Regarding Publication of Public Comments on Statewide Referenda
STATUTORY AUTHORITY: 1 MRSA §354.
PURPOSE: The Secretary of State may find it necessary to update and clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to October, 2008.
AFFECTED PARTIES: Any individuals or organizations desiring to have their comments on constitutional resolutions and statewide referenda published by the Secretary of State.

CHAPTER 700: Rules Governing Eligibility and Procedures for Appointment and Renewal of Commissions of Notaries Public
STATUTORY AUTHORITY: 5 MRSA §82.
PURPOSE: The Secretary of State may find it necessary to update and clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to October, 2008.
AFFECTED PARTIES: Any person applying for a notary public commission or renewing the commission.

CHAPTER 800: Procedures for the Electronic Filing of Rules
STATUTORY AUTHORITY: 5 MRSA §8056, sub-§8.
PURPOSE: Now that all rule chapters have been converted to electronic text format, Ch. 800 may be revised to focus on the ongoing processing and maintenance of rules. The changes are minor in nature and intended to mirror current practice. For example, because of advances in file storage technology, there is no longer a need to specify filename formats. Technical requirements such as page numbering and graphical file formats will also be simplified.
ANTICIPATED SCHEDULE: Prior to October, 2008.
AFFECTED PARTIES: All rulemaking agencies.

CHAPTER 900: Administration of Address Confidentiality Program
STATUTORY AUTHORITY: 5 MRSA §90-B, sub-§8.
PURPOSE: The Secretary of State may find it necessary to update and clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to October, 2008.
AFFECTED PARTIES: Victims of domestic abuse, sexual assault or stalking who wish to limit access to their addresses.

CHAPTER (NEW): Rules for the Sale of Informational Publications to Notaries Public
STATUTORY AUTHORITY: 5 MRSA §82-A, sub-§1.
PURPOSE: The Secretary of State may find it necessary to adopt rules for the sale of informational publications to notaries public and establish a fee schedule for the same.
ANTICIPATED SCHEDULE: Prior to October, 2008.
AFFECTED PARTIES: All interested persons who wish to be commissioned as notaries public and all presently commissioned notaries public.

CHAPTER (NEW): Authority to Adopt or Amend Rules to Specify the Reportable Categories or Types of and the Procedures And Forms for Reporting and to Administer 5 MRSA §19
STATUTORY AUTHORITY: 5 MRSA §19 sub-§5.
PURPOSE: The Secretary of State may find it necessary to adopt rules to specify the reportable categories or types and the procedures and forms for reporting.
ANTICIPATED SCHEDULE: Prior to October, 2008.
AFFECTED PARTIES: Major policy-influencing executive employees.

CHAPTER (NEW): Rules for Food Security Act filings under Title 5, §90-A
STATUTORY AUTHORITY: 5 MRSA §90-A.
PURPOSE: The Secretary of State may find it necessary to adopt rules for procedures for filing FSA liens and requests for information as well as establishing a fee schedule.
ANTICIPATED SCHEDULE: Prior to October, 2008.
AFFECTED PARTIES: Any interested person wishing to file FSA liens or requesting information on filed FSA liens.

CHAPTER (NEW): Rules for Filing of Documents by Electronic Transmission
STATUTORY AUTHORITY: 10 MRSA §1527-A, sub-§1; 13-B MRSA §106, sub-§5; 13-C MRSA §141; 31 MRSA §1456, sub-§4; 31 MRSA 612, sub-§4; and 31 MRSA §812, sub-§4.
PURPOSE: The Secretary of State may find it necessary to adopt rules to establish procedures for electronic filing of documents with the Division of Corporations.
ANTICIPATED SCHEDULE: Prior to October, 2008.
AFFECTED PARTIES: Any customer wishing to file documents with the Division of Corporations.

CHAPTER (NEW): Rules Regarding Access to the Corporate Database
STATUTORY AUTHORITY: 10 MRSA §1527-C; 13 MRSA §904; 13-B MRSA §1404; 13-C MRSA §142; 31 MRSA §1458; 31 MRSA 614; and 31 MRSA §814.
PURPOSE: The Secretary of State may find it necessary to adopt rules to establish procedures governing access to the Corporate and UCC databases through dial-in modem, public user workstations, and electronic duplicates of the database as well as establishing a fee schedule.
ANTICIPATED SCHEDULE: Prior to October, 2008.
AFFECTED PARTIES: Any customer wishing to gain access to the databases of the Division of Corporations.

CHAPTER (NEW): Rules for Approval of Voting Machines and Electronic Tabulating Systems Used by Municipalities
STATUTORY AUTHORITY: 21-A MRSA §809, sub-§1.
PURPOSE: The Secretary of State and the Attorney General may find it necessary to adopt rules to establish criteria and the process for the approval of voting machines and electronic tabulating systems as well as standards for removing approval for machine(s) or system(s) that do not continue to meet the approval criteria.
ANTICIPATED SCHEDULE: Prior to October, 2008.
AFFECTED PARTIES: Any municipality that may want to use new voting machines and electronic voting systems.

CHAPTER (NEW): Rules for the Use of Voting Machines and Electronic Tabulating Systems
STATUTORY AUTHORITY: 21-A MRSA §§ 813 and 844.
PURPOSE: The Secretary of State may find it necessary to adopt rules relating to the use of voting machines and electronic tabulating systems.
ANTICIPATED SCHEDULE: Prior to October, 2008.
AFFECTED PARTIES: Municipalities using voting machines and electronic tabulating systems.

CHAPTER (NEW): Rules Relating to Initiative and People’s Veto Questions
STATUTORY AUTHORITY: 21-A MRSA §901, sub-§4.
PURPOSE: The Secretary of State may find it necessary to adopt rules to establish guidelines for the wording of initiative and people’s veto questions as well as allowing the Secretary of State to clarify the wording of the questions as they appear on the petitions and ballots.
ANTICIPATED SCHEDULE: Prior to October, 2008.
AFFECTED PARTIES: Anyone initiating legislation or a people’s veto question, and the voters of the State of Maine, by assuring that initiative and people’s veto questions are written in a clear and concise manner.

CHAPTER (NEW): Rules for the Implementation and Administration of a Centralized Voter Registration System
STATUTORY AUTHORITY: 21-A MRSA §194.
PURPOSE: The Secretary of State may find it necessary to adopt rules to assist with the implementation and administration of a central voter registration system including the pricing, accessibility and availability of information contained in the database.
ANTICIPATED SCHEDULE: Prior to October, 2008.
AFFECTED PARTIES: All municipalities, candidates and political parties.

CHAPTER (NEW): Rules for Digital Signatures
STATUTORY AUTHORITY: 10 MRSA §9503.
PURPOSE: The Secretary of State may find it necessary to adopt rules to establish common requirements for the use of digital signatures in electronic transactions filed with state agencies.
ANTICIPATED SCHEDULE: Prior to October, 2008.
AFFECTED PARTIES: State agency customers desiring to file electronic transactions which require a digital signature.

AGENCY UMBRELLA-UNIT-NUMBER: 29-255
AGENCY NAME: Maine State Archives

CONTACT PERSON: Nina M. Osier, 84 State House Station, Augusta, ME 04333-0084. Tel: 207-287-5799. E-mail: Nina.Osier@Maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2007 - 2008 RULE-MAKING ACTIVITY:

CHAPTER 10: Rules for Disposition of Local Government Records
STATUTORY AUTHORITY: 5 MRSA §95-B ¶7
PURPOSE: These rules set retention periods and provide disposition authorization for the records of local government agencies. They will be amended to provide retention periods and disposition authorization for records not now covered; clarify standards for approval of alternative repositories for local government records; clarify standards for use of commercial records centers to store local government records; clarify standards for records vault construction, clarify media suitable for retention of permanently valuable records; and clarify procedures for destruction of local government records.
SCHEDULE FOR ADOPTION: Spring 2008.
AFFECTED PARTIES: Municipal and County officials; school and special district officials; general public seeking access to these records; nonprofit organizations such as libraries and historical societies, which may be designated as alternative repositories for local government records; operators of commercial records centers.