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State of Maine

02
Department of Professional and Financial Regulation
1998-99 Regulatory Agenda


02-029: Bureau of Banking
02-029: - Securities Division
02-030: Office of Consumer Credit Regulation
02-031: Bureau of Insurance
02-035: Maine Athletic Commission
02-039: Real Estate Commission
02-041: Office of Licensing and Registration:
02-041: - Charitable Solicitations Act
02-041: - Massage Therapists Registration
02-041: - Registration of Interpreters for the Deaf and Hard-of-Hearing
02-070: State Board of Certification for Geologists and Soil Scientists
02-164: Board of Hearing Aid Dealers and Fitters
02-174: Board of Boiler Rules
02-265: Board of Barbering and Cosmetology
02-280: Board of Accountancy
02-285: State Board of Veterinary Medicine
02-287: Arborist Examining Board
02-288: Maine State Board for Licensure of Architects, Landscape Architects, and Interior Designers
02-296: Board of Examiners on Speech-Language Pathology and Audiology
02-297: Board of Chiropractic Licensure
02-298: Board of Real Estate Appraisers
02-313: Board of Dental Examiners
02-318: Electrician's Examining Board
02-322: State Board of Registration for Professional Engineers
02-331: State Board of Funeral Service
02-333: State Board of Licensure for Professional Foresters
02-343: Board of Respiratory Care Practitioners
02-344: Board of Licensing of Dietetic Practice
02-360: Board of Licensure for Professional Land Surveyors
02-371: Nursing Home Administrators Licensing Board
02-373: Board of Licensure in Medicine (no agenda filed)
02-380: State Board of Nursing
02-381: Oil and Solid Fuel Board
02-382: State Board of Optometry
02-383: Board of Osteopathic Licensure (no agenda filed)
02-384: State Board of Alcohol and Drug Counselors
02-385: Manufactured Housing Board
02-386: Board of Elevator and Tramway Safety (no agenda filed)
02-387: Maine State Pilotage Commission (no agenda filed)
02-392: Board of Commissioners of the Profession of Pharmacy
02-393: Board of Examiners in Physical Therapy
02-395: Plumbers Examining Board
02-396: Board of Licensure of Podiatrists
02-415: Board of Psychologists
02-416: State Board of Social Worker Licensure
02-445: Board of Licensure of Auctioneers
02-465: Radiologic Technology Board of Examiners
02-477: Board of Occupational Therapy Practice
02-502: Board of Complementary Health Care Practitioners
02-514: Board of Counseling Professional Licensure
02-582: Propane and Natural Gas Board


02-029
AGENCY NAME: Bureau of Banking

CONTACT PERSON: Colette L. Mooney, Deputy Superintendent, 36 State House Station, Augusta, ME 04333-0036. Tel: (207) 624-8574

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1998-99 RULEMAKING ACTIVITY:

CHAPTER 101: Retention of Records - Financial Institutions.
STATUTORY AUTHORITY: 9-B M.R.S.A. 225
PURPOSE: This rule sets forth the minimum time frames under which a financial institution must retain its customer transaction records. The Bureau may amend this rule to keep pace with changes in the industry.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: All state-chartered financial institutions and consumers of financial Institutions.

CHAPTER 107: Activities Permissible for Financial Institution Holding Companies.
STATUTORY AUTHORITY: 9-B M.R.S.A. 1014
PURPOSE: This rule identifies permissible closely related activities in which a financial institution may engage either directly or through a subsidiary of a financial institution holding company. The Bureau may amend this rule to keep pace with changes in authorizing state statute, federal rules in this area and the evolution of the financial services industry.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: All state-chartered financial institutions and financial institution holding companies.

CHAPTER 108: Loans Secured by a First Mortgage on Residential Real Estate Payable on Demand.
STATUTORY AUTHORITY: 9-B M.R.S.A. 241
PURPOSE: This rule prohibits the use of demand mortgages for most consumer transactions. The Bureau may amend this rule to keep pace with changes in industry and secondary market standards for sale of mortgages.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Maine consumers of financial services and state-chartered financial institutions.

CHAPTER 109: Advertising by Financial Institutions, Credit Unions, Bank Holding Companies, and Service Corporations.
STATUTORY AUTHORITY: 9-B M.R.S.A. 215,241, and 242
PURPOSE: This rule provides guidance for advertising by financial institutions. The Bureau may amend this rule to keep pace with changes in state/federal rules governing this area.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Maine consumers of financial services and all state-chartered financial institutions.

CHAPTER 118: Deposit Account Disclosures.
STATUTORY AUTHORITY: 9-B M.R.S.A. 241
PURPOSE: This regulation sets forth minimum standards for disclosure of policies and fees charged customers of financial institutions in conjunction with the maintenance and operation of deposit accounts. The Bureau may amend this rule to keep pace with changes in the industry and/or federal rules.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Maine consumers of financial services and state-chartered financial institutions.

CHAPTER 119: Alternative Mortgage Transactions.
STATUTORY AUTHORITY: 9-B M.R.S.A. 111,215, and 241
9-A M.R.S.A. 6-1041
PURPOSE: This joint regulation sets forth the guidelines for regulating alternative mortgage transactions entered into by financial institutions and supervised lenders. The Bureau may amend rule to keep pace with changes in industry and secondary market standards for sale of mortgages.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Maine consumers of financial services and state-chartered financial institutions.

CHAPTER 122: Securities Activities of Subsidiaries of Financial Institutions.
STATUTORY AUTHORITY: 9-B M.R.S.A. 111, 131, and 416
PURPOSE: This rule provides the regulatory framework for financial institutions to engage in certain securities brokerage activities. The Bureau may amend rule to keep pace with changes in industry.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: All state-chartered financial institutions and Maine consumers of financial services.

CHAPTER 123: Insurance Activities in Financial Institutions.
STATUTORY AUTHORITY: 9-B M.R.S.A. 111,241, and 416.
PURPOSE: This rules provides the regulatory framework for financial institutions to enter into lease arrangements with an insurance producer for the distribution of insurance products. The Bureau may amend rule to keep pace with changes in state law and the regulated industry.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: All state-chartered financial institutions and Maine consumers of financial services.

CHAPTER 126: Guaranty Association Lines of Credit (Bureau of Insurance Rule Chapter 570).
STATUTORY AUTHORITY: 9-B M.R.S.A 215 and 24-A M.R.S.A. 212 and 4435
PURPOSE: This joint rule was issued to establish the terms, conditions, standards, and form of any line of credit extended to the Maine Insurance Guaranty Association, Maine Life and Health Insurance Guaranty Association, or any of their member insurers, for purposes of facilitating the prompt payment of covered claims against insolvent insurers. The Bureau may amend this rule to keep pace with changes in the industry.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: All financial institutions and Maine insurance company members of the Maine Insurance Guaranty Association.

CHAPTER 127: Minimum Capital Standards.
STATUTORY AUTHORITY: 9-B M.R.S.A. 412-A
PURPOSE: This regulation sets forth minimum capital requirements for Maine chartered financial institutions. The Bureau may amend this rule to keep pace with changes in federal law and/or the regulated industry.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: All state-chartered financial institutions.

CHAPTER 128: Loans to One Borrower Limitations.
STATUTORY AUTHORITY: 9-B M.R.S.A. 439-A
PURPOSE: This regulation establishes the basis for determining the legal lending limit for all Maine chartered financial institutions, including their subsidiaries. The Bureau may amend this rule to keep pace with changes in federal law and/or the regulated industry.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: All state-chartered financial institutions.

CHAPTER 129: Securities Activities in Financial Institutions.
STATUTORY AUTHORITY: 9-B M.R.S.A. 111, 241, and 416
PURPOSE: This rule provides the regulatory framework for financial institutions and licensed broker-dealers to enter into arrangements for the sale of securities on the premises of the financial institution. The Bureau may amend this rule to keep pace with federal law and/or the regulated industry.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Maine consumers of non-deposit products and all state-chartered financial institutions.

CHAPTER 130: Distribution of Annuities Through Financial Institutions.
STATUTORY AUTHORITY: 9-B M.R.S.A. 443
PURPOSE: This regulation establishes the framework within which a financial institution may sell, or arrange for the sale of, annuities purchased from a licensed insurance company. The Bureau may amend this rule to keep pace with state/federal law.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Maine consumers of non-deposit products and all state-chartered financial institutions.

CHAPTER 131: Semiannual Assessments.
STATUTORY AUTHORITY: 9-B M.R.S.A 214
PURPOSE: This regulation establishes the assessment rate to be applied to Maine chartered financial institutions in order to provide for a reasonable flow of revenue to support Bureau operations. The Bureau may amend this rule to keep pace with changes in the regulated industry.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: All state-chartered financial institutions.

CHAPTER 132: Mutual Holding Companies.
STATUTORY AUTHORITY: 9-B M.R.S.A. 1055
PURPOSE: This rule provides the regulatory framework to permit a mutual financial institution to reorganize into a subsidiary stock savings bank and form a mutual holding company. The Bureau may amend this rule to keep pace with state/federal law.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: All state-chartered mutual and cooperative financial institutions

CHAPTER 133: Leasing of Personal Property by State-Chartered Credit Unions.
STATUTORY AUTHORITY: 9-B M.R.S.A. 111, 215, and 828
PURPOSE: This rule provides the regulatory framework to permit state-chartered credit unions to lease personal property to their members. The Bureau may amend this rule to keep pace with federal law.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Members of state-chartered credit unions and all state-chartered credit unions.

CHAPTER 134: Credit Union Service Corporations.
STATUTORY AUTHORITY: 9-B M.R.S.A. 111, 131(37), 215, and 828
PURPOSE: This regulation authorizes state-chartered credit unions to invest in service corporations that may engage in any activity permissible for a service corporation owned by a federally chartered credit union. The Bureau may amend this rule to keep pace with federal law.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Members of state-chartered credit unions and all state-chartered credit unions.

CHAPTER 135: Permissible Tie-In Arrangements.
STATUTORY AUTHORITY: 9-B M.R.S.A 111, 215, and 243
PURPOSE: This regulation permits a financial institution authorized to do business in Maine to tie certain products/services to those of affiliates as permitted under federal law. The Bureau may amend this rule to keep pace with federal law.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: All state-chartered financial institutions.

CHAPTER 136: Deposit Production Offices.
STATUTORY AUTHORITY: 9-B M.R.S.A. 241
PURPOSE: This regulation sets forth the factors that the Superintendent will consider in determining whether a financial institution or credit union authorized to do business in this State is operating a deposit production office. The Bureau may amend this rule to keep pace with changes on state/federal level.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Maine consumers and businesses and all financial institutions authorized to do business in this state.

CHAPTER 137: Interstate Branch Assessment.
STATUTORY AUTHORITY: 9-B M.R.S.A 214
PURPOSE: This regulation establishes a reasonable fee and timing for assessment of interstate branches. The Bureau may amend this rule to keep pace with changes in the industry.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Any financial institution operating an interstate branch.

CHAPTER 138: Truth-in Lending Regulation Z-2
STATUTORY AUTHORITY: 9-A M.R.S.A. 6-104 and 8-104
PURPOSE: This rule adopts the Federal Truth-in-Lending regulations by reference so as to implement Article VIII of the Maine Consumer Credit Code. The Bureau may engage in joint rulemaking with the Office of Consumer Credit Regulation to amend this rule to keep pace with changes at the federal level and maintain Maine's exemption from Reg. Z.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: All state-chartered financial institutions, supervised lenders, and consumers.

CHAPTER 139: Sale of Insurance Products by Financial Institutions and Supervised Lenders
STATUTORY AUTHORITY: 9-B M.R.S.A. 448
PURPOSE: This rule establishes the requirements with respect to signage, physical location and identification of insurance agencies, producers and consultants in connection with the sale of insurance products by financial institutions, etc. The Bureau may amend this joint rule with Bureau of Insurance and Office of Consumer Credit Regulation to keep pace with changes in the industry and regulatory arena.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Maine consumers and state-chartered financial institutions

CHAPTER: New Rule
STATUTORY AUTHORITY: 9-B M.R.S.A. 842 and 828
PURPOSE: New rule to address powers and duties of the Board of Directors of credit unions.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: All state-chartered credit unions.

CHAPTER: New Rule
STATUTORY AUTHORITY: 9-B M.R.S.A 111 and 1015
PURPOSE: New rule to address applications processing protocol.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: All state-chartered financial institutions.

CHAPTER: New Rule
STATUTORY AUTHORITY: 9-B M.R.S.A. 215
PURPOSE: New rule to address safety and soundness issues essential to the supervision of state-chartered financial institutions.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Maine businesses and consumers of financial services and all state-chartered financial institutions.

CHAPTER: New Rule
STATUTORY AUTHORITY: 9-B M.R.S.A. 416
PURPOSE: New rule to address safety and soundness and consumer protection issues relating to powers granted through parity.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Consumers of financial services and all state-chartered financial institutions.

CHAPTER: New Rule
STATUTORY AUTHORITY: 9-B M.R.S.A. 418
PURPOSE: New rule to expand the activities in which a financial institution may engage under agency agreement.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Consumers of financial services and any financial institution providing services through agency agreements.

CHAPTER: New Rule
STATUTORY AUTHORITY: 9-B M.R.S.A 131(6-A), 446-A, and 1014
PURPOSE: New rule expanding the list of closely related activities to keep pace with changes state/federal law and in the financial services industry.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Maine consumers and businesses and state-chartered financial institutions.

CHAPTER: New Rule
STATUTORY AUTHORITY: 9-B M.R.S.A. 468
PURPOSE: New rule to define or further define instructions on transactions with affiliates.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: State-chartered financial institutions.

CHAPTER: New Rule
STATUTORY AUTHORITY: 9-B M.R.S.A 475
PURPOSE: New rule to address trust activities of financial institutions.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: State-chartered financial institutions.

CHAPTER: New Rule
STATUTORY AUTHORITY: 9-B M.R.S.A 1216
PURPOSE: New rule to address activities of non-depository trust companies and implement provisions of newly enacted Chapter 121.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Non-depository trust companies.

CHAPTER: New Rule
STATUTORY AUTHORITY: 9-B M.R.S.A. 1227
PURPOSE: New rule to address activities of merchant banks and implement provisions of newly enacted Chapter 122.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Merchant banks.

CHAPTER: New Rule
STATUTORY AUTHORITY: 9-B M.R.S.A. 1238
PURPOSE: New rule to address activities of uninsured banks and implement provisions of newly enacted Chapter 123.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Uninsured banks.

CHAPTER: New Rule.
STATUTORY AUTHORITY: 9-A M.R.S.A. 6-104(1)(E), 6-104(4)(A)
PURPOSE: Engage in joint rulemaking, as appropriate, with the Office of Consumer Credit Regulation to promulgate a rule governing agency organization, administration and procedures.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Maine credit consumers, financial institutions, non-bank lenders, and general creditors.

CHAPTER: New Rule
STATUTORY AUTHORITY: 9-A M.R.S.A. 5-105(2)(C); 6-104
PURPOSE: Engage in joint rulemaking, as appropriate, with the Office of Consumer Credit Regulation to promulgate a rule that establishes the method by which an employee's wages may be garnished when the employee is paid other than weekly pursuant to the limitations of the Maine Consumer Credit Code.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Maine credit consumers, financial institutions, non-bank lenders, and general creditors.

CHAPTER: New Rule
STATUTORY AUTHORITY: 9-A M.R.S.A. 4-301(4); 6-104
PURPOSE: Engage in joint rulemaking, as appropriate, with the Office of Consumer Credit Regulation to promulgate a rule which prohibits dual coverage of insurance on items related to credit transactions.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Maine credit consumers, financial institutions, non-bank lenders, and general creditors.

CHAPTER: New Rule
STATUTORY AUTHORITY: 9-A M.R.S.A 2-510(3), 8-104(1)
PURPOSE: Engage in joint rulemaking, as appropriate, with the Office of Consumer Credit Regulation to promulgate a rule which authorizes the use of rate tables for calculating unearned interest on certain precomputed transactions and establishes certain standards that the tables must meet.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Maine consumers in credit transactions and creditors offering consumer credit on a precomputed basis.

CHAPTER: New Rule
STATUTORY AUTHORITY: 9-A M.R.S.A. 6-104(1)(E), 1-301(25), and 6-409
PURPOSE: Engage in joint rulemaking, as appropriate, with the Office of Consumer Credit Regulation to promulgate a rule that establishes fees collected from consumers for filing purposes are not "Official Fees" under the Maine Consumer Credit Code unless such fees are prescribed by law.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Maine credit consumers and Maine creditors.

CHAPTER: New Rule
STATUTORY AUTHORITY: 9-A M.R.S.A. 6-104(1)(E), 8-104(1), and 8-108(3)
PURPOSE: Engage in joint rulemaking, as appropriate, with the Office of Consumer Credit Regulation to promulgate a rule that establishes the procedures the Bureau intends to follow upon discovery of certain violations of the Maine Consumer Credit Code.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Maine credit consumers, financial institutions, non-bank lenders, and general creditors.

CHAPTER: New Rule
STATUTORY AUTHORITY: 9-A M.R.S.A. 6-104(1)(E)
PURPOSE: Engage in joint rulemaking, as appropriate, with the Office of Consumer Credit Regulation to promulgate a rule that defines "refinancing" and "consolidation" as those terms are used in the Maine Consumer Credit Code and establishes a formula to be used in refinancing multiple transactions.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Maine credit consumers, financial institutions, non-bank lenders, and general creditors.

CHAPTER: New Rule
STATUTORY AUTHORITY: 9-A M.R.S.A. 6-104
PURPOSE: Engage in joint rulemaking, as appropriate, with the Office of Consumer Credit Regulation to repeal the rule that adjusts certain dollar limitations in the Maine Consumer Credit Code to keep pace with the consumer price index.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Maine credit consumers, financial institutions, non-bank lenders, and general creditors.

CHAPTER: New Rule
STATUTORY AUTHORITY: 9-A M.R.S.A. 2-501
PURPOSE: Engage in joint rulemaking, as appropriate, with the Office of Consumer Credit Regulation to promulgate a rule addressing permissible charges for benefits conferred upon the consumer.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Maine credit consumers, financial institutions, non-bank lenders, and general creditors.


AGENCY: Bureau of Banking, Securities Division

CONTACT PERSON: Christine Bruenn, Securities Administrator, State House Station 121, Augusta, ME 04333-0121. Ph#624-8551

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

CHAPTER: New Rule
STATUTORY AUTHORITY: 32 M.R.S.A. 10703
PURPOSE: Rule defining certain fraudulent, dishonest, and unethical practices by broker-dealers, sales representatives, and investment advisers.
ANTICIPATED SCHEDULE: Prior to 6/99
AFFECTED PARTIES: All broker-dealers, sales representatives, investment advisers, and any consumers transacting business with those persons subject to the regulation.

CHAPTER: New Rule
STATUTORY AUTHORITY: 32 M.R.S.A. 10703,10305.
PURPOSE: Rule adopting license application forms and specifying licensing procedures for broker-dealers and sales representatives.
ANTICIPATED SCHEDULE: Prior to 6/99.
AFFECTED PARTIES: Broker-dealers and sales representatives applying for licenses.

CHAPTER: New Rule
STATUTORY AUTHORITY: 32 M.R.S.A. 10703,10312
PURPOSE: Rule adopting fees to be imposed by the Securities Administrator for conducting examinations of broker-dealers or investment advisers.
ANTICIPATED SCHEDULE: Prior to 6/99
AFFECTED PARTIES: Broker-dealers and investment advisers.

CHAPTER: New Rule
STATUTORY AUTHORITY: 32 M.R.S.A. 10703,10307
PURPOSE: Rule establishing testing requirements for sales representatives.
ANTICIPATED SCHEDULE: Prior to 6/99
AFFECTED PARTIES: Sales representatives applying for a Maine license.

CHAPTER: 515
STATUTORY AUTHORITY: 32 M.R.S.A. 10703,10305
PURPOSE: Comprehensive amendment of existing investment adviser rule to reflect changes in the Revised Maine Securities Act necessitated by the National Securities Markets Improvement Act of 1996, to reflect higher initial and renewal fees, to specify record keeping requirements, and to add the Series 66, Certified Financial Planner, and Chartered Financial Analyst exams to the examination qualification requirements.
ANTICIPATED SCHEDULE: Prior to 6/99
AFFECTED PARTIES: All investment advisers and persons representing investment advisers.

CHAPTER: New Rule
STATUTORY AUTHORITY: 32 M.R.S.A. 10703
PURPOSE: Rule dealing with offers of securities on the Internet.
ANTICIPATED SCHEDULE: Prior to 6/99
AFFECTED PARTIES: Any person who plans to offer securities to Maine consumers on the Internet.

CHAPTER: New Rule
STATUTORY AUTHORITY: 32 M.R.S.A. 10703
PURPOSE: Rule requiring the retention of offering materials by issuers selling securities in Maine.
ANTICIPATED SCHEDULE: Prior to 6/99
AFFECTED PARTIES: Issuers selling securities in Maine.

CHAPTER: New Rule
STATUTORY AUTHORITY: 32 M.R.S.A. 10703
PURPOSE: Rule providing for an exemption from securities registration for professional corporations incorporated in Maine.
ANTICIPATED SCHEDULE: Prior to 6/99
AFFECTED PARTIES: Issuers and purchasers of the securities of professional corporations.

CHAPTER: New Rule
STATUTORY AUTHORITY: 32 M.R.S.A. 10703,10704
PURPOSE: Rule to provide an exemption from the requirement to file a consent to service of process for Maine entities who have previously designated the Secretary of State as their agent
ANTICIPATED SCHEDULE: Prior to 6/99
AFFECTED PARTIES: Maine issuers selling securities in Maine.

CHAPTER: New Rule
STATUTORY AUTHORITY: 32 M.R.S.A. 10502(3)
PURPOSE: Rule providing an exemption from registration for offers of a security made by an issuer for the sole purpose of soliciting an indication of interest in receiving a prospectus for the security.
ANTICIPATED SCHEDULE: Prior to 6/99
AFFECTED PARTIES: Maine issuers offering securities in Maine.


02-030
AGENCY: Office of Consumer Credit Regulation

CONTACT PERSON: William N. Lund, Director, 35 State House Station, Augusta, Maine 04333-0035. Tel: (207) 624-8527.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1998-99 RULE-MAKING ACTIVITY:

CHAPTER 110: Bureau Organization, Administration and Procedure
STATUTORY AUTHORITY: 9-A M.R.S.A. 6-104(4)(A); 6-104(1)(E)
PURPOSE: This rule sets forth the basic organizational and procedural structure of the agency. Due to changes in the statutory framework of the agency, this rule will be revised to reflect those changes.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Consumers, non-bank lenders, general creditors and other regulated entities.

CHAPTER 120: Multiple of the Federal Minimum Wage
STATUTORY AUTHORITY: 9-A M.R.S.A. 5-105(2)(C); 6-104
PURPOSE: The dollar amounts may be updated to more closely reflect the current minimum wage.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Consumers, non-bank lenders, general creditors, and other regulated entities.

CHAPTER 140: Limited Coverage on Property Related to Credit Transactions
STATUTORY AUTHORITY: 9-A M.R.S.A. 4-301(4); 6-104
PURPOSE: Chapter 140 may be amended to facilitate the offering of various insurance products.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Consumers, non-bank lenders, general creditors, and other regulated entities.

CHAPTER 150: Authorization of Rate Tables to Determine Unearned Finance Charge STATUTORY AUTHORITY: 9-A M.R.S.A. 2-510(3)
PURPOSE: The Director is authorized to promulgate rate tables to assist creditors in determining appropriate refunds if consumers pay off precomputed credit contracts prior to the scheduled termination date. The agency may amend the regulation to make it applicable to a wider range of cases in which consumers make large partial prepayments in precomputed credit transactions.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Consumers, non-bank lenders, general creditors, and other regulated entities.

CHAPTER 180: Definition of Official Fees
STATUTORY AUTHORITY: 9-A M.R.S.A. 6-104(1); 1-301(25)
PURPOSE: This rule defines what will be considered "official fees," excludable from the finance charge in the Maine consumer credit transactions. The office may review this regulation to determine whether it should be updated, or even repealed in deference to existing state and federal Truth-in-Lending laws.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Consumers, non-bank lenders, general creditors, and other regulated entities.

CHAPTER 190: Enforcement Policy Guidelines
STATUTORY AUTHORITY: 9-A M.R.S.A. 8-108(3)
PURPOSE: The rule sets forth the procedures to be followed when violations of the Maine Consumer Credit Code or related laws are established following an examination, or in response to consumer complaints. As the agency utilizes this rule and weighs the costs to creditors of compliance against the benefits derived by consumers, it may amend the rule to make certain that penalties do not outweigh benefits. In addition, the state agency follows general guidelines and tolerances promulgated and established by various federal regulatory agencies, and as those federal standards change the State must be prepared to conform to the new standards.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Consumers, non-bank lenders, general creditors, and other regulated entities.

CHAPTER 200: Rule on Refinancing Multiple Transactions
STATUTORY AUTHORITY: 9-A M.R.S.A. 6-104(1)(E)
PURPOSE: Chapter 200 may be repealed, due to changes in the underlying Consumer Credit Code provision (9-A M.R.S.A. 2-504).
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Consumers, non-bank lenders, general creditors, and other regulated entities.

CHAPTER 220: Change in Dollar Amounts
STATUTORY AUTHORITY: 9-A M.R.S.A. 1-106(4)
PURPOSE: The agency will propose to repeal Rule 220, because in 1998 the Legislature adopted non-adjustable dollar amounts in the Consumer Credit Code.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Consumers, non-bank lenders, general creditors, and other regulated entities.

CHAPTER 240: Truth in Lending, Regulation Z-2
STATUTORY AUTHORITY: 9-A M.R.S.A. 6-104, 8-104, 8-108
PURPOSE: Agency Rule 240 incorporates federal Regulation Z, "Truth-in-Lending," into state law. The terms of the State's exemption from the federal regulation require that the State retain the flexibility to amend its regulation to match changes on the federal level. This regulation determines how the true cost of credit and lending is disclosed to Maine consumers. It also incorporates Regulation M, Truth-in-Leasing. Although recently updated, the rule is always subject to further amendment to reflect changes in parallel federal regulations.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Consumers, non-bank lenders, general creditors, and other regulated entities.

CHAPTER 250: Alternative Mortgage Transactions
STATUTORY AUTHORITY: 9-A M.R.S.A. 9-302
PURPOSE: Alternative mortgage transactions include adjustable rate and partially-amortizing mortgage loans. Rule 250 applies consumer protections to the offering of these loans. Many innovative products being offered in other parts of the country are not allowed under the current restrictions of Rule 250. A revised rule was recently issued jointly with the Maine Bureau of Banking. Both agencies remain prepared to reexamine the role in light of innovative new products which may be offered over the coming year.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Consumers, non-bank lenders, general creditors, and other regulated entities.

CHAPTER 300: Collection Agencies - Application and Record Keeping Requirements
STATUTORY AUTHORITY: 32 M.R.S.A. 11034
PURPOSE: This rule sets forth requirements for those individuals and companies which wish to collect debts or repossess vehicles in Maine. The agency is constantly striving to find ways to clarify this rule, to ease regulatory burdens, while maintaining appropriate consumer protection.
ANTICIPATED SCHEDULE: Prior to July, 1999

AFFECTED PARTIES: Applicants for licensure to collect debts or repossess collateral.
CHAPTER 350: Credit Services Organization
STATUTORY AUTHORITY: 9-A M.R.S.A. 10-305
PURPOSE: Chapter 350 clarifies Article X of the Maine Consumer Credit Code, which regulates the activities of the Credit Services Organizations. These are innovative and mobile businesses, and the agency may propose amendments to the rule to address problems which may be encountered.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Loan brokers, and credit clinics, and their customers.

CHAPTER 400: Sale of Insurance Products by Financial Institutions and Supervised Lenders.
STATUTORY AUTHORITY: 9-A M.R.S.A. 4-407 (enacted 1997)
PURPOSE: This regulation, issued jointly by the Office of Consumer Credit Regulation, the Bureau of Banking and the Bureau of Insurance, addresses issues regarding sales of insurance products by financial institutions. If its implementation reveals areas of needed change, amendments may be proposed.
ANTICIPATED SCHEDULE: Reviewed prior to December, 1999
AFFECTED PARTIES: Insurers, financial institutions, supervised lenders, and consumers.

CHAPTER: Money Order Issuers/Money Transmitters/Check Cashers/Foreign Currency Exchangers
STATUTORY AUTHORITY: 32 M.R.S.A. 6125; 6144
PURPOSE: The Legislature authorized appropriate, routine rulemaking to implement the 1997 statutory provisions relative to those financial companies.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Regulated companies; consumers.


02-031
AGENCY NAME: Bureau of Insurance

CONTACT PERSON: Thomas M. Record, Esq., Senior Staff Attorney, 34 State House Station, Augusta, ME 04333-0034. Tel: (207) 624-8424

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: Amendments to Rule Chapter 540, Educational Requirements for Insurance Professionals

EXPECTED 1998-99 RULEMAKING ACTIVITY:

Chapter 250: Worker's Compensation Self-insurance
STATUTORY AUTHORITY: 39-A M.R.S.A. 403
PURPOSE: To clarify standards applicable to usage of surety bonds in group self-insurance, to clarify application of MSIGA new member assessment and other miscellaneous changes.
ANTICIPATED SCHEDULE: 1998
AFFECTED PARTIES: Worker's compensation self-insurers

Chapter 450: Worker's Compensation Experience Rating
STATUTORY AUTHORITY: 24-A M.R.S.A. 2301, 2303 and 2364
PURPOSE: Potentially to update status of the applicability of the regulatory process applicable to usage of revised loss reports by carriers
ANTICIPATED SCHEDULE: Late summer-fall 1999
AFFECTED PARTIES: Employers and worker's compensation insurers

Chapter 460: Worker's Compensation Insurance Statistical Reporting
STATUTORY AUTHORITY: 24-A M.R.S.A. 212, 2371, 2372
PURPOSE: To update statutory cross references and to respond to changes in the residual market mechanism
ANTICIPATED SCHEDULE: Late summer-1999
AFFECTED PARTIES:

Chapter 470: Worker's Compensation Insurance Premium Audit and Adjustment
STATUTORY AUTHORITY: 24-A M.R.S.A. 212, 2363
PURPOSE: To clarify the 120 day standard where there is employer agreement
ANTICIPATED SCHEDULE: Fall 1998
AFFECTED PARTIES: Employers and worker's compensation insurers
Chapter 530: Provisional Medical or Disability Insurance Payments to Worker's Compensation Claimants
STATUTORY AUTHORITY: 39-A M.R.S.A. 222
PURPOSE: To clarify applicability as to dependent's coverage as well as regarding the extent to which health insurer's may require claimant's to pursue their worker's compensation claims
ANTICIPATED SCHEDULE: Fall 1998
AFFECTED PARTIES: Injured workers, health carriers

Chapter 560: Worker's Compensation Insurance; Employee Leasing Companies
STATUTORY AUTHORITY: 24-A M.R.S.A. 212, 2178, 2364 and 2366 and 32 M.R.S.A. 14055(2)
PURPOSE: To update in light of change in form of worker's compensation residual market and experience under the rule since its' 1992 adoption
ANTICIPATED SCHEDULE: Spring 1999
AFFECTED PARTIES: Worker's compensation insurers, employee leasing companies and their clients

Chapter 690: 24-Hour Coverage Pilot Projects
STATUTORY AUTHORITY: 39-A M.R.S.A. 403(2)
PURPOSE: To clarify the applicability of the program to ERISA plans.
ANTICIPATED SCHEDULE: Subject matter is now in litigation. No rulemaking will occur until litigation is concluded.
AFFECTED PARTIES: Insurers, employers and employees participating in 24 hour coverage pilot programs.

Chapter 730: Standards for Acceptance of Reinsurance of Worker's Compensation Self-insurance
STATUTORY AUTHORITY: 24-A M.R.S.A. 212, 222, 410, 412, 413, 421, 422, and 731-B and 39-A M.R.S.A. 403
PURPOSE: to improve current rule by clarification of ambiguities and updating to reflect statutory change and other developments relating to regulation of worker's compensation self-insurance
ANTICIPATED SCHEDULE: Fall 1999
AFFECTED PARTIES: Worker's compensation self-insurers and their reinsurers

Chapter 191: Health Maintenance Organizations
STATUTORY AUTHORITY: 24-A M.R.S.A. Chapter 56
PURPOSE: To make clarifications to miscellaneous issues which have arisen since 1996 adoption of rule
ANTICIPATED SCHEDULE: Fall-winter 1998
AFFECTED PARTIES: Health maintenance organizations and their members

Chapter 220: Credit Life and Health Insurance
STATUTORY AUTHORITY: 24-A M.R.S.A. Chapter 37
PURPOSE: To amend current rule to clarify procedures for rate deviations and refund calculations and to specify what constitutes "premiums" for purposes of determining the maximum permissible commission level
ANTICIPATED SCHEDULE: 1998
AFFECTED PARTIES: Consumers who purchase credit insurance, credit life and health insurers

Chapter 240: Life Insurance Solicitation and Cost Disclosure
STATUTORY AUTHORITY: 24-A M.R.S.A. 2152-A
PURPOSE: to update existing rule in light of developments since rule enactment in late 1970's.
ANTICIPATED SCHEDULE: Pending
AFFECTED PARTIES: Life insurers, agents and consumers

Chapter 275: Medicare supplement Insurance
PURPOSE: To amend current rule to comply with new federal standards in Balanced Budget Act of 1997
ANTICIPATED SCHEDULE: 1998
AFFECTED PARTIES: Consumers, insurers

Chapter 420: Nursing Home Care Insurance and Long Term Care Insurance
STATUTORY AUTHORITY: 24-A M.R.S.A. 505 and 5053
PURPOSE: to update in light of recommendations of Rule Review Process, to update in light of NAIC Model Regulation requirements relating to nonforfeiture values and other standards and to make other miscellaneous changes.
ANTICIPATED SCHEDULE: Spring 1999
AFFECTED PARTIES: General public and long term care insurers and updates should encourage products to be more attractive and desirable

Chapter 750: Standardized Health Plans
STATUTORY AUTHORITY: 24 M.R.S.A. 2301 (8-A) and 2327-A and 24-A M.R.S.A. 212, 2736-C(8), 2808-B(8), 4204(2-A), 4222(4) and 6603(1)
PURPOSE: Pursuant to Rule Review Process recommendations, to amend the rule to make it more compatible to health maintenance organizations while retaining the protections provided to covered persons; to address questions relating to commissions and applications.
ANTICIPATED SCHEDULE: Currently pending
AFFECTED PARTIES: Health maintenance organizations, health carriers

Chapter 850: Health Plan Accountability
STATUTORY AUTHORITY: 24-A M.R.S.A. 2772, 2774, 4218, 4222-A and 4309
PURPOSE: To update rule in light of experience and developments since adoption
ANTICIPATED SCHEDULE: Not currently contemplated, but included on agenda for completeness.
AFFECTED PARTIES: HMOs, health plans, utilization review entities and managed care plans.

Chapter 870: Health Care Practitioner Self-referrals
STATUTORY AUTHORITY: 22 M.R.S.A. 2081 et seq.
PURPOSE: to establish standards for the payment of insurance claims when providers have referred patients to facilities in which they have a financial interest.
ANTICIPATED SCHEDULE: Currently pending
AFFECTED PARTIES: Health insurance rate payers, physicians

NEW RULE: Employee Benefit Excess Insurance
STATUTORY AUTHORITY: 24-A M.R.S.A. 212 and 707(3)
PURPOSE: to establish a standard for the determination of whether an insurance policy should be treated as a health insurance policy or a stop loss insurance policy for regulatory purposes and address other regulatory issues related to regulated entities which do business with self-funded and partially self-funded health plans.
ANTICIPATED SCHEDULE: On hold pending clarification from courts
AFFECTED PARTIES: Health insurance buying public and health insurers and excess insurers

NEW RULE: Coordination of Benefits
STATUTORY AUTHORITY: 24 M.R.S.A. 2332-A and 24-A M.R.S.A. 2844
PURPOSE: To establish standards for priority of payments when benefits under more than one health insurance policy are to be reduced by other coverage in force.
ANTICIPATED SCHEDULE: 1999
AFFECTED PARTIES: Health insurance purchasers, health carriers

NEW RULE: Individual Health Insurance Rate Filings
STATUTORY AUTHORITY: 24 M.R.S.A. 2321 and 24-A M.R.S.A. 212, 2413 and 2736
PURPOSE: To assure, to the fullest extent possible, that premiums are reasonable, equitable and adequate; (2) to provide for regular monitoring and corrective action by insurers to assure that premiums are neither excessive relative to experience nor deficient; and (3) to facilitate prompt and efficient processes with respect to rate filings.
ANTICIPATED SCHEDULE: 1998
AFFECTED PARTIES: Individual health insurance policyholders, health carriers

NEW RULE: Life Insurance Illustrations
STATUTORY AUTHORITY: 24-A M.R.S.A. 2152-A
PURPOSE: to define permissible practices with respect to illustrating non-guaranteed benefits
ANTICIPATED SCHEDULE: Winter 1998
AFFECTED PARTIES: Life insurers, agents and consumers

NEW RULE: Viatical settlements
STATUTORY AUTHORITY: 24-A M.R.S.A. 212 and 6810
PURPOSE: to amplify the standards in the statute
ANTICIPATED SCHEDULE: 1998
AFFECTED PARTIES: Terminally ill individuals, viatical providers and producers

NEW RULE: Acceleration of Life Insurance and Annuity Benefits
STATUTORY AUTHORITY: 24-A M.R.S.A. 2555
PURPOSE: to provide for the full and fair disclosure of information in connection with the sale of life insurance policies which provide for the acceleration of life insurance or annuity benefits to persons confined in certain nursing facilities and to establish standards for the content of such policies
ANTICIPATED SCHEDULE: As time permits
AFFECTED PARTIES: Purchasers of life insurance or annuities, life insurers and agents

NEW RULE: Employee Leasing Companies; Uninsured Employee Benefit Plans
STATUTORY AUTHORITY: 24-A M.R.S.A. 212 and 6616
PURPOSE: to set forth the licensing process and clarify the standards applicable to employee leasing companies which provide health benefits to workers on an uninsured basis.
ANTICIPATED SCHEDULE: Late winter 1998-spring 1999
AFFECTED PARTIES: Clients and employees of employee leasing companies

NEW RULE: Nonprofit Hospital and Medical Service Organizations; Working Capital Standards for Health Insurance Affiliates
STATUTORY AUTHORITY: 24 M.R.S.A. 2308-A, sub-8 and 24-A M.R.S.A. 212
PURPOSE: to establish maximum levels of working capital which may be held by affiliates of nonprofit hospital or medical service organizations with available funds above such levels required to be repatriated to ownership interests of such affiliates
ANTICIPATED SCHEDULE: Late 1998-1999
AFFECTED PARTIES: Blue Cross/Blue Shield of Maine members, Health insurers or HMOs affiliated with Blue Cross/Blue Shield of Maine

NEW RULE: Nonprofit Hospital and Medical Service Organizations; Reserve Levels
STATUTORY AUTHORITY: 24 M.R.S.A. 2321-B
PURPOSE: to establish a standard for the appropriate level of subscriber reserves to be held by nonprofit hospital and medical service organizations
ANTICIPATED SCHEDULE: Late 1998-1999
AFFECTED PARTIES: Blue Cross/Blue Shield of Maine members

NEW RULE: Group Health Insurance; Preexisting Conditions
STATUTORY AUTHORITY: 24-A M.R.S.A. 212 and 2849, sub-6
PURPOSE: to substitute for the requirement of 24-A M.R.S.A. 2849(3)(C) a requirement that prohibits application of a preexisting condition or waiting period with respect to classes or categories of benefits that are covered under a replaced contract or policy, such rules to be consistent with the federal Public Health Service Act, Title XXVII, 2710(c)(3)(B).
ANTICIPATED SCHEDULE: on hold pending finalization of federal regulations
AFFECTED PARTIES: Insureds and potential insureds, health carriers

NEW RULE: Concealment, Misrepresentations and Fraud
STATUTORY AUTHORITY: 24-A M.R.S.A. 212, 2411, 2908, 2914, 3002, 3007 and 3049
PURPOSE: to resolve confusion that has arisen within the insurance industry regarding the interaction of various provisions of the Insurance Code which relate to the termination of insurance by property and casualty insurers due to concealment, material misrepresentations and/or fraudulent statements or conduct by insureds
ANTICIPATED SCHEDULE: 1999
AFFECTED PARTIES: property/casualty insurers and policyholders

NEW RULE: Commissions on Large, Commercial Property/Casualty Insurance Risks
STATUTORY AUTHORITY: 24-A M.R.S.A 421 212, 1450
PURPOSE: Statute provides that producers of large, commercial property and insurance risks may be compensated by fees paid by or on behalf of the insured, by commissions paid by an insurer or by a combination of both. Rulemaking is authorized to establish standards with respect to what constitutes a large, commercial risk.
ANTICIPATED SCHEDULE: Currently pending
AFFECTED PARTIES: Larger businesses, insurers

NEW RULE: Exemption from Rate Filing Requirement for Highly Protected Risks
STATUTORY AUTHORITY: 24-A M.R.S.A. 2305
PURPOSE: to waive rate filing requirements for certain large risks. Highly Protected Risks will be defined in the rule.
ANTICIPATED SCHEDULE: 1999
AFFECTED PARTIES: Larger businesses and advisory organizations

Chapter 230: Requirements for a Certificate of Authority
STATUTORY AUTHORITY: 24-A M.R.S.A. 212
PURPOSE: to implement clarifying changes recommended during Rule Review Process
ANTICIPATED SCHEDULE: 1999
AFFECTED PARTIES: Applicants for authority to transact insurance

Chapter 350: Rules of Practice for Adjudicatory Proceedings
STATUTORY AUTHORITY: 5 M.R.S.A. 8051
PURPOSE: to update Rule in light of its practical effectiveness during the 10 years it has been in force.
ANTICIPATED SCHEDULE: As time permits in 1998-99
AFFECTED PARTIES: Attorneys and others who participate in adjudicatory proceedings before the Bureau of Insurance

NEW RULE: Continuing Education Requirements
STATUTORY AUTHORITY: 24-A M.R.S.A. 1483, 1485
PURPOSE: to implement recommendations during rules review process regarding courses qualifying for continuing education credit
ANTICIPATED SCHEDULE: summer 1998
AFFECTED PARTIES: Agents, brokers, course vendors

NEW RULE: Insurance Fraud
STATUTORY AUTHORITY: 24-A M.R.S.A. 2186
PURPOSE: to define the fraud information which insurers are required to report to the Bureau.
ANTICIPATED SCHEDULE: required by statute to be adopted prior to January 1, 1999.
AFFECTED PARTIES: law enforcement, insurers

NEW RULE: Advisory Rulings
STATUTORY AUTHORITY: 5 M.R.S.A. 9001(4) and 24-A M.R.S.A. 212
PURPOSE: to prescribe the procedure for submission, consideration and disposition of requests for advisory rulings
ANTICIPATED SCHEDULE: As time permits
AFFECTED PARTIES: Persons seeking advisory rulings

NEW RULE: Captive Insurers
STATUTORY AUTHORITY: 24-A M.R.S.A. 212 and 6718
PURPOSE: to implement newly enacted statutory scheme authorizing captive insurers
ANTICIPATED SCHEDULE: As determined necessary
AFFECTED PARTIES: Businesses who wish to form captive insurers and those who would form them.

NEW RULE: Insurance Information and Privacy Protection
STATUTORY AUTHORITY: 24-A M.R.S.A. 2220
PURPOSE: To carry out the provisions of the Insurance Information and Privacy Protection Act, 24-A M.R.S.A. Chapter 24.
ANTICIPATED SCHEDULE: not currently contemplated; any rulemaking that does occur is designated major substantive and could be only provisionally adopted pending legislative review
AFFECTED PARTIES: Insureds and other persons required to be licensed by the Superintendent of Insurance


02-035
AGENCY: Maine Athletic Commission

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

CHAPTER 110 : Wrestling
STATUTORY AUTHORITY: 32 MRSA 13507
PURPOSE: The Commission may repeal and replace its rules to better define wrestling.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 210: Kickboxing
STATUTORY AUTHORITY: 32 MRSA 13507
PURPOSE: The Commission may repeal and replace its rules to better define kickboxing.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 510: Boxing Information
STATUTORY AUTHORITY: 32 MRSA 13507
PURPOSE: The Commission may repeal and replace its rules to better define boxing and establish requirements for the medical advisory committee.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 520: Promoters
STATUTORY AUTHORITY: 32 MRSA 13507
PURPOSE: The Commission may repeal and replace its rules to better instruct promoters on what requirements must be met when promoting boxing contests.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 530: Boxing Contests
STATUTORY AUTHORITY: 32 MRSA 13507
PURPOSE: The Commission may repeal and replace its rules to better describe the conduct of a boxing contest in regards to scoring, number of rounds, fouls, rules governing a world trade fight and the impounding of purses.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 540: Boxers
STATUTORY AUTHORITY: 32 MRSA 13507
PURPOSE: The Commission may repeal and replace its rules as they relate to the age, condition, attire, equipment and health of boxers.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 550: Referees
STATUTORY AUTHORITY: 32 MRSA 13507
PURPOSE: The Commission may repeal and replace its rules to explain the requirements for being a referee, define the powers and responsibilities of referees before, during, and after contests, give explanations of and procedures for referees to follow in various situations and instruct referees in what things to be aware of and watch for.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 560: Judges
STATUTORY AUTHORITY: 32 MRSA 13507
PURPOSE: The Commission may repeal and replace its rules that require that two or more licensed judges attend every boxing context and that they will score the contest according to certain rules and carry out other duties.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 570: Timekeepers
STATUTORY AUTHORITY: 32 MRSA 13507
PURPOSE: The Commission may repeal and replace its rules that explain the duties of the timekeeper such as to properly time rounds and rest periods, to not leave the gong during the contest, to call "get Ready," and to indicate the end of the round during counts due to knockdowns.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 580: Knockdown Timekeepers
STATUTORY AUTHORITY: 32 MRSA 13507
PURPOSE: The Commission may repeal and replace its existing rules that explain the procedures that the knockdown timekeeper must follow upon a knockdown, including the use of the mandatory "8" count.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 590: Managers and Seconds
STATUTORY AUTHORITY: 32 MRSA 13507
PURPOSE: The Commission may repeal and replace its rules that explain licensure procedures and procedures for stopping bouts.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 600: Physicians
STATUTORY AUTHORITY: 32 MRSA 13507
PURPOSE: The Commission may repeal and replace its rules to clarify what are dressings on a wound, and what items are permitted and prohibited in a boxer's corner.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.


02-039
AGENCY: Maine Real Estate Commission

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

CHAPTER 300: General Information
STATUTORY AUTHORITY: 32 M.R.S.A. 13065
PURPOSE: It may be necessary to amend the rules regarding maintenance of records to ensure that the standards include issues made necessary by changes in technology that impact the definition of a 'record.'
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Real estate licensees and the public.

CHAPTER 320: Agency/Designated Broker Responsibilities
STATUTORY AUTHORITY: 32 M.R.S.A.13065
PURPOSE: Section 1(C) will need to be repealed. The statutory authority (32 M.R.S.A. 59-A) was repealed effective September 29, 1995. Changes in banking practices and/or technology may require changes to the trust account section of the rule.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Real estate licensees and the public.

CHAPTER 330: Minimum Standards of Practice
STATUTORY AUTHORITY: 32 M.R.S.A. 13065
PURPOSE: Consumer response to the Commission's mandatory agency disclosure form (Section 9A) may require that the section be amended to address changes in the marketplace. Federal rules established for lead-based paint disclosures may require that the Commission amend its lead-based paint disclousre requirement (Section 19). Changes in industry practices may require the Commission to adopt rules defining the scope of practice for those licensees who are not acting as agents for buyers or sellers.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Real estate licensees, home buyers and sellers.

CHAPTER 340: Complaints and Investigations
STATUTORY AUTHORITY: 32 M.R.S.A. 13065
PURPOSE: As Commission decisions go through the appellate process, procedural issues may arise that would require the Commission to change its complaint and/or investigative process.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Real estate licensees, complainants.

CHAPTER 350: Adjudicatory Hearings
STATUTORY AUTHORITY: 32 M.R.S.A. 13065
PURPOSE: As Commission decisions go through the appellate process, procedural issues may areise that would require the Commission to change its hearing process.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Real estate licensees and hearing participants.

CHAPTER 360: Prerequisites to licensure by individuals
STATUTORY AUTHORITY: 32 M.R.S.A. 13065
PURPOSE: Clarification of the educational options available to license applicants may be necessary. In addition, Section 4 (B)(1) may need to be amended to limit the option of an exam waiver to those applicants who are enrolled in or have completed a business degree program.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Real estate license applicants and licensees.

CHAPTER 370: Continuing Education
STATUTORY AUTHORITY: 32 M.R.S.A. 13065
PURPOSE: Changes may be necessary to ensure that course filing procedures for all educational programs approved by the Commission are consistent and provide for reasonable standards to ensure the delivery of quality educational programs.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Real estate licensees and continuing education course sponsors and instructors.

CHAPTER 380: Fees
STATUTORY AUTHORITY: 32 M.R.S.A. 13065
PURPOSE: To maintain the Commission's programs and services it will be necessary to increase fees. In addition, consistent with the Commission's policy of assessing a fee for the service provided, a fee may need to be adopted for examination reviews.
ANTICIPATED SCHEDULE: Within six months.
AFFECTED PARTIES: Real estate licensees, educational course sponsors and the public.

CHAPTER 390: Licensing procedures and requirements
STATUTORY AUTHORITY: 32 M.R.S.A. 13065
PURPOSE: Procedures for exam reviews may need to be adopted. In addition, should the Commission contract for examination services it may be necessary to adopt or amend sections to address examination procedures, as specified by the contract.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Real estate license applicants and licensees.


02-041
AGENCY: Office of Licensing & Registration
Charitable Solicitations Act

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

CHAPTER 1: Registration Statements and Financial Reports made Pursuant to the Maine Charitable Solicitations Act.
STATUTORY AUTHORITY: 9 M.R.S.A., Chapter 385
PURPOSE: Chapter 1 will be revised to clarify the requirements for filing of financial reports of fund-raising campaigns by the charitable organizations that employ fund-rasing counsel, professional solicitors or commercial coventures; require that current bonds be retained as part of the record for three years after the expiration or non-renewal of registration; change the expiration date of the licenses to allow the filing of financial reports at the time of renewal; make minor technical and grammatical changes.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Registered Charitable Organizations, Professional Solicitors, Professional Fund-Raising Counsel.


02-041
AGENCY: Office of Licensing & Registration
Registration of Interpreters for the Deaf and Hard-of-Hearing

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

STATUTORY AUTHORITY: 32 M.R.S.A., Chapter 22

CHAPTERS:

CHAPTER 1- DEFINITIONS
CHAPTER 2 - GENERAL INFORMATION
CHAPTER 3 - REGISTRATION REQUIREMENTS
CHAPTER 4 - FEES
CHAPTER 5 - COMPLAINTS, INVESTIGATIONS AND ADJUDICATORY HEARINGS

PURPOSE: To develop new department rules to amplify statutory definitions and requirements applicable to interperters for the deaf and hard-of-hearing. These new chapters will include rules on registration requirements; temporary registration requirements; to set forth fees to be charged by the Department; and to outline the requirements for the procedures to conduct hearings, reviews and complaints.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Registered Interperters for the Deaf and Hard-of-Hearing, general public.


02-041
AGENCY: Office of Licensing & Registration
Massage Therapists Registration

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

STATUTORY AUTHORITY: 32 M.R.S.A., Chapter 127
PURPOSE: To develop new department rules to amplify statutory definitions and requirements applicable to massage therapists and massage practitioners. This new chapter will include rules on licensure requirements; specific continuing educational requirements and reciprocity provisions.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: Certified Massage Therapists, Registered Massage Practitioners, general public.


02-070
AGENCY: State Board of Certification for Geologists and Soil Scientists

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

CHAPTERS:

1 Review of Applications for Certification
2 Requests for Advisory Rulings
3 Code of Ethics

STATUTORY AUTHORITY: 32 MRSA 4908
PURPOSE: The Board intends to review and revise its rules to ensure clarity and conformity with the enabling statute by clarifying the requirements for examination and licensure of geologists and soil scientists.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.


02-164
AGENCY: Board of Hearing Aid Dealers and Fitters

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

CHAPTER:
Chapter 1. General Provisions
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 23-A
PURPOSE: These rules establish minimum testing requirements, supervision of trainees, and medical conditions that require special procedures.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Retailers of hearing aids, applicants, trainees and licensees.

Chapter 2. Licensing Procedure
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 23-A
PURPOSE: These rules establish eligibility requirements for the licensing of hearing aid dealers and fitters, hearing aid companies, and for temporary trainee permits
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Retailers of hearing aids, applicants, trainees and licensees.

Chapter 3. Application and Examination Process
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 23-A
PURPOSE: These rules establish the application procedure, examination, licensing procedure, and continuing education requirements of the Board.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Retailers of hearing aids, applicants, trainees and licensees.

Chapter 4. Complaints
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 23-A
PURPOSE: These rules establish basic guidelines for the handling of complaints received by the Board.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Retailers of hearing aids, applicants, trainees and licensees.

Chapter 5. Initial License and Renewal Fees
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 23-A
PURPOSE: These rules establish the expiration date and license renewal procedure of the Board.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Retailers of hearing aids, applicants, trainees and licensees.

Chapter 6. Calibration Standards
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 23-A
PURPOSE: These rules establish calibration and recalibration standards of instruments used by hearing aid dealers and fitters.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Retailers of hearing aids, applicants, trainees and licensees.

Chapter 7. Code of Ethics
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 23-A
PURPOSE: These rules establish a code of ethics reflecting the standards of conduct that the Board has designated as unacceptable in the practice of hearing aid dealers and fitters.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Retailers of hearing aids, applicants, trainees and licensees.


02-174
AGENCY: Board of Boiler Rules

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1998-99 RULE-MAKING ACTIVITY:

CHAPTER 1: Definitions
STATUTORY AUTHORITY: 32 MRSA 15104
PURPOSE: The board may review and amend its definitions as may be necessary to insure relevance with current laws and standards.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 2: General Rules Governing Boilers of All Types
STATUTORY AUTHORITY: 32 MRSA 15104
PURPOSE: The board may review and amend its rules with the intention of clarifying and updating installation for new boilers in the State of Maine.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 3: Power Boilers
STATUTORY AUTHORITY: 32 MRSA 15104
PURPOSE: The board may review and amend its rules to clarify the requirement and procedures for the design, construction, installation and operation of power boilers.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 4: Miniature Boilers
STATUTORY AUTHORITY: 32 MRSA 15104
PURPOSE: The board may review and amend its rules to clarify the requirements and procedures for the construction and operation of high pressure boilers which fall into the classification of miniature because of size, heating surface area, volume and pressure limitations.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 5: Low Pressure Boilers
STATUTORY AUTHORITY: 32 MRSA 15104
PURPOSE: The board may review and amend its rules to clarify the requirements and procedures for the identification, construction, and installation of low pressure boilers.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 6: Pressure Vessels
STATUTORY AUTHORITY: 32 MRSA 15104
PURPOSE: The board may review and amend its rules to clarify the requirements and procedures for the design, construction, installation, inspection and operation of new pressure vessels.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 7: Welding
STATUTORY AUTHORITY: 32 MRSA 15104
PURPOSE: The board may review and amend its rules to clarify the requirements and procedures to be followed in performing any welded repair, alteration, or piping fabrication on boilers or pressure vessels not exempt by law.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 8: Shop Certification
STATUTORY AUTHORITY: 32 MRSA 15104
PURPOSE: The board may review and amend its rules to clarify the requirements and procedures for inspection and review of the shops fabricating boilers and pressure vessels under ASME Boiler and Pressure Vessel Codes.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 9: Boiler Inspectors
STATUTORY AUTHORITY: 32 MRSA 15104
PURPOSE: The board may review and amend its rules to clarify the requirements for qualification and certification of boiler inspectors.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 10: Boiler Engineers and Operators
STATUTORY AUTHORITY: 32 MRSA 15104
PURPOSE: The board may review and amend its rules to clarify the requirements and procedures for the examination and licensing of Boiler Engineers and Operators.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 11: Welders
STATUTORY AUTHORITY: 32 MRSA 15104
PURPOSE: The board may review and amend its rules to clarify the requirements and procedures for certifying and maintaining welders qualifications to weld on boilers and pressure vessels.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 12: Fees
STATUTORY AUTHORITY: 32 MRSA 15104
PURPOSE: The board may review and amend its rules that set forth the fees to be charged.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 13: General Information
STATUTORY AUTHORITY: 32 MRSA 15104
PURPOSE: The board may review and amend its rules to clarify the guidelines relating to meetings, advisory rulings and maintenance of records.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 14: Complaints, Investigations and Adjudicatory Hearings
STATUTORY AUTHORITY: 32 MRSA 15104
PURPOSE: The board may review and amend its rules to clarify the procedure by which complaints and adjudicatory hearings will be handled by the Board.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.


02-265
AGENCY: Board of Barbering and Cosmetology

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

CHAPTER 1: General Information
STATUTORY AUTHORITY: 32 MRSA 14212
PURPOSE: This rule establishes guidelines relating to meetings, examinations, advisory rulings, complaints, maintenance of records, and fees. This chapter may be amended to remove outdated language and processes as well as further clarify the areas pertaining to citations and fines. Since the last effective date of this chapter, examinations have been modified that amending these rules to reflect new processes. The current fee schedule will be reviewed.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Licensees and the public.

CHAPTER 2: Rules Relating to Cosmetologists, Barber, Aesthetician, and Manicurist Trainee.
STATUTORY AUTHORITY: 32 MRSA 14212
PURPOSE: These rules establish the requirements for eligibility, training, examination and licensing of cosmetologists, manicurists, aestheticians, and barber trainees. The rules may be reviewed and amended to reflect new procedures in place for applicants applying for examination. The rules will also be reviewed to insure clarity and conformance with current laws.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Licensees and the public.

CHAPTER 3: Establishments, Booths where Cosmetology, Barbering, Aesthetics, Manicuring is Practiced.
STATUTORY AUTHORITY: 32 MRSA 14212
PURPOSE: These rules pertain to the construction and safety of establishments; sanitary standards; licensing requirements; and use of appliances, apparatus and electrical and non electrical machines used in connection with the practice licensed. This chapter will be reviewed to insure clarity and conformance with current laws. The areas regarding sanitation and safe practice will also be reviewed and updated.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Licensees and the public.

CHAPTER 4: Rules for Certifying Barber and Cosmetology Instructors
STATUTORY AUTHORITY: 32 MRSA 14212
PURPOSE: These rules establish the requirements for the examination and licensing of Barber and Cosmetology Instructors. These rules will be reviewed to insure clarity and conformance with current laws. The section on examinations will be amended to reflect new examination procedures as well as to conduct a review on the qualifications for licensure.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Licensees and the public.

CHAPTER 5: Requirements to Hold a Demonstrator License
STATUTORY AUTHORITY: 32 MRSA 14212
PURPOSE: These rules establish the qualification for individuals who seek licensure to demonstrate machines, aritcles or techniques outside a licensed establishment pertaining to practices licensed by the board. The rules will be reviewed to insure conformity with statutory authority.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Licensees and the public.

CHAPTER 6: New Chapter
STATUTORY AUTHORITY: 32 MRSA 14247
PURPOSE: During the 118th session, the Legislature returned the regulatory and licensing authority of barbering and cosmetology schools from the Department of Education to the Maine Board of Barbering and Cosmetology. The board is required to adopt rules for the licensing of persons, partnerships, associations or corporations to maintain and operate schools. These rules are expected to set reasonable standards relating to educational programs, instructor qualifications, records and record keeping, health and sanitation, safety and physical facilities.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Licensees and the public.


02-280
AGENCY: Board of Accountancy

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

CHAPTERS:

1 General Provisions and Definitions
2 Board Structure and Organization
3 Certified Public Accountants
4 Public Accountants
5 Permits to Practice, Individual
6 Permits to Practice, Firms
7 Hearings, Reviews, and Complaints
8 Rules of Professional Conduct

STATUTORY AUTHORITY: 32 MRSA 12214
PURPOSE: The Board intends to review and revise its rules to ensure clarity and conformity with the enabling statute by clarifying the requirements for examination and permits to practice to Certified Public Accountants.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.


02-285
AGENCY: Board of Veterinary Medicine

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

CHAPTER

1 Licensing of Veterinarians
2 Registration of Animal Technicians
3 Standards and Guidelines for Practice
4 Hearing Rules for Adjudicatory Proceedings
5 Advisory Rulings

STATUTORY AUTHORITY: 32 MRSA 4859
PURPOSE: The board may review and amend these rules to insure conformity with current laws and correctness of language. The board may review and amend the provisions for examination and eligibility for licensure for all licensure levels, including continuing professional education requirements and procedures. The chapter relating to hearings and complaint procedures may be amended to conform with standards utilized by the Office of Licensing and Registration. The fees schedule will be reviewed and modified to insure the board's financial integrity.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees and the public.


02-287
AGENCY: Arborist Examining Board

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1998-99 RULE-MAKING ACTIVITY:

CHAPTER 1: Definitions
STATUTORY AUTHORITY: 32 MRSA 2002
PURPOSE: To establish rules to clarify existing language that would address definitions. Title 32 M.R.S.A. Chapter 29 may be repealed in the next legislative session. If so, no rulemaking would be needed.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 2: Licensing
STATUTORY AUTHORITY: 32 MRSA 2002
PURPOSE: To establish rules to clarify existing language that give credit for educational requirements and re-examine all fees to assure that the Board's operational needs are met. Title 32 M.R.S.A. Chapter 29 may be repealed in the next legislative session. If so, no rulemaking would be needed.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 3: Standards of Practice
STATUTORY AUTHORITY: 32 MRSA 2002
PURPOSE: To establish rules to clarify the code of ethics for Arborists. Title 32 M.R.S.A. Chapter 29 may be repealed in the next legislative session. If so, no rulemaking would be needed.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 4: Enforcement and Disciplinary Procedures
STATUTORY AUTHORITY: 32 MRSA 2002
PURPOSE: To establish rules to clarify the complaint procedure to be followed in conformity with the above-referenced statute. Title 32 M.R.S.A. Chapter 29 may be repealed in the next legislative session. If so, no rulemaking would be needed.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.


02-288
AGENCY: Board of Licensure of Architects, Landscape Architects and Interior Designers

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

CHAPTER 1: Board Administration
STATUTORY AUTHORITY: 32 M.R.S.A. 214(1)
PURPOSE: Minor adjustments may be made as found necessary to improve the Board's efficiency and effectiveness.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees and the public.

CHAPTER 2: Rules for Architects, Landscape Architects and Interior Designers
STATUTORY AUTHORITY: 32 M.R.S.A. 214(1)
PURPOSE: Section 1 may be repealed as the address for the Board has changed, and it would appear that such a provision in the form of a rule is unnecessary. Section 7 may need to be amended to require interior designers to pay an application fee and it may be necessary to repeal the reference to an exam fee, by section, for architect candidates since the fee is not currently paid by the board. Section 8 may be amended to allow licensees to seal documents electronically and the Board may need to clarify the term 'broadly experienced' as set forth by Section 2(A)(3).
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees and license applicants.


02-296
AGENCY: Board of Examiners on Speech-Language Pathology and Audiology

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

CHAPTER:

Chapter 1. General Rules
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 77
PURPOSE:
SUMMARY: These rules establish the eligibility requirements and procedures for licensure, continuing professional education requirements for license renewal, registration and use of Speech-Language Pathology Aides and Assistants, scope of practice of Speech-Language Pathologists and Audiologists, method of handling complaints and Code of Ethics of the Board of Examiners on Speech-Language Pathology and Audiology.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Applicants for licensure, licensees and members of the public.

Chapter 2. Continuing Professional Education Requirements for Renewal of Licensure in Speech-Language Pathology and Audiology
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 77
PURPOSE: These rules set detailed requirements for continuing professional education, including hours needed to be relicensed, approval and relicensing procedures, and definition of approved Continuing Professional Education (CPE) activities.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Applicants for licensure, licensees and members of the public.

Chapter 3. The Registration and Use of Speech-Language Pathology Aides and Speech Language Pathology Assistants by Board Licensed Speech -LanguagePathologists
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 77
PURPOSE: This chapter outlines the guidelines for registration and utilization of Speech-Language Pathology Aides and Speech-Language Pathology Assistants.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Applicants for licensure, licensees and members of the public.

Chapter 4. Scope of Practice
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 77
PURPOSE: This chapter outlines the scope of practice of Speech-Language Pathologists and Audiologists.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Applicants for licensure, licensees and members of the public.


02-297
AGENCY: Board of Chiropractic Examiners

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

CHAPTER 1: Rules for Chiropractors.
STATUTORY AUTHORITY: 32 MRSA 502, 552, 553-A, 558
PURPOSE: Many of the boards current rules do not reflect actual content reflected in its title. The board may repeal this rule and create a new chapter which specifically address licensure, fees, continuing professional education, complaint and enforcement, and standards of practice that reflect current standards and practices. All rules will be reviewed to insure conformity with current laws, correctness of language and consistency with standards, processes and examination requirements and procedures.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Licensees and the public.

CHAPTER 2: Rules for Chiropractors.
STATUTORY AUTHORITY: 32 MRSA 502, 552, 553-A, 558
PURPOSE: Many of the boards current rules do not reflect actual content reflected in its title. The board may repeal this rule and create a new chapter which specifically address licensure, fees, continuing professional education, complaint and enforcement, and standards of practice that reflect current standards and practices. All rules will be reviewed to insure conformity with current laws, correctness of language and consistency with standards, processes and examination requirements and procedures.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Licensees and the public.

CHAPTER 2: Rules for Chiropractors
STATUTORY AUTHORITY: 32 MRSA 502, 552, 553-A, 558
PURPOSE: Many of the boards current rules do not reflect actual content reflected in its title. The board may repeal this rule and create a new chapter which specifically address licensure, fees, continuing professional education, complaint and enforcement, and standards of practice that reflect current standards and practices. All rules will be reviewed to insure conformity with current laws, correctness of language and consistency with standards, processes and examination requirements and procedures.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Licensees and the public.

CHAPTER 3: Rules for Chiropractors.
STATUTORY AUTHORITY: 32 MRSA 502, 552, 553-A, 558
PURPOSE: Many of the boards current rules do not reflect actual content reflected in its title. The board may repeal this rule and create a new chapter which specifically address licensure, fees, continuing professional education, complaint and enforcement, and standards of practice that reflect current standards and practices. All rules will be reviewed to insure conformity with current laws, correctness of language and consistency with standards, processes and examination requirements and procedures.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Licensees and the public.

CHAPTER 4: Rules for Chiropractic Assistants.
STATUTORY AUTHORITY: 32 MRSA 502, 552, 553-A, 558
PURPOSE: Many of the boards current rules do not reflect actual content reflected in its title. The board may repeal this rule and create a new chapter which specifically address licensure, fees, continuing professional education, complaint and enforcement, and standards of practice that reflect current standards and practices. All rules will be reviewed to insure conformity with current laws, correctness of language and consistency with standards, processes and examination requirements and procedures.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Licensees and the public.

CHAPTER 5: Code of Ethics.
STATUTORY AUTHORITY: 32 MRSA 502, 552, 553-A, 558
PURPOSE: Many of the boards current rules do not reflect actual content reflected in its title. The board may repeal this rule and create a new chapter which specifically address licensure, fees, continuing professional education, complaint and enforcement, and standards of practice that reflect current standards and practices. All rules will be reviewed to insure conformity with current laws, correctness of language and consistency with standards, processes and examination requirements and procedures.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Licensees and the public.


02-298
AGENCY: Board of Real Estate Appraisers

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

CHAPTER 100: General Information
STATUTORY AUTHORITY: 32 M.R.S.A. 13968(2)
PURPOSE: Minor adjustments may be made as found necessary to improve the Board's efficiency and effectiveness.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Real estate appraisers, license applicants and the public.

CHAPTER 110: Fees
STATUTORY AUTHORITY: 32 M.R.S.A. 13968(2)
PURPOSE: The Board may reduce certain license fees.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Real estate appraisers.

CHAPTER 115: Education
STATUTORY AUTHORITY: 32 M.R.S.A. 13968(2)
PURPOSE: The Board may need to amend qualifications for licensure as a result of qualification changes approved at the federal level.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Real estate appraisers and license applicants.

CHAPTER 120: Work Experience
STATUTORY AUTHORITY: 32 M.R.S.A. 13968(2)
PURPOSE: The Board may need to amend the work experience standards to ensure that license applicants are able to satisfy any changes made at the federal level.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Real estate appraisers and license applicants.

CHAPTER 130: Prerequisites to Certification as a State-Certified Residential Real Estate Appraiser
STATUTORY AUTHORITY: 32 M.R.S.A. 13968(2)
PURPOSE: The Board may need to amend the qualifications for certification to maintain compliance with federal standards.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Real estate appraisers and certification applicants.

CHAPTER 135: Prerequisites to Certification as a State-Certified General Real Estate Appraiser
STATUTORY AUTHORITY: 32 M.R.S.A. 13968(2)
PURPOSE: The Board may need to amend the qualifications for certification to maintain compliance with federal standards.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Real estate appraisers and certification applicants.

CHAPTER 140: Prerequisites to Licensure as a Real Estate Appraiser
STATUTORY AUTHORITY: 32 M.R.S.A. 13968(2)
PURPOSE: The Board may need to amend the qualifications for licensure to maintain compliance with federal standards.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Real estate appraisers and license applicants.

CHAPTER 145: Prerequisites to Registration as a Real Estate Appraiser Trainee
STATUTORY AUTHORITY: 32 M.R.S.A. 13968(2)
PURPOSE: The Board may need to amend the supervisory duties and/or record keeping sections of the rule consistent with changes in the USPAP standards.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.

CHAPTER 150: ADVISORY RULINGS
STATUTORY AUTHORITY: 32 M.R.S.A. 13968(2)
PURPOSE: Amendments may be necessary to reflect the changes in the administrative support serving the Board.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Real estate appraisers

CHAPTER 160: Complaints and Investigations
STATUTORY AUTHORITY: 32 M.R.S.A. 13968(2)
PURPOSE: Amendments may be necessary to reflect changes made to the Department's complaint procedure.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Real estate appraisers and the public.

CHAPTER 170: Adjudicatory Hearings
STATUTORY AUTHORITY: 32 M.R.S.A. 13968(2)
PURPOSE: The Board may need to adopt additional hearing procedures.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Real estate appraisers and the public.

CHAPTER 180: Code of Ethics
STATUTORY AUTHORITY: 32 M.R.S.A. 13968(2)
PURPOSE: The Board may need to clarify the standards imposed on licensees by the code referenced in the rule.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Real estate appraisers and the public.


02-313
AGENCY: Board of Dental Examiners

CONTACT PERSON: Mrs Irene Boucher, Exec. Sec., 207-287-3333. 143 State House Station, Augusta, ME 04333-0143

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1998-1999 RULE-MAKING ACTIVITY

CHAPTER 3: Rules Relating to the Practice of Denturism
STATUTORY AUTHORITY: 32 M.R.S.A.1073(2)
PURPOSE: Entire rule being revised to reflect legislative changes.
AFFECTED PARTIES: Maine licensed Denturists and their clients
ANTICIPATED SCHEDULE: Prior to July 1999.

CHAPTER 8: Complaints
STATUTORY AUTHORITY: 32 M.R.S.A.1073(2)
PURPOSE: This revision will add definition of sexual misconduct to list of unprofessional conduct.
AFFECTED PARTIES: All Dental Licensees
ANTICIPATED SCHEDULE: Prior to July, 1999.

CHAPTER 11: Anesthesia/Sedation
STATUTORY AUTHORITY: 32 M.R.S.A.1073(2)
PURPOSE: To update the regulations for use of anesthesia by dentists to include conscious sedation by general dentists.
AFFECTED PARTIES: All dentists and the general public
ANTICIPATED SCHEDULE: Prior to July, 1999

Chapter 1 Rules Relating to Dental Hygienists
STATUTORY AUTHORITY: 32 M.R.S.A.1073(2)
PURPOSE: To clarify that a hygienist from another state needs 2 years experience in the past five years in order to qualify to take exam for licensure and add policy regarding retakes of exam.
AFFECTED PARTIES: Dental Hygienists trained and licensed to administer anesthesia in another state.
ANTICIPATED SCHEDULE: Prior to July, 1999

Chapter 12: Continuing Dental Education
STATUTORY AUTHORITY: 32 M.R.S.A.1073(2)
PURPOSE: To clarify that documentation of Continuing Education Credits must be kept for two years post renewal.
AFFECTED PARTIES: Dentists and Dental hygienists licensed in the State of Maine.
ANTICIPATED SCHEDULE: Prior to July, 1999.

Chapter 6: Fees
STATUTORY AUTHORITY: 32 M.R.S.A. 1073(2)
PURPOSE: To set fees
AFFECTED PARTIES: All licensees of the Board
ANTICIPATED SCHEDULE: Prior to July, 1999.


02-318
AGENCY: Electricians' Examining Board

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1998-99 RULE-MAKING ACTIVITY:

CHAPTER - 100: General Provisions
STATUTORY AUTHORITY: 32 MRSA 1153
PURPOSE: The Board intends to review and revise its rules to better clarify the organization and general procedures of the Board.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 110: Conflict of Interest
STATUTORY AUTHORITY: 32 MRSA 1153
PURPOSE: The Board intends to review and revise its rules that outlines the Board members responsible conduct in dealing with Board official duties.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 120: Electrical Installation Standards
STATUTORY AUTHORITY: 32 MRSA 1153
PURPOSE: The Board intends to review and revise its rules that establishes the effective dates of the current edition of the National Electrical Code in which all installations must confirm as well as clarifies applicable statutes.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 130: Licensing Application Procedure
STATUTORY AUTHORITY: 32 MRSA 1153
PURPOSE: The Board intends to review and revise its rules to ensure clarity and conformity with the enabling statute by clarifying the requirements for licensure of electricians.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 140: Examinations
STATUTORY AUTHORITY: 32 MRSA 1153
PURPOSE: The Board intends to review and revise its rules to ensure clarity and conformity with the enabling statute by clarifying the requirements for examination of electricians.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 150: Board Fees
STATUTORY AUTHORITY: 32 MRSA 1153
PURPOSE: The Board intends to review and revise its rules regarding fees for application, examination, licenses and permit fees.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 160: Licenses
STATUTORY AUTHORITY: 32 MRSA 1153
PURPOSE: The Board intends to review and revise its rules to ensure clarity and conformity with the enabling statute by clarifying the requirements for licensure of electricians.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 170: License Renewals
STATUTORY AUTHORITY: 32 MRSA 1153
PURPOSE: The Board intends to review and revise its rules to ensure clarity and conformity with the enabling statute by clarifying the requirements for renewing licenses of electricians.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 180: Complaint Handling
STATUTORY AUTHORITY: 32 MRSA 1153
PURPOSE: The Board intends to review and revise its rules to ensure clarity and conformity with the enabling statute by clarifying the requirements handling complaints.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.

CHAPTER 190: Adjudicatory Hearings
STATUTORY AUTHORITY: 32 MRSA 1153
PURPOSE: The Board intends to review and revise its rules to ensure clarity and conformity with the enabling statute by clarifying how adjudicatory hearings will be handled by the Board.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.


02-322
AGENCY: Board of Registration for Professional Engineers

CONTACT PERSON: Herbert R. Doten, P.E., Board Secretary, Edwin H. MacArthur, P.E., Chairman or Beatrice Gagnon, Office Manager at 92 State House Station, Augusta, ME. 04333- 0092, Tel.: 207-287-3236

CHAPTER 1: Rules and Regulations of State Board of Professional Engineers By Laws
PURPOSE: This chapter describes the operations of the Board, the duties of the various officers and committees of the Board and the procedures for the conduct of Board Meetings. This chapter will be amended to revise the definition of duties.
ANTICIPATED SCHEDULE: Late Summer or early fall 1999
AFFECTED PARTIES: The officers and members of the Board.

CHAPTER 2: Registration of Professional Engineers
STATUTORY AUTHORITY: 32 M.R.S.A., SECTION 1306
PURPOSE: This chapter contains provisions relating to registration requirements and exemptions for Engineers and Engineer-Interns, fees and examinations. They will be amended to reflect changes in the law which will be proposed to the Legislature and which may or may not pass in the next Legislative Session.
ANTICIPATED SCHEDULE: Late summer or early fall 1999.
AFFECTED PARTIES: Registered Professional Engineers, Engineer-Interns and applicants for registration.


02-331
AGENCY: Board of Funeral Service

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

CHAPTER:

Chapter 1. Definitions
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 21
PURPOSE: This Chapter defines terms related to the practice of funeral service.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Consumers, licensees and persons engaged in the businesses of interment.

Chapter 2. Meetings of the Board
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 21
PURPOSE: This Chapter outlines the requirements of regular and special meetings, the election of officers, and the manner in which meetings are conducted. This Chapter also outlines the duties of the inspector.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Consumers, licensees and persons engaged in the businesses of interment.

Chapter 3. Educational Requirements
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 21
PURPOSE:This Chapter sets forth the educational requirements for a person seeking licensure as a practitioner of funeral service in the State of Maine.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Consumers, licensees and persons engaged in the businesses of interment.

Chapter 4. Examination
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 21
PURPOSE: This Chapter outlines the type of examinations administered and other specific information pertaining to the examination.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Consumers, licensees and persons engaged in the businesses of interment.

Chapter 5. Practitioner Trainee
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 21
PURPOSE: This Chapter outlines the requirements and the conditions of licensure as a practitioner trainee.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Consumers, licensees and persons engaged in the businesses of interment.

Chapter 6. Reciprocal Agreements
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 21
PURPOSE: This Chapter outlines the reciprocal agreement procedures and requirements for licensure .
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Consumers, licensees and persons engaged in the businesses of interment.

Chapter 7. Funeral Establishments
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 21
PURPOSE: Rule amendments will be introduced to clarify the requirements for licensing funeral establishments pursuant to 32 M.R.S.A., Chapter 21, and those related to the sale, transfers, or change of name pertaining to funeral homes or businesses.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Consumers, licensees and persons engaged in the businesses of interment.

Chapter 8. Safety and Health Standards
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 21
PURPOSE: Rule amendments will be introduced to articulate with greater specificity the practices to be observed in protecting the safety and health of the general public, by setting forth the equipment and health related requirements applicable to licensed funeral establishments.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Consumers, licensees and persons engaged in the businesses of interment.

Chapter 9. Complaints
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 21
PURPOSE:This Chapter describes the procedure by which complaints and inspections will be handled by the Board.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Consumers, licensees and persons engaged in the businesses of interment.

Chapter 10. Fees
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 21
PURPOSE:This Chapter lists the fees to be charged for all licenses issued under 32 M.R.S.A., Chapter 21.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Consumers, licensees and persons engaged in the businesses of interment.

Chapter 11. General Rules
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 21
PURPOSE: Rule amendments will be introduced to clarify the scope of acceptable practices with respect to licensure requirements, to address the question of regulatory authority over direct disposers, and to outline any obligations applicable to practitioners relating to the sale and servicing of Mortuary Trust Accounts.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Consumers, licensees and persons engaged in the businesses of interment.

Chapter 12. Continuing Education Requirement
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 21
PURPOSE:This Chapter outlines the educational requirements which must be met in order for practitioner of funeral service to renew their licenses.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Consumers, licensees and persons engaged in the businesses of interment.

Chapter 13. Inactive Status
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 21
PURPOSE: This Chapter outlines the requirements and the conditions for inactive license status for a practitioner, director or embalmer who is licensed in funeral service.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Consumers, licensees and persons engaged in the businesses of interment.

Chapter 14. Transportation of Human Remains
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 21
PURPOSE:This Chapter outlines rules regarding transportation of human remains by licensees of funeral service.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Consumers, licensees and persons engaged in the businesses of interment.

Chapter 15. Disinterment
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 21
PURPOSE: This Chapter outlines rules regarding disinterment of human remains by persons licensed in funeral service.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Consumers, licensees and persons engaged in the businesses of interment.

Chapter 16. Storage
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 21
PURPOSE: This Chapter outlines rules regarding storage of human remains by persons licensed in funeral service.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Consumers, licensees and persons engaged in the businesses of interment.

Chapter 17. Code of Ethics
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 21
PURPOSE: This Chapter sets forth rules regarding code of ethics which must be observed by persons licensed in funeral service.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Consumers, licensees and persons engaged in the businesses of interment.


02-333
AGENCY: Board of Licensure for Professional Foresters

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

CHAPTER 1: General Provisions
STATUTORY AUTHORITY: 32 M.R.S.A. 5009(2)
PURPOSE: Amendments may be made as found necessary to improve the Board's efficiency and effectiveness.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensed foresters and license applicants.

CHAPTER 4: Advisory Rulings
STATUTORY AUTHORITY: 32 M.R.S.A. 5009(2)
PURPOSE: Amendments may be necessary to reflect the changes in the administrative support serving the Board.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensed foresters.

CHAPTER 5: General Requirements for Licensure
STATUTORY AUTHORITY: 32 M.R.S.A. 5009(2)
PURPOSE: The Board may need to amend the qualification rule to ensure that the standards set by statute (5012) are interpreted clearly by the rule. Amendments to the continuing education section may be necessary after review of the first year of implementation.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensed foresters and license applicants.

CHAPTER 6: Ethics and Standards of Professional Conduct
STATUTORY AUTHORITY: 32 M.R.S.A. 5009(2)
PURPOSE: Amendments may be necessary to include standards that evolve from changes in the profession.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensed foresters and the public.


02-343
AGENCY: Board of Respiratory Care Practitioners

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

All rules will be reviewed and revised to ensure consistency with laws, language, and gender, including the fees schedule.

CHAPTER 1: Definitions
STATUTORY AUTHORITY: 32 MRSA 9704
PURPOSE: This rule clarifies wording and terminology used throughout the board's rules. The board will consider expanding and defining terminology consistently used throughout and will also incorporate legislation that was passed identifying the appropriate initials used in conjunction with types of licenses issued by the board.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees and the public.

CHAPTER 2: Licensure
STATUTORY AUTHORITY: 32 MRSA 9704
PURPOSE: These rules define and describe eligibility requirements for the various levels of licensure. The application procedures will be reviewed and amended to facilitate the licensing process and insure compliance with current laws as well as review clarity of language and incorporate correct gender balance. The rules will be expanded to incorporate services provided by licensees to home health care recipients.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees and the public.

CHAPTER 3: Standards of Practice
STATUTORY AUTHORITY: 32 MRSA 9704
PURPOSE: These rules define the code of ethics in the practice of respiratory care.
The board will review and update the code of ethics to reflect the standards a care provided today. These rules have not been updated for seven years.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees and the public.

CHAPTER 4: Continuing Respiratory Care Education Requirements for Renewal of Licensure
PURPOSE: These rules establish the required continuing professional education that licensees must complete to be considered for relicensure. These rules will be updated and streamlined to conform with licensing procedures.
STATUTORY AUTHORITY: 32 MRSA 9704
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees and the public.

CHAPTER 5: Enforcement and Disciplinary Procedures
STATUTORY AUTHORITY: 32 MRSA 9704
PURPOSE: These rules establish disciplinary and enforcement procedures. These rules will be updated and amended to conform with current agency procedures and insure that they are in compliance with current laws.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees and the public.


02-344
AGENCY: Board of Licensing of Dietetic Practice

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

CHAPTER:
Chapter 1. General Information
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 105:
PURPOSE: This chapter establishes guidelines relating to meetings, records and advisory rulings.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Consumers, applicants for licensure and existing licensees.

Chapter 2. Rules for Licensing of Dietetic Practice
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 105:
PURPOSE: This chapter outlines the rules regarding licensure in dietetic practice, including educational requirements, examination requirements, application and licensing procedures, fees, and continuing education requirements. Persons providing services for the State or Federal government through the intermediary of a local agency are exempt from the requirements of this Chapter, except in those instances where they provide services outside of the context of State or Federal employment.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Consumers, applicants for licensure and existing licensees.

Chapter 3. Complaints and Investigations
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 105:
PURPOSE: This Chapter describes the procedure by which complaints and investigations will be handled by the Board.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Consumers, applicants for licensure and existing licensees.

Chapter 4. Code of Ethics
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 105:
PURPOSE: This Chapter sets forth rules regarding codes of ethics for licensed dietitians and dietetic technicians.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Consumers, applicants for licensure and existing licensees.


02-360
AGENCY: Board of Licensure for Professional Land Surveyors

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

CHAPTER 1: Definitions
STATUTORY AUTHORITY: 32 M.R.S.A. 13903(2)
PURPOSE: Adoption of amendment of existing rules may require the adoption or repeal of terms currently defined.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees and the public.

CHAPTER 2: Board Practice
STATUTORY AUTHORITY: 32 M.R.S.A. 13903(2).
PURPOSE: Minor amendments may be made as found necessary to improve the Board's efficiency and effectiveness.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees and the public.

CHAPTER 3: Requirements for Licensure
STATUTORY AUTHORITY: 32 M.R.S.A. 13903(2).
PURPOSE: To accommodate the electronic rule conversation process, it will be necessary to amend Section 7 to describe the size and design of the required seal. The Board may adopt a fee to cover the costs of proctoring examinations for applicants from other states.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees.

CHAPTER 4: Professional Development
STATUTORY AUTHORITY: 32 M.R.S.A. 13903(2)
PURPOSE: The Board may establish a 'retired' licensee category, if so, license procedures would need to be adopted to establish and maintain that type of license.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees

CHAPTER 5: Standards of Professional Ethics
STATUTORY AUTHORITY: 32 M.R.S.A. 13903(2)
PURPOSE: Standards of professional ethics evolve with the changes in the profession and, as such, may be amended to address those changes.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees and the public.

CHAPTER 6: Technical Standards of Practice
STATUTORY AUTHORITY: 32 M.R.S.A. 13903(2)
PURPOSE: Societal demands and/or technological changes may require adoption of and/or amendment to a technical standard practice.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees and the public.


02-371
AGENCY: Nursing Home Administrators Licensing Board

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

CHAPTER:

Chapter 1. Definitions
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 2
PURPOSE: These amendments will make the definitions found in the rules of the Nursing Home Administrators Licensing Board for the licensure of Administrators of certain Residential Care Facilities comport with those promulgated by the Department of Human Services, which apply to the Facilities themselves.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Applicants for licensure, certain existing licensees and users of residential care.

Chapter 2. Administrator-in-Training Program
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 2
PURPOSE: This chapter outlines the general requirements of the administrator-in- training program.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Applicants for licensure, certain existing licensees and users of residential care.

Chapter 3. Examination
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 2
PURPOSE: These amendments will make the rules of the Nursing Home Administrators Licensing Board relating to the examination process for the licensure of Administrators of certain Residential Care Facilities comport with those promulgated by the Department of Human Services, which apply to the Facilities themselves.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Applicants for licensure, certain existing licensees and users of residential care.

Chapter 4. Continuing Education
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 2
PURPOSE: These amendments will make the continuing education requirements of the Nursing Home Administrators Licensing Board for the licensure of Administrators of certain Residential Care Facilities comport with those promulgated by the Department of Human Services, which apply to the Facilities themselves.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Applicants for licensure, certain existing licensees and users of residential care.

Chapter 5. Licensing
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 2
PURPOSE: These amendments will make the licensing rules of the Nursing Home Administrators Licensing Board for the licensure of Administrators of certain Residential Care Facilities comport with those promulgated by the Department of Human Services, which apply to the Facilities themselves.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Applicants for licensure, certain existing licensees and users of residential care.

Chapter 6. Endorsement
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 2
PURPOSE: This chapter outlines the process for endorsement for out of state licenses.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Applicants for licensure, certain existing licensees and users of residential care.

Chapter 7. Temporary Licenses
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 2
PURPOSE: This chapter outlines the requirements for temporary licensure.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Applicants for licensure, certain existing licensees and users of residential care.

Chapter 8. Disciplinary Action Against Licensees
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 2
PURPOSE: This chapter outlines the process to appeal the decision of the Board to deny, suspend or revoke a license.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Applicants for licensure, certain existing licensees and users of residential care.

Chapter 9. Advisory Rulings
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 2
PURPOSE: This chapter defines the process for obtaining advisory rulings with regard to interpretation of these rules.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Applicants for licensure, certain existing licensees and users of residential care.

Chapter 10. Fees
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 2
PURPOSE: This chapter defines all fees related to Board functions.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Applicants for licensure, certain existing licensees and users of residential care.


02-380
AGENCY: Board of Nursing

CONTACT PERSON: Myra Broadway, Executive Director, 158 State House Station, Augusta, ME 04330-158

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA:
Amendment to Chapter 8 - February 24, 1998
(Adopted through normal process June 1998 and effective June 28, 1998)

CHAPTER 4: Rules Relating to Disciplinary Action and Violations of Law
STATUTORY AUTHORITY: 32 M.R.S.A. SECTION 2153-A(1)
PURPOSE: Chapter 4 will be amended to define what constitutes patient abandonment, and to include as grounds for discipline violations of professional boundaries and sexual misconduct.
ANTICIPATED SCHEDULE: Prior to January, 1999
AFFECTED PARTIES: Licensed Nurses

CHAPTER 5: Regulations Relating to Training Programs and Delegation by Registered Professional Nurses of Selected Nursing Tasks to Certified Nursing Assistants
STATUTORY AUTHORITY: 32 M.R.S.A. Section 2153-A(1)
PURPOSE: Chapter 5 will be amended to update regulations relating to training programs and delegation of selected nursing tasks.
ANTICIPATED SCHEDULE: Prior to October, 1999
AFFECTED PARTIES: Licensed Nurses, Certified Nursing Assistants

CHAPTER 8: Rules Relating to Advanced Practice Registered Nursing
STATUTORY AUTHORITY: 32 M.R.S.A. Section 2102(2-A)(B) and (C) and Section 2153-A(1)
PURPOSE: Chapter 8 will be amended to revise the requirements for continuing approval for nurses in advanced practice.
ANTICIPATED SCHEDULE: Prior to September, 1999
AFFECTED PARTIES: Advanced Practice Registered Nurses

CHAPTER 10: Regulations Relating to Administration of Intravenous Therapy by Licensed Nurses
STATUTORY AUTHORITY: 32 M.R.S.A. Section 2153-A(1)
PURPOSE: Chapter 10 will be amended to update standards of current practice in intravenous therapy and to clarify requirements for course approval.
ANTICIPATED SCHEDULED: Prior to July, 1999
AFFECTED PARTIES: Licensed Nurses


02-381
AGENCY: Oil and Solid Fuel Board

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

CHAPTERS:

1 Definitions
2 General Information
3 Licensure Requirements
4 Examination Requirements
5 Use of Other License Authorities
6 Fees
7 Adoption of Standards and Rules
8 Modification of Standards
9 Installation of Oil Burning Equipment
10 Installation of Solid Fuel Burning Equipment
11 Chimneys
12 Installation of Oil Fired Equipment in Repair, Parking and Residential Garages
13 Installation of Waste Oil Appliances and Waste Oil Supply Tanks
14 Complaints, Investigations and Adjudicatory Hearings

STATUTORY AUTHORITY: 32 MRSA 2353
PURPOSE: The board may review and amend the chapters listed above as may be necessary to insure relevance with current laws and standards. The board may review and revise all rules with the intention of clarifying and updating installation standards of oil fired equipment and solid fuel equipment in the State of Maine, including expanding the list of definitions, review and revise initial and relicensing requirements and processes for various licensing categories as may be needed.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.


02-382
AGENCY: Maine State Board of Optometry

CONTACT PERSON: Agnes Pavone, Executive Secretary, 113 State House Station, Augusta, Maine 04333-0113. Phone: 207/287-2535

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1998-99 RULE-MAKING ACTIVITY:

The Maine State Board of Optometry does not anticipate any changes in "Rules" between now and October, 1999.


02-384
AGENCY: Board of Alcohol and Drug Counselors

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

CHAPTER 1: Eligibility, Testing, Educational, Work experience, Application,
Reciprocity, and Fee Requirements.
STATUTORY AUTHORITY: 32 MRSA 6212, 6215, 6219
PURPOSE: The board may repeal and create new chapters that more appropriately address licensure, fees, continuing professional education, enforcement, grounds for discipline and standards of practice. The board will also review all rules to insure conformity with current laws, correctness of language and consistency with standards. Qualification for licensure will be reviewed as well as the fee structure.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Licensees and the public.

CHAPTER 2: Continuing Professional Education.
STATUTORY AUTHORITY: 32 MRSA 6212, 6215, 6219
PURPOSE: The board may repeal and create new chapters that more appropriately address licensure, fees, continuing professional education, enforcement, grounds for discipline and standards of practice. The board will also review all rules to insure conformity with current laws, correctness of language and consistency with standards. Qualification for licensure will be reviewed as well as the fee structure.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Licensees and the public.

CHAPTER 3: Appeals and Disciplinary Procedures.
STATUTORY AUTHORITY: 32 MRSA 6212, 6215, 6219
PURPOSE: The board may repeal and create new chapters that more appropriately address licensure, fees, continuing professional education, enforcement, grounds for discipline and standards of practice. The board will also review all rules to insure conformity with current laws, correctness of language and consistency with standards. Qualification for licensure will be reviewed as well as the fee structure.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Licensees and the public.

CHAPTER 4: Complaint Handling.
STATUTORY AUTHORITY: 32 MRSA 6212, 6215, 6219
PURPOSE: The board may repeal and create new chapters that more appropriately address licensure, fees, continuing professional education, enforcement, grounds for discipline and standards of practice. The board will also review all rules to insure conformity with current laws, correctness of language and consistency with standards. Qualification for licensure will be reviewed as well as the fee structure.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Licensees and the public.

CHAPTER 5: Advisory Rulings.
STATUTORY AUTHORITY: 32 MRSA 6212, 6215, 6219
PURPOSE: The board may repeal and create new chapters that more appropriately address licensure, fees, continuing professional education, enforcement, grounds for discipline and standards of practice. The board will also review all rules to insure conformity with current laws, correctness of language and consistency with standards. Qualification for licensure will be reviewed as well as the fee structure.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Licensees and the public.

CHAPTER 6: Code of Ethics.
STATUTORY AUTHORITY: 32 MRSA 6212, 6215, 6219
PURPOSE: The board may repeal and create new chapters that more appropriately address licensure, fees, continuing professional education, enforcement, grounds for discipline and standards of practice. The board will also review all rules to insure conformity with current laws, correctness of language and consistency with standards. Qualification for licensure will be reviewed as well as the fee structure.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Licensees and the public.


02-385
AGENCY: Manufactured Housing Board

CONTACT PERSON: Carol E. Holt, Board Clerk, 35 State House Station, Augusta, ME 04333-0035. Tel: (207) 624-8612.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

EXPECTED 1998-99 RULE-MAKING ACTIVITY:

CHAPTER 110: Adoption of Codes and Standard
STATUTORY AUTHORITY: 10 M.R.S.A. 9005 and 9042
PURPOSE: These rules regulate the codes and standards for the construction and the installation of state certified manufactured housing. They will be amended to reflect the most recent edition of NFPA 31 Installation of Oil Burning Equipment as adopted by the State of Maine Oil and Solid Fuel Board.
ANTICIPATED SCHEDULE: Late summer or early fall 1998.
AFFECTED PARTIES: The general public and licensees.

CHAPTER 320: Licensing - Definitions
STATUTORY AUTHORITY: 10 M.R.S.A. 9005; 9021 and 9022
PURPOSE: These rules define terms relating to the licensing of dealers, mechanics and manufacturers of manufactured housing. They will be amended to add a definition for a branch location and to clarify the existing rules regarding the definition of installation for manufactured housing.
ANTICIPATED SCHEDULE: Late summer or early fall 1998.
AFFECTED PARTIES: The general public and licensees.

CHAPTER 330: Licensing - Administration
STATUTORY AUTHORITY: 10 M.R.S.A. 9005; 9021 and 9022
PURPOSE: These rules set policy and guidelines for the applicant in submitting applications for consideration by the Board. They will be amended to provide better customer service and to set a policy for processing completed applications.
ANTICIPATED SCHEDULE: Late summer or early fall 1998.
AFFECTED PARTIES: The general public and licensees.

CHAPTER 340: Licensing - Licenses
STATUTORY AUTHORITY: 10 M.R.S.A. 9005; 9021 and 9022
PURPOSE: These rules adopted 5 M.R.S.A. 5301-5304 regarding occupational license disqualification; establishes qualifications for obtaining a license; describes enforcement action; issuance of licenses; voluntary license surrender; classification and scopes of each license; and the license fees. These will be amended to adopt the revised version of 5 M.R.S.A. 5301-5304; establishes and provides applicants with training and/or examination prior to issuance of license; establishes a policy for incomplete applications; defines employee of a dealer and manufacturer; and sets limitations on the type of work performed by the licensee. The amended rule will also clarify the requirement that one of the technical references submitted by the applicant must be a licensee of the Board.
ANTICIPATED SCHEDULE: Late summer or early fall 1998.
AFFECTED PARTIES: The general public and licensees.

CHAPTER 381: Licensing - Notice of Installation
STATUTORY AUTHORITY: 10 M.R.S.A. 9005 (9006-A repealed)& 9006-C
PURPOSE: This rule established a policy for installers to file monthly installation reports with the Board and pay a $35 fee for each installation. 9006-A was repealed. This amendment will repeal entire chapter and replace it with the new process of requiring the installer to affix an installation warranty seal in all homes installed. The cost of the seal is $25.
ANTICIPATED SCHEDULE: Late summer or early fall 1998.
AFFECTED PARTIES: The general public and licensees.

CHAPTER 900: Manufactured Home Installation Standard
STATUTORY AUTHORITY: 10 M.R.S.A. 9005 and 9006
PURPOSE: These rules establish standards for the installation of mobile homes. They will be amended to clarify the existing rules regarding grandfathered sites, anchoring, skirting, ground covers and clarify instances where 25 psf wind load homes are required.
ANTICIPATED SCHEDULE: Late summer or early fall 1998.
AFFECTED PARTIES: The general public and licensees.

NEW RULE: Rules Governing the Guidelines for Warranty Items in Manufactured Housing
STATUTORY AUTHORITY: 10 M.R.S.A. 9005 and 9009
PURPOSE: These rules will establish a guideline for those items considered to be covered under the Maine Warranty Law and enforceable by the Board.
ANTICIPATED SCHEDULE: Late summer or early fall 1998.
AFFECTED PARTIES: The general public and licensees.


02-392
AGENCY: Board of Commissioners of the Profession of Pharmacy

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

CHAPTER

1 Computer Regulations
2 Nuclear Drug Outlet Regulations
3 Sterile Pharmaceuticals
4 Complaint Handling and Enforcement
5 Adjudicatory Hearings
6 Advisory Rulings
7 Continuing Education
8 Security
9 Out of State Mail Order Drug Companies
10 General Rules
11 Generic Substitution
12 Adoption of Federal Regulations
13 Previous Pharmacy Regulations
14 Application for the Registration of a Drug Outlet
15 Registration of Wholesale Drug Distributors
16 Patient Counseling Requirements

STATUTORY AUTHORITY: 32 MRSA 13720
PURPOSE: The board may review and amend the chapters listed above as may be necessary to insure relevance with current laws and standards. The board may review and revise all rules with the intention of clarifying and updating requirements, including expanding the list of definitions, review and revise initial and relicensing requirements and processes for various licensing categories as may be needed, attending to any discrepancies that may not be in compliance with the board's laws and other national standards, and correctness of language and references. Specifically the board will:
1. Consider minimum staffing requirements;
2. Revise the examination procedures and fees in general;
3. Review and update the chapter on generic substitutions;
4. Address the issue of drug purchases outside the State of Maine;
6. The manner in which prescriptions are called in to pharmacies;
7. Review and revised the rules regarding drug outlets to include outlets that deal
exclusively with veterinary medicine;
8. Review and update the complaint procedures to conform with current Office policy;
9. Determine and set procedures and standards for the issuance of fines and citations
by pharmacy inspectors;
10. Determine requirements and procedures for foreign pharmacy graduates
applicants as well as clarify reciprocal requirements;
11. Review and revise the continuing education requirements for relicensure;
12. Establish a bill of rights for patients.
Several laws were enacted that affect this board. In addition to the chapters specified above, new chapters may be developed to:
1. Set training, qualifications and employment standards for pharmacy technicians;
2. Set requirements and standards that apply specifically to mail order contact lens
suppliers; and
3. Standards regarding possession and administration of noncontrolled prescription
drugs by a professional nurse or an advanced practice registered nurse.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees, including pharmacies, and the public.


02-393
AGENCY: Board of Examiners in Physical Therapy

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

CHAPTER 1: Rules for Physical Therapists and Physical Therapist Assistants and Physical Therapy Aides
STATUTORY AUTHORITY: 32 MRSA 3112
PURPOSE: This chapter outlines provisions and organization of the board, application and examination requirements for physical therapists and assistants, and supervision of physical therapy aides. The board may review these rules to insure that they are up to date and that they conform with current laws with particular attention paid to: language; temporary permits; fees and the demonstrated proficiency in written and spoken English. These rules may be amended to conform with the expected change in examination procedures and develop new application procedures. The board may consider implementing new rules for continuing professional education.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees and the public.

CHAPTERS: 2 Enforcement and Disciplinary Procedures
STATUTORY AUTHORITY: 32 MRSA 3112
PURPOSE: This chapter defines the complaint procedure. These rules may be modified and amended to conform with standards utilized by the Office of Licensing and Registration as well as a thorough review of the code of ethics.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees and the public.


02-395
AGENCY: Plumbers' Examining Board

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

CHAPTERS:

1 General Provisions
2 Complaints, Investigations and Adjudicatory Hearings
3 Licensing Requirements
4 Installation Standards
5 Examinations
6 Reciprocity
7 Fees
8 Conflict of Interest

STATUTORY AUTHORITY: 32 MRSA 3403
PURPOSE: The Board intends to review and revise its rules to ensure clarity and conformity with the enabling statute by clarifying the requirements for examination and licensure of plumbers.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.


02-396
AGENCY: Board of Licensure of Podiatric Medicine

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

CHAPTER:

Chapter 1. Licensing of Podiatrists
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 51.
PURPOSE: This Chapter outlines the application procedure and qualifications for licensure.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Applicants, existing licensees, and members of the public.

Chapter 2. Fees
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 51.
PURPOSE: This Chapter establishes the fees charged for licensure and license renewal.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Applicants, existing licensees, and members of the public.

Chapter 3. Continuing Education for Podiatrists
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 51.
PURPOSE: This Chapter establishes the academic requirements for continuation of licensure.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Applicants, existing licensees, and members of the public.


02-415
AGENCY: Board of Psychologists

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

CHAPTER 3 Licensure
STATUTORY AUTHORITY: 32 MRSA 3824
PURPOSE: This chapter outlines eligibility for licensure for psychologists and psychological examiners, application and exam procedures, types of licensure, and intervention privileges for examiners. The board will review these rules to insure that they are up to date and conform with current laws. The board is considering entering in to a reciprocal agreement with the ASPPB and may chose to modify and/or amend these rules to that affect.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees and the public.

CHAPTERS

1 Introduction
2 Definitions
4 Standards of Practice
5 Continuing Professional Education
6 Fees
7 Enforcement & Disciplinary Procedures

STATUTORY AUTHORITY: 32 MRSA 3824
PURPOSE: The board may review these rules to insure that they are current and conform with current laws, and consistency of language. The enforcement and disciplinary procedures will be reviewed and amended to reflect current processes and practice.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensees and the public.


02-416
AGENCY: Board of Social Worker Licensure

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

CHAPTER:

Chapter 1. Introduction
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 83.
PURPOSE: This chapter sets forth the general intent and purpose of these rules..
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Applicants for licensure, licensees and members of the public.

Chapter 2. Definitions
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 83.
PURPOSE: This chapter sets forth definitions of the terms used by the Board of Social Worker Licensure in these rules. These terms include those provided in the statute itself as well as additional definitions which add clarity to the rules.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Applicants for licensure, licensees and members of the public.

Chapter 3. Licensure
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 83.
PURPOSE: This chapter sets forth eligibility criteria for the various licensure levels; the methods of application for social worker licensure; the steps of the examination application process; criteria for the clinical setting; and the fee structure for all social worker licensure levels.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Applicants for licensure, licensees and members of the public.

Chapter 4. Standards of Practice
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 83.
PURPOSE: This chapter sets forth the standards of social work practice in Maine as determined by the Board of Social Worker Licensure. These standards include: a code of ethics; the functions permitted by law at each social worker licensure level; the criteria for continuing professional education required for licensure renewal and the process to be followed to meet this requirement; plus a description of the importance of the consultant used in licensing procedures.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Applicants for licensure, licensees and members of the public.

Chapter 5. Enforcement & Disciplinary Procedures
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 83.
PURPOSE: This chapter outlines the enforcement and disciplinary procedures used by the Board of Social Worker Licensure. Included are the specific grounds for discipline as well as clarification of the terms used in this chapter.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Applicants for licensure, licensees and members of the public.


02-445
AGENCY: Board of Licensing of Auctioneers

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

CHAPTER 1: Definitions
STATUTORY AUTHORITY: 32 M.R.S.A. 271
PURPOSE: The Board may need to amend the rule to reflect changes in practice.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensed auctioneers.

CHAPTER 2: Board Practice
STATUTORY AUTHORITY: 32 M.R.S.A. 271
PURPOSE: The Board may need to amend the application process to ensure a timely and efficient review of applications and/or investigations and hearings. In addition, the Board may need to increase fees to avoid a projected deficit.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensed auctioneers.

CHAPTER 3: Technical Standards of Practice
STATUTORY AUTHORITY: 32 M.R.S.A. 271
PURPOSE: The Board may need to amend the rule as changes in the business demand reasonable standards be established to safeguard the public interest.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensed auctioneers and the public.

CHAPTER 4: Standards of Professional Ethics
STATUTORY AUTHORITY: 32 M.R.S.A. 271
PURPOSE: The Board may amend the rule as changes in practice demand.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensed auctioneers and the public.

CHAPTER 5: Unprofessional Conduct
STATUTORY AUTHORITY: 32 M.R.S.A. 271
PURPOSE: The Board may need to clarify or adopt a standard should the current list not address conduct that would otherwise result in disciplinary action by the Board.
ANTICIPATED SCHEDULE: Within one (1) year, if needed.
AFFECTED PARTIES: Licensed auctioneers.


02-465
AGENCY: Radiologic Technology Board of Examiners

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

CHAPTER:

Chapter 1. The Medical Radiation Technology Licensing Rules
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 103
PURPOSE: These rules are established by the Radiologic Technology Board of Examiners. They cover the licensing, examination, and conduct of all persons who apply ionizing radiation to human beings for diagnostic or therapeutic purposes, except those specifically exempted by statute. Licensure eligibility, examination requirements, and fees are included in these rules.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Applicants for licensure, licensees and members of the public.

Chapter 2. Educational Requirements for Courses of Study for Limited Licensure
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 103
PURPOSE: These rules present the minimum requirements for an individual course of study to be approved for education and training for limited license radiography.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Applicants for licensure, licensees and members of the public.

Chapter 3. Competency Requirements for Renewal of Radiologic Technology License
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 103
PURPOSE: This chapter sets forth continuing education requirements for license renewal in the State of Maine. These requirements comport with those for certification by the ARRT (American Registry of Radiologic Technologists).
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Applicants for licensure, licensees and members of the public.


02-477
AGENCY: Board of Occupational Therapy Practice

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

CHAPTER:

Chapter 1. Rules and Regulations
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 32
PURPOSE: These changes, by either amendment or repeal and replacement, will bring the rules into conformity with recently-enacted legislation (Chapters 212 and 294, PL '97), and update the paramenters for practitioners' scope of practice.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Applicants for licensure, existing licensees and members of the public.

Chapter 2. Continuing Professional Education Requirements for Renewal of Licensure in Occupational Therapy
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 32
PURPOSE: These changes, by either amendment or repeal and replacement, will update the continuing education requirements.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Applicants for licensure, existing licensees and members of the public.


02-502
AGENCY: Board of Complementary Health Care Practitioners

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

CHAPTERS 1 to 9 have been proposed, public hearing held, adopted by the board and pending final review for form and legality by the Attorney General's Office.
Chapter 1 Definitions
Chapter 2 General Provisions
Chapter 3 Licensure Requirement for Acupuncturists
Chapter 4 Licensure Requirement for Naturopathic Doctors
Chapter 5 Standards for Continuing Professional Education for Acupuncturists
and Naturopathic Doctors
Chapter 6 Standards Relating to Prescriptive Authorities and Collaborative
Relationships
Chapter 7 Enforcement and Disciplinary Procedures
Chapter 8 Code of Ethics
Chapter 9 Fees

STATUTORY AUTHORITY: 32 MRSA 12503
PURPOSE: This board was formerly the Acupuncture Board. The newly established board, Board of Complementary Health Care Providers, which licenses acupuncturists and naturopathic doctors became effective on July 5, 1996. The board is currently in the process of proposing and adopting rules. All current as established by the former Acupuncture Board will be repealed and replaced with new rules which establish qualification and licensing procedures, fees schedule, disciplinary and enforcement, continuing education, formulary and collaborative supervision.
ANTICIPATED SCHEDULE: Final adoption is expected for late summer for all chapters with the exception of chapters 5 and 6. Chapters 5 and 6 are major substantive rule making, it is expected that the final adoption of these chapter may be in the fall or winter of 1999.
AFFECTED PARTIES: Licensees and the public.


02-514
AGENCY: Board of Counseling Professionals Licensure

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

EXPECTED 1998-1999 RULE-MAKING ACTIVITY:

Chapter 1. General
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 119.
PURPOSE: The rule will be amended to add a definition of "inactive status" to respond to situations in which a license-holder suspends professional activity for a limited period of time.
ANTICIPATED SCHEDULE: Fall or winter 1998.
AFFECTED PARTIES: Consumers, applicants for licensure and existing licensees.

Chapter 2. Licensure Requirements and Examination Procedure
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 119.
PURPOSE: This Chapter outlines the education requirements, examination procedure, and the supervision and supervisor requirements for each license category governed by the Board.
ANTICIPATED SCHEDULE: Fall or winter 1998.
AFFECTED PARTIES: Consumers, applicants for licensure and existing licensees.

Chapter 3. Registration Requirements
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 119.
PURPOSE: This Chapter outlines the requirements for registration with the Board of Counseling Professionals Licensure.
ANTICIPATED SCHEDULE: Fall or winter 1998.
AFFECTED PARTIES: Consumers, applicants for licensure and existing licensees.

Chapter 4. Conditional License
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 119.
PURPOSE: This Chapter outlines the requirements for conditional licensure with the Board of Counseling Professionals Licensure.
ANTICIPATED SCHEDULE: Fall or winter 1998.
AFFECTED PARTIES: Consumers, applicants for licensure and existing licensees.

Chapter 5. Licensure by Comity
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 119.
PURPOSE: The rule will be amended to clarify the language pertaining to reciprocity among jurisdictions.
ANTICIPATED SCHEDULE: Fall or winter 1998
AFFECTED PARTIES: Consumers, applicants for licensure and existing licensees.

Chapter 6. Application Procedure
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 119.
PURPOSE: This Chapter outlines the procedure to be followed by applicants for licensure and registration.
ANTICIPATED SCHEDULE: Fall or winter 1998
AFFECTED PARTIES: Consumers, applicants for licensure and existing licensees.

Chapter 7. Renewal of Licensure
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 119.
PURPOSE: The rule will be amended to explain the impact of this "inactive status" on license renewal.
ANTICIPATED SCHEDULE: Fall or winter 1998.
AFFECTED PARTIES: Consumers, applicants for licensure and existing licensees.

Chapter 8. Standards of Practice
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 119.
PURPOSE: The rule will be amended to expand the description of the "Disclosure Statement" to include identification of the practitioner's areas of competence and articulate the prohibition against reusing the same continuing education unit credits for more than one renewal period.
ANTICIPATED SCHEDULE: Fall or winter 1998.
AFFECTED PARTIES: Consumers, applicants for licensure and existing licensees.

Chapter 9. Fees
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 119.
PURPOSE: This Chapter outlines the fees charged by the Board of Counseling Professionals Licensure.
ANTICIPATED SCHEDULE: Fall or winter 1998.
AFFECTED PARTIES: Consumers, applicants for licensure and existing licensees.

Chapter 10. Enforcement and Disciplinary Procedure
STATUTORY AUTHORITY: Title 32 M.R.S.A., Chapter 119.
PURPOSE: This Chapter outlines enforcement and disciplinary procedures as follows: (1) Denial of Licensure; (2) Complaints; (3) Disciplinary Procedures; and (4) Reinstatement Following Disciplinary Action.
ANTICIPATED SCHEDULE: Fall or winter 1998.
AFFECTED PARTIES: Consumers, applicants for licensure and existing licensees.


02-582
AGENCY: Propane and Natural Gas Board

CONTACT PERSON: Anne L. Head, Director, 35 State House Station, Augusta, Maine 04333-0035. 207-624-8633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

CHAPTERS:

1 Definitions
2 General Information
3 Licensure/Registration Requirements
4 Examination Requirements
5 Installation Standards
6 Complaints, Investigations and Adjudicatory Hearings
7 Fees

STATUTORY AUTHORITY: 32 MRSA 14804
PURPOSE: The board may review and amend the chapters listed above as may be necessary to insure relevance with current laws and standards. The board may review and revise all rules with the intention of clarifying and updating installation standards in the State of Maine, including expanding the list of definitions, review and revise initial and relicensing requirements and processes for various licensing categories as may be needed.
ANTICIPATED SCHEDULE: Prior to July, 1999
AFFECTED PARTIES: The general public and licensees.


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