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Home > Agendas > 2008-2009 > Department of Administrative and Financial Services

2008-2009 Regulatory Agendas

18
Department of Administrative and Financial Services


125: Bureau of Revenue Services
134: State Capitol Planning Commission
185: State Claims Commission
364: State Liquor and Lottery Commission
389: Bureau of Human Resources
553: Bureau of Alcoholic Beverages and Lottery Operations
554: Bureau of General Services


AGENCY UMBRELLA-UNIT NUMBER: 18-125
AGENCY NAME: Department of Administrative and Financial Services, Bureau of Revenue Services

CONTACT PERSON: John W. Sagaser, General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Tel. (207) 624-9536

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2008-2009 RULE-MAKING ACTIVITY:

CHAPTER 101: Calculation of Interest
STATUTORY AUTHORITY: 36 M.R.S.A. §§ 112, 186
PURPOSE: To update and clarify the rule.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: All Maine taxpayers.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 102: Electronic Funds Transfer
STATUTORY AUTHORITY: 36 M.R.S.A. §§ 112, 193
PURPOSE: To update and clarify the rule.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: All Maine taxpayers who electronically transfer funds to Maine Revenue Services.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 103: Recordkeeping and Retention
STATUTORY AUTHORITY: 36 M.R.S.A. §§ 112, 135
PURPOSE: To update and clarify the rule.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: All Maine taxpayers.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 104: Electronic Filing of Maine Tax Returns
STATUTORY AUTHORITY: 36 M.R.S.A. §193
PURPOSE: To update and clarify the rule.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: All Maine taxpayers who electronically file Maine tax returns with Maine Revenue Services.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 201: Rules of Procedure Used to Develop State Valuation
STATUTORY AUTHORITY: 36 M.R.S.A. §§ 112, 201, 208
PURPOSE: To update and clarify the rule.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: Maine municipalities, the unorganized territory, and their residents.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 202: Tree Growth Tax Law Valuations
STATUTORY AUTHORITY: 36 M.R.S.A. §§ 112, 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. 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 conversion or over-harvesting of forestlands due to property tax burdens.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: All Maine taxpayers with land classified under Tree Growth Tax Law and municipal assessors.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 205: Certification of Assessors
STATUTORY AUTHORITY: 36 M.R.S.A. §§ 112, 310 - 314
PURPOSE: To update and clarify the rule.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: Maine municipalities, the unorganized territory, and their residents.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 207: Real Estate Transfers
STATUTORY AUTHORITY: 36 M.R.S.A. §§ 112, 4641-E
PURPOSE: To update and clarify the rule.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: Purchasers and sellers of real estate.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 208: Revaluation Guidelines
STATUTORY AUTHORITY: 36 M.R.S.A. §§ 112, 328, 330 and 331
PURPOSE: To update and clarify the rule.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: Maine municipalities, the unorganized territory, and their residents.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 301: Sales for Resale and Sales of Packaging Materials
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: To update and clarify rule.
ANTICIPATED SCHEDULE: By February 2009.
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: To update and clarify the rule.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: All organizations and entities exempt from sales and use tax pursuant to 36 M.R.S.A. §1760 and persons making sales to exempt organizations.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 303: Sales to Industrial Users
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: To update and clarify the rule.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: Purchasers and sellers of equipment used in production.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 304: Returns and Payments
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: To update and clarify the rule.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: All Maine taxpayers subject to Sales and Use Tax.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 308: Direct Payment Permits
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: To update and clarify the rule.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: All holders of direct payment permits (limited to certain utilities and manufacturers).
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 313: Classified Permits
STATUTORY AUTHORITY: 36 M.R.S.A. §§ 112, 1951-A
PURPOSE: To update and clarify rule.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: Maine retailers.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 318: Instrumentalities of Interstate or Foreign Commerce
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: To update and clarify the rule.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: Owners of vehicles, railroad rolling stock, aircraft and watercraft that are placed in use by the owner as an instrumentality of interstate or foreign commerce.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 321: Meals Provided in the Wild
STATUTORY AUTHORITY: 36 M.R.S.A. §112; P.L. 1985 c.535, §29.
PURPOSE: To update and clarify the rule.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: Persons licensed as outfitters or guides by the Department of Inland Fisheries and Wildlife.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 323: Commercial Agricultural Production and Commercial Fishing
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: To update and clarify the rule.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: All Maine taxpayers engaged in commercial agriculture, commercial aquaculture, and commercial fishing.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 324: Reimbursement of Certain Taxes Relating to Advanced Communications Technology Infrastructure
STATUTORY AUTHORITY: 36 M.R.S.A. §112, §2017(7)
PURPOSE: To update and clarify the rule.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: All Maine taxpayers.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 401: Service Provider Tax – Return and Payment of Tax
STATUTORY AUTHORITY: 36 M.R.S.A. §§ 112, 2554
PURPOSE: To update and clarify the rule.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: All Maine taxpayers subject to the service provider tax.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTERS 501 and 504: Fuel Tax Rules
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: To update and clarify all rules relating to fuel taxes.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: Fuel users and suppliers
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 601: Estate Tax
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: To update and clarify the rule.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: All Maine taxpayers subject to the Maine estate tax.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 703: Exempt Sales of Cigarettes
STATUTORY AUTHORITY: 36 M.R.S.A. §§ 112, 4379
PURPOSE: To update and clarify the rule.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: Cigarette distributors and dealers.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 801: Apportionment of Income
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: To update and clarify the rule.
ANTICIPATED SCHEDULE: By February 2009.
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 update and clarify the rule.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: Partnerships, limited liability companies, S corporations, trusts with nonresident members and certain employers and payroll processors.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 805: Composite Filing
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: To update and clarify the rule.
ANTICIPATED SCHEDULE: By February 2009.
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: Nonresident Individual Income Tax
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: To update and clarify the rule.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: Nonresident individual taxpayers.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 808: Corporate Income Tax Nexus
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: To update and clarify the rule.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: Corporations subject to Maine income tax.
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 issues regarding pass-through entities, insurance companies, and financial institutions that are part of an affiliated group operating in a unitary fashion and to generally update and clarify the rule.
ANTICIPATED SCHEDULE: By February 2009.
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 update and clarify the rule.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: Maine residents who qualify for the Maine Residents Property Tax Program.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

NEW RULE: Insurance Premiums Tax
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: To clarify the operation of Maine’s Insurance Premiums Tax.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: Insurance companies doing business in Maine.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

NEW RULE: Pine Tree Development Zones
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: To clarify the process that the State Tax Assessor will use to administer the Sales Tax exemption, Sales Tax Reimbursement, the Income Tax credit, the Insurance Premiums Tax credit, and the employee withholding tax reimbursement.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: Qualified Pine Tree Development Zone businesses and certain contractors and subcontractors incorporating tangible personal property into realty of such businesses.
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); to address taxation of casual rentals.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: Students and employees renting living quarters.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

NEW RULE: Reporting of Certain Sales of Tobacco Products
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: To clarify 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 February 2009.
AFFECTED PARTIES: The State and all Maine taxpayers.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

NEW RULE: Advisory Rulings
STATUTORY AUTHORITY: 5 M.R.S.A. §9001; 36 M.R.S.A. §112
PURPOSE: To prescribe the procedure for the submission, consideration and disposition of requests for advisory rulings.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: All Maine taxpayers and taxpayer representatives.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

NEW RULE: Protective Claims for Refunds
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: To prescribe the procedure for persons to submit a protective refund claim and the conditions necessary for the claim to remain in force.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: All Maine taxpayers.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

NEW RULE: Job Creation Through Educational Opportunity Program Tax Credits
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: To provide guidance regarding tax credits under 36 M.R.S.A. § 5217-D.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: All Maine taxpayers and tax preparers.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

NEW RULE: Business Equipment Property Tax Exemption and Reimbursement
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: To provide guidance regarding business equipment tax exemptions under Title 36, Chapter 105, Subchapter 4-C and business equipment tax reimbursements under Title 36, Chapter 915.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: All Maine taxpayers using business equipment.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

NEW RULE: Employment Tax Increment Financing
STATUTORY AUTHORITY: 36 M.R.S.A. §§ 112, 6759
PURPOSE: To provide guidance regarding state income withholding tax reimbursement under Title 36, Chapter 917.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: All Maine taxpayers applying for state income withholding reimbursement.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

NEW RULE: Soft Drink and Syrup Tax
STATUTORY AUTHORITY: 36 M.R.S.A. §112
PURPOSE: To provide guidance regarding state tax under Title 36, Chapter 720.
ANTICIPATED SCHEDULE: By February 2009.
AFFECTED PARTIES: Taxpayers selling soft drinks and syrup.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated




AGENCY UMBRELLA-UNIT NUMBER: 18-134
AGENCY NAME: State Capitol Planning Commission

CONTACT PERSON: Chip Gavin, Director, Bureau of General Services, 77 State House Station, Augusta, Maine 04333. Tel. (207) 624-7344 chip.gavin@maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

CONSENSUS-BASED RULE DEVELOPMENT: None contemplated.

EXPECTED 2008-2009 RULE-MAKING ACTIVITY:

CHAPTER 1
STATUTORY AUTHORITY: 5 MRSA §298
PURPOSE Amend this rule to improve the definition of zones within the Capitol Planning District, define uses within those zones, and set out new construction and site development guidelines for each of the zones within the District.
ANTICIPATED SCHEDULE Possible amendment prior to October 2009
AFFECTED PARTIES The City of Augusta, the Bureau of General Services, State agencies, developers and property owners within the District boundaries.




AGENCY UMBRELLA-UNIT NUMBER: 18-185
AGENCY NAME: State Claims Commission

CONTACT PERSON: Pamela Strong, DFPS. (207) 624-7411.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

CONSENSUS-BASED RULE DEVELOPMENT: None contemplated.

EXPECTED 2008-2009 RULE-MAKING ACTIVITY:

No rule-making activity is planned for the upcoming year.




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

CONTACT PERSON: Dan A. Gwadosky, 8 State House Station, Augusta, ME 04333.
207-287-8289 dan.gwadosky@maine.gov

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 2008-2009 RULE-MAKING ACTIVITY:

CHAPTER 1
TITLE: Maine State Lottery
STATUTORY AUTHORITY: 8 M.R.S.A. §374
PURPOSE: To establish such rules as necessary for the operation of the Maine State Lottery including types of games offered, subscriptions, 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 commission of ticket agents.
SCHEDULE FOR ADOPTION: Prior to October 2009.
LIST OF AFFECTED PARTIES: Licensed Lottery Agents and the Public.
CONSENSUS-BASED RULE DEVELOPMENT: None contemplated.

CHAPTER 2
TITLE Powerball
STATUTORY AUTHORITY 8 MRSA §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 October 2009.
LIST OF AFFECTED PARTIES Licensed Lottery Agents and the Public.
CONSENSUS-BASED RULE DEVELOPMENT None contemplated.




AGENCY UMBRELLA-UNIT NUMBER: 18-389
AGENCY NAME: Department of Administrative and Financial Services, Bureau of Human Resources

CONTACT PERSON: J. Thaddeus Cotnoir, Public Service Coordinator I, 4 State House Station, Augusta, ME 04333-0004. (207) 624-7799. thaddeus.cotnoir@maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2008-2009 RULE-MAKING ACTIVITY:

CHAPTER 1: PURPOSE, ADOPTION AND AMENDMENT OF RULES AND DEFINITION OF TERMS
STATUTORY AUTHORITY: 5 MRSA, §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, 2009
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 MRSA, §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, 2009
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 MRSA, §§ 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, 2009
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 MRSA, §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, 2009
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 MRSA, §§ 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, 2009
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 MRSA, §§ 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, 2009
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 MRSA, §§ 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, 2009
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 MRSA §§ 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, 2009
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 MRSA, §§ 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, 2009
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 MRSA, §§ 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, 2009
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 MRSA, §§ 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, 2009
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 MRSA, §§ 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, 2009
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 MRSA §§ 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, 2009
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 MRSA §§ 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, 2009
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 MRSA §§ 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, 2009
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: 18-553
AGENCY NAME: Bureau of Alcoholic Beverages and Lottery Operations

CONTACT PERSON: Dan A. Gwadosky, 8 State House Station, Augusta, ME 04333. 207-287-6756. dan.gwadosky@maine.gov

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 2008 – 2009 RULE-MAKING ACTIVITY:

CHAPTER 2
TITLE: 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 October 2009.
LIST OF AFFECTED PARTIES: Agency liquor stores and licensees; wholesaler distributor of spirits and fortified wines.
CONSENSUS-BASED RULE DEVELOPMENT: None contemplated.




AGENCY UMBRELLA-UNIT NUMBER: 18-554
AGENCY NAME:, Department of Administrative and Financial Services, Bureau of General Services

CONTACT PERSON: Chip Gavin, Director, Bureau of General Services, 77 State House Station, Augusta, Maine 04333. Tel. (207) 624-7344 chip.gavin@maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

CONSENSUS-BASED RULE DEVELOPMENT: None contemplated.

EXPECTED 2008-2009 RULE-MAKING ACTIVITY:

CHAPTER 1
STATUTORY AUTHORITY: 5 MRSA §1742(6)
PURPOSE To amend the rule governing procurement of architectural and engineering services.
ANTICIPATED SCHEDULE: Possible amendments prior to October 2009.
AFFECTED PARTIES: Architects, engineers, owner agencies.

CHAPTER 2
STATUTORY AUTHORITY: 5 M.R.S.A. §1742 (6-A)
PURPOSE: To amend or delete the rule regarding codes due to recent statute on statewide building codes.
ANTICIPATED SCHEDULE: Possible amendment or deletion prior to October 2009.
AFFECTED PARTIES: Architects, engineers, construction industry, owner agencies.

CHAPTER 3
STATUTORY AUTHORITY: 5 MRSA §1764
PURPOSE To amend or delete the rule governing life cycle cost analysis due to recent statute on statewide building codes.
ANTICIPATED SCHEDULE: Possible amendment or deletion prior to October 2009.
AFFECTED PARTIES: Architects, engineers, owner agencies.

CHAPTER 4
STATUTORY AUTHORITY: 5 M.R.S.A. §1742(24)
PURPOSE: To amend or delete the rule regarding ventilation code due to recent statute on statewide building codes.
ANTICIPATED SCHEDULE: Possible amendment or deletion prior to October 2009.
AFFECTED PARTIES: Architects, engineers, construction industry, owner agencies.

CHAPTER 6
STATUTORY AUTHORITY: 25 M.R.S.A. §2702-A
PURPOSE: To delete rule regarding accessibility standards due to it being superseded by more recent statute.
ANTICIPATED SCHEDULE: Possible deletion prior to October 2009.
AFFECTED PARTIES: Architects, engineers, owner agencies.

CHAPTER 8
STATUTORY AUTHORITY: 5 M.R.S.A. §1743
PURPOSE: To amend the alternative delivery methods.
ANTICIPATED SCHEDULE: Possible amendments prior to October 2009
AFFECTED PARTIES Construction industry, architects, engineers, owner agencies.

CHAPTER 11
STATUTORY AUTHORITY 5 M.R.S.A. §1742(6)
PURPOSE: To amend the Single Source Procurement of Services
ANTICIPATED SCHEDULE: Possible amendments prior to October 2009
AFFECTED PARTIES Construction industry, architects, engineers, owner agencies.

CHAPTER 60
STATUTORY AUTHORITY: 5 M.R.S.A. §1764-A
PURPOSE: To amend or delete rule due to recent statute on statewide building codes.
ANTICIPATED SCHEDULE: Possible amendment or deletion prior to October 2009
AFFECTED PARTIES: Contractors, architects, engineers, owner agencies

CHAPTER 100
STATUTORY AUTHORITY: 5 M.R.S.A. §1826A. et seq.
PURPOSE: To amend the rule regarding the Work Center Purchases Committee.
ANTICIPATED SCHEDULE: Possible amendments prior to October 2009
AFFECTED PARTIES: Work centers bidding to provide services to the State.

CHAPTER 101
STATUTORY AUTHORITY: 5 M.R.S.A. §1813 (8), in conjunction with 5 M.R.S.A. §1825-B, Bids, awards, and contracts, Subsection 7, Awards to best-value bidder.
PURPOSE: To amend the rule prohibiting state agencies from entering into contracts with entities determined by the State Purchasing Agent not to be a responsible bidder.
ANTICIPATED SCHEDULE: Possible amendments prior to October 2009
AFFECTED PARTIES: Bidders bidding to provide services to the State.

CHAPTER 110
STATUTORY AUTHORITY: 5 M.R.S.A. §1825-C.
PURPOSE: To amend the rule governing e-commerce in the competitive bidding process.
ANTICIPATED SCHEDULE: Possible amendments prior to October 2009
AFFECTED PARTIES: Bidders bidding to provide, and Contactors providing, services to the State.

CHAPTER 120
STATUTORY AUTHORITY: 5 M.R.S.A. §1825-H
PURPOSE: To amend the rule regarding the selection of appeal panelists.
ANTICIPATED SCHEDULE: Possible amendments prior to October 2009
AFFECTED: PARTIES Bidders bidding to provide, and Contactors providing, services to the State.

CHAPTER 130
STATUTORY AUTHORITY: 5 M.R.S.A. §1825-B and §1825-O
PURPOSE: To amend the rule regarding State purchasing code of conduct consistent with Public Law 2007, Chapter 193.
ANTICIPATED SCHEDULE: Possible amendments prior to October 2009
AFFECTED PARTIES: Venders bidding to provide apparel, footwear, or textiles to the State.

CHAPTER 155
STATUTORY AUTHORITY: 5 M.R.S.A. §1816-A(2)(I)
PURPOSE: To amend the rule regarding Personal Services Contracting
ANTICIPATED SCHEDULE: Possible amendments prior to October 2009
AFFECTED PARTIES: Vendors bidding to provide temporary personnel to the State.

NEW CHAPTER: Vendor Fee (State Purchasing Code of Conduct)
STATUTORY AUTHORITY: 5 M.R.S.A. §1825-B(12)
PURPOSE: To establish a rule for the collection of a fee in an amount equal to 1% of the bid from suppliers of apparel, footwear, or textiles.
ANTICIPATED SCHEDULE: Possible adoption prior to October 2009
AFFECTED PARTIES: Vendors selected to provide apparel, footwear, or textiles to the State.