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Home > Agendas > 2008-2009 > P&FR > Office of Licensing and Registration

2008-2009 Regulatory Agendas

02-041
Office of Licensing and Registration

AGENCY UMBRELLA-UNIT NUMBER: 02-041
AGENCY NAME: Department of Professional and Financial Regulation, 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


General

AGENCY UMBRELLA-UNIT NUMBER: 02-041
AGENCY NAME: Department of Professional & Financial Regulation, Office of Licensing & Registration, General

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

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2008-2009 RULE-MAKING ACTIVITY:

Chapter 10: Establishment of License Fees (amendment)
STATUTORY AUTHORITY: 10 MRSA §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.
SCHEDULE FOR ADOPTION: Variable.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

Chapter 11: Late Renewals
STATUTORY AUTHORITY: 10 MRSA §8003(2-A)(E)
PURPOSE: Amendment of rule as necessary in light of experience.
SCHEDULE FOR ADOPTION: Variable.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

Chapter 13: Uniform Procedures for Substantiating Continuing Education Requirements
STATUTORY AUTHORITY: 10 MRSA §8003(2-A)(E)
PURPOSE: Amendment of rule as necessary in light of experience.
SCHEDULE FOR ADOPTION: Variable.
AFFECTED PARTIES: Licensees, board staff, board members.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

Chapter xx: Uniform Complaint Procedures
STATUTORY AUTHORITY: 10 MRSA §8003(2-A)(E)
PURPOSE: Establishment of a uniform complaint procedure for all the OLR programs.
SCHEDULE FOR ADOPTION: Variable.
AFFECTED PARTIES: Complainant, licensees, board staff, board members.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

Chapter xx: Uniform Policy on Protested Checks
STATUTORY AUTHORITY: 10 MRSA §8003(2-A)(E)
PURPOSE: Establishment of a uniform policy for all OLR programs regarding bounced checks.
SCHEDULE FOR ADOPTION: 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 xx: No specific title – see description of purpose below
STATUTORY AUTHORITY: 10 MRSA §8003(2-A)(E)
PURPOSE: “To establish by rule, such processes and procedures necessary to administer the various boards, commissions and regulatory functions of the office…”
SCHEDULE FOR ADOPTION: Variable.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

_____________

Athletic Trainers

AGENCY UMBRELLA-UNIT NUMBER: 02-041
AGENCY NAME: Department of Professional and Financial Regulation, Office of Licensing and Registration, Athletic Trainers

CONTACT PERSON: Elaine Thibodeau, Program Administrator, Office of Licensing and Registration, Dept. of Professional & Financial Regulation, 35 State House Station, Augusta, ME 04333. Tel. 207/624-8617. E-mail: elaine.m.thibodeau@Maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2008-2009 RULE-MAKING ACTIVITY: Currently no rules exist for this program; however, national standards may emerge from future recommendations by the National Athletic Trainer Association’s Board of Certification, and which may be determined to be appropriate to adopt in Maine. Additional changes may ensue from future legislation.

CHAPTER NUMBER: N/A
CHAPTER TITLE: N/A
STATUTORY BASIS: None currently.
PURPOSE: To adopt future national uniform standards, as these emerge.
SCHEDULE FOR ADOPTION: Summer 2009.
AFFECTED PARTIES: Registrants and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

_______________

AGENCY UMBRELLA-UNIT NUMBER: 02-041
AGENCY NAME: Department of Professional and Financial Regulation, Office of Licensing and Registration, Charitable Solicitation

CONTACT PERSON: Elaine Thibodeau, Program Administrator, Office of Licensing and Registration, Dept. of Professional & Financial Regulation, 35 State House Station, Augusta, ME 04333. Tel. 207/624-8617. E-mail: elaine.m.thibodeau@Maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2008-2009 RULE-MAKING ACTIVITY:

CHAPTER NUMBER: 1
CHAPTER TITLE: Registration Applications and Financial Statements
STATUTORY BASIS: 9 MRSA §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 legislation enacted as PL 2005 Chapter 497, rule changes will delete the requirement that Professional Fund-raising Counsel carry a $25,000 surety bond.

Pursuant to legislation enacted as PL 2007 Chapter 402 amending 9 MRSA §5004, sub-§4(A), the renewal notification requirement will be deleted.

In addition, the proper interpretation of the address-disclosure requirement contained in Sections 5004(3)(B) and 5012 will be explained: It is not unusual for a charity that is based out-of-state to disclose only a Maine post office box when soliciting in Maine. A rule clarifying that “fully” disclose (as required by sec. 5012) means that charities, and professional solicitors acting on their behalf, must disclose their principal address (as reported pursuant to sec. 5004(3)(B)) would reduce consumer confusion as to where a charity is located.

Rule changes may arise in response to future legislation emanating from the ongoing “Uniform Law Commission Regulation of Charities Project” of the National Association of State Charity Officials (“NASCO”), which is now getting underway.
SCHEDULE FOR ADOPTION: Summer 2009.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER NUMBER: 2
CHAPTER TITLE: Annual Fundraising Activity Reports
STATUTORY BASIS: 9 M.R.S.A., §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 if clarification is found to be necessary.
SCHEDULE FOR ADOPTION: Summer 2009.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER NUMBER: 3:
CHAPTER TITLE: Enforcement and Disciplinary Procedures
STATUTORY BASIS: 9 M.R.S.A., §5018
PURPOSE: This chapter sets forth the right of an applicant or a licensee to appeal certain regulatory actions. This chapter also specifies the enforcement and disciplinary procedures used by the Office of Licensing & Registration. Rule changes may arise in response to future legislation emanating from the ongoing “Uniform Law Commission Regulation of Charities Project” of the National Association of State Charity Officials (“NASCO”), which is now getting underway.
SCHEDULE FOR ADOPTION: Summer 2009.
AFFECTED PARTIES: Licensees and the general public.Maine Administrative Procedure Act

_______________

AGENCY UMBRELLA-UNIT NUMBER: 02-041
AGENCY NAME: Department of Professional and Financial Regulation, Office of Licensing and Registration, Interpreters and Transliterators of American Sign Language and English

CONTACT PERSON: Elaine Thibodeau, Program Administrator, Office of Licensing and Registration, Dept. of Professional & Financial Regulation, 35 State House Station, Augusta, ME 04333, Tel. 207/624-8617. E-mail: elaine.m.thibodeau@Maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2008-2009 RULE-MAKING ACTIVITY:

CHAPTER NUMBER: 50
CHAPTER TITLE: Definitions
STATUTORY BASIS: 32 MRSA §1522(1)
PURPOSE: This chapter defines certain terms used in these rules. Definitions will be added.
SCHEDULE FOR ADOPTION: Fall 2008.
AFFECTED PARTIES: Applicants, licensees and members of the 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 NUMBER: 51
CHAPTER TITLE: Requirements for Initial Licensure
STATUTORY BASIS: 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 enacted through PL 2005 Chapter 267 amending 32 MRSA §1524 and PL 2007 Chapter 402 amending §1524(A) to permit applicants to qualify by demonstrating a score of 3.5 or higher on the Educational Interpreter Performance Assessment.
SCHEDULE FOR ADOPTION: Fall 2008.
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 NUMBER: 52:
CHAPTER TITLE: License Renewal and Continuing Education
STATUTORY BASIS: 32 MRSA §1522(1)
PURPOSE: This chapter sets forth continuing education requirements and describes the license renewal process. Changes will be made to accommodate: (1) 32 MRSA §59-B pertaining to Hardship Deferments, (2) PL 2005 Chapter 267 amending 32 MRSA §1528(A)(1) to require twenty hours annually of continuing education, and (3) PL 2007 Chapter 402 amending 32 MRSA §1528 to delete the renewal notification requirement in order to facilitate “online renewal.”
SCHEDULE FOR ADOPTION: Fall 2008.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not as per 5 MRSA §8051-B, but through the advisory council established pursuant to 32 MRSA §1522(4).

CHAPTER NUMBER: 53
CHAPTER TITLE: Conversion of Registrants to Licensees
STATUTORY BASIS: 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 will be repealed.
SCHEDULE FOR ADOPTION: Fall 2008.
AFFECTED PARTIES: None.
CONSENSUS-BASED RULE DEVELOPMENT: None.

CHAPTER NUMBER: 54
CHAPTER TITLE: Disclosure Statement
STATUTORY BASIS: 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. In addition, the requirement to file a Disclosure Statement will attach only at the time of initial application and in the event of a change in information, but not on renewal. This easing of the requirement it intended to facilitate “online renewal” of licenses.
ANTICIPATED SCHEDULE: Fall 2008.
AFFECTED PARTIES: Licensees and members of the 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 NUMBER: 55
CHAPTER TITLE: Complaints and Investigations
STATUTORY BASIS: 32 MRSA §1522(1)
PURPOSE: This chapter describes the procedure by which complaints will be handled by the Office of Licensing and Registration. These will be identified as being those contained within the “Administrative Complaint Procedure” of the Office.
ANTICIPATED SCHEDULE: Fall 2008.
AFFECTED PARTIES: Licensees 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

AGENCY UMBRELLA-UNIT NUMBER: 02-041
AGENCY NAME: Department of Professional and Financial Regulation, Office of Licensing and Registration, Massage Therapists

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

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2008-2009 RULE-MAKING ACTIVITY:

CHAPTER NUMBER: 100
CHAPTER TITLE: DEFINITIONS
STATUTORY BASIS: 32 MRSA §14302(2)
PURPOSE: This chapter clarifies wording and professional terms used throughout these rules. Additions may be made to the definitions, if needed.
ANTICIPATED SCHEDULE: Summer 2009.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER NUMBER: 200:
CHAPTER TITLE: General Information
STATUTORY BASIS: 32 MRSA §14302(2)
PURPOSE: This chapter establishes guidelines for the maintenance of records and display of licenses and registrations. Registrations have been replaced by licenses; consequently, some material contained in this chapter is obsolete and should be deleted.
ANTICIPATED SCHEDULE: Summer 2009.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER NUMBER: 300:
CHAPTER TITLE: Licensure/Registration Requirements
STATUTORY BASIS: 32 MRSA §14302(2)
PURPOSE: This chapter sets forth the procedures and requirements for licensure. The title will be changed to delete “Registration,” as this term is obsolete. The Summary will be amended to agree with the chapter’s content. In addition, pursuant to legislation enacted as PL 2007 Chapter 402 amending: (1) 32 MRSA §14306-F, sub-§1, the renewal notification requirement will be deleted.
ANTICIPATED SCHEDULE: Summer 2009.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 400: Complaints and Investigations
STATUTORY BASIS: 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 2009.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.


_______________

Transient Sales

AGENCY UMBRELLA-UNIT NUMBER: 02-041
AGENCY NAME: Department of Professional and Financial Regulation, Office of Licensing and Registration, Transient Sales

CONTACT PERSON: Elaine Thibodeau, Program Administrator, Office of Licensing and Registration, Dept. of Professional & Financial Regulation, 35 State House Station, Augusta, ME 04333. Tel. 207/624-8617. E-mail: elaine.m.thibodeau@Maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2008-2009 RULE-MAKING ACTIVITY: Currently no rules exist for this program; however, rules may become necessary in the future if statutory changes are enacted.

CHAPTER NUMBER: N/A
CHAPTER TITLE: N/A
STATUTORY BASIS: 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.
SCHEDULE FOR ADOPTION: Summer, 2009.
AFFECTED PARTIES: Registrants and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.