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State of Maine

90, 94, 95, 99
Independent Agencies
1998-99 Regulatory Agenda


90-304: Maine Potato Quality Control Board (no agenda filed)
90-351: Workers Compensation Board
90-429: Water Treatment Plant Operators Board
90-564: Fund Insurance Review Board
90-590: Maine Health Data Organization
94-073: State Museum Board (no agenda filed)
94-088: Maine Arts Commission
94-089: Historic Preservation Commission (no rule-making planned)
94-178: Adaptive Equipment Loan Program
94-270: Commission on Governmental Ethics and Elections Practices
94-293: Baxter State Park Authority
94-335: Wells National Estuarine Research Reserve Management Authority (no agenda filed)
94-348: Maine Human Rights Commission
94-376: Maine Municipal Bond Bank (no rule-making planned)
94-391: State Board of Property Tax Review (no agenda filed)
94-409: Maine Indian Tribal State Commission (no rule-making planned)
94-411: Maine State Retirement System
94-434: Maine Educational Loan Authority
94-457: Finance Authority of Maine
94-591: Motor Carrier Review Board (filed with 29, Secretary of State)
95-584: Northern New England Passenger Rail Authority
99-346: Maine State Housing Authority
99-420: Maine Turnpike Authority


90-351
AGENCY NAME: Workers' Compensation Board

CONTACT PERSON: Julia Finn, General Counsel, 27 State House Station, Augusta, Maine 04333-0027. Tel.: (207)287-7094

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1998-99 RULE-MAKING ACTIVITY:

CHAPTER 2: Section 213 Compensation for Partial Incapacity
STATUTORY AUTHORITY: 39-A M.R.S.A. 152(2), 213(1)
PURPOSE: To establish a procedure for injured workers to apply for extended benefits in cases of extreme financial hardship.
ANTICIPATED SCHEDULE: Summer/Fall, 1998

CHAPTER 2: Section 213 Compensation for Partial Incapacity
STATUTORY AUTHORITY: 39-A M.R.S.A. 152(2), 213
PURPOSE: Establish procedure for reimbursement from Employment Rehabilitation Fund when benefits are paid pursuant to 213(3).
ANTICIPATED SCHEDULE: Summer/Fall, 1998

CHAPTER 5: Medical Fees; Reimbursement Levels
STATUTORY AUTHORITY: 39-A M.R.S.A. 152(2), 208, 209
PURPOSE: Update Medical Fee Schedule
ANTICIPATED SCHEDULE: Late 1998/Early 1999

CHAPTER 7: Utilization Review, Treatment Protocols, Permanent Impairment
STATUTORY AUTHORITY: 39-A M.R.S.A. 152(2), 210(1)
PURPOSE: Establish procedures for the conduct of Utilization Review.
ANTICIPATED SCHEDULE: Summer/Fall, 1998

CHAPTER 8: Procedures for Payment
STATUTORY AUTHORITY: 39-A M.R.S.A. 152(2)
PURPOSE: Require a Notice of Controversy to be filed when medical bills are controverted.
ANTICIPATED SCHEDULE: Late 1998, early 1999

CHAPTER 12: Formal Hearings
STATUTORY AUTHORITY: 39-A M.R.S.A. 152(2)
PURPOSE: Amend exchange of information process so that it occurs earlier in the dispute resolution process.
ANTICIPATED SCHEDULE: Late 1998, early 1999

CHAPTER 12: Formal Hearings
STATUTORY AUTHORITY: 39-A M.R.S.A. 152(2)
PURPOSE: Change the Pre-hearing memo to simplify the information that is requested.
ANTICIPATED SCHEDULE: Late 1998, early 1999

CHAPTER 12: Formal Hearings
STATUTORY AUTHORITY: 39-A M.R.S.A. 152(2)
PURPOSE: Amend the rule to change the time frame within which depositions must be done.
ANTICIPATED SCHEDULE: Late 1998, early 1999

CHAPTER 15: Penalties
STATUTORY AUTHORITY: 39-A M.R.S.A. 152(2), 206(9)
PURPOSE: Provide authority for the Abuse Investigation Unit to impose sanctions pursuant to 206(9).
ANTICIPATED SCHEDULE: Late 1998, early 1999

CHAPTER 15: Penalties
STATUTORY AUTHORITY: 39-A M.R.S.A. 152(2), 208
PURPOSE: Provide authority for the Abuse Investigation Unit to impose sanctions pursuant to 208.
ANTICIPATED SCHEDULE: Late 1998, early 1999

NEW RULE: Assessments
STATUTORY AUTHORITY: 39-A M.R.S.A. 152(2), 154
PURPOSE: Establish a procedure regarding the Board's assessment process.
ANTICIPATED SCHEDULE: Late 1998, early 1999

AFFECTED PARTIES:
Injured employees
Employers
Self-Insured Employers
Insurance companies
Adjustment companies


90-429
AGENCY NAME: Department of Human Services, Board of Licensure of Water Treatment Plant Operators

CONTACT PERSON: Gary L. Geraway, Secretary, 10 State House Station, Augusta, ME 04333-0010. Tel: (207) 287-5678.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1998-99 RULE MAKING ACTIVITY:

CHAPTER 1: Rules Relating to the Certification of Operators of Water Treatment Plants and Distribution Systems.
STATUTORY AUTHORITY: 22 M.R.S.A. 2628
PURPOSE: These rules are designed to regulate the certifying of operators of water treatment plants, water distribution systems, and water supply systems serving the public. They will be amended to reflect policy and Federal law changes.
ANTICIPATED SCHEDULE: Late fall 1998.
AFFECTED PARTIES: Community and Non-Transient Non-Community Public Water Systems and present and future licensed operators.


90-564
AGENCY NAME: Fund Insurance Review Board

CONTACT PERSON: Vickie L. Frost Reynolds, Finance Authority of Maine, 83 Western Avenue, P.O. Box 94, Augusta, Maine 04332. Tel: (207) 623-3263.

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 1998-99 RULE-MAKING ACTIVITY:

CHAPTER 3: Appeals Procedures
STATUTORY AUTHORITY: 38 M.R.S.A. 568-A(3-A)
PURPOSE: The Board may make amendments to simplify its procedural rules.
ANTICIPATED SCHEDULE: The Board routinely reviews its appeals procedures and at this time has no reason to think that amendments to the rule will be necessary, but the Board wishes to put the Joint Standing Committee on notice that it may wish to amend the rule prior to July, 1999.
AFFECTED PARTIES: Applicants aggrieved by a decision of the Commissioner of the Department of Environmental Protection or the State Fire Marshal who appeal their decisions to the Fund Insurance Review Board.


90-590
AGENCY NAME: Maine Health Data Organization

CONTACT PERSON: Alan M. Prysunka, Executive Director
Gardiner Annex Northern Avenue
35 State House Station, Augusta, ME 04333-0035
Tel: (207) 624-8655

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1998-99 RULE-MAKING ACTIVITY:

CHAPTER 100: Enforcement and Forfeiture Schedule
STATUTORY AUTHORITY: 22 MRSA, 8704, sub-4 and 8705, sub-1.
PURPOSE: The rules will establish a schedule of forfeitures for willful failure to file data as required and willful failure to protect the disclosure of confidential or privileged data.
ANTICIPATED SCHEDULE: October, 1998 - December, 1998
AFFECTED PARTIES: Providers of health related data and all parties who access and utilize confidential or privileged data from the MHDO.

CHAPTER 120: Release of Information to the Public
STATUTORY AUTHORITY: 22 MRSA 8704 sub-4 and 8707
PURPOSE: The rules define privileged medical information and confidential commercial information and establish the conditions for release, publication and use of the health data (including derived analyses, reports or compilations) made available by the MHDO. The rules will be modified to reflect the changes made to the Maine Health Data organization's data submittal rules (Chapters 241, 245, 250, 300, and 630).
ANTICIPATED SCHEDULE: May, 1999 - August, 1999
AFFECTED PARTIES: All parties who request, access, and utilize data from the MHDO.

CHAPTER 125: Health Care Information that Directly Identifies an Individual
STATUTORY AUTHORITY: 22 MRSA, 1711-C, sub-1(E).
PURPOSE: The rules will define health care information that may directly identify individuals. The definitions will be utilized in the implement of certain aspects of PL 1997, Ch. 793 - An Act to Provide for Confidentiality of Health Care Information.
ANTICIPATED SCHEDULE: October, 1998 - December, 1998
AFFECTED PARTIES: Health care providers, payers, and recipients, and all parties who access and utilize confidential health related data.

CHAPTER 241: Uniform Reporting System - Hospital Discharge and Hospital Ambulatory
Service Data Sets
STATUTORY AUTHORITY: 22 MRSA, 8704, sub-4 and 8708, sub- 1 and 2.
PURPOSE: The rules must be amended to reflect the changes resulting from the enactment of 22 MRSA, Chapter 1683 and the repeal of 22 MRSA, Chapter 107. The required data sets, record formats, and submittal requirements will be modified.
ANTICIPATED SCHEDULE: July, 1998 - December, 1998
AFFECTED PARTIES: All Maine hospitals that submit health-related data to the MHDO.

CHAPTER 245: Uniform Reporting System for Non-Hospital Ambulatory Service Data Sets
STATUTORY AUTHORITY: 22 MRSA, 8704, sub-4 and 8708, sub-1 and 2.
PURPOSE: The rules must be amended to reflect the changes resulting from the enactment of 22 MRSA, Chapter 1683 and the repeal of 22 MRSA, Chapter 107. The required data sets, record formats, and submittal requirements will be modified.
ANTICIPATED SCHEDULE: July, 1998 - December, 1998
AFFECTED PARTIES: All Maine non-hospital health care providers that provide those ambulatory services listed in 90-590 CMR 250 - List of Ambulatory Services for Which Data Set Reporting is Required.

CHAPTER 250: List of Ambulatory Services for Which Data Set Reporting is Required
STATUTORY AUTHORITY: 22 MRSA, 8704, sub-4 and 8708, sub-4-A.
PURPOSE: The MHDO is required to adopt rules establishing a list of major ambulatory services and surgeries for which data is to be collected on an annual basis. The proposed rule will be an update of the current list and will both add and delete particular ambulatory services and procedures.
ANTICIPATED SCHEDULE: July, 1998 - December, 1998
AFFECTED PARTIES: All Maine health care providers that deliver those services in an ambulatory setting.

CHAPTER 300: Financial Data Reporting Requirements
STATUTORY AUTHORITY: 22 MRSA, 8704, sub-4 and 8709, sub-1.
PURPOSE: The rules will specify the financial data elements that each health care facility shall file with the MHDO. The financial data are to generally include: costs of operation, revenues, assets, liabilities, fund balances, other income, rates, charges, and units of services.
ANTICIPATED SCHEDULE: January, 1999 - April, 1999
AFFECTED PARTIES: All health care facilities located in Maine.

CHAPTER 630: Review and Approval of Hospital Restructuring
STATUTORY AUTHORITY: 22 MRSA, 8704, sub-4 and 8710, sub-2.
PURPOSE: The proposed amended rules will require providers and payers to report the occurrence of major structural changes relevant to the restructuring of the delivery and financing of health care in Maine and to the potential effects of that restructuring upon consumers. The rules will also eliminate all approval provisions as a result of statutory modifications.
ANTICIPATED SCHEDULE: January, 1999 - April, 1999
AFFECTED PARTIES: Maine health care providers and payers of a yet to be determined size.
Maine Administrative Procedure Act
1998 Regulatory Agenda
June 17, 1998


94-088
AGENCY NAME: Maine Arts Commission

CONTACT PERSON: Kathy Ann Jones, Associate for Contemporary Arts, State House Station 25, Augusta ME 04333. Tel: 207/287-2750. E-mail: kathy.jones@state.me.us

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

CHAPTER 1: Eligibility and Criteria for Awarding Grant Funds to Organizations
STATUTORY AUTHORITY: Title 27 MRSA Chapter 15 401 - 407
PURPOSE: Chapter 1 will be abolished because procedures for offering grant funds is more fully explained by Chapter 2.
ANTICIPATED SCHEDULE: Prior to July, 1999. Rule was to be amended by July 1, 1998, but we have chosen to wait until the revise Administrative Procedure Act Rule Making Guidelines were completely revised, per advice from Lucille Weeks, Rules Officer, APA Office.
AFFECTED PARTIES: Any individual or organization applying for grant funds or technical service from the Maine Arts Commission.

CHAPTER 2: Awarding Grants And Providing Services
STATUTORY AUTHORITY: Title 27 MRSA 409
PURPOSE: Chapter 2 will be amended to address minor changes made under the Maine Arts Commission current long-range plan.
ANTICIPATED SCHEDULE: Prior to July, 1999. Rule was to be amended by July 1, 1998, but we have chosen to wait until the revise Administrative Procedure Act Rule Making Guidelines were completely revised, per advice from Lucille Weeks, Rules Officer, APA Office.
AFFECTED PARTIES: Any individual or organization applying for grant funds or technical service from the Maine Arts Commission.


94-178
AGENCY NAME: Adaptive Equipment Loan Fund Program Board

CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine, 83 Western Avenue, PO Box 949, Augusta, Maine 04332-0949. Tel: (207) 623-3263.

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 1998-99 RULE-MAKING ACTIVITY:

CHAPTER 501: Adaptive Equipment Loan Program Fund Board Rule.
STATUTORY AUTHORITY: 10 M.R.S.A. 374(4), et seq.; 5 M.R.S.A. 8051, 5 M.R.S.A. 9001.
PURPOSE: To make such changes as are necessary to provide loans to eligible borrowers in the most efficient manner.
ANTICIPATED SCHEDULE: Approval for Rulemaking: February, 1999; Public Hearing: March, 1999; Adoption Date: May, 1999.
AFFECTED PARTIES: Individuals enabled to lead more independent lives as a result of equipment purchased with loan proceeds; businesses able to comply with the Americans Disability Act and the Maine Human Rights Act as a result of use of loan process.

CHAPTER 502: Bylaws and Administration of the Adaptive Equipment Loan Program Fund Board.
STATUTORY AUTHORITY: 10 M.R.S.A. 374(4), et seq.; 5 M.R.S.A. 8051, 5 M.R.S.A. 9001.
PURPOSE: To amend bylaws; administrative procedures, and the appeals process as necessary for the efficient administration of the Board and the Program.
ANTICIPATED SCHEDULE: Approval for Rulemaking: February, 1999; Public Hearing: March, 1999; Adoption Date: April, 1999.
AFFECTED PARTIES: Any applicant seeking to appeal a decision of the Board. Board members who are provided guidance in the operation of the Board.


94-270
AGENCY NAME: Commission on Governmental Ethics and Election Practices

CONTACT PERSON: William C. Hain, III, Executive Director, 135 State House Station, Augusta, ME 04333-0135. Tel. (207) 287-6219.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1998-1999 RULE-MAKING ACTIVITY:

CHAPTER 1: Procedures
STATUTORY AUTHORITY: 1 M.R.S.A. 1002, as amended; 1 M.R.S.A. 1003; 21-A M.R.S.A.
1017(3-B); 21-A M.R.S.A. 1019, as amended
PURPOSE: These rules describe the nature and operation of the Commission and establish procedures by which its actions will be governed. They will be amended to include new provisions on accelerated reporting schedules and reports of independent expenditures mandated by the Maine Clean Election Act, and reformatted to comply with current State administrative requirements.
ANTICIPATED SCHEDULE: Late Fall 1998
AFFECTED PARTIES: The general public at large, including prospective candidates and parties interested in becoming candidates for statewide, state, and county office; candidates in municipalities with a population of 15,000 or more; lobbyists; political action committees; and members of the Legislature.

CHAPTER 2: Hearing Procedures
STATUTORY AUTHORITY: 1 M.R.S.A. 1003
PURPOSE: These rules establish the procedures applicable to hearings before the Maine Commission on Governmental Ethics and Election Practices that may be called to consider any matter within the Commission's statutory authority. They will be amended by reformatting to comply with current State administrative requirements. No substantive changes are contemplated.
ANTICIPATED SCHEDULE: Late Fall 1998
AFFECTED PARTIES: The general public at large, including prospective candidates and parties interested in becoming candidates for statewide, state, and county office; candidates in municipalities with a population of 15,000 or more; lobbyists; political action committees; and members of the Legislature.

NEW RULE: CHAPTER 3: Maine Clean Election Act and Related Provisions
STATUTORY AUTHORITY: 21-A M.R.S.A. chapter 14
PURPOSE: These rules will establish the implementing procedures for the Maine Clean Election Act and related provisions, including definitions; procedures for participation in the Act; certification of participating candidates; fund administration; distribution of funds to certified candidates; recordkeeping and reporting requirements; and procedures for recounts, vacancies, and special elections.
ANTICIPATED SCHEDULE: Late Fall 1998
AFFECTED PARTIES: The general public at large, including prospective candidates and parties interested in becoming candidates for the office of Governor, State Senator, or State Representative.


94-293
AGENCY: Baxter State Park

CONTACT PERSON: Roxanna McLean, 64 Balsam Drive, Millinocket, ME 04462. 723-9500

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

CHAPTER 1: Reservations
STATUTORY AUTHORITY: 5 M.R.S.A.( 8056
PURPOSE: The purpose of every rule and regulation we have or will ever propose is to uphold the wishes of Park donor and former Governor Percival P. Baxter by 1) protecting the natural resources and wilderness experiences in Baxter Park, 2) providing for human safety and 3) providing for responsible fiscal management of the funds upon which the Park is dependent.
ANTICIPATED SCHEDULE: When the need arises to alter this regulation, we will make very specific changes to protect the resource and uphold the best interest of the public's trust in the Park and ensure that decisions made today protect the Park for the enjoyment of generations of Mainers in the future.
AFFECTED PARTIES: Any person entering the Park for day use or camping purposes.

CHAPTER 1: Fees
STATUTORY AUTHORITY: 5 M.R.S.A. ( 8056
PURPOSE: The purpose of every rule and regulation we have or will ever propose is to uphold the wishes of Park donor and former Governor Percival P. Baxter by 1) protecting the natural resources and wilderness experiences in Baxter Park, 2) providing for human safety and 3) providing for responsible fiscal management of the funds upon which the Park is dependent.
ANTICIPATED SCHEDULE: When the need arises to alter this regulation, we will make very specific changes to protect the resource and uphold the best interest of the public's trust in the Park and ensure that decisions made today protect the park for the enjoyment of generations of Mainers in the future.
AFFECTED PARTIES: Any person entering the Park for day use or camping purposes.

CHAPTER 1: Vehicles
STATUTORY AUTHORITY: 5 M.R.S.A. ( 8056
PURPOSE: The purpose of every rule and regulation we have or will ever propose is to uphold the wishes of Park donor and former Governor Percival P. Baxter by 1) protecting the natural resources and wilderness experiences in Baxter Park, 2) providing for human safety and 3) providing for responsible fiscal management of the funds upon which the Park is dependent.
ANTICIPATED SCHEDULE: When the need arises to alter this regulation, we will make very specific changes to protect the resource and uphold the best interest of the public's trust in the Park and ensure that decisions made today protect the Park for the enjoyment of generations of Mainers in the future.
AFFECTED PARTIES: Any person entering the Park for day use or camping purposes.

CHAPTER 1: Pets or Releasing Animals
STATUTORY AUTHORITY: 5 M.R.S.A. ( 8056
PURPOSE: The purpose of every rule and regulation we have or will ever propose is to uphold the wishes of Park donor and former Governor Percival P. Baxter by 1) protecting the natural resources and wilderness experiences in Baxter Park, 2) providing for human safety and 3) providing for responsible fiscal management of the funds upon which the Park is dependent.
ANTICIPATED SCHEDULE: When the need arises to alter this regulation, we will make very specific changes to protect the resource and uphold the best interest of the public's trust in the Park and ensure that decisions made today protect the Park for the enjoyment of generations of Mainers in the future.
AFFECTED PARTIES: Any person entering the Park for day use or camping purposes.

CHAPTER 1: Registration
STATUTORY AUTHORITY: 5 M.R.S.A. ( 8056
PURPOSE: The purpose of every rule and regulation we have or will ever propose is to uphold the wishes of Park donor and former Governor Percival P. Baxter by 1) protecting the natural resources and wilderness experiences in Baxter Park, 2) providing for human safety and 3) providing for responsible fiscal management of the funds upon which the Park is dependent.
ANTICIPATED SCHEDULE: When the need arises to alter this regulation, we will make very specific changes to protect the resource and uphold the best interest of the public's trust in the Park and ensure that decisions made today protect the Park for the enjoyment of generations of Mainers in the future.
AFFECTED PARTIES: Any person entering the Park for day use or camping purposes.

CHAPTER 1: Entrance Permits.
STATUTORY AUTHORITY: 5 M.R.S.A. ( 8056
PURPOSE: The purpose of every rule and regulation we have or will ever propose is to uphold the wishes of Park donor and former Governor Percival P. Baxter by 1) protecting the natural resources and wilderness experiences in Baxter Park, 2) providing for human safety and 3) providing for responsible fiscal management of the funds upon which the Park is dependent.
ANTICIPATED SCHEDULE: When the need arises to alter this regulation, we will make very specific changes to protect the resource and uphold the best interest of the public's trust in the Park and ensure that decisions made today protect the Park for the enjoyment of generations of Mainers in the future.
AFFECTED PARTIES: Any person entering the Park for day use or camping purposes.

CHAPTER 1: Camping
STATUTORY AUTHORITY: 5 M.R.S.A. ( 8056
PURPOSE: The purpose of every rule and regulation we have or will ever propose is to uphold the wishes of Park donor and former Governor Percival P. Baxter by 1) protecting the natural resources and wilderness experiences in Baxter park, 2) providing for human safety and 3) providing for responsible fiscal management of the funds upon which the Park is dependent.
ANTICIPATED SCHEDULE: When the need arises to alter this regulation, we will make very specific changes to protect the resource and uphold the best interest of the public's trust in the Park and ensure that decisions made today protect the Park for the enjoyment of generations of Mainers in the future.
AFFECTED PARTIES: Any person entering the Park for day use or camping purposes.

CHAPTER 1: Parking
STATUTORY AUTHORITY: 5 M.R.S.A. ( 8056
PURPOSE: The purpose of every rule and regulation we have or will ever propose is to uphold the wishes of Park donor and former Governor Percival P. Baxter by 1) protecting the natural resources and wilderness experiences in Baxter park, 2) providing for human safety and 3) providing for responsible fiscal management of the funds upon which the Park is dependent.
ANTICIPATED SCHEDULE: When the need arises to alter this regulation, we will make very specific changes to protect the resource and uphold the best interest of the public's trust in the Park and ensure that decisions made today protect the Park for the enjoyment of generations of Mainers in the future.
AFFECTED PARTIES: Any person entering the Park for day use or camping purposes.

CHAPTER 1: Traffic
STATUTORY AUTHORITY: 5 M.R.S.A. ( 8056
PURPOSE: The purpose of every rule and regulation we have or will ever propose is to uphold the wishes of Park donor and former Governor Percival P. Baxter by 1) protecting the natural resources and wilderness experiences in Baxter Park, 2) providing for human safety and 3) providing for responsible fiscal management of the funds upon which the Park is dependent.
ANTICIPATED SCHEDULE: When the need arises to alter this regulation, we will make very specific changes to protect the resource and uphold the best interest of the public's trust in the Park and ensure that decisions made today protect the Park for the enjoyment of generations of Mainers in the future.
AFFECTED PARTIES: Any person entering the Park for day use or camping purposes.

CHAPTER 1: Groups.
STATUTORY AUTHORITY: 5 M.R.S.A. ( 8056
PURPOSE: The purpose of every rule and regulation we have or will ever propose is to uphold the wishes of Park donor and former Governor Percival P. Baxter by 1) protecting the natural resources and wilderness experiences in Baxter Park, 2) providing for human safety and 3) providing for responsible fiscal management of the funds upon which the Park is dependent.
ANTICIPATED SCHEDULE: When the need arises to alter this regulation, we will make very specific changes to protect the resource and uphold the best interest of the public's trust in the Park and ensure that decisions made today protect the Park for the enjoyment of generations of Mainers in the future.
AFFECTED PARTIES: Any person entering the Park for day use or camping purposes.

CHAPTER 1 : Minors.
STATUTORY AUTHORITY: 5 M.R.S.A. ( 8056
PURPOSE: The purpose of every rule and regulation we have or will ever propose is to uphold the wishes of Park donor and former Governor Percival P. Baxter by 1) protecting the natural resources and wilderness experiences in Baxter Park, 2) providing for human safety and 3) providing for human safety and 3) providing for responsible fiscal management of the funds upon which the Park is dependent.
ANTICIPATED SCHEDULE: When the need arises to alter this regulation, we will make very specific changes to protect the resource and uphold the best interest of the public's trust in the Park and ensure that decisions made today protect the Park for the enjoyment of generations of Mainers in the future.
AFFECTED PARTIES: Any person entering the Park for day use or camping purposes.

CHAPTER 1: Fires
STATUTORY AUTHORITY: 5 M.R.S.A. ( 8056
PURPOSE: The purpose of every rule and regulation we have or will ever propose is to uphold the wishes of Park donor and former Governor Percival P. Baxter by 1) protecting the natural resources and wilderness experiences in Baxter Park, 2) providing for human safety and 3) providing for responsible fiscal management of the funds upon which the Park is dependent.
ANTICIPATED SCHEDULE: When the need arises to alter this regulation, we will make very specific changes to protect the resource and uphold the best interest of the public's trust in the Park and ensure that decisions made today protect the Park for the enjoyment of generations of Mainers in the future.
AFFECTED PARTIES: Any person entering the Park for day use or camping purposes.

CHAPTER 1: Litter
STATUTORY AUTHORITY: 5 M.R.S.A. ( 8056
PURPOSE: The purpose of every rule and regulation we have or will ever propose is to uphold the wishes of Park donor and former Governor Percival P. Baxter by 1) protecting the natural resources and wilderness experiences in Baxter Park, 2) providing for human safety and 3) providing for responsible fiscal management of the funds upon which the Park is dependent.
ANTICIPATED SCHEDULE: When the need arises to alter this regulation, we will make very specific changes to protect the resource and uphold the best interest of the public's trust in the Park and ensure that decisions made today protect the Park for the enjoyment of generations of Mainers in the future.
AFFECTED PARTIES: Any person entering the Park for day use or camping purposes.

CHAPTER 1: Washing.
STATUTORY AUTHORITY: 5 M.R.S.A. ( 8056
PURPOSE: The purpose of every rule and regulation we have or will ever propose is to uphold the wishes of Park donor and former Governor Percival P. Baxter by 1) protecting the natural resources and wilderness experiences in Baxter Park, 2) providing for human safety and 3) providing for responsible fiscal management of the funds upon which the Park is dependent.
ANTICIPATED SCHEDULE: When the need arises to alter this regulation, we will make very specific changes to protect the resource and uphold the best interest of the public's trust in the Park and ensure that decisions made today protect the Park for the enjoyment of generations of Mainers in the future.
AFFECTED PARTIES: Any person entering the Park for day use or camping purposes.

CHAPTER 1: Feeding Animals.
PURPOSE: The purpose of every rule and regulation we have or will ever propose is to uphold the wishes of Park donor and former Governor Percival P. Baxter by 1) protecting the natural resources and wilderness experiences in Baxter Park, 2) providing for human safety and 3) providing for responsible fiscal management of the funds upon which the Park is dependent.
ANTICIPATED SCHEDULE: When the need arises to alter this regulation, we will make very specific changes to protect the resource and uphold the best interest of the public's trust in the Park and ensure that decisions made today protect the park for the enjoyment of generations of Mainers in the future.
AFFECTED PARTIES: Any person entering the Park for day use or camping purposes.

CHAPTER 1: Disturbances.
STATUTORY AUTHORITY: 5 M.R.S.A. A. ( 8056
PURPOSE: The purpose of every rule and regulation we have or will ever propose is to uphold the wishes of Park donor and former Governor Percival P. Baxter by 1) protecting the natural resources and wilderness experiences in Baxter Park, 2) providing for human safety and 3) providing for responsible fiscal management of the funds upon which the park is dependent.
ANTICIPATED SCHEDULE: When the need arises to alter this regulation, we will make very specific changes to protect the resource and uphold the best interest of the public's trust in the Park and ensure that decisions made today protect the Park for the enjoyment of generations of Mainers in the future.
AFFECTED PARTIES: Any person entering the Park for day use or camping purposes.

CHAPTER 1: Climbing or Mountain Hiking.
STATUTORY AUTHORITY: 5 M.R.S.A. ( 8056
PURPOSE: The purpose of every rule and regulation we have or will ever propose is to uphold the wishes of Park donor and former Governor Percival P. Baxter by 1) protecting the natural resources and wilderness experiences in Baxter Park, 2) providing for human safety and 3) providing for responsible fiscal management of the funds upon which the Park is dependent.
ANTICIPATED SCHEDULE: When the need arises to alter this regulation, we will make very specific changes to protect the resource and uphold the best interest of the public's trust in the Park and ensure that decisions made today protect the Park for the enjoyment of generations of Mainers in the future.
AFFECTED PARTIES: Any person entering the Park for day use or camping purposes.

CHAPTER 1: Aircraft.
STATUTORY AUTHORITY: 5 M.R.S.A. ( 8056
PURPOSE: The purpose of every rule and regulation we have or will ever propose is to uphold the wishes of Park donor and former Governor Percival p. Baxter by 1) protecting the natural resources and wilderness experiences in Baxter park, 2) providing for human safety and 3) providing for responsible fiscal management of the funds upon which the Park is dependent.
ANTICIPATED SCHEDULE: When the need arises to alter this regulation, we will make very specific changes to protect the resource and uphold the best interest of the public's trust in the Park and ensure that decisions made today protect the Park for the enjoyment of generations of Mainers in the future.
AFFECTED PARTIES: Any person entering the Park for day use or camping purposes.

CHAPTER 1: Boats.
STATUTORY AUTHORITY: 5 M.R.S.A. ( 8056
PURPOSE: The purpose of every rule and regulation we have or will ever propose is to uphold the wishes of Park donor and former governor Percival P. Baxter by 1) protecting the natural resources and wilderness experiences in Baxter Park, 2) providing for human safety and 3) providing for responsible fiscal management of the funds upon which the Park is dependent.
ANTICIPATED SCHEDULE: When the need arises to alter this regulation, we will make very specific changes to protect the resource and uphold the best interest of the public's trust in the Park and ensure that decisions made today protect the Park for the enjoyment of generations of Mainers in the future.
AFFECTED PARTIES: Any person entering the Park for day use or camping purposes.

CHAPTER 1: Motorcycles, ATV's, & Bicycles.
STATUTORY AUTHORITY: 5 M.R.S.A. ( 8056
PURPOSE: The purpose of every rule and regulation we have or will ever propose is to uphold the wishes of Park donor and former Governor Percival P. Baxter by 1) protecting the natural resources and wilderness experiences in Baxter Park, 2) providing for human safety and 3) providing for responsible fiscal management of the funds upon which the Park is dependent.
ANTICIPATED SCHEDULE: When the need arises to alter this regulation, we will make very specific changes to protect the resource and uphold the best interest of the public's trust in the Park and ensure that decisions made today protect the Park for the enjoyment of generations of Mainers in the future.
AFFECTED PARTIES: Any person entering the Park for day use or camping purposes.

CHAPTER 1: Snowmobiles.
STATUTORY AUTHORITY: 5 M.R.S.A. ( 8056
PURPOSE: The purpose of every rule and regulation we have or will ever propose is to uphold the wishes of Park donor and former Governor Percival P. Baxter by 1) protecting the natural resources and wilderness experiences in Baxter Park, 2) providing for human safety and 3) providing for responsible fiscal management of the funds upon which the Park is dependent.
ANTICIPATED SCHEDULE: When the need arises to alter this regulation, we will make very specific changes to protect the resource and uphold the best interest of the public's trust in the Park and ensure that decisions made today protect the Park for the enjoyment of generations of Mainers in the future.
AFFECTED PARTIES: Any person entering the Park for day use or camping purposes.

CHAPTER 1: Firearms, Hunting, and Trapping.
STATUTORY AUTHORITY: 5 M.R.S.A. ( 8056
PURPOSE: The purpose of every rule and regulation we have or will ever propose is to uphold the wishes of Park donor and former Governor Percival P. Baxter by 1) protecting the natural resources and wilderness experiences in Baxter Park, 2) providing for human safety and 3) providing for responsible fiscal management of the funds upon which the Park is dependent.
ANTICIPATED SCHEDULE: Rule was amended in the spring of 1998.
AFFECTED PARTIES: Lessees owning camps on the land and any person entering the Park for day use or camping purposes.

CHAPTER 1: Fishing
STATUTORY AUTHORITY: 5 M.R.S.A. ( 8056
PURPOSE: The purpose of every rule and regulation we have or will ever propose is to uphold the wishes of Park donor and former governor Percival P. Baxter by 1) protecting the natural resources and wilderness experiences in Baxter Park, 2) providing for human safety and 3) providing for responsible fiscal management of the funds upon which the Park is dependent.
ANTICIPATED SCHEDULE: When the need arises to alter this regulation, we will make very specific changes to protect the resource and uphold the best interest of the public's trust in the Park and ensure that decisions made today protect the Park for the enjoyment of generations of Mainers in the future.
AFFECTED PARTIES: Any person entering the Park for day use or camping purposes.

CHAPTER 1: Protecting of Natural and Cultural Resources.
STATUTORY AUTHORITY: 5 M.R.S.A. ( 8056
PURPOSE: The purpose of every rule and regulation we have or will ever propose is to uphold the wishes of Park donor and former Governor Percival P. Baxter by 1) protecting the natural resources and wilderness experiences in Baxter park, 2) providing for human safety and 3) providing for responsible fiscal management of the funds upon which the Park is dependent.
ANTICIPATED SCHEDULE: When the need arises to alter this regulation, we will make very specific changes to protect the resource and uphold the best interest of the public's trust in the Park and ensure that decisions made today protect the Park for the enjoyment of generations of Mainers in the future.
AFFECTED PARTIES: Any person entering the Park for day use or camping purposes.

CHAPTER 1: Audio Devices.
STATUTORY AUTHORITY: 5 M.R.S.A. ( 8056
PURPOSE: The purpose of every rule and regulation we have or will ever propose is to uphold the wishes of Park donor and former Governor Percival P. Baxter by 1) protecting the natural resources and wilderness experiences in Baxter Park, 2) providing for human safety and 3) providing for responsible fiscal management of the funds upon which the Park is dependent.
ANTICIPATED SCHEDULE: When the need arises to alter this regulation, we will make very specific changes to protect the resource and uphold the best interest of the public's trust in the park and ensure that decisions made today protect the Park for the enjoyment of generations of Mainers in the future.
AFFECTED PARTIES: Any person entering the Park for day use or camping purposes.

CHAPTER 1: Power Equipment.
STATUTORY AUTHORITY: 5 M.R.S.A. ( 8056
PURPOSE: The purpose of every rule and regulation we have or will ever propose is to uphold the wishes of Park donor and former Governor Percival P. Baxter by 1) protecting the natural resources and wilderness experiences in Baxter Park, 2) providing for human safety and 3) providing for responsible fiscal management of the funds upon which the Park is dependent.
ANTICIPATED SCHEDULE: When the need arises to alter this regulation, we will make very specific changes to protect the resource and uphold the best interest of the public's trust in the Park and ensure that decisions made today protect the Park for the enjoyment of generations of Mainers in the future.
AFFECTED SCHEDULE: When the need arises to alter this regulation, we will make very specific changes to protect the resource and uphold the best interest of the public's trust in the Park and ensure that decisions made today protect the Park for the enjoyment of generations of Mainers in the future.

CHAPTER 1: Liquor and Drugs
STATUTORY AUTHORITY: 5 M.R.S.A. ( 8056
PURPOSE: The purpose of every rule and regulation we have or will ever propose is to uphold the wishes of Park donor and former governor Percival P. Baxter by 1) protecting the natural resources and wilderness experiences in Baxter Park, 2) providing for human safety and 3) providing for responsible fiscal management of the funds upon which the Park is dependent.
ANTICIPATED SCHEDULE: When the need arises to alter this regulation, we will make very specific changes to protect the resource and uphold the best interest of the public's trust in the Park and ensure that decisions made today protect the Park for the enjoyment of generations of Mainers in the future.
AFFECTED PARTIES: Any person entering the Park for day use or camping purposes.

CHAPTER 1: Closed Areas.
STATUTORY AUTHORITY: 5 M.R.S.A. ( 8056
PURPOSE: The purpose of every rule and regulation we have or will ever propose is to uphold the wishes of Park donor and former Governor Percival P. Baxter by 1) protecting the natural resources and wilderness experiences in Baxter Park, 2) providing for human safety and 3) providing for responsible fiscal management of the funds upon which the Park is dependent.
ANTICIPATED SCHEDULE: When the need arises to alter this regulations, we will make very specific changes to protect the resource and uphold the best interest of the public's trust in the Park and ensure that decisions made today protect the Park for the enjoyment of generations of Mainers in the future.
AFFECTED PARTIES: Any person entering the Park for day use or camping purposes.

CHAPTER 1: Special Research Studies.
STATUTORY AUTHORITY: 5 M.R.S.A. ( 8056
PURPOSE: The purpose of every rule and regulation we have or will ever propose is to uphold the wishes of Park donor and former Governor Percival P. Baxter by 1) protecting the natural resources and wilderness experiences in Baxter Park, 2) providing for human safety and 3) providing for responsible fiscal management of the funds upon which the Park is dependent.
ANTICIPATED SCHEDULE: When the need arises to alter this regulation, we will make very specific changes to protect the resource and uphold the best interest of the public's trust in the Park and ensure that decisions made today protect the park for the enjoyment of generations of Mainers in the future.
AFFECTED PARTIES: Any person entering the Park for day use or camping purposes.

CHAPTER 1: Violations.
STATUTORY AUTHORITY: 5 M.R.S.A. ( 8056
PURPOSE: The purpose of every rule and regulation we have or will ever propose is to uphold the wishes of Park donor and former Governor Percival P. Baxter by 1) protecting the natural resources and wilderness experiences in Baxter Park, 2) providing for human safety and 3) providing for responsible fiscal management of the funds upon which the Park is dependent.
ANTICIPATED SCHEDULE: When the need arises to alter this regulation, we will make very specific changes to protect the resource and uphold the best interest of the public's trust in the Park and ensure that decisions made today protect the Park for the enjoyment of generations of Mainers in the future.
AFFECTED PARTIES: Any person entering the Park for day use or camping purposes.


94-348
AGENCY NAME: Maine Human Rights Commission

CONTACT PERSON: John E. Carnes, Commission Counsel, 51 State House Station, Augusta, ME 04333-0051. Tel: (207) 624-6050

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1998-99 RULE-MAKING ACTIVITY:

CHAPTER 2: Procedural Rule
STATUTORY AUTHORITY: 5 M.R.S.A. 4566(7)
PURPOSE: Amends current procedure for processing emergency investigations.
ANTICIPATED SCHEDULE: January 1999
AFFECTED PARTIES: All parties (complainants, respondents, attorneys and/or other representatives) associated with a charge of unlawful discrimination that must be handled under the Commission's emergency procedures.

CHAPTER 8: Housing Regulations of the Maine Human Rights Commission
STATUTORY AUTHORITY: 5 M.R.S.A. 4566(7)
PURPOSE: To effectuate the housing discrimination provisions of the Maine Human Rights Act.
ANTICIPATED SCHEDULE: January 1999
AFFECTED PARTIES: Owners, buyers, renters of housing accommodations, real estate agencies and lending institutions.

CHAPTER 9: Housing Procedural Rule
STATUTORY AUTHORITY: 5 M.R.S.A. 4566(7)
PURPOSE: To establish procedures for processing charges of unlawful housing discrimination.
ANTICIPATED SCHEDULE: January 1999
AFFECTED PARTIES: Owners, buyers, renters of housing accommodations, real estate agencies and lending institutions.


94-411
AGENCY NAME: Maine State Retirement System

CONTACT PERSON(S): Kay Evans, Executive Director; Gail Drake Wright, Chief Deputy, 46 State House Station, Augusta, ME 04333-0046

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

CHAPTER 101: Average Final Compensation
STATUTORY AUTHORITY: 5 MRSA 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Members of Maine State Retirement System; employers

CHAPTER 102: Qualification as a Full-time Student
STATUTORY AUTHORITY: 5 MRSA 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Members/beneficiaries of Maine State Retirement System

CHAPTER 103: Qualified Domestic Relations Orders
STATUTORY AUTHORITY: 5 MRSA 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Divorcing members/retirees and their spouses

CHAPTER 201: Reporting by Participating Local Districts and Public Schools
STATUTORY AUTHORITY: 5 MRSA 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: School administrative units and participating local districts

CHAPTER 202: Medical Board
STATUTORY AUTHORITY: 5 MRSA 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Disability applicants/benefit recipients

CHAPTER 203: Local Districts that Resume MSRS Participation after Withdrawal
STATUTORY AUTHORITY: 5 MRSA 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Participating local districts and employees of participating local districts that have withdrawn from Maine State Retirement System

CHAPTER 301: Interest Calculations
STATUTORY AUTHORITY: 5 MRSA 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Members of Maine State Retirement System

CHAPTER 302: Retirement Incentives
STATUTORY AUTHORITY: 5 MRSA 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Members of Maine State Retirement System; employers

CHAPTER 401: Membership and Creditable Service - State Employees and Participating District Employees
STATUTORY AUTHORITY: 5 MRSA 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: State employees and participating local district members of Maine State Retirement System; employers

CHAPTER 402: Interest Charges on Back Contributions
STATUTORY AUTHORITY: 5 MRSA 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Members of Maine State Retirement System

CHAPTER 403: Crediting of Sick Leave under 5 MRSA 1094, sub-6
STATUTORY AUTHORITY: 5 MRSA 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Members of Maine State Retirement System

CHAPTER 404: Membership and Creditable Service - Public School Teachers
STATUTORY AUTHORITY: 5 MRSA 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: State and Teacher members of Maine State Retirement System; employers

CHAPTER 405: Rate of Regular Interest
STATUTORY AUTHORITY: 5 MRSA 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: None

CHAPTER 406: Payment or Repayment of Contributions, Back Time, Refunds or Purchase of Service Credits
STATUTORY AUTHORITY: 5 MRSA 17103(4), 17704, 17704-A, 17763, 18362
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Members of Maine State Retirement System

CHAPTER 407: Contributions on Lump-sum Salary Payments under P&S Laws of 1985, c. 145, 146, 147
STATUTORY AUTHORITY: 5 MRSA 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Members of Maine State Retirement System

CHAPTER 408: Military Service Credit
STATUTORY AUTHORITY: 5 MRSA 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Members of Maine State Retirement System; employers

CHAPTER 409: Contributions on Lump-sum Salary Payments under P&S Laws of 1987, Chapter 45
STATUTORY AUTHORITY: 5 MRSA 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Members of Maine State Retirement System

CHAPTER 501: Eligibility of MSRS Members to Apply for Disability Retirement Benefits
STATUTORY AUTHORITY: 5 MRSA 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Members of Maine State Retirement System; employers

CHAPTER 502: Review of Eligibility of Recipients of Disability Benefits
STATUTORY AUTHORITY: 5 MRSA 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Members of Maine State Retirement System; disability recipients; employers

CHAPTER 503: Retirees Engaged on a Contractual Basis
STATUTORY AUTHORITY: 5 MRSA 17103(4), 17855(1), 17906(3)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Maine State Retirement System retirees

CHAPTER 504: Reemployment of Recipients of Disability Retirement Benefits Formerly Employed as State Employees or Teachers
STATUTORY AUTHORITY: 5 MRSA 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Maine State Retirement System disability recipients; members; employers

CHAPTER 505: Request for Suspension of Retirement Benefits
STATUTORY AUTHORITY: 5 MRSA 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Maine State Retirement System members

CHAPTER 506: Rehabilitation of Recipients of Disability Retirement Benefits
STATUTORY AUTHORITY: 5 MRSA 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Maine State Retirement System disability recipients

CHAPTER 507: Determination of Inability to Engage in Substantially Gainful Activity
STATUTORY AUTHORITY: 5 MRSA 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Members of Maine State Retirement System; employers

CHAPTER 508: Disability Retirement under 5 MRSA 1122 as in Effect Prior to July 1, 1997
STATUTORY AUTHORITY: 5 MRSA 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Members of Maine State Retirement System; disability recipients; employers

CHAPTER 509: Determination of Impossibility to Perform the Duties of the Employment Position
STATUTORY AUTHORITY: 5 MRSA 17103(4), 17901, 17921, 18501, 18521
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Members of Maine State Retirement System; disability recipients; employers

CHAPTER 601: State Group Life Insurance
STATUTORY AUTHORITY: 5 MRSA 17103(4), 18503, 18653
PURPOSE: Amend if necessary; update; repeal if necessary and replace
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Participants in Maine State Retirement System Group Life Insurance Program

CHAPTER 701: Rules of Practice Governing Adjudicatory Proceedings Before the MSRS Board of Trustees
STATUTORY AUTHORITY: 5 MRSA 17103(4)
PURPOSE: Repeal
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Persons appealing matters other than decisions of the Executive Director

CHAPTER 702: Appeals of Decisions of the Executive Director
STATUTORY AUTHORITY: 5 MRSA 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Persons appealing decisions of the Executive Director

CHAPTER 802: Participating Local Districts: Membership of Part-time, Seasonal or Temporary Employees
STATUTORY AUTHORITY: 5 MRSA 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Participating Local Districts and Participating Local District employees

CHAPTER 803: Participating Local District Consolidated Retirement Plan
STATUTORY AUTHORITY: 5 MRSA 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Participating local districts and their employees

CHAPTER 901: Adjustment to Retirement Benefits for Confidential State Employees
STATUTORY AUTHORITY: 5 MRSA 17103(4)
PURPOSE: Amend if necessary; repeal or replace if necessary
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Maine State Retirement System members

NEW RULE : Deferred Compensation/Defined Contribution Plans
STATUTORY AUTHORITY: 5 MRSA 17103(4)
PURPOSE: New rule; to establish requirements and procedures for implementing defined contribution plan, if necessary
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Maine State Retirement System members; employers

NEW RULE: Proration of Lump-sum Workers' Compensation Payments
STATUTORY AUTHORITY: 3 MRSA, 853, 4 MRSA 1353(6), 5 MRSA 17103(4), 17906, 17930, 18005, 18506, 18530
PURPOSE: New rule; to provide basis for proration of lump-sum Workers' Compensation payments
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Maine State Retirement System disability recipients

NEW RULE: Earnings Limitation under Article 3 and Article 3-A Disability Programs
STATUTORY AUTHORITY: 3 MRSA, 853, 4 MRSA, 1353(5), 5 MRSA 17103(4), 17906(1), 17930, 18506, 18530
PURPOSE: New rule; to establish interpretation/application of statutes; standards; procedures
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Maine State Retirement System members; disability recipients; employers

NEW RULE: Compliance with Payroll and Reporting Requirements
STATUTORY AUTHORITY: 5 MRSA 17103(4), 17105(5)(B)
PURPOSE: New rule; to establish a schedule of penalties and interest to ensure compliance with payroll reporting/payment, recordkeeping responsibilities, and related compliance procedures
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Maine State Retirement System members; employers

NEW RULE: State Police Officers: 25 Year/No Age Retirement Purchase
STATUTORY AUTHORITY: 5 MRSA 17103(4)
PURPOSE: New rule; to establish procedural and other requirements
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: State Police Officers

NEW RULE: IFW, MR and BSP Law Enforcement Officers: 25/55 Retirement Purchase
STATUTORY AUTHORITY: 5 MRSA 17103(4)
PURPOSE: New rule; to establish procedural and other requirements
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Inland Fisheries and Wildlife, Marine Resources and Baxter State Park Law Enforcement Officers

NEW RULE: Implementation of Board Authority and Responsibilities under Article 9, Sections 18-A and B of the Maine Constitution
STATUTORY AUTHORITY: 5 MRSA 17103(4)
PURPOSE: New rule; implementation of Constitutional amendment (Article 9, sections 18-A and B)
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Maine State Retirement System employers; members, retirees, taxpayers

NEW RULE: Payroll Reporting
STATUTORY AUTHORITY: 5 MRSA 17103(4), 17601 & 17701
PURPOSE: New rule to establish requirements due to automation of the System's recordkeeping processes.
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Maine State Retirement System employers; members

NEW RULE: Implementation of Guidelines for Medical Consultation on Disability Cases
STATUTORY AUTHORITY: 5 MRSA 17103(4), 17106, 17902, 17925, 18502, 18525
PURPOSE: New rule to establish procedural and other requirements
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Maine State Retirement System members; disability recipients

NEW RULE: Implementation of Guidelines for Continuation of Disability Benefits while Actively Seeking Work
STATUTORY AUTHORITY: 5 MRSA 17103(4), 17929(2)(B)(1)
PURPOSE: New rule; to establish procedural and other requirements
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Maine State Retirement System disability retirees under Article 3-A

NEW RULE: Permanency of Incapacity
STATUTORY AUTHORITY: 5 MRSA 17103(4), 17901, 17921
PURPOSE: New rule; to establish procedural and other requirements
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Maine State Retirement System members, disability recipients

NEW RULE: Death Benefits
STATUTORY AUTHORITY: 5 MRSA 17103((4), 17951-17953, 18001-18006, 18551-18557, 18601-18606
PURPOSE: New rule; to establish procedural and other requirements
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Designated beneficiaries, surviving spouses, children, parents and estates of Maine State Retirement System members

NEW RULE: Mortality and Service Tables
STATUTORY AUTHORITY: 3 MRSA, 701(2), 4 MRSA 1201(2), 5 MRSA 17001(2), 17103(4)
PURPOSE: New rule; to adopt mortality and service tables providing actuarial bases for benefit and offset calculations
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Maine State Retirement System members

NEW RULE: Refunds of Accumulated Contributions
STATUTORY AUTHORITY: 5 MRSA 17103(4), 17705, 17706 18306, 18307
PURPOSE: New rule; to establish procedural and other requirements
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Maine State Retirement System members, their designated beneficiaries, surviving spouses, children, parents and estates

OTHER NEW RULEMAKING ACTIONS: Automated Processing
STATUTORY AUTHORITY: 5 MRSA 17103(4)
PURPOSE: Amend current rules and adopt new rules as necessary to convert to increased use of automated processing to enhance timeliness and accuracy of Maine State Retirement System functions.
ANTICIPATED SCHEDULE: 1998-99
AFFECTED PARTIES: Members of Maine State Retirement System; employers


94-434
AGENCY: Maine Educational Loan Authority

CONTACT PERSON: Richard D. Pushard, Vice-President, Two City Center, Portland, Maine 04101. 207/791-3600.

PURPOSE: This rule will be revised and updated to further develop the loan program so it may offer different types of loans specific to the educational degree sought by the student.
ANTICIPATED SCHEDULE: Summer and fall, 1998
AFFECTED PARTIES: Graduate and undergraduate students.


94-457
AGENCY NAME: Finance Authority of Maine

CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, 83 Western Avenue, PO Box 949, Augusta, Maine 04332-0949. Tel: (207) 623-3263.

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: Amendment to Chapter 602, Maine Guaranteed Student Loan Program (Final Rule Amendment adopted by regular rulemaking).

EXPECTED 1998-99 RULE-MAKING ACTIVITY:

CHAPTER 1: Bylaws and Administration of the Finance Authority of Maine
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14); 5 M.R.S.A. 9001.
PURPOSE: To provide guidelines for the administration of the Finance Authority of Maine, including conflicts of interest; to establish procedures to obtain advisory rulings and for the conduct of contested public hearings.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: April, 1999;
Public Hearing: May, 1999; Adoption Date: June, 1999.
AFFECTED PARTIES: All businesses and individuals who require an advisory ruling from the Authority or who are involved in contested hearings before the Authority and the Board and staff members who will have guidance for the basic administration of the Authority.

CHAPTER 101: Mortgage Insurance Program.
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14).
PURPOSE: To provide for the efficient administration of the Program and to make changes necessary to better assist eligible borrowers. To combine all FAME loan insurance programs into one rule.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: September, 1998
Public Hearing: October, 1998; Adoption Date: November, 1998.
AFFECTED PARTIES: Maine businesses which will have enhanced ability to access credit.

CHAPTER 103: Small Business and Veterans' Small Business Mortgage Insurance Programs
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14).
PURPOSE: To provide for the efficient administration of the programs; to implement legislative changes; to better assist eligible borrowers; and to combine all loan insurance programs into one rule.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: September, 1998
Public Hearing: October, 1998; Adoption Date: November, 1998.
AFFECTED PARTIES: Maine businesses with up to 50 employees and sales of up to $5,000,00.00.

CHAPTER 104: Secondary Market Taxable Bond Program
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14); 10 M.R.S.A. 1021 et seq.; 10 M.R.S.A. 1041 et seq.
PURPOSE: To provide for the efficient administration of the program and to make changes necessary to better assist eligible borrowers in accessing the taxable bond market.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: February, 1999;
Public Hearing: March, 1999; Adoption Date: April, 1999.
AFFECTED PARTIES: Maine businesses.

CHAPTER 105: Secondary Market Tax-Exempt Bond Program
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14); 10 M.R.S.A. 1021 et seq.; 10 M.R.S.A. 1041 et seq.
PURPOSE: To provide for the efficient administration of the program and to make changes necessary to better assist eligible borrowers in accessing the tax exempt bond market and to comply with amendments to the Internal Revenue Code.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: February, 1999; Public Hearing: March, 1999; Adoption Date: April, 1999.
AFFECTED PARTIES: Maine manufacturers eligible for tax exempt financing as determined by the United States Internal Revenue Code.

CHAPTER 106: Agricultural Operating Loan Insurance Program
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14).
PURPOSE: To provide for the efficient administration of the program and to make changes necessary to better assist eligible borrowers.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: April, 1999; Public Hearing: May, 1999; Adoption Date: June, 1999.
AFFECTED PARTIES: Maine agricultural enterprises.

CHAPTER 201: Municipal Securities Approval Program
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14); 10 M.R.S.A. 1061 et seq.
PURPOSE: To provide for the efficient administration of the program and to make changes necessary to better assist eligible borrowers in accessing financing opportunities. To bring the Program in compliance with any changes in federal or state law or regulation.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: January, 1999; Public Hearing: February, 1999; Adoption Date: March, 1999.
AFFECTED PARTIES: Maine manufacturers seeking to expand or make improvements.

CHAPTER 202: Revenue Obligation Securities Program
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14); 10 M.R.S.A. 1044; 10 M.R.S.A. 1054.
PURPOSE: To provide for the efficient administration of the program and to make changes necessary to better assist eligible borrowers in accessing tax-exempt bond financing and to bring the program in compliance with the changes in federal or state law or regulation.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: January, 1999;
Public Hearing: February, 1999; Adoption Date: March, 1999.
AFFECTED PARTIES: Maine Businesses seeking tax exempt financing.

CHAPTER 203: Allocation of State Ceiling on Private Activity Bonds
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14); 10 M.R.S.A. 980-A.
PURPOSE: To provide for the efficient administration of the State's ability to issue tax exempt bonds.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: March, 1999; Public Hearing: April, 1999; Adoption Date: May, 1999.
AFFECTED PARTIES: Eligible entities seeking tax exempt financing.

CHAPTER 204: Secondary Market Program.
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14).
PURPOSE: To set out standards and procedures for the implementation and efficient administration of the Program.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: September, 1998; Public Hearing: October, 1998; Adoption Date: November, 1998.
AFFECTED PARTIES: Maine businesses which will be able to access additional funds made available as loans are sold on the secondary market. Banks which will be able to obtain more liquidity by selling guaranteed loans on the Secondary Market.

CHAPTER 301: Maine Job-Start Program
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14); 10 M.R.S.A. 1100-N(2) and (3)
PURPOSE: To provide for the efficient administration of the program and to make changes necessary to better assist regional economic development agencies participating in the program and eligible borrowers and for implementing changes in the legislative mandate.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: May, 1999; Public Hearing: June, 1999; Adoption Date: July, 1999.
AFFECTED PARTIES: Low income individuals starting or expanding a small business; regional community action programs which administer the revolving funds.

CHAPTER 305: Underground Oil Storage Facility or Tank Replacement Program
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14); 10 M.R.S.A. 1023-D(3); 10 M.R.S.A. 1023-F(3).
PURPOSE: To provide for the efficient administration of the program and to make changes necessary to better assist eligible borrowers and to implement legislative changes.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: May, 1999; Public Hearing: June, 1999; Adoption Date: July, 1999.
AFFECTED PARTIES: Maine businesses which are required to remove Underground Oil Storage Tanks or Facilities within the next two years or are undertaking an above-ground oil storage tank project or which are required to install equipment related to air quality improvement.

CHAPTER 307: Maine Seed Capital Tax Credit Program
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14); 10 M.R.S.A. 1100-T.
PURPOSE: To provide for the efficient administration of the program and to make changes necessary to reflect legislative changes and to better assist eligible borrowers.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: February, 1999; Public Hearing: March, 1999; Adoption Date: April, 1999.
AFFECTED PARTIES: Maine businesses receiving investments and investors receiving tax benefits as a result of their investments in Maine businesses.

CHAPTER 308: Overboard Discharge Replacement Program
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14); 10 M.R.S.A. 1023-E(3); 10 M.R.S.A. 1026-G(3).
PURPOSE: To provide for the efficient administration of the program and to make changes necessary to better assist eligible borrowers.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: May, 1999; Public Hearing: June, 1999; Adoption Date: July, 1999.
AFFECTED PARTIES: Maine businesses receiving assistance with the replacement of an overboard discharge system.

CHAPTER 309: Waste Reduction and Recycling Loan Fund Program
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14); 10 M.R.S.A. 1023-F.
PURPOSE: To provide for the efficient administration of the program and to make changes necessary to better assist eligible borrowers.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: May, 1999; Public Hearing: June, 1999; Adoption Date: July, 1999.
AFFECTED PARTIES: Maine businesses receiving financial assistance for use in implementing a waste reduction or recycling project.

CHAPTER 311: Economic Recovery Loan Program.
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14); 10 M.R.S.A. 1026-J.
PURPOSE: To amend the rule as necessary to provide for the efficient administration of the program to better assist eligible borrowers.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: February, 1999; Public Hearing: March, 1999; Adoption Date: April, 1999.
AFFECTED PARTIES: Maine manufacturing, industrial, recreational or natural resource enterprise projects, which will provide significant public benefit to the State.

CHAPTER 312: Intermediary Relending Loan Program
STATUTORY AUTHORITY: State: 10 M.R.S.A. '696-A(14); Federal: 7 U.S.C. 2007a.
PURPOSE: To amend the rule to incorporate changes necessitated by Federal legislative, regulatory or policy directives or to more efficiently administer the programs and assist borrowers.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: May, 1999; Public Hearing: June, 1999; Adoption Date: July, 1999.
AFFECTED PARTIES: Potential new businesses or businesses requiring funds for expansion; businesses requiring funds to maintain or create jobs. Businesses providing employment to low income individuals. All individuals who secure or retain employment as a result of funds loaned.

CHAPTER 314: Regional Economic Development Revolving Loan Program
STATUTORY AUTHORITY: P.L. 1994, Ch. 722; 10 M.R.S.A. 1026-M.
PURPOSE: Establishes the procedures, standards, fees, requirements and criteria for participation in the program.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: June, 1999; Public Hearing: July, 1999; Adoption Date: August, 1999.
AFFECTED PARTIES: Local, regional and statewide nonprofit or governmental economic development corporations or entities and eligible businesses which receive loans.

CHAPTER 315: Family Development Account Program
STATUTORY AUTHORITY: P.L. 1997, Ch. 518; 10 M.R.S.A. 1075, et seq.
PURPOSE: Establishes the procedures, standards, fees, requirements and criteria for participation in the program.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: June, 1999; Public Hearing: July 1999; Adoption Date: Augusta, 1999.
AFFECTED PARTIES: Individuals whose family income is below 200% of the nonfarm income official poverty line as defined by the Federal Office of Management and Budget.

CHAPTER 316: Clean Fuel Vehicle Program
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14), 1023-K, 1026-P(3).
PURPOSE: To inform borrowers and financial institutions of the requirements and standards for obtaining either direct loans or mortgage loan insurance to finance the acquisition or lease of clean fuel vehicles or related components or facilities.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: August, 1998; Public Hearing: September, 1998; Adoption Date: October, 1998.
AFFECTED PARTIES: The rule may allow some businesses to obtain a low interest financing for clean fuel vehicles and related components or facilities.

CHAPTER 601: Maine Student Incentive Scholarship Program.
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14); 20-A M.R.S.A. 11613.
PURPOSE: To make necessary adjustments to the Maine Student Incentive Scholarship Program to insure its efficient administration.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: March, 1999; Public Hearing: April, 1999; Adoption Date: May, 1999.
AFFECTED PARTIES: Secondary school students who may be eligible for a Maine Student Incentive Scholarship Grant.

CHAPTER 602: Maine Guaranteed Student Loan Programs
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14); 20-A M.R.S.A. 11401 et seq.
PURPOSE: To provide for the efficient administration of the Program to allow eligible students to apply for and obtain Guaranteed Student Loans; to make changes in accordance with Federal legislation, U.S. Dept. of Education regulatory and policy changes.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: January, 1999;
Public Hearing: February, 1999; Adoption Date: March, 1999.
AFFECTED PARTIES: Students who wish to participate in the Maine Guaranteed Student Loan programs; lenders participating in the Maine Guaranteed Student Loan programs.

CHAPTER 603: Blaine House Scholars Program
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14).
PURPOSE: To provide consistency between the rule and Legislative changes to meet the needs of Program participants and to make such adjustments as may be necessary.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: May, 1999; Public Hearing: June, 1999; Adoption Date: July, 1999.
AFFECTED PARTIES: Students eligible for loans under the Program.

CHAPTER 604: Osteopathic Student Loan Program
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14); 20-A M.R.S.A. 12006.
PURPOSE: To provide for the criteria to be met by students who borrow from the Maine Osteopathic Loan Fund as administered by the Finance Authority of Maine and to make such adjustments as may be necessary for the functioning of the program.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: January, 1999; Public Hearing: February, 1999; Adoption Date: March, 1999.
AFFECTED PARTIES: Maine residents who are attending or who will immediately attend an Osteopathic College or University.

CHAPTER 605: Robert C. Byrd Honors Scholarship Program
STATUTORY AUTHORITY: State Authority - 10 M.R.S.A. 969-A and 10 M.R.S.A. 1013;
Federal Authority -20 U.S.C. 1070d-31 et seq.; 34 CFR Part 654.
PURPOSE: To provide for the efficient administration of the Program to allow eligible students to apply for and obtain Robert C. Byrd Scholarships and to make changes as necessary to comply with federal legislation, regulation and policy directives.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: April, 1999; No Public Hearing Proposed; Adoption Date: June, 1999.
AFFECTED PARTIES: Students who wish to participate in the Robert C. Byrd Scholarship Program.

CHAPTER 606: Paul Douglas Teacher Scholarship Program
STATUTORY AUTHORITY: State Authority - 10 M.R.S.A. 969-A and 10 M.R.S.A. 1013; Federal Authority - 20 U.S.C. 1070d-31 et seq.; 34 CFR Part 653.
PURPOSE: To provide for the efficient administration of the Program to allow eligible students to apply for and obtain Paul Douglas Teacher Scholarships and to make changes as necessary to comply with federal legislation, regulation and policy directives.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: April, 1999; No Public Hearing Proposed; Adoption Date: June, 1999.
AFFECTED PARTIES: Students who wish to participate in the Paul Douglas Teacher Scholarship Program.

CHAPTER 607: Access to Medical Education and Health Professions Loan Program
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14); 20-A M.R.S.A. 12103.
PURPOSE: To amend the procedures for eligibility for participants in the Access to Medical Education and Health Professions Loan Programs for the more efficient administration of the Programs.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: March, 1999; Public Hearing: April, 1999; Adoption Date: May, 1999.
AFFECTED PARTIES: Maine residents entering post-graduate studies in medical professions.

CHAPTER 608: Tuition Waiver at Post-Secondary Educational Institutions
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14); 20-A M.R.S.A. 12554.
PURPOSE: To provide guidelines for the administration and implementation of the program. To make amendments necessary to implement legislative changes.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: April, 1999; Public Hearing: May, 1999; Adoption Date: June, 1999.
AFFECTED PARTIES: Children of firefighters or law enforcement officers who were killed or received an injury resulting in death in the line of duty.

CHAPTER 610: Teachers for Maine Program
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14); 20-A M.R.S.A. 12501.
PURPOSE: To provide for the implementation and administration of the Teachers for Maine Program.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: March, 1999; Public Hearing: April, 1999; Adoption Date: May, 1999.
AFFECTED PARTIES: Students evidencing an interest in becoming teachers and teachers pursuing continuing education.

CHAPTER 611: Maine College Savings Program.
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14); 20-A M.R.S.A. 11489.
PURPOSE: To provide for the implementation and administration of the Maine College Savings Program.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: July, 1998; Public Hearing: August, 1998; Adoption Date: September, 1998.
AFFECTED PARTIES: All Maine residents interested in attending an institution of higher education or assisting someone else to attend an institution of higher education.

CHAPTER ___: Lender of Last Resort Program
STATUTORY AUTHORITY: State: 10 M.R.S.A. 969-A(14); 20-A M.R.S.A. 11041 et seq.; Federal: Public Law 103-66, 428(j).
PURPOSE: To implement a program whereby students who are unable to receive a guaranteed student loan from other sources can receive a guaranteed student loan in accordance with Federal law and regulation.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: February, 1999; Public Hearing: March, 1999; Adoption Date: April, 1999.
AFFECTED PARTIES: Students who are unable to obtain guaranteed student loans from any other source and lenders who participate in the program.

CHAPTER ___: Capital Access Program
STATUTORY AUTHORITY: P.L. 1994, Ch. 722; 10 M.R.S.A. 1026-L; 10 M.R.S.A. 961-A(14).
PURPOSE: Establishes the procedures, standards and fees applicable to borrowers and lenders participating in the Capital Access Program.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: February, 1999; Public Hearing: March, 1999; Adoption Date: April, 1999.
AFFECTED PARTIES: Start-up businesses with sales of less than $5,000,000.00 and participating banks.

CHAPTER ___: Certificates of Approval for Loring Development Authority Bonds
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14); P.L. 1994, Ch. 729; 5 M.R.S.A. 13080-6(2)(1).
PURPOSE: Establishes the procedures, standards and fees applicable to borrowers applying for a Certificate of Approval from the Finance Authority of Maine for submission with a request to the Loring Development Authority to issue bonds.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: January, 1999; Public Hearing: February, 1999; Adoption Date: March, 1999.
AFFECTED PARTIES: Businesses applying to have the Loring Development Authority issue bonds.

CHAPTER ___: Student Financial Aid Supplemental Loan Program
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14); 20-A M.R.S.A. 11441.
PURPOSE: To provide guidelines for the administration and implementation of the program.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: April, 1999; Public Hearing: May, 1999; Adoption Date: June, 1999.
AFFECTED PARTIES: Maine students attending institutions of higher education or their families who need additional financial assistance for the cost of postsecondary education.

CHAPTER ___: Higher Education Loan Program
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14); 20-A M.R.S.A. 11441.
PURPOSE: To provide guidelines for the administration and implementation of the program.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: April, 1999; Public Hearing: May, 1999; Adoption Date: June, 1999.
AFFECTED PARTIES: Maine students attending institutions of higher education who need additional loans to provide for postsecondary education.

CHAPTER ___: Maine Economic Development Venture Capital Revolving Investment Program
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14); 10 M.R.S.A. 1026-N.
PURPOSE: Establishes the procedures and criteria for the administration of the Maine Economic Development Venture Capital Revolving Investment Program Fund.
ANTICIPATED SCHEDULE: Approval for Rulemaking by FAME Board: January, 1999; Public Hearing: February, 1999; Adoption Date: March, 1999.
AFFECTED PARTIES: Private, professionally managed venture capital funds and eligible businesses that need assistance in order to create or retain jobs.

CHAPTER 701: Small Enterprise Growth Board
STATUTORY AUTHORITY: 10 M.R.S.A. 385.
PURPOSE: Establish the procedures and standards applicable to the Small Enterprise Growth Program, a statewide program which provides funding of up to $150,000 to eligible small businesses demonstrating potential for high growth and significant public benefit; and to implement the Small Enterprise Growth Program.
ANTICIPATED SCHEDULE: Approval for Rulemaking by Board: April, 1999; Public Hearing: May, 1999; Adoption Date: June, 1999.
AFFECTED PARTIES: Small businesses demonstrating the potential for strong growth and public benefit will benefit from the Program.


95-584
AGENCY NAME: Northern New England Passenger Rail Authority

CONTACT PERSON: Michael J. Murray, P.E., Executive Director/Secretary, 16 State House Station, Augusta, ME 04333-0016

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1998-99 RULE-MAKING ACTIVITY: None


99-346
AGENCY: Maine State Housing Authority

CONTACT PERSON: Roberta J. Letourneau, Rules Contact Person, 343 Water Street, Augusta, Maine 04330-4633

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: NONE

RULES MAY BE PROPOSED BEFORE JULY, 1999:

CHAPTER 1: Home Mortgage Program Rule
STATUTORY AUTHORITY: 30-A MRSA 4741(1)
PURPOSE: Amendments necessitated by changes in market conditions and/or applicable law.
ANTICIPATED SCHEDULE: Prior to July, 1999, as necessary.
AFFECTED PARTIES: Lenders and homebuyers.

CHAPTER 2: Cooperation with Local Governments
STATUTORY AUTHORITY: 30-A MRSA 4741(1)
PURPOSE: Amendments necessitated by changes in market conditions and/or applicable law.
ANTICIPATED SCHEDULE: Prior to July, 1999, as necessary.
AFFECTED PARTIES: Local governments and housing authorities

CHAPTER 3: Home Improvement/Energy Conservation Loan Program Rule
STATUTORY AUTHORITY: 30-A MRSA 4741(1)
PURPOSE: Amendments necessitated by changes in market conditions and/or applicable law.
ANTICIPATED SCHEDULE: Prior to July, 1999, as necessary.
AFFECTED PARTIES: Homeowners and lenders.

CHAPTER 5: Energy Cost and Utility Allowance Determinations
STATUTORY AUTHORITY: 30-A MRSA 4741(1)
PURPOSE: Amendments necessitated by changes in market conditions and/or applicable law.
ANTICIPATED SCHEDULE: Prior to July, 1999, as necessary.
AFFECTED PARTIES: Tenants and landlords.

CHAPTER 6: Insurance Specifications and Administrative Procedures for
Master Insurance Program for MSHA Financed Multi-family Developments
STATUTORY AUTHORITY: 30-A MRSA 4741(1)
PURPOSE: Amendments necessitated by changes in market conditions and/or applicable law.
ANTICIPATED SCHEDULE: Prior to July, 1999, as necessary.
AFFECTED PARTIES: Developers.

CHAPTER 7: Indian Housing Mortgage Insurance Program Rule
STATUTORY AUTHORITY: 30-A MRSA 4741(1),4936
PURPOSE: Amendments necessitated by changes in market conditions and/or applicable law.
ANTICIPATED SCHEDULE: Prior to July, 1999, as necessary.
AFFECTED PARTIES: Indians residing on reservations and lenders.

CHAPTER 9: Rental Housing Loan Program Rule
STATUTORY AUTHORITY: 30-A MRSA 4741(1)
PURPOSE: Amendments necessitated by changes in market conditions and/or applicable law.
ANTICIPATED SCHEDULE: Prior to July, 1999, as necessary.
AFFECTED PARTIES: Developers, architects, contractors and lenders.

CHAPTER 11: Direct Lending Rule
STATUTORY AUTHORITY: 30-A MRSA 4741(1), 4722(1)(L)
PURPOSE: Amendments necessitated by changes in market conditions and/or applicable law.
ANTICIPATED SCHEDULE: Prior to July, 1999, as necessary.
AFFECTED PARTIES: Lenders.

CHAPTER 12: Residential Property Municipal Securities Approval Rule
STATUTORY AUTHORITY: 30-A MRSA 4741(1), 4722(1)(T)
PURPOSE: Amendments necessitated by changes in market conditions and/or applicable law.
ANTICIPATED SCHEDULE: Prior to July, 1999, as necessary.
AFFECTED PARTIES: Developers and municipalities.

CHAPTER 13: Allocation of State Ceiling for Housing Related Bonds
STATUTORY AUTHORITY: 30-A MRSA 4741(1), (13)
PURPOSE: Amendments necessitated by changes in market conditions and/or applicable law.
ANTICIPATED SCHEDULE: Prior to July, 1999, as necessary.
AFFECTED PARTIES: Developers, homebuyers and other issuers.

CHAPTER 14: Single Family Housing Preservation Loan Program
STATUTORY AUTHORITY: 30-A MRSA 4741(1)
PURPOSE: Amendments necessitated by changes in market conditions and/or applicable law.
ANTICIPATED SCHEDULE: Prior to July, 1999, as necessary.
AFFECTED PARTIES: Nonprofit housing corporations, Farmers Home District Office, Community Development Block Grant Office and community action program agencies.

CHAPTER 15: New Housing Initiatives Program
STATUTORY AUTHORITY: 30-A MRSA 4741(1)
PURPOSE: Amendments necessitated by changes in market conditions and/or applicable law.
ANTICIPATED SCHEDULE: Prior to July, 1999, as necessary.
AFFECTED PARTIES: Tenants, landlords, local housing authorities and municipal community development offices.

CHAPTER 16: Allocation of State Ceiling for Low-income Housing Tax Credit
STATUTORY AUTHORITY: 30-A MRSA 4741(1), (14); Internal Revenue Code 42
PURPOSE: Amendments necessitated by changes in market conditions and/or applicable law.
ANTICIPATED SCHEDULE: Prior to July, 1999, as necessary.
AFFECTED PARTIES: Developers and accountants.

CHAPTER 17: Natural Disaster Home Assistance Program
STATUTORY AUTHORITY: 30-A MRSA 4741(1),4922(5)
PURPOSE: Amendments necessitated by changes in market conditions and/or applicable law.
ANTICIPATED SCHEDULE: Prior to July, 1999, as necessary.
AFFECTED PARTIES: Homeowners and landlords.

CHAPTER 18: Underground Oil Storage Tank Removal Program
STATUTORY AUTHORITY: 30-A MRSA 4741(1)
PURPOSE: Amendments necessitated by changes in market conditions and/or applicable law.
ANTICIPATED SCHEDULE: Prior to July, 1999, as necessary.
AFFECTED PARTIES: Homeowners and landlords.

CHAPTER 19: Homeless Programs Rule
STATUTORY AUTHORITY: 30-A MRSA 4741(1)
PURPOSE: Amendments necessitated by changes in market conditions and/or applicable law.
ANTICIPATED SCHEDULE: Prior to July, 1999, as necessary.
AFFECTED PARTIES: Persons who are homeless and shelter operators.

CHAPTER 21: Land Acquisition/improvement and Housing Opportunity Zones Program
STATUTORY AUTHORITY: 30-A MRSA 4741(1), 5013, 5024, 5052
PURPOSE: Amendments necessitated by changes in market conditions and/or applicable law.
ANTICIPATED SCHEDULE: Prior to July, 1999, as necessary.
AFFECTED PARTIES: Potential homeowners, municipalities and nonprofit housing corporations.

CHAPTER 22: Mental Health Consumer Residential Opportunities Program STATUTORY AUTHORITY: 30-A MRSA 4741(1)
PURPOSE: Amendments necessitated by changes in market conditions and/or applicable law.
ANTICIPATED SCHEDULE: Prior to July, 1999, as necessary.
AFFECTED PARTIES: Persons with mental illness, developers, Department of Mental Health and Mental Retardation and mental health service providers.

CHAPTER 23: Preservation Financing Program
STATUTORY AUTHORITY: 30-A MRSA 4741(1),4977
PURPOSE: Amendments necessitated by changes in market conditions and/or applicable law.
ANTICIPATED SCHEDULE: Prior to July, 1999, as necessary.
AFFECTED PARTIES: Owners of federally-assisted rental housing projects, local housing authorities, low-income tenants and lenders.

CHAPTER 24: Home Energy Assistance Program Rule
STATUTORY AUTHORITY: 30-A MRSA 4741 (1) and (15), 4722(1)(W), 4992
PURPOSE: Amendments necessitated by changes in market conditions and/or applicable law.
ANTICIPATED SCHEDULE: Prior to July, 1999, as necessary.
AFFECTED PARTIES: Community action program agencies, tenants, homebuyers, oil dealers and public utility companies.

CHAPTER 25: Weatherization Program Rule
STATUTORY AUTHORITY: 30-A MRSA 4741(1) and (15), 4722(1)(W)
PURPOSE: Amendments necessitated by changes in market conditions and/or applicable law.
ANTICIPATED SCHEDULE: Prior to July, 1999, as necessary.
AFFECTED PARTIES: Community action program agencies, technical colleges, homeowners and tenants.

CHAPTER 26: Supportive Housing Initiatives Program Rule
STATUTORY AUTHORITY: 30-A MRSA 4741(1)
PURPOSE: Amendments necessitated by changes in market conditions and/or applicable law.
ANTICIPATED SCHEDULE: Prior to July, 1999, as necessary.
AFFECTED PARTIES: Developers, nonprofit housing corporations and supportive service providers, including state agencies.

CHAPTER 27: Ownership Transfers
STATUTORY AUTHORITY: 30-A MRSA 4741(1)
PURPOSE: Amendments necessitated by changes in market conditions and/or applicable law.
ANTICIPATED SCHEDULE: Prior to July, 1999, as necessary.
AFFECTED PARTIES: Developers, nonprofit housing corporations and social service providers, including state agencies.

CHAPTER 28: Temporary Housing Assistance Program Rule
STATUTORY AUTHORITY: 30-A MRSA 4762
PURPOSE: To establish the administrative procedures and eligibility criteria for providing emergency assistance to persons who are in danger of becoming homeless or persons who are homeless to enable them to obtain housing.
ANTICIPATED SCHEDULE: Prior to July, 1999.
AFFECTED PARTIES: Community action program agencies, homeless shelter operators, social service providers and advocates such as Maine Equal Justice and Pine Tree Legal Assistance.


99-420
AGENCY: Maine Turnpike Authority

CONTACT PERSON: Margaret A. Trueworthy, Secretary-Treasurer, Maine Turnpike Authority, 430 Riverside Street, Portland, Maine 04103. Telephone # (207) 871-7771

PROPOSED RULE CHANGE #1 (amendment)
99-420 CMR 1:11: Rules Governing the Use of the Turnpike: Overlimit Permits
STATUTORY AUTHORITY. 23 M.R.S.A. Sec. 1965 (1)(C), 1973(2) 1980.
THE PURPOSE OF THE PROPOSED RULES: To allow the MTA to require that (2) escort vehicles travel with certain overlimit vehicles, to restrict passing by certain overlimit vehicles, and to regulate the minimum and maximum speed of certain overlimit vehicles.
THE EXPECTED SCHEDULE FOR ADOPTION OF THE RULES: This rule may or may not be pursued in the coming twelve months.
IDENTIFICATION AND LISTING OF POTENTIALLY BENEFITED AND REGULATED PARTIES: This regulation would benefit all travelers by improving the safety of the highway.

PROPOSED RULE CHANGE 2:
99-420 CMR Governing the Use of the Turnpike
STATUTORY AUTHORITY. 23 M.R.S.A. Sec. 1965(1)(C), 1973, 1980
THE PURPOSE OF THE PROPOSED RULES: To allow the Maine Turnpike Authority to clarify and institute regulations for tow operations, tow trucks, and others performing services on the Turnpike.
THE EXPECTED SCHEDULE FOR ADOPTION: This rule may or may not be pursued in the coming twelve months.
IDENTIFICATION AND LISTING OF POTENTIALLY BENEFITED AND REGULATED PARTIES: This regulation would benefit travelers whose vehicles become disabled by improving services provided.

PROPOSED RULE CHANGE #3 (AMENDMENT):
99-420 CMR 1.3: Rules Governing the Use of the Turnpike: Keep Right - Pass on Left Only
STATUTORY AUTHORITY: 23 M.R.S.A. Sec. 1965(1)(C) and 1980.
THE PURPOSE OF THE PROPOSED RULES:
1. To clarify the currently ambiguous wording of the passing regulations to allow for more effective enforcement; and also
2. To insert language which instructs operators to travel within the lane boundaries except to pass in order to allow for prosecution of an operator who weaves in traffic in order to enhance OUI prosecution efforts; and also
3. To insert language which prohibits travel in the breakdown lane except in the case of emergencies.
THE EXPECTED SCHEDULE FOR ADOPTION OF THE RULES: This rule change may or may not be pursued in the next twelve months.
IDENTIFICATION AND LISTING OF POTENTIALLY BENEFITED AND REGULATED PARTIES: The proposed rule change would adjust enforcement mechanisms but would not significantly change the benefits or regulations applied to any party.

PROPOSED RULE CHANGE #4 (AMENDMENT):
99-420 CMR 1.3: Rules Governing the Use of the Turnpike: Keep Right - Pass on the Left Only
STATUTORY AUTHORITY: 23 M.R.S.A. Sec. 1965(1)(C) and 1980.
THE PURPOSE OF THE PROPOSED RULES: To restrict commercial vehicles from using the passing lane during inclement winter weather conditions in an effort to improve safe travel in these extreme situations.
THE EXPECTED SCHEDULE FOR ADOPTION OF THE RULES: This rule may or may not be pursued in the coming twelve months.
IDENTIFICATION AND LISTING OF POTENTIALLY BENEFITED AND REGULATED PARTIES: This regulation would benefit all travelers by improving the safety of the highway but would significantly restrict the free flow of commercial traffic during periods of snow and ice and would, as such, require careful investigation prior to proposal.

PROPOSED RULE CHANGE #5 (AMENDMENT):
99-420 CMR 1.4: Rules Governing the Use of the Turnpike: Parking
STATUTORY AUTHORITY: 23 M.R.S.A. Sec. 1965(1)(C) and 1980
THE PURPOSE OF THE PROPOSED RULES:
1. To prohibit truck parking in car lots in service areas; and also
2. To prohibit non-handicap parking in handicap spaces as posted; and also
3. To prohibit parking on access ramps.
THE EXPECTED SCHEDULE FOR ADOPTION OF THE RULES: This rule change may or may not be pursued in the next twelve months.
IDENTIFICATION AND LISTING OF POTENTIALLY BENEFITED AND REGULATED PARTIES: The proposed rule change would improve enforcement mechanisms but would not significantly change the benefits or regulations applied to any party.

PROPOSED RULE CHANGE #6 (AMENDMENT)
99-420 CMR 1.5 and 1.6: Rules Governing the Use of the Turnpike: Median Strip and No U-Turn.
STATUTORY AUTHORITY: 23 M.R.S.A. Sec. 1965(1)(C) and 1980.
THE PURPOSE OF THE PROPOSED RULES: To redraft and reconstruct these rules to more effectively allow restriction of travel through median openings and to more effectively discourage U-Turns at toll areas.
THE EXPECTED SCHEDULE FOR ADOPTION OF THE RULES: This rule may or may not be pursued in the coming twelve months.
IDENTIFICATION AND LISTING OF POTENTIALLY BENEFITED AND REGULATED PARTIES: The proposed rule change would improve existing enforcement mechanisms yet could also serve to limit median crossovers by contractors and other parties who are accustomed to such access.

PROPOSED RULE CHANGE #7 (AMENDMENT):
99-420 CMR 1.1: Rules Governing the Use of the Turnpike: Speed Limits
STATUTORY AUTHORITY: 23 M.R.S.A. Sec. 1965(1)(C), 1973(2), 1980.
THE PURPOSE OF THE PROPOSED RULES: Any speed limit changes that are required by Federal Laws or Regulatory agencies or by changes in State DOT designation of related demographic classifications.
THE EXPECTED SCHEDULE FOR ADOPTION OF THE RULES: This rule may or may not be pursued in the coming twelve months.
IDENTIFICATION AND LISTING OF POTENTIALLY BENEFITED AND REGULATED PARTIES: The proposed rule change will improve the traffic flow along the Turnpike in certain urban sections which are used annually by millions of commuters, passenger vehicles, and commercial vehicles operated by Maine residents and residents of other states and provinces.

PROPOSED RULE CHANGE #8:
99-420 CMR Rules Governing the Use of the Turnpike: Informational Signing
STATUTORY AUTHORITY: 23 M.R.S.A. 1965(1)(U)
THE PURPOSE OF THE PROPOSED RULE: To allow the MTA to institute a program for informational signing with respect to service business in the immediate vicinity of the Turnpike for lodgings and attractions. The Authority would especially consider programs similar to that on the New York Thruway and other tollways.
THE EXPECTED SCHEDULE FOR ADOPTION: This rule may or may not be pursued in the coming twelve months.
IDENTIFICATION AND LISTING OF POTENTIALLY BENEFITED AND REGULATED PARTIES: This regulation would benefit travelers by providing motorist services information.

OTHER PROPOSED RULE CHANGES: The Maine Turnpike Authority may propose other changes to its rules throughout the year as they become necessary for reasons of improved safety, enforcement, and administration, or as a result of the alternatives Study and other studies of which the Maine Turnpike Authority is undertaking, recognizing the restrictions of 5 M.R.S.A. 8064.


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