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Home > Agendas > 2008-2009 > Treasurer of State

2008-2009 Regulatory Agendas

26
Attorney General


239: Office of the Attorney General
550: Victims' Compensation Board



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

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: see C, below.

EXPECTED 2008-2009 RULE-MAKING ACTIVITY:

CHAPTER 107: Unfair Trade Practice Rules
STATUTORY AUTHORITY: 5 M.R.S.A. §207(2) (The Maine Unfair Trade Practices Act)
PURPOSE: The Office of the Attorney General expects that these Rules will deal with the following areas:
1. The deceptive use of personal mail boxes that confuses consumers regarding the location of a business.
ANTICIPATED SCHEDULE: Promulgation anticipated to begin in late 2008.
AFFECTED PARTIES: Consumers and direct mail marketers.
2. Home heating oil deliveries. This rule has been in place for some time and may need to be amended in light of current circumstances.
ANTICIPATED SCHEDULE: Promulgation anticipated to begin in Summer 2008.
AFFECTED PARTIES: Consumers and oil dealers.
3. Registration and reporting of clinical trials. We have had requests from National Institute of Health and pharmaceutical companies to further refine these rules.
ANTICIPATED SCHEDULE: Promulgation anticipated to begin in Fall 2008.
AFFECTED PARTIES: Consumers and pharmaceutical companies that sell, distribute or dispense drugs in Maine.
4. Sale of propane, in particular regulating the disclosure of price and other fees such as removal fees.
ANTICIPATED SCHEDULE: Promulgation anticipated to begin late 2008 or early 2009.
AFFECTED PARTIES: Consumers and propane dealers.
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 & AMENDMENT TO CHAPTER 107: Data Security Breach Rules
STATUTORY AUTHORITY: 10 M.R.S.A. §1350-A and 5 M.R.S.A.§207(2)
PURPOSE: This rule will implement the data security breach statute, and provide guidance to businesses and state agencies on their responsibility to keep consumers’ personally identifying information secure and their responsibilities when that security has been breached.
ANTICIPATED SCHEDULE: Promulgation is anticipated to begin in 2009.
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 M.R.S.A. §2421, Forfeiture of Motor Vehicles for OUI; 17-A M.R.S.A. §285, Forfeiture of Equipment Used to Facilitate Violations.
PURPOSE: Chapter 2 currently implements certain asset forfeiture provisions of the Maine Asset Forfeiture Law, 15 M.R.S.A. §§ 5821 et seq. Chapter 2 is being amended to adopt rules in two specific areas in which forfeiture is authorized:
1) Rules required by statute for the disposition to state, county, or municipal agencies of motor vehicles forfeited to the State after conviction of certain operating under the influence and operating after suspension offenses; and
2) Rules authorized by statute to provide guidelines for the disposition and use of equipment, including computers, forfeited pursuant to 17-A M.R.S.A. §285 upon a finding of guilty of any violation of Title 17-A, Chapter 12, Sexual Exploitation of Minors.
ANTICIPATED SCHEDULE: Promulgation to begin during the winter of 2008-09.
AFFECTED PARTIES: State, county and municipal law enforcement agencies to which motor vehicles, equipment or proceeds may be distributed.
CONSENSUS-BASED RULE DEVELOPMENT: The rules contemplated by 29-A M.R.S.A. §2421 are technically required to implement a statute. In both instances, the rules would track existing procedures of long-standing for the disposition of forfeited assets. This Office anticipates consulting with representatives of law enforcement agencies regarding the proposed amendments.
CONTACT PERSON: Laura Yustak Smith, Assistant Attorney General, Tel: (207) 626-8803, and William Savage, Assistant Attorney General, Tel: (207) 626-8804; Mailing Address: 6 State House Station, Augusta, ME 04333-0006.

CHAPTER 10: Rules for Exemptions to the Ban on Flavored Cigarettes and Cigars
STATUTORY AUTHORITY: and 22 M.R.S.A. §1560-D(5) and (9) (as amended by P.L. 2007, ch. 612).
PURPOSE: Amend Chapter 10’s exemption application provisions to track the recently amended statutory language in 22 M.R.S.A. §1560-D(5).
ANTICIPATED SCHEDULE: The Office has adopted a version of this rule on an emergency basis in order to allow ample time for manufacturers to apply for exemptions subject to the current criteria prior to the effective date of the statutory ban on the sale of flavored cigarettes and cigars. These Emergency Rules became effective on July 2, 2008. In conjunction with the Emergency Rules, the proposed amendments have also been published and public comment is being taken pursuant to the MAPA’s standard major substantive rulemaking provisions. Once provisionally adopted by the Attorney General, the non-emergency major substantive rule amendments will be presented to the Legislature for review and approval during the upcoming session.
AFFECTED PARTIES: Tobacco Manufacturers.
CONSENSUS-BASED RULE DEVELOPMENT: The rules contemplated by 22 M.R.S.A. §1560-D(5) and (9) are required to implement the statute. The amendments described here have already been adopted as emergency rules and the permanent rulemaking process has been initiated by issuance of the required public notice. Comments by tobacco manufacturers and any other interested person will be considered in the major substantive rulemaking process.
CONTACT PERSON: John Archard, Tobacco Enforcement Coordinator, Tel: (207) 626-8837; Mailing Address: 6 State House Station, Augusta, ME 04333-0006.



550: Victim’s Compensation Board

AGENCY UMBRELLA-UNIT NUMBER: 26-550
AGENCY NAME: Office of the Attorney General, Victims' Compensation Board

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2008-2009 RULE-MAKING ACTIVITY:

CHAPTER 6: Rules Regarding Limitations on Compensation
STATUTORY BASIS: The rules are authorized by 5 M.R.S.A. §3360-A(7)
PURPOSE: The rules of this chapter describe the extent and limits of benefits available under the Victims' Compensation Fund statute, as amended. The Board anticipates expansion of benefits in certain areas. These rules may be revised and updated as needed due to law or policy changes.
ANTICIPATED SCHEDULE: These rules may be amended during 2009.
AFFECTED PARTIES: It is anticipated these rules will affect crime victims in Maine who apply for benefits from the Victims' Compensation Fund.
CONSENSUS-BASED RULE DEVELOPMENT: Although we will continue to consult with interested parties, no formal consensus rule-making is anticipated.
CONTACT PERSON: Deborah Shaw Rice, Director, Victims’ Compensation Program, #6 State House Station, Augusta, Maine, 04333-0006. Tel.: (207) 626-8589. E-mail: Deb.Rice@Maine.gov