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State of Maine

12
Department of Labor
1998-99 Regulatory Agenda

The following explain the statutory basis, purpose, contemplated schedule, and potentially benefited and regulated parties for these rules.

The Maine Department of Labor has not adopted any emergency rules since the due date of the previous regulatory agenda.

For further information, please contact Lisa Nolan at 20 Union Street, P.O. Box 309, Augusta, Maine 04332-0309, telephone number 287-3788, or any of the contacts listed on the subsequent pages.


12-150: Bureau of Rehabilitation Services, Division for the Blind And Visually Impaired
12-152: Bureau of Rehabilitation Services, Division of Vocational Rehabilitation
12-168: Bureau of Unemployment Compensation
12-169: Unemployment Insurance Commission
12-170: Bureau of Labor Standards
12-179: Board of Occupational Safety and Health
12-180: Maine Labor Relations Board

12-169 - Unemployment Insurance Commission

CONTACT PERSON, ADDRESS, PHONE: John B. Wlodkowski, Chairman, Unemployment Insurance Commission, 175 Lancaster Street, P. O. Box 856, Portland, ME 04104-0856. (207) 822-0200

CHAPTER NUMBER (IF KNOWN): Chapter 1
TITLE: Definitions
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 1082(2)
PURPOSE OF THE RULE: To revise or correct current definitions including, but not limited to, the meaning of "employing unit", "prorated benefits," "successor," "temporary employment agency," "employee leasing arrangement," "leased employee," "joint venture," "immediate family," "parental obligation," "interested party," and "good cause."
SCHEDULE FOR ADOPTION OF THE RULE: By January, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Maine employers and employees.

CHAPTER NUMBER (IF KNOWN): Chapter 2
TITLE: Employer Notices, Records, Contributions and Reimbursement Payments and Reports
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 1082(2)
PURPOSE OF THE RULE: To clarify the rule regarding successor employers and to modify rules relating to combined reporting of unemployment insurance contributions.
SCHEDULE FOR ADOPTION OF THE RULE: By January, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Maine employers and employees.

CHAPTER NUMBER (IF KNOWN): Chapter 3
TITLE: Unemployment Benefits, Intrastate
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 1082(2)
PURPOSE OF THE RULE: To clarify the procedure for prorating benefits to partially unemployed claimants and to revise guidelines regarding time limits and other matters relating to the filing of initial and weekly unemployment claims.
SCHEDULE FOR ADOPTION OF THE RULE: By January, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Maine employers and employees.

CHAPTER NUMBER (IF KNOWN): Chapter 4
TITLE: Unemployment Benefits, Interstate
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 1082(2)
PURPOSE OF THE RULE: To modify definitions and weekly reporting requirements related to interstate claims.
SCHEDULE FOR ADOPTION OF THE RULE: By January, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Maine employers and employees.

CHAPTER NUMBER (IF KNOWN): Chapter 5
TITLE: Rule of Practice Governing Adjudicatory Proceedings
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 1082(2)
PURPOSE OF THE RULE: To revise guidelines for the Commission's treatment of adjudication issues, including, but not limited to, remands, attorney fees, and filing procedures for appeals.
SCHEDULE FOR ADOPTION OF THE RULE: By January, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Maine employers and employees.

CHAPTER NUMBER (IF KNOWN): Chapter 8
TITLE: Payments for Dependents
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 1082(2)
PURPOSE OF THE RULE: To make minor name changes and revise time limits for providing information in support of dependency claims.
SCHEDULE FOR ADOPTION OF THE RULE: By January, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Maine employers and employees.

CHAPTER NUMBER (IF KNOWN): Chapter 9
TITLE: Able and Available Requirements
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 1082(2)
PURPOSE OF THE RULE: To clarify guidelines related to ability to work and availability for work.
SCHEDULE FOR ADOPTION OF THE RULE: By January, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Maine employers and employees.

CHAPTER NUMBER (IF KNOWN): Chapter 10
TITLE: Work Search Requirements
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 1082(2)
PURPOSE OF THE RULE: To modify procedures related to work searches.
SCHEDULE FOR ADOPTION OF THE RULE: By January, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Maine employers and employees.

CHAPTER NUMBER (IF KNOWN): Chapter 11
TITLE: Deputy Determinations
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 1082(2)
PURPOSE OF THE RULE: To revise and clarify rules with respect to deputy determinations, including, but not limited to, employer charge issues, the provision of information by claimants and employers, and partial unemployment.
SCHEDULE FOR ADOPTION OF THE RULE: By January, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Maine employers and employees.

CHAPTER NUMBER (IF KNOWN): Chapter 14
TITLE: Education Institution Employees
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 1082(2)
PURPOSE OF THE RULE: To clarify definitions related to educational institutions and vacations and the procedure for determining eligibility of substitute employees of education institutions.
SCHEDULE FOR ADOPTION OF THE RULE: By January, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Maine employers and employees.

CHAPTER NUMBER (IF KNOWN): Chapter 16
TITLE: Benefit Payments to Illegal Aliens
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 1082(2)
PURPOSE OF THE RULE: To revise guidelines for filing claims by aliens and to repeal Rule 100, which has been superseded by federal statute.
SCHEDULE FOR ADOPTION OF THE RULE: By January, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Maine employers and employees.

CHAPTER NUMBER (IF KNOWN): Chapter 17
TITLE: Voluntary Leaving
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 1082(2)
PURPOSE OF THE RULE: To clarify rules with respect to claimants leaving work due to illness or disability, to follow their spouse, and while on leave.
SCHEDULE FOR ADOPTION OF THE RULE: By January, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Maine employers and employees.

CHAPTER NUMBER (IF KNOWN): Chapter 19
TITLE: Other Remuneration
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 1082(2)
PURPOSE OF THE RULE: To clarify the procedure for allocating bonus payments, severance pay, and other remuneration to particular periods.
SCHEDULE FOR ADOPTION OF THE RULE: By January, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Maine employers and employees.

CHAPTER NUMBER (IF KNOWN): Chapter 20
TITLE: Unemployment Fraud or Misrepresentation by Claimants
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 1082(2)
PURPOSE OF THE RULE: To revise requirements related to fraud determinations and procedures.
SCHEDULE FOR ADOPTION OF THE RULE: By January, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Maine employers and employees.

CHAPTER NUMBER (IF KNOWN): Chapter 22
TITLE: Extended Benefits
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 1082(2)
PURPOSE OF THE RULE: To clarify work search requirements for extended benefits.
SCHEDULE FOR ADOPTION OF THE RULE: By January, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Maine employers and employees.

CHAPTER NUMBER (IF KNOWN): Chapter 23
TITLE: Dislocated Worker Benefits
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 1082(2)
PURPOSE OF THE RULE: To clarify definitions related to enrollment in a training program and suitable employment.
SCHEDULE FOR ADOPTION OF THE RULE: By January, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Maine employers and employees.

CHAPTER NUMBER (IF KNOWN): Chapter 24
TITLE: Approved Training
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 1082(2)
PURPOSE OF THE RULE: To revise procedures and standards for the prior approval of training programs, individual requests for approved training, and participation requirements.
SCHEDULE FOR ADOPTION OF THE RULE: By January, 1998
POTENTIALLY BENEFITED AND REGULATED PARTIES: Maine employers and employees.

CHAPTER NUMBER (IF KNOWN):
TITLE: Waivers
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 1082(2)
PURPOSE OF THE RULE: To adopt procedures and standards for claimants for waivers of overpayments, future benefit deductions, and income tax setoffs.
SCHEDULE FOR ADOPTION OF THE RULE: By January, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Maine employers and employees.

CHAPTER NUMBER (IF KNOWN):
TITLE: Employee Leasing
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 1082(2)
PURPOSE OF THE RULE: To provide guidelines for the Maine Department of Labor's treatment of employee leasing arrangements.
SCHEDULE FOR ADOPTION OF THE RULE: By January, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Maine employers and employees.


12-168 - Bureau of Unemployment Compensation

CONTACT PERSON, ADDRESS, PHONE: Gail Thayer, Director, 54 State House Station, Augusta, ME 04333-0054. (207) 287-2316

CHAPTER NUMBER (IF KNOWN): Chapter 11
TITLE: Maine Enterprise Option Program
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 1197
PURPOSE OF THE RULE: Legislation enacted in 1997 corrected an inconsistency caused when 26 M.R.S.A. 2015-A(10) was repealed. Chapter 11 will be amended consistent with this legislative change.
SCHEDULE FOR ADOPTION OF THE RULE: By January, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Any person aggrieved by a determination of nonacceptance into the MEO program.


12-170 - Bureau of Labor Standards

CONTACT PERSON, ADDRESS, PHONE: Alan C. Hinsey, Director, Bureau of Labor Standards, 45 State House Station, Augusta, ME 04333-0045. (207) 624-6400

CHAPTER NUMBER (IF KNOWN): Chapter 1
TITLE: Procedures and Standards for Testing Stuffing Materials in Stuffed Toys.
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 123
PURPOSE OF THE RULE: Establish testing procedures and standards.
SCHEDULE FOR ADOPTION OF THE RULE: By June, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Manufacturers and consumers of stuffed toys.

CHAPTER NUMBER (IF KNOWN): Chapter 2
TITLE: Rules Governing the Chemical Substance Identification Law.
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 1709
PURPOSE OF THE RULE: Provides for procedures for the identification and registration of hazardous chemicals.
SCHEDULE FOR ADOPTION OF THE RULE: By October, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Employers and employees who use listed chemicals.

CHAPTER NUMBER (IF KNOWN): Chapter 3
TITLE: Rules Governing the Administration of the Wage Assurance Fund.
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 632
PURPOSE OF THE RULE: Establishes procedures to process worker claims under the Fund.
SCHEDULE FOR ADOPTION OF THE RULE: By June, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Covered unpaid employees.

CHAPTER NUMBER (IF KNOWN): Chapter 4
TITLE: Rules Governing Occupational Safety and Health Grants and Loans.
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 42-A, 61 and 63
PURPOSE OF THE RULE: Establishes procedures for grants and loans for occupational safety and health purposes.
SCHEDULE FOR ADOPTION OF THE RULE: By October, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Employers eligible for loans and training agencies eligible for grants.

CHAPTER NUMBER (IF KNOWN): Chapter 7
TITLE: Rules Relating to Substance Abuse Testing.
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 687
PURPOSE OF THE RULE: The rules outline certain responsibilities for employers who choose to implement a workplace substance abuse testing program.
SCHEDULE FOR ADOPTION OF THE RULE: By June, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Employers with testing programs, or who have an interest in implementing one, and their employees.

CHAPTER NUMBER (IF KNOWN): Chapter 8
TITLE: Rules Regarding Workplace Health and Safety Programs for Employers with Workers' Compensation Modification Rates of Two or More.
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 39-A M.R.S.A. 401
PURPOSE OF THE RULE: Establishes procedures and standards for occupational safety and health plans of certain Maine employers.
SCHEDULE FOR ADOPTION OF THE RULE: By October, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Employers with a workers' compensation modification rate greater than 2.0 and their employees.

CHAPTER NUMBER (IF KNOWN): (New)
TITLE: Rules Relating to Assessment of Interest and Penalties for Non-payment under the Safety Education and Training Fund (SETF). (Proposed)
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 61
PURPOSE OF THE RULE: To establish procedures to determine when, how and against whom penalties and interest will be assessed for non-payment of bills under the SETF.
SCHEDULE FOR ADOPTION OF THE RULE: By October, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: The Workers' Compensation insurance carriers and self-insureds and any employer who receives services from the SETF.

CHAPTER NUMBER (IF KNOWN): (New)
TITLE: Rules Relating to Severance Pay (26 M.R.S.A. 625-B) (Proposed).
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 42
PURPOSE OF THE RULE: Establishes procedures and standards for the application of the severance pay statute.
SCHEDULE FOR ADOPTION OF THE RULE: By June, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Employers and employees affected by the severance law.

CHAPTER NUMBER (IF KNOWN): (New)
TITLE: Rules Relating to Equal Pay (26 M.R.S.A. 628) (Proposed).
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 42
PURPOSE OF THE RULE: Establishes procedures and standards for the application of the equal pay law.
SCHEDULE FOR ADOPTION OF THE RULE: By November 1, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Employers and employees.

CHAPTER NUMBER (IF KNOWN): (New)
TITLE: Rules Relating to the Minimum Wage (Proposed).
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 665
PURPOSE OF THE RULE: Establishes procedures and standards for the application of the minimum wage.
SCHEDULE FOR ADOPTION OF THE RULE: By June, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Employers and employees.

CHAPTER NUMBER (IF KNOWN): (New)
TITLE: Rules Relating to the Employment of Minors. (Proposed)
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 785
PURPOSE OF THE RULE: Establishes procedures and standards for application of the child labor laws.
SCHEDULE FOR ADOPTION OF THE RULE: By June, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Working minors and their employers.

CHAPTER NUMBER (IF KNOWN): (New)
TITLE: Rules Regarding Employment of Minors in Hazardous Occupations. (Proposed)
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 772
PURPOSE OF THE RULE: To establish a comprehensive list of occupations found to be hazardous and, therefore, unsuitable for the employment of minors.
SCHEDULE FOR ADOPTION OF THE RULE: By December, 1998
POTENTIALLY BENEFITED AND REGULATED PARTIES: Working minors and their potential employers.

CHAPTER NUMBER (IF KNOWN): (New)
TITLE: Rules Relating to Agricultural Labor Housing Standards. (Proposed)
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 586
PURPOSE OF THE RULE: To establish housing standards for agricultural laborers.
SCHEDULE FOR ADOPTION OF THE RULE: By October, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Agricultural workers not covered by Federal regulations and their employers.


12-179 - Board Of Occupational Safety and Health

CONTACT PERSON, ADDRESS, PHONE: Alan C. Hinsey, Director, Bureau of Labor Standards, 45 State House Station, Augusta, ME 04333-0045. (207) 624-6400

CHAPTER NUMBER (IF KNOWN): Chapter 1
TITLE: Procedural Rules Governing the Board of Occupational Safety and Health.
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 565
PURPOSE OF THE RULE: Establishes procedures to guide the Board and affected parties through meetings and hearings.
SCHEDULE FOR ADOPTION OF THE RULE: By October, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Board members and parties with business before the Board.

CHAPTER NUMBER (IF KNOWN): Chapter 2
TITLE: Occupational Safety and Health Standards for General Employment in the Public Sector
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 565
PURPOSE OF THE RULE: Establishes procedures and standards to ensure safe and healthful working conditions for public employees.
SCHEDULE FOR ADOPTION OF THE RULE: By October, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Non-federal public employers and their employees.

CHAPTER NUMBER (IF KNOWN): Chapter 3
TITLE: Occupational Safety and Health Standards for Construction Employment in the Public Sector.
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 565
PURPOSE OF THE RULE: Establishes procedures and standards to ensure safe and healthful working conditions for public employees.
SCHEDULE FOR ADOPTION OF THE RULE: By October, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Non-federal public employers and their employees.

CHAPTER NUMBER (IF KNOWN): Chapter 4
TITLE: Minimum Standard for Firefighters.
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 2107
PURPOSE OF THE RULE: Establishes minimum occupational safety and health standards for firefighters.
SCHEDULE FOR ADOPTION OF THE RULE: By October, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Firefighting community.

CHAPTER NUMBER (IF KNOWN): Chapter 6
TITLE: Recording Occupational Injuries and Illnesses in the Public Sector.
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 565
PURPOSE OF THE RULE: Establishes standards for the recording of occupational injuries and illnesses in the non-federal public sector.
SCHEDULE FOR ADOPTION OF THE RULE: By October, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Public sector employers covered by the state Occupational Safety and Health Act.


12-152 - Bureau of Rehabilitation Services, Division of Vocational Rehabilitation

CONTACT PERSON, ADDRESS, PHONE: John Shattuck, Bureau of Rehabilitation Services, Division of Vocational Rehabilitation, 150 State House Station, Augusta, ME 04333-0150. (207) 624-5300

CHAPTER NUMBER (IF KNOWN): Chapter 1
TITLE: Vocational Rehabilitation Services Policy Manual
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Chapter 560, P.L. 1996, Title 26 M.R.S.A. 1417
PURPOSE OF THE RULE: The rules govern the delivery of vocational rehabilitation services for persons with disabilities to assist them in achieving an employment outcome. Modifications would reflect recently enacted federal legislation and regulations.
SCHEDULE FOR ADOPTION OF THE RULE: By December 31, 1998
POTENTIALLY BENEFITED AND REGULATED PARTIES: Persons with disabilities eligible for Vocational Rehabilitation services.

CHAPTER NUMBER (IF KNOWN): Chapter 7
TITLE: Independent Living Services Policy Manual
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Chapter 560, P.L. 1996, Title 26 M.R.S.A. 1417
PURPOSE OF THE RULE: The rules govern the delivery of independent living services to persons with disabilities. Modifications would reflect recently enacted federal legislation and regulations.
SCHEDULE FOR ADOPTION OF THE RULE: By January 1, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Persons with disabilities eligible for Independent Living services.

CHAPTER NUMBER (IF KNOWN): Chapter 10
TITLE: Hearing Impaired Children's Program
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: P.L. 501-1985
PURPOSE OF THE RULE: The Hearing Impaired Children's Program will serve children age 0 20 years with a diagnosis of sensorineural hearing impairment and other non-correctable, permanent hearing loss. The intent of the Program is to ensure that no hearing-impaired child be denied access to services or equipment needed to eliminate or reduce, to the extent possible, the impairment to their development of speech and language competencies caused by a hearing loss when their family lacks adequate financial resources with which to purchase needed services or equipment.
SCHEDULE FOR ADOPTION OF THE RULE: To Be Repealed November 30, 1998
POTENTIALLY BENEFITED AND REGULATED PARTIES: These children now receive the same services under the Department of Education.

CHAPTER NUMBER (IF KNOWN): Chapter 11
TITLE: Hearing Aid Lender Program for the Elderly
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: None
PURPOSE OF THE RULE: The Hearing Aid Lender Program for the Elderly, hereinafter referred to as the Program, will serve adults who are over 65 years old with a bilateral hearing loss of at least 55 decibels (dB) in the better ear. The Program is considered a pilot program with limited funding to serve the elderly hearing impaired individual in purchasing hearing amplification on a loaner basis. There are a limited number of hearing aids available for the Program. The hearing aids will be dispensed on a first come, first served basis for eligible applicants.
SCHEDULE FOR ADOPTION OF THE RULE: To Be Repealed November 30, 1998
POTENTIALLY BENEFITED AND REGULATED PARTIES: None.

CHAPTER NUMBER (IF KNOWN): Chapter 12
TITLE: Telecommunication Devices for the Deaf (TDD) Program Rules
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 35, M.R.S.A. 2361
PURPOSE OF THE RULE: The Division of Deafness, under the Bureau of Rehabilitation Services, Department of Labor, through the Telecommunication Devices for the Deaf Program (hereinafter called "The Program"), will provide funds for purchase, lease, upgrading, installation, maintenance and repair of special telecommunication equipment for persons who are deaf, hearing impaired, or speech impaired.
SCHEDULE FOR ADOPTION OF THE RULE: By November 30, 1998
POTENTIALLY BENEFITED AND REGULATED PARTIES: New rules will provide specialized customer telecommunication equipment for persons with disabilities.


12-150 - Bureau of Rehabilitation Services, Division for the Blind And Visually Impaired

CONTACT PERSON, ADDRESS, PHONE: John Shattuck, Bureau of Rehabilitation Services, Division for the Blind & Visually Impaired, 150 State House Station, Augusta, ME 04333-0150, (207) 624-5300

CHAPTER NUMBER (IF KNOWN):
TITLE: Vocational Rehabilitation Services for Individuals who are Blind
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 1418
PURPOSE OF THE RULE: The rules govern the delivery of vocational rehabilitation services for persons who are blind and visually impaired in achieving an employment outcome. Modifications would reflect recently enacted federal legislation and regulations.
SCHEDULE FOR ADOPTION OF THE RULE: By June 30, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Blind and visually impaired persons eligible for Vocational Rehabilitation services.

CHAPTER NUMBER (IF KNOWN):
TITLE: Independent Living Services for Individuals who are Blind
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 1418
PURPOSE OF THE RULE: The rules govern the delivery of vocational rehabilitation services for persons who are blind and visually impaired in preserving and enhancing independent living. Modifications would reflect recently enacted federal legislation and regulations.
SCHEDULE FOR ADOPTION OF THE RULE: By June 30, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Blind and visually impaired persons eligible for Independent Living services.

CHAPTER NUMBER (IF KNOWN):
TITLE: Business Enterprise Program Policy Manual
STATUTORY OR OTHER BASIS FOR ADOPTION OF THE RULE: Title 26 M.R.S.A. 1418
PURPOSE OF THE RULE: The rules govern the delivery of vocational rehabilitation services for persons who are blind and visually impaired as managers of Business Enterprise Food Service locations. Modifications would reflect recently enacted federal legislation and regulations.
SCHEDULE FOR ADOPTION OF THE RULE: By June 30, 1999
POTENTIALLY BENEFITED AND REGULATED PARTIES: Blind and visually impaired persons eligible for Business Enterprise Program.


12-180 - Maine Labor Relations Board

CONTACT PERSON: Joyce A. Oreskovich, Counsel, 90 State House Station, Augusta, ME 04333-0090. Tel: (207) 287-2015

CHAPTER 1: Unit Determination Rules
STATUTORY AUTHORITY: 26 M.R.S.A. 968 (3)
PURPOSE: Amending Rule 1.08 (A) to provide that, in situations where the executive director issues a notice of insufficiency and provides an opportunity to cure through an amended petition, the respondent need only respond to the amended petition. This would substantially reduce the amount of paperwork required from parties doing business with the Board as well as reduce the amount of waste paper from the Board into the State's waste stream.
ANTICIPATED SCHEDULE: Prior to October, 1999, subject to availability of fiscal resources to fund board members' per diems and necessary expenses incurred in the rule-making process and related publication expenses.
AFFECTED PARTIES: The potentially benefited or regulated parties are public sector and large industrial agricultural employers and employees within the Board's jurisdiction.

CHAPTER 1: Unit Determination Rules
STATUTORY AUTHORITY: 26 M.R.S.A. 968 (3)
PURPOSE: Amending Rule 1.08 (A) to require "prompt" filing of proofs of service with the agency for answers to petitions. In light of the 10 working day period in which to file a timely response, it is impractical to require that proof of service of the response upon the petitioner be filed together with the response. In the alternative, consider allowing use of certificates of service for responsive pleadings.
ANTICIPATED SCHEDULE: Prior to October, 1999, subject to availability of fiscal resources to fund board members' per diems and necessary expenses incurred in the rule-making process and related publication expenses.
AFFECTED PARTIES: The potentially benefited or regulated parties are public sector and large industrial agricultural employers and employees within the Board's jurisdiction.

CHAPTER 1: Unit Determination Rules
STATUTORY AUTHORITY: 26 M.R.S.A. 968 (3)
PURPOSE: Amending Rule 1.17 to reflect the 1994 statutory change in the unit merger procedure eliminating the necessity of conducting hearings on unit appropriateness as prerequisites to unit mergers. The merger rule has to be substantially redrafted to reflect the statutory change.
ANTICIPATED SCHEDULE: Prior to October, 1999, subject to availability of fiscal resources to fund board members' per diems and necessary expenses incurred in the rule-making process and related publication expenses.
AFFECTED PARTIES: The potentially benefited or regulated parties are public sector and large industrial agricultural employers and employees within the Board's jurisdiction.

CHAPTER 1: Unit Determination Rules
STATUTORY AUTHORITY: 26 M.R.S.A. 968 (3)
PURPOSE: Creating a new rule and renumbering existing rules as necessary to provide a procedure to facilitate determinations of Board jurisdiction pursuant to an amendment in 26 MRSA 962 (7) (B), enacted in 1991, that extends the definition of covered public employees to specified employees not presently covered by any other federal or state collective bargaining law. A rule should be considered requiring entities who petition pursuant to the 1991 amendment to seek a determination of "no jurisdiction" from the National Labor Relations Board as a prerequisite to accessing Board procedures. This change would expedite litigation before the MLRB by resolving that the employees in question are not within the jurisdiction of the NLRB.
ANTICIPATED SCHEDULE: Prior to October, 1999, subject to availability of fiscal resources to fund board members' per diems and necessary expenses incurred in the rule-making process and related publication expenses.
AFFECTED PARTIES: The potentially benefited or regulated parties are public sector and large industrial agricultural employers and employees within the Board's jurisdiction.

CHAPTER 2: Decertification Petition Rules
STATUTORY AUTHORITY: 26 M.R.S.A. 968 (3)
PURPOSE: Renumbering Rule 2.03 (C) to 2.04, captioning it "Notice of Election" and, at end of first sentence, adding the words "consistent with Rule 3.05." The balance of current Rule 2.03 (C) would be deleted. This change eliminates a redundancy and shortens the rule.
ANTICIPATED SCHEDULE: Prior to October, 1999, subject to availability of fiscal resources to fund board members' per diems and necessary expenses incurred in the rule-making process and related publication expenses.
AFFECTED PARTIES: The potentially benefited or regulated parties are public sector and large industrial agricultural employers and employees within the Board's jurisdiction.

CHAPTER 2: Decertification Petition Rules
STATUTORY AUTHORITY: 26 M.R.S.A. 968 (3)
PURPOSE: Renumbering Rule 2.03 (D) to 2.05 and captioning it "Petitions to Intervene." Renumbering Rule 2.05 to 2.07 and renumbering all ensuing sections of Chapter 2 accordingly, so that the sections will be sequentially numbered and will be more easily located. This change helps potential intervenors to find the rule permitting and describing intervention in a pending matter. Currently the intervention rule is buried in another rule and may be difficult to locate.
ANTICIPATED SCHEDULE: Prior to October, 1999, subject to availability of fiscal resources to fund board members' per diems and necessary expenses incurred in the rule-making process and related publication expenses.
AFFECTED PARTIES: The potentially benefited or regulated parties are public sector and large industrial agricultural employers and employees within the Board's jurisdiction.

CHAPTER 3: Election Rules
STATUTORY AUTHORITY: 26 M.R.S.A. 968 (3)
PURPOSE: Amending Rule 3.02 (B) by eliminating the last paragraph and referring the reader to Rule 3.05, which already contains all the relevant information. This change eliminates a redundancy and shortens the rule.
ANTICIPATED SCHEDULE: Prior to October, 1999, subject to availability of fiscal resources to fund board members' per diems and necessary expenses incurred in the rule-making process and related publication expenses.
AFFECTED PARTIES: The potentially benefited or regulated parties are public sector and large industrial agricultural employers and employees within the Board's jurisdiction.

CHAPTER 3: Election Rules
STATUTORY AUTHORITY: 26 M.R.S.A. 968 (3)
PURPOSE: Renumbering Rule 3.02 (C) to 3.03 and captioning it "Petitions to Intervene." This change helps potential intervenors to find the rule permitting and describing intervention in a pending matter. Currently the intervention rule is buried in another rule and may be difficult to locate.
ANTICIPATED SCHEDULE: Prior to October, 1999, subject to availability of fiscal resources to fund board members' per diems and necessary expenses incurred in the rule-making process and related publication expenses.
AFFECTED PARTIES: The potentially benefited or regulated parties are public sector and large industrial agricultural employers and employees within the Board's jurisdiction.

CHAPTER 3: Election Rules
STATUTORY AUTHORITY: 26 M.R.S.A. 968 (3)
PURPOSE: Renumbering Rule 3.02 (D) to 3.04 and captioning it "Petitions for Election." This change helps petitioners for election to more readily find the rule that describes how to petition the Board. Currently the election petition rule is buried in another rule and may be difficult to locate.
ANTICIPATED SCHEDULE: Prior to October, 1999, subject to availability of fiscal resources to fund board members' per diems and necessary expenses incurred in the rule-making process and related publication expenses.
AFFECTED PARTIES: The potentially benefited or regulated parties are public sector and large industrial agricultural employers and employees within the Board's jurisdiction.

CHAPTER 3: Election Rules
STATUTORY AUTHORITY: 26 M.R.S.A. 968 (3)
PURPOSE: Renumbering Rules 3.03 and 3.04 to 3.05 and 3.06, respectively. These changes merely continue the sequential numbering of rules in the chapter, if the foregoing changes are adopted.
ANTICIPATED SCHEDULE: Prior to October, 1999, subject to availability of fiscal resources to fund board members' per diems and necessary expenses incurred in the rule-making process and related publication expenses.
AFFECTED PARTIES: The potentially benefited or regulated parties are public sector and large industrial agricultural employers and employees within the Board's jurisdiction.

CHAPTER 3: Election Rules
STATUTORY AUTHORITY: 26 M.R.S.A. 968 (3)
PURPOSE: Amending Rule 3.04 (B) by adding "or individual petitioner" after "labor organization" in the second line. This change codifies current Board practice of requesting that the employer provide the list of eligible voters to a petitioning individual, in addition to providing such list to all labor organizations involved in an election. Such list is useful in distributing preelection information in an attempt to persuade the voters to select a particular option in the election. Under the current rule, employee organizations and the employer have such list available for electioneering purposes.
ANTICIPATED SCHEDULE: Prior to October, 1999, subject to availability of fiscal resources to fund board members' per diems and necessary expenses incurred in the rule-making process and related publication expenses.
AFFECTED PARTIES: The potentially benefited or regulated parties are public sector and large industrial agricultural employers and employees within the Board's jurisdiction.

CHAPTER 3: Election Rules
STATUTORY AUTHORITY: 26 M.R.S.A. 968 (3)
PURPOSE: Renumber Rule 3.05 to 3.07 and renumber all ensuing sections of Chapter 3 accordingly. These changes merely continue the sequential numbering of rules in the chapter, if the foregoing changes are adopted.
ANTICIPATED SCHEDULE: Prior to October, 1999, subject to availability of fiscal resources to fund board members' per diems and necessary expenses incurred in the rule-making process and related publication expenses.
AFFECTED PARTIES: The potentially benefited or regulated parties are public sector and large industrial agricultural employers and employees within the Board's jurisdiction.

CHAPTER 4: Prohibited Practice Complaint Rules
STATUTORY AUTHORITY: 26 M.R.S.A. 968 (3)
PURPOSE: Amending Rules 4.02 and 4.03(3) to initially require submission of only the original and 2 copies of prohibited practices complaints and one copy of the collective bargaining agreement relating to the bargaining unit involved in the complaint, with the balance of the copies being due only after the prehearing conference. This would substantially reduce the amount of paperwork required from parties doing business with the Board as well as reduce the amount of waste paper from the Board into the State's waste stream.
ANTICIPATED SCHEDULE: Prior to October, 1999, subject to availability of fiscal resources to fund board members' per diems and necessary expenses incurred in the rule-making process and related publication expenses.
AFFECTED PARTIES: The potentially benefited or regulated parties are public sector and large industrial agricultural employers and employees within the Board's jurisdiction.

CHAPTER 4: Prohibited Practice Complaint Rules
STATUTORY AUTHORITY: 26 M.R.S.A. 968 (3)
PURPOSE: Amending Rule 4.03 (4) to require that "the clear and concise statement of the facts constituting the complaint . . ." be set forth in separate, numbered paragraphs. This would facilitate preparing responses to each factual allegation or legal conclusion, compared to answering narrative format complaints. Separate, numbered paragraphs might also make it easier for parties to identify which relevant facts are in dispute and those to which they might agree.
ANTICIPATED SCHEDULE: Prior to October, 1999, subject to availability of fiscal resources to fund board members' per diems and necessary expenses incurred in the rule-making process and related publication expenses.
AFFECTED PARTIES: The potentially benefited or regulated parties are public sector and large industrial agricultural employers and employees within the Board's jurisdiction.

CHAPTER 4: Prohibited Practice Complaint Rules
STATUTORY AUTHORITY: 26 M.R.S.A. 968 (3)
PURPOSE: Amending Rule 4.05 (A) to provide: (1) a requirement that responses to prohibited practices complaints be signed, perhaps under oath, (2) that, in situations where the executive director issues a notice of insufficiency and provides an opportunity to cure through an amended complaint, the respondent need only respond to the amended complaint, (3) a requirement that only the original and 2 copies of responses need be filed initially, with the balance of the copies being due only after the prehearing conference and (4) consider allowing use of certificates of service for all responsive pleadings. The first change highlights the significance of the response to the respondent. The second and third changes would substantially reduce the amount of paperwork required from parties doing business with the Board as well as reduce the amount of waste paper from the Board into the State's waste stream. The final change would more closely align practice before the board with that before the courts and reduce the cost to the parties.
ANTICIPATED SCHEDULE: Prior to October, 1999, subject to availability of fiscal resources to fund board members' per diems and necessary expenses incurred in the rule-making process and related publication expenses.
AFFECTED PARTIES: The potentially benefited or regulated parties are public sector and large industrial agricultural employers and employees within the Board's jurisdiction.

CHAPTER 4: Prohibited Practice Complaint Rules
STATUTORY AUTHORITY: 26 M.R.S.A. 968 (3)
PURPOSE: Amending Rule 4.06 (B) and (D) to provide that, in situations where the executive director issues a notice of insufficiency and provides an opportunity to cure through an amended complaint, the respondent need only respond to the amended complaint and such response would be due within 15 working days of the date of the filing of the amended complaint with the Board. These changes would substantially reduce the amount of paperwork required from parties doing business with the Board as well as reduce the amount of waste paper from the Board into the State's waste stream.
ANTICIPATED SCHEDULE: Prior to October, 1999, subject to availability of fiscal resources to fund board members' per diems and necessary expenses incurred in the rule-making process and related publication expenses.
AFFECTED PARTIES: The potentially benefited or regulated parties are public sector and large industrial agricultural employers and employees within the Board's jurisdiction.

CHAPTER 5: Mediation Rule
STATUTORY AUTHORITY: 26 M.R.S.A. 968 (3)
PURPOSE: Changing the title of the chapter to "Mediation Rules" and adding a new rule providing for the assignment of a different mediator, in the event that preventative mediation fails to result in a collective bargaining agreement.
ANTICIPATED SCHEDULE: Prior to October, 1999, subject to availability of fiscal resources to fund board members' per diems and necessary expenses incurred in the rule-making process and related publication expenses.
AFFECTED PARTIES: The potentially benefited or regulated parties are public sector and large industrial agricultural employers and employees within the Board's jurisdiction.

CHAPTER 6: Fact-Finding Rules
STATUTORY AUTHORITY: 26 M.R.S.A. 968 (3)
PURPOSE: Amending Rule 6.06 by recaptioning the rule "Qualification and Compensation of Fact Finders" and providing a procedure through which the Maine Labor Relations Board can establish and amend a fee schedule for the private fact finders. This would benefit the Board's client community by regulating the amounts which they can be charged for fact-finding services. Currently, the per diem fees charged by private fact finders are not regulated.
ANTICIPATED SCHEDULE: Prior to October, 1999, subject to availability of fiscal resources to fund board members' per diems and necessary expenses incurred in the rule-making process and related publication expenses.
AFFECTED PARTIES: The potentially benefited or regulated parties are public sector and large industrial agricultural employers and employees within the Board's jurisdiction and the private fact finders on the lists maintained by the Board.

CHAPTER 6: Fact-Finding Rules
STATUTORY AUTHORITY: 26 M.R.S.A. 968 (3)
PURPOSE: Amending Rule 6.08 (C) to require each party to assemble its documentary evidence into books of exhibits that would have a table of contents and sequentially numbered pages to assist the parties and the fact finders in locating exhibits being referred to in testimony and also to reduce the time spent distributing individual exhibits during fact-finding proceedings. This change could expedite fact-finding proceedings and could save money.
ANTICIPATED SCHEDULE: Prior to October, 1999, subject to availability of fiscal resources to fund board members' per diems and necessary expenses incurred in the rule-making process and related publication expenses.
AFFECTED PARTIES: The potentially benefited or regulated parties are public sector and large industrial agricultural employers and employees within the Board's jurisdiction.

CHAPTER 6: Fact-Finding Rules
STATUTORY AUTHORITY: 26 M.R.S.A. 968 (3)
PURPOSE: Amending Rule 6.09 (A) to reflect the current statutory requirement that parties using the services of the State Board of Arbitration and Conciliation share the cost of such services. The statute was amended subsequent to the adoption of the current rule, resulting in an inconsistency between the two.
ANTICIPATED SCHEDULE: Prior to October, 1999, subject to availability of fiscal resources to fund board members' per diems and necessary expenses incurred in the rule-making process and related publication expenses.
AFFECTED PARTIES: The potentially benefited or regulated parties are public sector and large industrial agricultural employers and employees within the Board's jurisdiction.

CHAPTER 7: General Provisions
STATUTORY AUTHORITY: 26 M.R.S.A. 968 (3)
PURPOSE: Amending Rule 7.03 to permit or prohibit filing by fax, e-mail, through the Board's web site or by other electronic means and, if permitted, establishing a time frame for providing "hard copies" of the submissions.
ANTICIPATED SCHEDULE: Prior to October, 1999, subject to availability of fiscal resources to fund board members' per diems and necessary expenses incurred in the rule-making process and related publication expenses.
AFFECTED PARTIES: The potentially benefited or regulated parties are public sector and large industrial agricultural employers and employees within the Board's jurisdiction.


CHAPTER 7: General Provisions
STATUTORY AUTHORITY: 26 M.R.S.A. 968 (3)
PURPOSE: Amending Rule 7.10 by deleting the rule and excluding the Board forms from the rules thereby allowing flexibility in changing the forms without requiring rule making. This could be particularly important should electronic filing be approved.
ANTICIPATED SCHEDULE: Prior to October, 1999, subject to availability of fiscal resources to fund board members' per diems and necessary expenses incurred in the rule-making process and related publication expenses.
AFFECTED PARTIES: The potentially benefited or regulated parties are public sector and large industrial agricultural employers and employees within the Board's jurisdiction.


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