Skip Maine state header navigation

Agencies | Online Services | Help

Weekly Rulemaking Notices Contact Us Find It

December 28, 2005
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/rules/.


PROPOSALS

AGENCY: 94-178 - Kim Wallace Adaptive Equipment Loan Program Fund Board
RULE TITLE OR SUBJECT: Ch. 501, Kim Wallace Adaptive Equipment Loan Program Fund Board, Amendment 8
PROPOSED RULE NUMBER: 2005-P348
CONCISE SUMMARY: The proposed amendment incorporates changes necessary to conform to recent statutory changes to the program as set forth in P.L. 2005, Ch. 191. Those changes affect the "alternate procedure for loan requests" set forth in Section 7-A of the rule and the Transportation Assistance Pilot Program set forth in Section 11. Primarily, the existing alternate loan procedure is repealed and replaced with a process which enables the service providers to approve certain loans based on terms and criteria to be established annually by the Board. The sunset provision applicable to transportation assistance loans is repealed. Transportation assistance loans are no longer capped at $7,000, and the formula for the maximum amount of transportation assistance loans which may be outstanding at any given time is changed.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA §364
PUBLIC HEARING: None unless requested by 5 or more interested persons
DEADLINE FOR COMMENTS: Written comments will be accepted on or before January 27, 2006.
AGENCY CONTACT PERSON:
Katryn Gabrielson, Counsel to the Board, c/o Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715
FAX: (207) 623-0095


AGENCY: 05-071 - Department of Education and State Board of Education
RULE TITLE OR SUBJECT: Ch. l14, Policy, Procedures and Standards for the Review and Approval of Educational Personnel Preparation Programs
PROPOSED RULE NUMBER: 2005-P349
CONCISE SUMMARY: This chapter contains the Educational Personnel Policy statement and the State Board of Education adopted procedures and standards for the review and approval of higher education programs which prepare professional educators.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA §8; 20-A MRSA §402(4); 405(3)F(F); §406
PUBLIC HEARING: Tuesday, January 17, 2006 from 3:00 - 4:00 p.m., Maine State Library (ATM Studio) and: Bangor High School ATM Studio, Falmouth High School ATM Studio, and Presque Isle High School ATM Studio.
DEADLINE FOR COMMENTS: Written comments may be submitted to Department of Education, Attention Harry Osgood by 5:00 p.m., Friday, January 27, 2006
AGENCY CONTACT PERSON: Harry Osgood
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6846


AGENCY: 95-629 - Dirigo Health Agency
RULE TITLE: Ch. (New), Dirigo Health Agency Manual
SUBJECT: Dirigo Health Plan
PROPOSED RULE NUMBER: 2005-P350
CONCISE SUMMARY: These rules, adopted pursuant to the Dirigo Health Act, establish criteria for receiving services under DirigoChoice. These rules also establish eligibility criteria for the financial discount program provided by Dirigo Health Agency, and describe the complaint process in place for appealing decisions made concerning financial discounts.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Public Laws 2003, Ch. 469 H.P. 1187 - L.D. 1611, An Act to Provide Affordable Health Insurance to Small Businesses and Individuals and to Control Health Care Costs
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: January 27, 2006
AGENCY CONTACT PERSON: Karynlee Harrington, Executive Director
AGENCY NAME: Dirigo Health Agency
ADDRESS: 53 State House Station, 211 Water Street, Augusta, Maine 04333-0053
TELEPHONE: (207) 287-9900
FAX: (207) 287-9922


AGENCY: 94-591 - Motor Carrier Review Board
RULE TITLE OR SUBJECT: Ch. 2, Selection and Review Process Rule: Process for Selection and Review of Motor Carriers
PROPOSED RULE NUMBER: 2005-P351
CONCISE SUMMARY: This amendment implements the recommendations of the Governor’s Task Force on Dangerous Drivers relating to motor carriers. Specifically, the amendment adds speeding in a commercial motor vehicle, and illegal possession of drugs or alcohol to the list of motor carrier violations the Board considers when reviewing a motor carrier. The amendment also expands the review period to include an 18-month review, and allows the Board to consider reviewing a carrier with three serious motor carrier violations in a twelve month period. The amendment also adds “failure to appear” violations to the violations the Board considers.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA §562
PUBLIC HEARING: Tuesday, January 17th, 2006 at 9 a.m., Bureau of Motor Vehicles, 101 Hospital Street, Augusta, ME 04351
DEADLINE FOR COMMENTS: January 31, 2006
AGENCY CONTACT PERSON: Garry Hinkley
AGENCY NAME: Maine Bureau of Motor Vehicles
ADDRESS: 29 State House Station, 101 Hospital Street, Augusta, ME 04333-0029
TELEPHONE: (207) 624-9055
E-MAIL: garry.hinkley@maine.gov


AGENCY: 05-071 - Maine Department of Education
RULE TITLE OR SUBJECT: Ch. 28, School Closure in the Unorganized Territory
PROPOSED RULE NUMBER: 2005-P352
CONCISE SUMMARY: Prior to closing a school within the unorganized territory, the commissioner of education shall hold a public hearing in the area served by the school. The public hearing shall be held not less than one year prior to the proposed date of closure.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 20-A, section 3301, subsection 8
PUBLIC HEARING: Friday, January 20, 2006, in room 500, fifth floor, Cross State Office Building, Augusta, ME 04333 from 2 to 4 p.m.
DEADLINE FOR COMMENTS: 4:00 p.m., Friday, February 3, 2006.
AGENCY CONTACT PERSON: Richard A. Moreau, Director of State Schools – EUT
AGENCY NAME: Maine Department of Education, Division of State Schools – EUT
ADDRESS: 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6892


AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 102, Rehabilitative Services
PROPOSED RULE NUMBER: 2005-P353
CONCISE SUMMARY: The Department is proposing changes to Ch. II and III Section 102, Rehabilitative Services. The major change proposed here is to permanently adopt emergency roles in place that provided a rate increase for providers. The rate increase was deemed emergent to assure continued access for members with brain injury to receive medically necessary rehabilitative services. The Department is also proposing additional changes in Ch. II that clarifies the number of persons who can attend group therapy and clarifies reporting requirements for authorized hours of service.
See http://www.maine.gov/bms/rules/gen_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173
PUBLIC HEARING:
Date: January 17, 2006
Location: Conference Room lA, Department of Health and Human Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before January 13, 2006.
DEADLINE FOR COMMENTS: Comments must be received by January 27, 2006, 11:59 p.m.
AGENCY CONTACT PERSON: Jane Connors, Comprehensive Health Planner
AGENCY NAME: Office of MaineCare Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9360
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 99-346 - Maine State Housing Authority
RULE TITLE OR SUBJECT: Ch. 32, State Low Income Home Energy Assistance Program Rule
PROPOSED RULE NUMBER: 2005-P354
CONCISE SUMMARY: The State Low Income Home Energy Assistance Program Rule is being adopted for the administration of funds from other than federal resources which MSHA may receive to provide fuel assistance to low income households in the State of Maine.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A MRSA §§ 4722.1.W, 4741.15
PUBLIC HEARING: January 17, 2006, 9:30 a.m., Maine State Housing Authority, 353 Water Street, Augusta, ME 04330. The meeting room is accessible to persons with physical disabilities and, upon sufficient notice, appropriate communication auxiliary aids and services will be provided for persons with disabilities.
DEADLINE FOR COMMENTS: January 31, 2006, 5:00 p.m.
AGENCY CONTACT PERSON: Linda Sears Uhl, Chief Counsel, Maine State Housing Authority, 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603


ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection, Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 100, Definitions; Ch. 115, Major and Minor Source Air Emission License Regulation; Ch. 140, Part 70 Air Emission License Regulations
ADOPTED RULE NUMBER: 2005-499 through 2005-501
CONCISE SUMMARY: The Board of Environmental Protection adopted amendments to Ch. 100, Definitions, Ch. 115, Major and Minor Source Air Emission License Regulations, and Ch. 140, Part 70 Air Emission License Regulations. Ten Ch. 100 definitions are modified including the VOC (volatile organic compound) definition which will exempt five compounds from all VOC control.
The changes to Ch. 115 and Ch. 140 clarify and simplify the Department rules for air emission licenses. This rulemaking moves the New Source Review (NSR) requirements from Ch. 140 to Ch. 115, making the air emission licensing process less cumbersome. Public notice requirements have been reduced. Copies of these rules are available upon request by contacting the Agency contact person listed below or on the DEP website at www.state.me.us/dep/air/regulations/proposed.htm.
EFFECTIVE DATE: December 24, 2005
AGENCY CONTACT PERSON: Carolyn Wheeler
AGENCY NAME: Bureau of Air Quality Control
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-2437


AGENCY: 99-346 - Maine State Housing Authority
CHAPTER NUMBER AND TITLE: Ch. 19, Homeless Programs Rule
ADOPTED RULE NUMBER: 2005-502
CONCISE SUMMARY: The Homeless Programs Rule sets forth the eligibility requirements and funding formula for MSHA's Homeless Programs Rule. Under the programs, MSHA provides financial assistance to shelters for homeless persons. The purpose of the proposed amendment to the Homeless Programs Rule is to eliminate the funding formula and freeze funding levels for calendar year 2006 at the calendar year 2005 levels with upward adjustments for Preble Street - Lighthouse Shelter of Portland, Maine and Oxford Street Shelter of Portland, Maine. The funding levels for all shelters may be adjusted downward if MSHA receives less than $437,570 of shelter operating funds from the State of Maine general fund in the State of Maine's fiscal year 2006 or 2007 or MSHA receives less Emergency Shelter Grant funds from HUD for federal fiscal year 2006 than it received for federal fiscal year 2005. During 2006, MSHA will assess homeless resources and the use of those resources to determine the best use of those funds for subsequent years. The amendment also provides for making minor technical and grammatical changes to the rule.
EFFECTIVE DATE: December 25, 2005
AGENCY CONTACT PERSON: Linda Sears Uhl, Esq.
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603


AGENCY: 94-434 - Maine Educational Loan Authority (MELA)
CHAPTER NUMBER AND TITLE: Ch. 1, Supplemental Education Loan Program Rules
ADOPTED RULE NUMBER: 2005-503
CONCISE SUMMARY: This rule-making amends the existing Supplemental Education Loan Program Rules to make substantial revisions to the loan consolidation guidelines, and minor revisions to the sections involving eligible students and borrowers, credit underwriting, loan amounts, finance charges, repayment terms, forbearance, and the medica1 loan program.
EFFECTIVE DATE: December 27, 2005
AGENCY CONTACT PERSON: Shirley M. Erickson, Executive Director
AGENCY NAME: Maine Educational Loan Authority
ADDRESS: One City Center, Eleventh Floor, Portland, ME 04101
TELEPHONE: (207) 791-3621


AGENCY: 10-144 - Department of Health and Human Services, Office of Maine Care Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 113, Transportation Services
ADOPTED RULE NUMBER: 2005-504
CONCISE SUMMARY: The Office of Maine Care Services is implementing changes to the MaineCare Benefits Manual (MBM), Ch. III Section 113, Transportation Services. This rule will permanently adopt the emergency rules currently in effect. The Department increased the mileage rate for family and volunteer transportation services due to increased fuel prices that resulted in difficulty accessing transportation to medically necessary services. The family vehicle mileage reimbursement rate (formerly T043, now A0090) increased from $0.15 cents per mile to $0.22 cents per mile. The volunteer vehicle mileage reimbursement rate (formerly T033, now A0080) increased from the State's set rate to $0.44 cents per mile. The Department is also replacing selected local codes with codes from the Healthcare Common Procedure Coding System (HCPCS).
Other minor edits and reorganization of Ch. III are included in this rulemaking.
See http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: January 2, 2006
AGENCY CONTACT PERSON: Janie Turner, Comprehensive Health Planner
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9367
FAX: (207) 287-9361
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 02-032 - Department of Professional and Financial Regulation, Office of Securities
NEW CHAPTERS:
CHAPTER NUMBER AND TITLE: Ch. 504, Broker-Dealer and Agent Licensing
ADOPTED RULE NUMBER: 2005-505
CONCISE SUMMARY: The Office of Securities licenses all broker-dealers and agents who offer and sell securities in Maine. This chapter outlines licensing procedures and other requirements for these broker-dealers and agents. For example, the chapter describes how broker-dealers and agents apply to be licensed and what examinations and training are required before an agent license is issued. The chapter also provides guidance on how licensees can comply with statutory requirements to reasonably supervise agents and avoid unethical or dishonest conduct. Further, the chapter sets out minimum financial requirements for those broker-dealers that are not members of NASD.
CHAPTER NUMBER AND TITLE: Ch. 511, Change of Ownership or Control of a Broker-dealer or Investment Adviser
ADOPTED RULE NUMBER: 2005-506
CONCISE SUMMARY: The Office of Securities licenses all broker-dealers that offer and sell securities in Maine. The Maine Uniform Securities Act provides that the Securities Administrator may issue a rule requiring a licensed broker-dealer to file a new license application after it has a change in its ownership or control. This chapter describes the circumstances under which a licensed broker-dealer is considered to have changed its ownership or control in a manner significant enough to require the filing of a new license application.
CHAPTER NUMBER AND TITLE: Ch. 516, Definition of Client for Purposes of Investment Adviser Licensing and Notice Filing by Federal Covered Investment Advisers
ADOPTED RULE NUMBER: 2005-507
CONCISE SUMMARY: The Office of Securities ("Office") licenses all investment advisers that transact business in Maine. The Office also requires certain persons registered under the federal Investment Advisers Act, known as "federal covered investment advisers," to file a notice with the Office before they transact business in Maine. The Maine Uniform Securities Act provides an exemption from these licensing and notice-filing requirements for investment advisers and federal covered investment advisers that have no place of business in Maine and have had, in the preceding 12 months, fewer than five clients who are Maine residents. This chapter explains how to count clients for purposes of this exemption. For example, an individual and his or her spouse are deemed to be a single client.
CHAPTER NUMBER AND TITLE: Ch. 533, Maine Issuer Notification of Exemption Form
ADOPTED RULE NUMBER: 2005-508
CONCISE SUMMARY: The Maine Uniform Securities Act (the "Act") requires that all securities offered for sale in Maine must either be registered with the Office of Securities or meet one of the statutory exemptions from registration. Section 16202(15) provides an exemption for issuers that are based in Maine and that are offering securities through a "limited private offering," as that term is described in the Act. This chapter adopts the "Notification of Exemption for Maine Issuers" as the form that Maine issuers must use to file for this exemption and provide to each person that the issuer is offering these securities in reliance on the exemption.
CHAPTER NUMBER AND TITLE: Ch. 534, Limited Private Offering Exemptions; Purchasers Present in This State and Single Issue
ADOPTED RULE NUMBER: 2005-509
CONCISE SUMMARY: The Maine Uniform Securities Act (the "Act") requires that all securities offered for sale in Maine must either be registered with the Office of Securities or meet one of the statutory exemptions from registration. Two of these exemptions, found at 32 MRSA §16202(14) and (15), apply to certain private offerings that are sold to a limited number of purchasers who are present in Maine during any 12 consecutive months. This chapter describes how to calculate the number of purchasers of one of these offerings. It also describes the factors that are used to determine whether two or more offerings will be considered one offering for purposes of these exemptions.
CHAPTER NUMBER AND TITLE: Ch. 536, Securities Manuals
ADOPTED RULE NUMBER: 2005-510
CONCISE SUMMARY: The Maine Uniform Securities Act (the "Act") requires that all securities offered for sale in Maine must either be registered with the Office of Securities or meet one of the statutory exemptions from registration. Section 16202(2) of the Act provides a registration exemption for certain securities when, among other things, specified information about the issuer of the securities is contained in a "nationally recognized securities manual" that is designated as such within a rule or order of the Securities Administrator. This chapter designates several securities manuals that issuers can use for purposes of meeting this exemption.
CHAPTER NUMBER AND TITLE: Ch. 542, Model Rescission Offer Forms
ADOPTED RULE NUMBER: 2005-511
CONCISE SUMMARY: The Maine Uniform Securities Act ("the Act") allows for private civil actions to be filed in some circumstances against those who violate the Act. Persons with the right to bring such an action lose that right if the alleged violator makes a rescission offer to them, so long as that offer contains the information required by section 16510 of the Act. That section also allows the Securities Administrator to prescribe, by rule, the form that a proper rescission offer must take. This chapter adopts two model rescission offer forms that issuers may use to offer rescission in compliance with section 16510.
REPEALED:
CHAPTER NUMBER AND TITLE: REPEAL Ch. 505, General Definitions
ADOPTED RULE NUMBER: 2005-512
CONCISE SUMMARY: The Office of Securities is repealing Ch. 505 because each term that is defined therein is being defined instead in any other rule that uses that term. This will make the definition of these terms more easily accessible to persons reading the agency's rules. Ch. 505 will therefore be unnecessary.
CHAPTER NUMBER AND TITLE: REPEAL Ch. 535, Rule Exempting Certain Exchange Listed Securities
ADOPTED RULE NUMBER: 2005-513
CONCISE SUMMARY: The Office of Securities is repealing Ch. 535 because states are now preempted under federal law from requiring registration of any securities listed or approved for listing on the exchanges named in this chapter. Given this preemption, it is unnecessary to have a rule that specifically exempts such securities from the Act's registration requirements.
AMENDED:
On December 31, 2005, a new statute, the Maine Uniform Securities Act (“the Act”), takes effect and replaces the existing state securities statute. The Act has different section numbers and in some cases uses different terminology from the existing statute. These statutory changes require that all existing rules be amended to reflect new citations and new terminology.
CHAPTER NUMBER AND TITLE: Ch. 507, Licensing Exemption for Certain Broker-Dealers
ADOPTED RULE NUMBER: 2005-514
CONCISE SUMMARY: This chapter exempts certain Canadian broker-dealers from Maine licensing and registration requirements. The proposed amendments also expand this exemption to cover the licensing of agents of such broker-dealers.
CHAPTER NUMBER AND TITLE: Ch. 510, Broker-Dealers, Investment Advisers, and Others Using the Internet for General Dissemination of Information about Securities Products and Services
ADOPTED RULE NUMBER: 2005-515
CONCISE SUMMARY: This chapter clarifies when the licensing requirements of the Act apply to persons who distribute information on securities products and services through Internet communications available to persons in Maine.
CHAPTER NUMBER AND TITLE: Ch. 515, Investment Adviser Licensing
ADOPTED RULE NUMBER: 2005-516
CONCISE SUMMARY: This chapter outlines the procedures for the licensing of investment advisers and investment adviser representatives in Maine. The proposed amendments would also change the custody provisions of the chapter to exempt investment advisers from additional record-keeping and net worth requirements if certain safeguards are met. The unethical practices provision of the rule would also be amended to specify that investment adviser representatives are also subject to that provision.
CHAPTER NUMBER AND TITLE: Ch. 525, Rule Regarding Small Company Offering Registrations
ADOPTED RULE NUMBER: 2005-517
CONCISE SUMMARY: This chapter simplifies the registration process for small companies that wish to offer and sell their securities to the public.
CHAPTER NUMBER AND TITLE: Ch. 532, Securities Offerings on the Internet
ADOPTED RULE NUMBER: 2005-518
CONCISE SUMMARY: This chapter clarifies when an offer for sale of securities on the Internet is exempt from the registration requirements of the Act.
CHAPTER NUMBER AND TITLE: Ch. 537, Exemption for Offers and Sales to Accredited Investors
ADOPTED RULE NUMBER: 2005-519
CONCISE SUMMARY: This chapter exempts from the Act's registration requirements any offers and sales of securities to accredited investors. It also exempts from the Act's licensing requirements any agents of the issuers offering those securities.
CHAPTER NUMBER AND TITLE: Ch. 538, Exemption for Offers and Sales to the Finance Authority of Maine
ADOPTED RULE NUMBER: 2005-520
CONCISE SUMMARY: This chapter exempts from the Act's registration requirements any offers and sales of securities to the Finance Authority of Maine. It also exempts from the Act's licensing requirements any agents of the issuers effecting those transactions.
CHAPTER NUMBER AND TITLE: Ch. 539, Offers and Sales of Viatical or Life Settlement Contracts
ADOPTED RULE NUMBER: 2005-521
CONCISE SUMMARY: This chapter describes the disclosure and new notice filing requirements that issuers must meet in order to avail themselves of a statutory exemption from the Act's registration requirements for offers or sales of viatical or life settlement contracts. This chapter does not exempt from the Act's licensing requirements any broker-dealers or agents who offer or sell these securities.
CHAPTER NUMBER AND TITLE: Ch. 540, Adjudicatory Proceedings Rule
ADOPTED RULE NUMBER: 2005-522
CONCISE SUMMARY: This chapter establishes procedures for the conduct of adjudicatory proceedings before the Office of Securities. The proposed amendments would also remove the provision that allows persons not authorized to practice law in Maine to represent parties in such proceedings, as that provision is in apparent conflict with other Maine law.
CHAPTER NUMBER AND TITLE: Ch. 541, Initial and Annual Renewal Fees
ADOPTED RULE NUMBER: 2005-523
CONCISE SUMMARY: The Act mandates that the Securities Administrator set licensing, renewal, and notice fees beneath statutory fee caps. This chapter currently sets the fee only for renewals of agent licenses. Given the new statutory mandate, the proposed amendments would set forth all fees for broker-dealers, agents, investment advisers and their representatives, federal covered investment advisers, and branch offices.
EFFECTIVE DATE: December 31, 2005
AGENCY CONTACT PERSON: Michael Colleran, Securities Administrator
AGENCY NAME: Office of Securities
ADDRESS: 121 State House Station, Augusta, ME 04333-0121
TELEPHONE: (207) 624-8551


AGENCY: Office of Securities, Department of Professional and Financial Regulation
CHAPTER NUMBER AND TITLE: 02-029, Ch. 129 (Bureau of Financial Institutions)
02-032, Ch. 506 (Office of Securities)
Financial Institutions and Broker-Dealers Engaging in Third Party Brokerage Transactions (JOINT RULE)
ADOPTED RULE NUMBER: 2005-524 and 525
CONCISE SUMMARY: On December 31, 2005, a new statute, the Maine Uniform Securities Act ('the Act"), takes effect and replaces the existing state securities statute. The Act has different section numbers and in some cases uses different terminology from the existing statute. These statutory changes require that all existing rules be amended to reflect new citations and new terminology. This joint rule allows financial institutions to enter into agreements with licensed broker-dealers to offer securities transactions to customers of the financial institution without requiring the financial institution to become licensed in Maine as a broker-dealer.
EFFECTIVE DATE: December 31, 2005
AGENCY CONTACT PERSON: Lloyd P. Lafountain III, Superintendent
AGENCY NAME: Bureau of Financial Institutions
ADDRESS: 36 State House Station, Augusta, ME 04333-0036
TELEPHONE: (207) 624-8570
AGENCY CONTACT PERSON: Michael Colleran, Securities Administrator
AGENCY NAME: Office of Securities
ADDRESS: 121 State House Station, Augusta, ME 04333-0121
TELEPHONE: (207) 624-8551