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Weekly Rulemaking Notices Contact Us Find It

January 8, 2003
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: 02-285 - State Board of Veterinary Medicine
RULE TITLE OR SUBJECT: Continuing Education for Veterinarians
PROPOSED RULE NUMBER: 2002-P314
CONCISE SUMMARY: The board proposes to repeal and replace Ch. 4, relating to continuing education for veterinarians, and proposes to make conforming amendments to Ch. 1 and 2 that relate to continuing education. This action would change the continuing education accumulation schedule for veterinarians from 12 contact hours annually to 24 hours biennially. The proposed amendments would also: (1) make other changes to the continuing education program, (2) make minor changes to the license application process, and (3) repeal obsolete and unnecessary rule provisions in Ch. 1 and 2.
The board also proposes to repeal Ch. 8, which establishes license fees. The reason for this action is that license fees for veterinarians are now set by the Office of Licensing and Registration and not by the board. Repeal of Ch. 8 will not change the amount of license fees charged.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 4859(l) and (3), 4861(4) and (5)(C), 4871(2); 5 MRSA 9001
PUBLIC HEARING): January 29, 2003, 11:00 a.m., Androscoggin Room, Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: February 10, 2003
AGENCY CONTACT PERSON: Geraldine L. Betts, Board Administrator
AGENCY NAME: Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8625


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #02-03
PROPOSED RULE NUMBER: 2002-P334
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING: 9:00 a.m., Tuesday, January 21, 2003 Room 319, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: January 21, 2003
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 12-170 - Department of Labor Bureau of Labor Standards
RULE TITLE OR SUBJECT: Ch. 14, Rules Relating to Severance Pay
PROPOSED RULE NUMBER: 2002-P335
CONCISE SUMMARY: Provides procedures for determining the date of termination or relocation, employee eligibility and payments.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA 625-B
PUBLIC HEARING: January 31, 2003 9:00 a.m., Bureau of Labor Standards, Hallowell Annex, Room 106, First Floor, Hallowell, ME 04347
DEADLINE FOR COMMENTS: February 10, 2003
AGENCY CONTACT PERSON: Michael V. Frett, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 624-6400


AGENCY: 10-148 - Department of Human Services, Bureau of Child and Family Services
RULE TITLE OR SUBJECT: Ch. (New), Rules for the Audio Recording of Planned Interviews of Children
PROPOSED RULE NUMBER: 2002-P336
CONCISE SUMMARY: New rules to govern planned interviews of children by caseworkers.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 4021(A)
PUBLIC HEARING:
Date: January 31, 2003
Time: 10:00 - 12:00
Location: 442 Civic Center Drive, Conference Room 4, Augusta, ME 04333
DEADLINE FOR COMMENTS: February 13, 2003
AGENCY CONTACT PERSON: Sandra Hodge
AGENCY NAME: Bureau of Child and Family Services
ADDRESS: 221 State Street, State House Station 11, Augusta, ME 04333
TELEPHONE: (207) 287-5060


AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Repeal of Emergency Rule Ch. 269, Potato Mop Top Virus
PROPOSED RULE NUMBER: 2003-1
CONCISE SUMMARY: This proposed rule repeals a quarantine on Aroostook Research Farm for Potato Mop Top Virus (PMTV). This action is being taken because the U.S. Department of Agriculture's Animal and Plant Health Inspection Service, the agency responsible for the regulation of quarantines against insect and disease pests on the federal level, has indicated it will deregulate PMTV. Since PMTV will no longer be listed as a federally regulated disease, it is no longer necessary to maintain a state quarantine on this pathogen.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2301, 2303, and 2352
PUBLIC HEARING: No hearing scheduled; one may be requested.
DEADLINE FOR COMMENTS: February 6, 2003
AGENCY CONTACT PERSON: Terry L. Bourgoin, Director
AGENCY NAME: Division of Plant Industry
ADDRESS: 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3891


ADOPTIONS

AGENCY: 02-386 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Board of Elevator and Tramway Safety
CHAPTER NUMBER AND TITLE:
Repeal and Replace Ch. 1, Definitions
New Ch. 3, Variances
New Ch. 5, Board Meetings
New Ch. 7, Advisory Rulings
New Ch. 11, National Codes Applicable to Elevators and Tramways
New Ch. 13, Elevators
New Ch. 15, Tramways
New Ch. 21, Elevator Owners' Duties and Responsibilities
New Ch. 23, Tramway Owners' Duties and Responsibilities
New Ch. 31, Licensed Private Elevator Inspectors
New Ch. 33, Unlicensed Private Tramway Inspectors
New Ch. 35, Licensed Wire Rope Inspectors
New Ch. 37, Licensed Elevator Mechanics
New Ch. 39, Licensed Lift Mechanics
New Ch. 41, Elevator Contractors
Repeal Ch. 2, Rules for All Elevators, Manlifts and Escalators
Repeal Ch. 3, Rules for New Elevator Installations
Repeal Ch. 4, Rules for Existing Elevator Installations
Repeal Ch. 5, Rules for Escalator & Moving Walks Installations
Repeal Ch. 6, Rules for Manlift Installations
Repeal Ch. 7, Tramway Rules
Repeal Ch. 8, Elevator Inspectors
Repeal Ch. 9, Tramway Inspectors
Repeal Ch. 10, Wire Rope Inspectors
Repeal Ch. 11, Elevator Mechanics
Repeal Ch. 13, General Information
Repeal Ch. 14, Complaints, Investigations and Adjudicatory Hearings
ADOPTED RULE NUMBER: 2002-480 through 2002-506
CONCISE SUMMARY: The adopted rules have been completely rewritten from the rules that are presently adopted by the Board. The adopted rules:
1. Define terms that are used in the rules adopted by the Board and terms used in Title 32, Ch. 133, but not defined by statute.
2. Prescribe procedures for the filing of a petition for a variance.
3. Establish procedures for meetings of the Board.
4. Establish requirements and guidelines for the Board's discretionary issuance of advisory rulings.
5. Adopts by reference the national safety codes and standards that apply to elevators and tramways installed in the State of Maine.
6. Establishes specific requirements for elevators and tramways in addition to those established in Title 32, Ch. 133, and the national codes adopted by reference.
7. Establishes general duties and responsibilities of owners of elevators and tramways.
8. Establishes requirements for initial and annual licensure of private elevator inspectors, private tramway inspectors, private wire rope inspectors, elevator mechanics, and lift mechanics.
9. Establishes requirements for inspections and reports of inspections of elevators and tramways and standards for audits of inspections and inspection reports.
10. Requires that those engaged in the installation, sale, service, maintenance or inspection of elevators in Maine register with the Board annually.
EFFECTIVE DATE: January 1, 2003
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 624-8605


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 331, Public Assistance Manual (TANF), Asset & Income Exclusion - Rev. #65A
ADOPTED RULE NUMBER: 2002-512
CONCISE SUMMARY: This rule excludes the following payment from TANF asset and income policy, including non-recurring lump sum policy:
A one-time cash compensation payment and accrued interest from the Baxter Compensation Authority to former students of Baxter School for the Deaf who were found to have been physically or sexually abused before January 2001.
EFFECTIVE DATE: January 1, 2003
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5089
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4.04, Moose Hunting
ADOPTED RULE NUMBER: 2002-513
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife has adopted a rule establishing the number of moose permits to be issued. For the 2003 season, permits will be issued for bulls and antlerless moose and are the same as proposed except that an additional 30 permits will be issued in WMD 17 (15 bull permits and 15 antlerless permits). In WMDs 1, 2, 3, 5, 6, 11 and 19 the season will open on Monday following the close of the bear baiting season and remain open for 6 days. In WMDs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 18, 19, 28 and 29 the season begins on the second Monday of October and remains open for 6 days.
EFFECTIVE DATE: January 5, 2003
AGENCY CONTACT PERSON: Andrea L. Erskine
AGENCY NAME: Department of Inland Fisheries & Wildlife
ADDRESS: 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Emergency Rule, Ch. III, Section 67, Principles of Reimbursement for Nursing Facilities
ADOPTED RULE NUMBER: 2002-514
CONCISE SUMMARY: This emergency rule will implement changes to MaineCare Principles of Reimbursement rules to enable publicly owned Nursing Facilities to now be eligible to be reimbursed up to the Medicare rates. This change will maximize federal reimbursement for publicly owned Nursing Facilities. Public comment on these rules will take place by the parallel rulemaking though the normal Proposed rulemaking process. This emergency rule is required to comply with the Governor's Executive Order No. 04 FY 02/03 signed December 24, 2002.
EFFECTIVE DATE: January 1, 2003 through March 31, 2003
AGENCY CONTACT PERSON: Marianne Ringel
AGENCY NAME: Bureau of Medical Services
ADDRESS: 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9368
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


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