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State of Maine
29
Secretary of State
2000-2001 Regulatory Agenda
AGENCY UMBRELLA-UNIT
NUMBER: 29-250
AGENCY NAME: Secretary of State, Bureau of Motor Vehicles
CONTACT PERSON:
Peter Brazier, Deputy Secretary of State, 29 State House Station, Augusta,
ME 04333-0029. Tel: (207) 624-9004
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA:
CHAPTER 159: Rules
Governing the Administration of the Semipermanent Semitrailer Registration
Program
EXPECTED 2000-2001
RULE-MAKING ACTIVITY:
CHAPTER 1: Rules
for Administrative Suspension Relating to Demerit Point Accumulation,
Convictions and Adjudications
STATUTORY AUTHORITY: 29-A M.R.S.A. § 2458(3)
PURPOSE: These rules were promulgated for the purpose of identifying
the reckless or negligent driver of a motor vehicle and to establish
a uniform point system of assigning demerit points for specified convictions
or adjudications of violations of statutes and regulations governing
the operation of motor vehicles. These rules may be amended as the result
of legislative changes to motor vehicle laws.
ANTICIPATED SCHEDULE: Any rule amendments would be proposed prior to
January 1, 2001.
AFFECTED PARTIES: These rules affect all persons who operate motor vehicles.
CHAPTER 2: Rules
for the conduct of administrative hearings before the Secretary of State
STATUTORY AUTHORITY: 29-A M.R.S.A. § 153
PURPOSE: These rules govern the conduct of adjudicatory hearings before
the Secretary of State involving denials, suspensions or revocations
of any license, certificate, or title. These rules may be amended as
the result of legislative changes to the motor vehicle laws.
ANTICIPATED SCHEDULE: Any rule amendments would be proposed prior to
March 1, 2001.
AFFECTED PARTIES: These rules affect all persons who request an administrative
hearing before the Secretary of State.
CHAPTER 3: Physical,
emotional and mental competence to operate a motor vehicle
STATUTORY AUTHORITY: 29-A M.R.S.A § 153
PURPOSE: These rules describe the standards to be used by the Secretary
of State in determining physical, emotional, and mental competence of
a person to operate a motor vehicle. These rules which were adopted
pursuant to 29-A M.R.S.A. § 153, may be amended following the annual
meeting of the Medical Advisory Board to the Secretary of State.
ANTICIPATED SCHEDULE: These rule amendments would be proposed in late
2000.
AFFECTED PARTIES: All license applicants and anyone holding a motor
vehicle license.
CHAPTER 4: Rules
for the driver license examination
STATUTORY AUTHORITY: 29-A M.R.S.A. § 153
PURPOSE: These rules describe the components of the examination used
to determine a person's qualification to obtain a Maine driver's license.
These rules may be updated to comply with the provisions of the Commercial
Motor Vehicle Safety Act of 1986 or as the result of legislative changes
to the motor vehicle laws.
ANTICIPATED SCHEDULE: Any rule amendments would be proposed prior to
January 1, 2001.
AFFECTED PARTIES: These rules affect all persons seeking to obtain a
Maine driver's license.
CHAPTER 6: Rules
for the suspension of commercial driver's licenses
STATUTORY AUTHORITY: 29-A M.R.S.A. § 1253
PURPOSE: These rules implement those provisions of the Federal Commercial
Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-520) relating
to the disqualification of persons from operating commercial motor vehicles
upon conviction, adjudication or administrative determination for specific
traffic and other designated offenses committed while operating a commercial
motor vehicle. The Secretary of State is required by terms of 20-A M.R.S.A.
§ 1253 to adopt these rules.
ANTICIPATED SCHEDULE: It is anticipated that these rules may be amended
as a result of changes to the federal statutory and regulatory provisions
of the Commercial Motor Vehicle Safety Act prior to March 1, 2001.
AFFECTED PARTIES: These rules will affect all operators and owners of
commercial motor vehicles as well as persons who have been issued Commercial
Driver's Licenses.
CHAPTER 7: Rules
for the suspension of driver's licenses for failure to comply with child
support orders.
STATUTORY AUTHORITY: 29-A M.R.S.A. § 153 and § 2459(5)
PURPOSE: These rules implement the provisions of 19 M.R.S.A. § 305 -
307 and 29-A M.R.S.A. § 2459 which require the Secretary of State to
suspend the driver's and business licenses of individuals whom the Commissioner
of Human Services certifies are not in compliance with court orders
of child support.
ANTICIPATED SCHEDULE: Any rule amendments would be proposed prior to
January 1, 2001.
AFFECTED PERSONS: These rules affect individuals who fail to comply
with child support orders.
CHAPTER 9: Rules
governing drivers education
STATUTORY AUTHORITY; 29-A M.R.S.A. § 153
These rules establish the licensing requirements for driver education
schools, instructors and teachers.
ANTICIPATED SCHEDULE: These rules may be amended during 2001.
AFFECTED PARTIES: These rules will affect all driver education schools,
instructors and teachers.
CHAPTER 11: Motorcycle
Rider Education
STATUTORY AUTHORITY: 29-A M.R.S.A. §153
PURPOSE: These rules establish procedures for motorcycle driver education
programs and the certification of instructors.
ANTICIPATED SCHEDULE: Any rule amendments would be proposed prior to
January 1, 2001.
AFFECTED PARTIES: All motorcycle driver education instructors and all
motorcycle permit applicants.
CHAPTER 102: Rules
governing the titling of motor vehicles
STATUTORY AUTHORITY: 29-A, M.R.S.A. § 601
PURPOSE: This rule may be revised and updated if any changes are required
in the procedures for titling vehicles.
ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: General public, automobile dealers, auctions, transporters,
loaners and lien holders.
CHAPTER 103: Rules
governing the licensing of automobile dealers, auctions, transporters
and loaners
STATUTORY AUTHORITY: 29-A M.R.S.A. § 951
PURPOSE: This rule may be revised and updated if any changes in procedures
are necessary for licensing of automobile dealers, auctions, transporters
and loaners.
ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: Licensed automobile dealers, auctions, transporters
and loaners
CHAPTER 108: Rules
governing the automobile manufacturer or distributor license STATUTORY
AUTHORITY: 10 M.R.S.A. § 1171-B(4) and 5 M.R.S.A. § 8071
PURPOSE: This rule may be revised and updated if any changes are necessary
in the procedures for licensing automobile manufacturers or distributors.
ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: Licensed automobile manufacturers and distributors
CHAPTER 151: Rules governing enforcement of the federal heavy vehicle
use tax (HVUT)
STATUTORY AUTHORITY: 29-A M.R.S.A. § 504
PURPOSE: This rule may be revised and updated if and when any changes
in Federal laws regarding Heavy Vehicle Taxation are enacted.
ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: All those registrants operating vehicles with a registered
gross weight subject to the Federal Heavy Vehicle Use Tax.
CHAPTER 152: Rules
concerning form for hazardous material licenses
STATUTORY AUTHORITY: 29-A M.R.S.A. § - None at this time.
PURPOSE: If and when a Hazardous Materials Program is instituted, a
rule would be required. ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: Motor Carriers of hazardous materials.
CHAPTER 153: The administration of motor intrastate carriers of passengers-for-hire
STATUTORY AUTHORITY: 29-A M.R.S.A. § 551
PURPOSE: Due to potential changes in the operating authority, for-hire
statutes and electronic insurance filing it may be necessary to amend
this rule.
ANTICIPATED SCHEDULE: fall, 1999
AFFECTED PARTIES: For-Hire motor carriers of passengers and rental vehicles.
CHAPTER 154: The
administration of motor intrastate or ICC exempt carriers of property
for-hire
STATUTORY AUTHORITY: 29-A M.R.S.A. § 551
PURPOSE: Due to potential changes in the operating authority program,
and electronic insurance filing for-hire insurance statutes, it may
be necessary to amend this rule.
ANTICIPATED SCHEDULE: fall, 2000
AFFECTED PARTIES: For-Hire motor carriers of property in intrastate
and ICC exempt service.
CHAPTER 155: Rules
governing permits for non-divisible, oversize, and overweight vehicles
engaged in interstate commerce
STATUTORY AUTHORITY: 29-A M.R.S.A. § 2382
PURPOSE: These rules may be amended to conform to any multi-state agreement
and to meet any operating changes that may occur.
ANTICIPATED SCHEDULE: fall, 1999
AFFECTED PARTIES: Movers of Interstate over-size and over-weight loads.
CHAPTER 156: Rules
governing the fee structure for non-divisible, oversize and overweight
vehicles and state police escorts.
STATUTORY AUTHORITY: 29-A M.R.S.A. § 2382
PURPOSE: These rules may be amended as a reaction to a future cost study
to be performed by MDOT and possible legislation on fee changes.
ANTICIPATED SCHEDULE: fall, 1999
AFFECTED PARTIES: Movers of over-size and over-weight loads.
CHAPTER 157: The
administration of oversize and overweight permits
STATUTORY AUTHORITY: 29-A M.R.S.A. § 2382
PURPOSE: This rule may be revised to update and clarify certain sections.
ANTICIPATED SCHEDULE: spring, 2000
AFFECTED PARTIES: Movers of intrastate and interstate over-weight and
over-size loads.
CHAPTER 158: The
administration of transit-trailer plates
STATUTORY AUTHORITY: 29-A M.R.S.A. § 462
PURPOSE: This rule may be revised and updated as needed to adjust for
changes in use or responsibilities.
ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: Transporters of mobile homes and storage trailers,
which have or wish to obtain transit trailer plates.
CHAPTER 159: Rules
governing the administration of the Semipermanent Semitrailer registration
program (20 year)
STATUTORY AUTHORITY: 29-A M.R.S.A. § 512
PURPOSE: This rule may be revised and updated to clarify certain sections
as needed due to policy or law changes.
ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: Those registrants who opt to register semi-trailers
under long duration programs.
CHAPTER 160: The
administration of combination vehicles with semi-trailer over 48 feet
and up to 53 feet in length.
STATUTORY AUTHORITY: 29-A M.R.S.A. § 2390
PURPOSE: This rule may be revised to update and clarify certain sections.
ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: Carriers operating trailers 48 feet to 53 feet in
length.
CHAPTER 162: The
administration of the international registration plan
STATUTORY AUTHORITY: 29-A M.R.S.A. § 531
PURPOSE: This rule may be revised to update and clarify certain sections
ANTICIPATED SCHEDULE: Spring, 2000
AFFECTED PARTIES: Most owners of medium and heavy trucks operating in
interstate and foreign commerce.
CHAPTER 163: The
administration of the single state registration system for interstate
commerce commission certified carriers of property and passengers
STATUTORY AUTHORITY: 29-A M.R.S.A. § 551
PURPOSE: This rule may be revised to include all interstate motor carriers,
electronic insurance filing and to conform with any changes to the Program
as mandated by Federal Law.
ANTICIPATED SCHEDULE: Fall, 1999
AFFECTED PARTIES: Those motor carriers based in or choosing Maine as
a base.
CHAPTER 164: The
administration of overweight oceangoing containers (OGC)
STATUTORY AUTHORITY: 29-A M.R.S.A. § 2382
PURPOSE: This rule may be revised and updated to promote the increased
use of intermodalism for Maine industry.
ANTICIPATED SCHEDULE: Spring, 2000
AFFECTED PARTIES: Maine industries that import or export their products
via oceangoing containers
CHAPTER 165: The
administration of the Maine International Fuel Tax agreement (IFTA)
and the intrastate fuel tax program (user).
STATUTORY AUTHORITY: 29-A M.R.S.A. § 525
PURPOSE: This rule may be revised and updated to set guidelines and
controls on the fuel tax program including the administration of fuel
decals.
ANTICIPATED SCHEDULE: Spring, 2000
AFFECTED PARTIES: Those motor carriers which qualify to file motor fuel
tax reports and obtain fuel decals.
CHAPTER 167: The
administration of motor vehicle fleet registrations
STATUTORY AUTHORITY: 29-A M.R.S.A. § 411
PURPOSE: This will be a new rule to set guidelines and controls on the
bulk registration of vehicle fleets.
ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: Those entities operating large fleets who wish to
consolidate and register their vehicles for multiple years.
CHAPTER 168: The
administration and issuance of USDOT numbers for intrastate motor carriers
STATUTORY AUTHORITY: 29-A M.R.S.A. § 555-A
PURPOSE: This rule may be amended as necessary to manage the issuance
of USDOT numbers to qualifying intrastate motor carriers.
ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: Intrastate Motor Carriers
CHAPTER 169: The
administration of the performance and registration information systems
management (prism) program
STATUTORY AUTHORITY: 29-A M.R.S.A. § 2458
PURPOSE: This rule will be necessary if the State enters into a cooperative
agreement with the Federal Government to link safety fitness of motor
carriers to vehicle registration.
ANTICIPATED SCHEDULE: Winter, 1999 - 2000
AFFECTED PARTIES: Motor carriers which are calculated to be high risk,
unsafe transport companies.
NEW RULE: Rules
for establishing a uniform system for disabled parking pursuant to the
federal regulations adopted by the Federal Highway Administration in
April 1991 as a result of a law passed by Congress (Public Law 100-641)
on November 9, 1988.
STATUTORY AUTHORITY: 29-A MRSA, § 153 and § 521
PURPOSE: Rules may be promulgated to comply with the Federal Highway
Administration regulations of 1991 that established guidelines for the
design of the disabled placard as well as those to determine the qualifications
of the applicant.
ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: These rules would affect persons or organizations
applying for a disabled placard.
NEW RULE: Rules
to establish and define Motor Vehicle Municipal Agents' participation
in the Municipal Registration Program.
STATUTORY AUTHORITY: 29-A MRSA, § 153 and § 201
PURPOSE: Rules may be promulgated to establish and define the Motor
Vehicle Agent participation in the Municipal Registration Program.
ANTICIPATED SCHEDULE: Unknown
AFFECTED PARTIES: Municipal tax collectors designated to collect excise
tax on vehicles, as agent for the Secretary of State.
NEW RULE: Rules
to Establish and Define the Motor Vehicle, Non-governmental Agent Program.
STATUTORY AUTHORITY: 29-A MRSA, § 153 and § 201-A
PURPOSE: Rules may be promulgated to establish and define the Motor
Vehicle Non-governmental Agent Program.
ANTICIPATED SCHEDULE: Unknown
PURPOSE: Third party service providers.
NEW RULE: Rules
for establishing a procedure for identifying on a certificate of registration,
those vehicles required to have an enhanced inspection pursuant to the
Maine Revised Statutes, Title 29-A, § 1751, subsection 2-A.
STATUTORY AUTHORITY: 29-A MRSA, § 153, § 1751, § 1756, § 2113 and §
2114
PURPOSE: Rules may be promulgated to define how registrations will be
marked to indicated the vehicle requires an enhanced emissions test.
ANTICIPATED SCHEDULE: Unknown
PURPOSE: These rules will affect residents of Cumberland County that
register a vehicle.
AGENCY UMBRELLA-UNIT
NUMBER: 29-250
AGENCY NAME: Secretary of State, Bureau of Corporations, Elections and
Commissions
CONTACT PERSON:
Julie L. Flynn, Deputy Secretary of State, 101 State House Station,
Augusta, ME 04333-0101
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None
EXPECTED 2000-2001
RULE-MAKING ACTIVITY:
CHAPTER 200: Rules
for the use of expedited service in Corporations
STATUTORY AUTHORITY: 10 MRSA § 1527-B; 11 MRSA § 9-409; 13-A MRSA §
1403-A; 13-B MRSA § 1402-A; 31 MRSA § 414; 31 MRSA § 613; and 31 MRSA
§ 813.
PURPOSE: The Secretary of State may find it necessary to update and
clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to October, 2001.
AFFECTED PARTIES: All customers of the Division of Corporations.
CHAPTER 201: Rules
for the sale of publications in Corporations
STATUTORY AUTHORITY: 10 MRSA § 1527-D; 11 MRSA § 9-411; 13 MRSA § 905;
13-A MRSA § 1406; 13-B MRSA § 1405; 31 MRSA § 416; 31 MRSA § 615; and
31 MRSA § 815.
PURPOSE: The Secretary of State may find it necessary to update and
clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to October, 2001.
AFFECTED PARTIES: All customers of the Division of Corporations.
CHAPTER 240: Rules
for Limited Liability Partnerships under Title 31, Chapter 15
STATUTORY AUTHORITY: 31 MRSA § 812.
PURPOSE: The Secretary of State may find it necessary to update and
clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to October, 2001.
AFFECTED PARTIES: Any customer of the Division of Corporations filing
documents for Limited Liability Partnerships.
CHAPTER 250: Rules
for Business Corporations under Title 13-A
STATUTORY AUTHORITY: 13-A MRSA § 1303.
PURPOSE: The Secretary of State may find it necessary to update and
clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to October, 2001.
AFFECTED PARTIES: Any customer of the Division of Corporations filing
documents for business corporations.
CHAPTER 260: Rules
for Nonprofit Corporations under Title 13-B
STATUTORY AUTHORITY: 13-B MRSA § 1302-A.
PURPOSE: The Secretary of State may find it necessary to update and
clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to October, 2001.
AFFECTED PARTIES: Any customer of the Division of Corporations filing
documents for nonprofit corporations under Title 13-B.
CHAPTER 270: Rules
for Limited Partnerships under Title 31, Chapter 11
STATUTORY AUTHORITY: 31 MRSA § 413.
PURPOSE: The Secretary of State may find it necessary to update and
clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to October, 2001.
AFFECTED PARTIES: Any customer of the Division of Corporations filing
documents for limited partnerships.
CHAPTER 271: Rules
for the Disclosure of Limited Partners under Title 31, Chapter 11
STATUTORY AUTHORITY: 31 MRSA § 437, sub-§ 4.
PURPOSE: The statutory authority for this chapter has been repealed
effective 8/11/2000. The Secretary of State will repeal this chapter.
ANTICIPATED SCHEDULE: Prior to January, 2001.
AFFECTED PARTIES: All domestic limited partnerships and any customer
of the Division of Corporations requesting the disclosure of limited
partners.
CHAPTER 280: Rules
for Marks registered under Title 10, Chapter 301-A
STATUTORY AUTHORITY: 10 MRSA § 1527-A, sub-§ 1.
PURPOSE: The Secretary of State may find it necessary to update and
clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to October, 2001.
AFFECTED PARTIES: Any customer of the Division of Corporations filing
documents for a mark in the State of Maine.
CHAPTER 290: Rules
for Limited Liability Companies under Title 31, Chapter 13
STATUTORY AUTHORITY: 31 MRSA § 612.
PURPOSE: The Secretary of State may find it necessary to update and
clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to October, 2001.
AFFECTED PARTIES: Any customer of the Division of Corporations filing
documents for limited liability companies.
CHAPTER 291: Rules
for the Disclosure of Members under Title 31, Chapter 13
STATUTORY AUTHORITY: 31 MRSA § 647, sub-§ 4.
PURPOSE: The statutory authority for this chapter has been repealed
effective 8/11/2000. The Secretary of State will repeal this chapter.
ANTICIPATED SCHEDULE: Prior to January, 2001.
AFFECTED PARTIES: All domestic limited liability companies and any customer
of the Division of Corporations requesting the disclosure of members.
CHAPTER 505: Rules
for Voter list maintenance procedures under Title 21-A
STATUTORY AUTHORITY: 21-A MRSA § 161, sub-§ 2.
PURPOSE: The Secretary of State may find it necessary to update and
clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to October, 2001.
AFFECTED PARTIES: All municipalities in the State of Maine as well as
newly registered voters and registered voters who wish their names to
be removed from their respective voter registration lists.
CHAPTER 506: Rules
for the change of address confirmation card, voter registration acknowledgment
notice, and address verification notice under Title 21-A
STATUTORY AUTHORITY: 21-A MRSA § 162-A, sub-§ 3.
PURPOSE: The Secretary of State may find it necessary to update and
clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to January, 2001.
AFFECTED PARTIES: All municipalities in the State of Maine.
CHAPTER 600: Rules
governing automated telephone solicitation
STATUTORY AUTHORITY: 10 MRSA § 1498.
PURPOSE: The statutory authority for this chapter has been repealed
effective 8/11/2000. The Secretary of State will repeal this chapter.
ANTICIPATED SCHEDULE: Prior to January, 2001.
AFFECTED PARTIES: Anyone wishing to use an automated telephone calling
device in the State of Maine in order to reach prospective customers.
CHAPTER 700: Rules
Governing Eligibility and Procedures for Appointment and Renewal of
Commissions of Notaries Public
STATUTORY AUTHORITY: 5 MRSA § 82.
PURPOSE: The Secretary of State may find it necessary to update and
clarify this rule during the next year.
ANTICIPATED SCHEDULE: Prior to October, 2001.
AFFECTED PARTIES: Any person applying for a notary public commission
or renewing the commission.
CHAPTER 800: Procedures
for the Electronic Filing of Rules
STATUTORY AUTHORITY: 5 MRSA § 8056 sub-§ 8.
PURPOSE: The Secretary of State may need to amend this rule to change
and clarify the procedures for the electronic filing of rules.
ANTICIPATED SCHEDULE: Prior to October, 2001.
AFFECTED PARTIES: All rulemaking agencies.
CHAPTER - : Rules
for the sale of informational publications to notaries public
STATUTORY AUTHORITY: 5 MRSA § 82-A, sub-§ 1.
PURPOSE: The Secretary of State plans to adopt rules for the sale of
informational publications to notaries public and establish a fee schedule
for the same.
ANTICIPATED SCHEDULE: Prior to October, 2001.
AFFECTED PARTIES: All interested persons who wish to be commissioned
as notaries public and all presently commissioned notaries public.
CHAPTER - : Authority
to adopt or amend rules to specify the reportable categories or types
of and the procedures and forms for reporting and to administer 5 MRSA
§ 19
STATUTORY AUTHORITY: 5 MRSA § 19 sub-§ 5.
PURPOSE: The Secretary of State may find it necessary to adopt rules
to specify the reportable categories or types and the procedures and
forms for reporting.
ANTICIPATED SCHEDULE: Prior to October, 2001.
AFFECTED PARTIES: Major policy-influencing executive employees
CHAPTER - : Model
Rules for the Revised Uniform Commercial Code filings under Title 11,
Article 9-A
STATUTORY AUTHORITY: PL 1999 Chapter 699 § 9-1526.
PURPOSE: The Secretary of State will adopt model rules for the revised
Uniform Commercial Code relating to procedures for filing UCC liens
and requests for information.
ANTICIPATED SCHEDULE: Prior to July 1, 2001.
AFFECTED PARTIES: Any interested person wishing to file a UCC lien or
requesting information on filed UCC liens.
CHAPTER - : Rules
for Food Security Act filings under Title 5, Section 90-A
STATUTORY AUTHORITY: 5 MRSA § 90-A.
PURPOSE: The Secretary of State may find it necessary to adopt rules
for procedures for filing FSA liens and requests for information as
well as establishing a fee schedule.
ANTICIPATED SCHEDULE: Prior to October, 2001.
AFFECTED PARTIES: Any interest person wishing to file a FSA lien or
requesting information on filed FSA liens.
CHAPTER - : Rules
for the use of name search services in the Division of Corporations
STATUTORY AUTHORITY: 13-A MRSA §301, sub-§6; 13-A MRSA § 1303; 13-B
MRSA §301, sub-§5; 13-B MRSA § 1302-A; 31 MRSA § 413; 31 MRSA § 612;
31 MRSA § 812.
PURPOSE: The Secretary of State plans to adopt rules for the use of
name search service, definitions and applicable forms for requesting
name search service.
ANTICIPATED SCHEDULE: Prior to October, 2001.
AFFECTED PARTIES: Any customers of the Division of Corporations wishing
to have a corporate name checked for availability.
CHAPTER - : Rules
for determining whether or not a corporate, limited partnership, limited
liability company, limited liability partnership or mark name is deceptively
similar to another name on file
STATUTORY AUTHORITY: 10 MRSA § 1527-A, sub-§ 1; 13-A MRSA § 301, sub-§
1; 13-B MRSA § 301, sub-§ 1; 31 MRSA § 413, sub-§ 5; 31 MRSA 612, sub-§
5; and 31 MRSA § 812, sub-§ 5.
PURPOSE: The Secretary of State may find it necessary to adopt rules
to set standards to determine the similarity of a proposed named to
a name currently on file.
ANTICIPATED SCHEDULE: Prior to October, 2001.
AFFECTED PARTIES: Any customers of the Division of Corporations interested
in forming a new entity filed with the State of Maine.
CHAPTER - : Rules
for filing of documents by electronic transmission
STATUTORY AUTHORITY: 10 MRSA § 1527-A, sub-§ 1; 13-A MRSA § 106, sub-§
G; 13-B MRSA § 106, sub-§ 5; 31 MRSA § 413, sub-§ 4; 31 MRSA 612, sub-§
4; and 31 MRSA § 812, sub-§ 4.
PURPOSE: The Secretary of State may find it necessary to adopt rules
to establish procedures for electronic filing of documents with the
Division of Corporations.
ANTICIPATED SCHEDULE: Prior to October, 2001.
AFFECTED PARTIES: Any customer wishing to file documents with the Division
of Corporations.
CHAPTER - : Rules
regarding access to the Corporate and UCC database
STATUTORY AUTHORITY: 10 MRSA § 1527-C; 11 MRSA § 9-410; 13 MRSA § 904;
13-A MRSA § 1405; 13-B MRSA § 1404; 31 MRSA § 415; 31 MRSA 614; and
31 MRSA § 814.
PURPOSE: The Secretary of State will adopt rules for establishing procedures
governing access to the Corporate and UCC databases through dial-in
modem, public user workstations, and electronic duplicates of the database
as well as establishing a fee schedule.
ANTICIPATED SCHEDULE: Prior to October, 2001.
AFFECTED PARTIES: Any customer wishing to gain access to the databases
of the Division of Corporations.
CHAPTER - : Rules
for approval of voting machines and electronic tabulating systems used
by municipalities
STATUTORY AUTHORITY: 21-A MRSA § 809, sub-§ 1.
PURPOSE: The Secretary of State and the Attorney General may find it
necessary to adopt rules to establish criteria and the process for the
approval of voting machines and electronic tabulating systems as well
as standards for removing approval for machine(s) or system(s) that
do not continue to meet the approval criteria.
ANTICIPATED SCHEDULE: Prior to October, 2001.
AFFECTED PARTIES: Any municipality that may want to use new voting machines
and electronic voting systems.
CHAPTER - : Rules
for the use of voting machines and electronic tabulating systems
STATUTORY AUTHORITY: 21-A MRSA § 813 and 844.
PURPOSE: The Secretary of State plans to adopt rules relating to the
use of voting machines and electronic tabulating systems.
ANTICIPATED SCHEDULE: Prior to October, 2001.
AFFECTED PARTIES: Municipalities using voting machines and electronic
tabulating systems.
CHAPTER - : Rules
relating to initiative and people's veto questions
STATUTORY AUTHORITY: 21-A MRSA § 901, sub-§ 4.
PURPOSE: The Secretary of State may find it necessary to adopt rules
to establish guidelines for the wording of initiative and people's veto
questions as well as allowing the Secretary of State to clarify the
wording of the questions as they appear on the petitions and ballots.
ANTICIPATED SCHEDULE: Prior to October, 2001.
AFFECTED PARTIES: Anyone initiating legislation or a people's veto question,
and the voters of the State of Maine, by assuring that initiative and
people's veto questions are written in a clear and concise manner.
AGENCY UMBRELLA-UNIT-NUMBER:
29-255
AGENCY NAME: Maine State Archives
CONTACT PERSON:
Nina M. Osier, 84 State House Station, Augusta, ME 04333-0084. Tel:
207-287-5799.
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None
EXPECTED 2000-2001
RULE-MAKING ACTIVITY:
CHAPTER 10: Rules
for Disposition of Local Government Records
STATUTORY AUTHORITY: 5 MRSA ss 95-B, para. 7
PURPOSE: These rules set retention periods and provide disposition authorization
for the records of local government agencies. They will be amended to
provide retention periods and disposition authorization for records
not now covered; clarify standards for approval of alternative repositories
for local government records; clarify standards for use of commercial
records centers to store local government records; clarify media suitable
for retention of permanently valuable records; and clarify procedures
for destruction of local government records.
ANTICIPATED SCHEDULE: Spring or early summer 2001.
AFFECTED PARTIES: Municipal and County officials; school and special
district officials; general public seeking access to these records;
nonprofit organizations such as libraries and historical societies,
which may be designated as alternative repositories for local government
records; operators of commercial records centers.
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