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APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
207/287-4184
FAX 207/287-6545

August 9, 2000
as posted in 5 daily Maine newspapers

NOTICE OF STATE RULE-MAKING

Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone 207/287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/.


PROPOSALS

AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 27.01(A), Sea Cucumber Drag Size Restrictions and Ch. 27.05, Definitions
PROPOSED RULE NUMBER: 2000-P165
CONCISE SUMMARY: The Department proposes these regulations to define the configuration of sea cucumber drags for compliance with 12 MRSA 6812, effective August 11, 2000. In compliance with 12 MRSA 6812(1), drag widths would not exceed 5 feet 6 inches, and the proposed regulations would require additional drag configurations to not exceed 22 feet in length or have a head bail constructed of greater than 1 1/2" steel stock. Smaller dimensions would be allowed. A definitions section would be added to this chapter.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6812 and 6171
PUBLIC HEARING: Monday, August 28, 2000, 6:00 p.m., Ellsworth Middle School Library, 24 Forest Avenue, (off Route 1-A), Ellsworth
DEADLINE FOR COMMENTS: Thursday, September 7, 2000
AGENCY CONTACT PERSON: Lt. Alan Talbot, c/o Laurice Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 667-3373


AGENCY: 02-029 - Department of Professional and Financial Regulation, Bureau of Banking, Securities Division
RULE TITLE OR SUBJECT: Ch. 525, Rule Regarding Small Corporate Offering Registrations
PROPOSED RULE NUMBER: 2000-P167
CONCISE SUMMARY: Chapter 525 provides a simplified registration process for small businesses that wish to offer and sell their securities to the public. The proposed amendment of Chapter 525:
(1) substitutes the newly revised Form U-7 for the existing Form U-7, and
(2) substitutes references to "companies" for references to "corporations" to reflect that the SCOR process is available to a wider range of business entities.
Many other states have already adopted similar rules or policy statements or are expected to do so in the near future. Thus, the proposed amendment will promote uniformity of regulation among the states. A copy of the proposed rule may be obtained by contacting the Securities Administrator, Maine Securities Division, 121 State House Station, Augusta, Maine 04333-0121.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 10404(5), 10405(9) and 10703.
PUBLIC HEARING: A public hearing will be held on Friday, September 1, 2000 at 10:00 a.m. at the Department of Professional and Financial Regulation, Gardiner Annex, 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: September 15, 2000
AGENCY CONTACT PERSON: Christine Bruenn, Securities Administrator
AGENCY NAME: Maine Securities Division
ADDRESS: 121 State House Station, Augusta, Maine 04333-0121
TELEPHONE: (207) 624-8551


AGENCY: 02-029 - Department of Professional and Financial Regulation, Bureau of Banking, Securities Division
RULE TITLE OR SUBJECT: Ch. (?), Broker-dealers, investment advisers and others using the Internet for general dissemination of information about securities products and services.
PROPOSED RULE NUMBER: 2000-P168
CONCISE SUMMARY: The proposed rule clarifies when distribution of information on securities products and services through Internet communications available to Maine residents constitutes the transaction of business in this state, or acting in this state, pursuant to the Revised Maine Securities Act, 32 MRSA 10301, 10303. The rule applies to those communications made on the Internet that are generally available to anyone who has access to the Internet, provided that they are not purposefully directed to Maine residents. It provides that where certain safeguards are implemented, the broker-dealer, sales representative, investment adviser or investment adviser representative will not either be transacting business or acting in this state by merely making the Internet communication available to persons in Maine. Many other states have already adopted similar rules or policy statements. Thus, enactment of this proposal will promote uniformity of regulation among the states. A copy of the proposed rule may be obtained by contacting the Securities Administrator, Maine Securities Division, 121 State House Station, Augusta, Maine 04333-0121.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 10703.
PUBLIC HEARING: A public hearing will be held on Friday, September 1, 2000 at 2:00 p.m. at the Department of Professional and Financial Regulation, Gardiner Annex, 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: September 15, 2000
AGENCY CONTACT PERSON: Christine Bruenn, Securities Administrator
AGENCY NAME: Maine Securities Division
ADDRESS: 121 State House Station, Augusta, Maine 04333-0121
TELEPHONE: (207) 624-8551


AGENCY: 02-029 - Department of Professional and Financial Regulation, Bureau of Banking, Securities Division
RULE TITLE OR SUBJECT: Ch. (?), Exemption for Offers and Sales to the Finance Authority of Maine
PROPOSED RULE NUMBER: 2000-P169
CONCISE SUMMARY: The rule is proposed at the request of the Finance Authority of Maine ("FAME") in response to the Maine Legislature's recent authorization and funding of two programs allowing FAME to make equity investments in Maine small businesses and venture capital funds. Inasmuch as Maine law requires that a number of the members of FAME have knowledge and experience in financial and investing matters, the Securities Administrator has determined that FAME does not need the investor protections afforded by the registration and licensing provisions of the Revised Maine Securities Act ("the Act"). This rule will allow an issuer to offer and sell its securities to FAME without registering the securities and without licensing the sales representatives acting on the issuer's behalf in effecting the transaction. A copy of the proposed rule may be obtained by contacting the Securities Administrator, Maine Securities Division, 121 State House Station, Augusta, Maine 04333-0121.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 10302(2)(E), 10502(3), and 10703.
PUBLIC HEARING: A public hearing will be held on Friday, September 1, 2000 at 9:00 a.m. at the Department of Professional and Financial Regulation, Gardiner Annex, 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: September 15, 2000
AGENCY CONTACT PERSON: Christine Bruenn, Securities Administrator
AGENCY NAME: Maine Securities Division
ADDRESS: 121 State House Station, Augusta, Maine 04333-0121
TELEPHONE: (207) 624-8551


AGENCY: 02-029 - Department of Professional and Financial Regulation, Bureau of Banking, Securities Division
RULE TITLE OR SUBJECT: Ch. (?), Securities Offerings on the Internet
PROPOSED RULE NUMBER: 2000-P170
CONCISE SUMMARY: The proposed rule creates a limited exemption from the registration requirements of Subchapter IV of the Revised Maine Securities Act for Internet offers of securities, where certain conditions are met. The exemption applies to those offers that are posted on the Internet by or on behalf of the issuer and that are generally available to anyone who has access to the Internet, provided that they are not purposefully directed to Maine residents. The exemption applies only to Internet offers; no sales of the securities may lawfully be effected until the securities are duly registered, unless a separate statutory exemption applies. Many other states have already provided this exemption through adoption of similar rules or policy statements. Thus, enactment of this proposal will promote uniformity of regulation among the states. A copy of the proposed rule may be obtained by contacting the Securities Administrator, Maine Securities Division, 121 State House Station, Augusta, Maine 04333-0121.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 10502(3), 10703.
PUBLIC HEARING: A public hearing will be held on Friday, September 1, 2000 at 11:00 a.m. at the Department of Professional and Financial Regulation, Gardiner Annex, 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: September 15, 2000
AGENCY CONTACT PERSON: Christine Bruenn, Securities Administrator
AGENCY NAME: Maine Securities Division
ADDRESS: 121 State House Station, Augusta, Maine 04333-0121
TELEPHONE: (207) 624-8551


AGENCY: 02-029 - Department of Professional and Financial Regulation, Bureau of Banking, Securities Division
RULE TITLE OR SUBJECT: Ch. (?), Offers and Sales of Viatical Settlement Contracts
PROPOSED RULE NUMBER: 2000-P171
CONCISE SUMMARY: The proposed rule limits the availability of the exemption from registration set forth in 32 MRSA 10502(2)(S) to those offers and sales of viatical settlement contracts in which investors are properly informed of the risks generally associated with such investments. It specifies the content of disclosure documents required to be given to offerees and buyers of viatical settlement contracts which are offered or sold pursuant to the exemption from registration. Similar requirements are currently embodied in an administrative order. The content of the proposed disclosure documents has been expanded to reflect the advent of "elder settlement" or "senior settlement" contracts. A copy of the proposed rule may be obtained by contacting the Securities Administrator, Maine Securities Division, 121 State House Station, Augusta, Maine 04333-0121.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 10502(2)(S), 10703.
PUBLIC HEARING: A public hearing will be held on Friday, September 1, 2000 at 3:00 p.m. at the Department of Professional and Financial Regulation, Gardiner Annex, 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: September 15, 2000
AGENCY CONTACT PERSON: Christine Bruenn, Securities Administrator
AGENCY NAME: Maine Securities Division
ADDRESS: 121 State House Station, Augusta, Maine 04333-0121
TELEPHONE: (207) 624-8551


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 106, Maine Drugs for the Elderly Program
ADOPTED RULE NUMBER: 2000-320
CONCISE SUMMARY: This emergency rule implements the expansion of the Drugs for the Elderly Program enacted in the last legislative session to include catastrophic and generic drug coverage. This rule has been adopted in parallel with proposed rule making which will allow providers and the public the opportunity to comment.
EFFECTIVE DATE: August 1, 2000
AGENCY CONTACT PERSON: Marianne Ringel, Director
AGENCY NAME: Division of Medicaid Policy & Programs
ADDRESS: #11 State House Station, 35 Anthony Ave., Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5516
TTY: 1-800-423-4331 or 207-287-1828 (Deaf/Hard of Hearing)


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