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January 9, 2002
as posted in 5 daily Maine newspapers
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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: h
ttp://www.maine.gov/sos/cec/rcn/apa/.
PROPOSALS
AGENCY: 65-407
- Public Utilities Commission
RULE TITLE OR SUBJECT:
Ch. 290, Standards for Billing, Credit and Collection, and Customer
Information for Eligible Telecommunications Carriers Providing Basic
Telephone Service
PROPOSED RULE NUMBER: 2002-P1
CONCISE SUMMARY: This chapter establishes consumer protections for the
provision of local exchange telephone service by eligible telecommunications
carriers in Maine. These rules govern interruptions in service, the
granting and denying of service, provision of consumer information,
credit and deposit practices, billing, disconnection, customer complaint
procedures and methods of obtaining exemptions and variations from this
chapter.
RULE TITLE OR
SUBJECT: Ch. 291, Standards for Billing, Credit and Collection,
and Customer Information for Non-Eligible Telecommunications
PROPOSED RULE NUMBER: 2002-P2
CONCISE SUMMARY: This chapter establishes consumer protections for the
provision of local exchange telephone service by non-eligible telecommunications
carriers in Maine. These rules govern interruptions in service, the
granting and denying of service, provision of consumer information,
credit and deposit practices, billing, disconnection, customer complaint
procedures and methods of obtaining exemptions and variations from this
chapter.
RULE TITLE OR SUBJECT:
Ch. 292, Standards for Billing, Credit and Collection, and Customer
Information for Interexchange Carriers
PROPOSED RULE NUMBER: 2002-P3
CONCISE SUMMARY: This chapter establishes consumer protections for the
provision of local exchange telephone service by non-eligible telecommunications
carriers in Maine. These rules govern interruptions in service, the
granting and denying of service, provision of consumer information,
credit and deposit practices, billing, disconnection, customer complaint
procedures and methods of obtaining exemptions and variations from this
chapter.
THESE RULES WILL
NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA §§ 104, 111, 704, and 705
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: February 8, 2002
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine 04333-0018
TELEPHONE: (207) 287-1396
AGENCY: 10-144
- Department of Human Services, Division of Health Engineering, Radiation
Control Program
RULE TITLE OR SUBJECT: Ch. 220, Radioactive Materials Regulations
Changes
PROPOSED RULE NUMBER: 2002-P4
CONCISE SUMMARY: The proposed revision to the current State of Maine
Regulations Relating to Radiation Protection makes the State compatible
with the Federal Nuclear Regulatory Commission and the Suggested State
Radiation Control Statutes of the Conference of Radiation Control Program
Directors.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §674
PUBLIC HEARING: January 28, 2002, 9:00 a.m. - 12:00 p.m., Department
of Human Services Offices, 219 Capitol Street, Large Conference Room,
Augusta, Maine.
DEADLINE FOR COMMENTS: By COB February 8, 2002
AGENCY CONTACT PERSON:
NAME: Jay C. Hyland, P.E., Radiation Control Program
ADDRESS: 10 State House Station, Augusta, Maine 04333-0010
PHONE: (207) 287-5676
E-MAIL: jay.hyland@maine.gov
AGENCY: 12-170
- Department of Labor, Bureau of Labor Standards
RULE TITLE OR SUBJECT: Ch. 6, Rules Relating to Recording Occupational
Injuries and Illnesses in the Public Sector
PROPOSED RULE NUMBER: 2002-P5
CONCISE SUMMARY: Establishes rules for the recording of occupational
injuries and illnesses by public sector employers. These rules closely
conform to the standards set by the U.S. Department of Labor, which
apply to private sector employers, by using the Federal forms and general
procedures.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA §565
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: February 8, 2002
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: 04-061
- Department of Conservation, Land Use Regulation Commission
RULE TITLE OR SUBJECT: Ch. 10, Land Use Districts and Standards
PROPOSED RULE NUMBER: 2002-P6
CONCISE SUMMARY: Most of these proposed rule changes incorporate changes
to the Commission's enabling statute at 12 MRSA §681 - 689. These changes
include changes in certain definitions, subdivision exemptions, and
variance provisions. In addition to these statutory changes, the Commission
is proposing changes to the definition of "expansion of a structure"
and companion changes in Section 10. 11, Nonconforming Uses and Structures.
These latter changes are prompted by the difficulty staff is currently
having with enclosure of decks or porches for nonconforming structures.
Essentially a strict reading of the current rule results in double counting
the floor space of decks and porches when they are proposed for enclosure.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §685-A, sub-§7-A
PUBLIC HEARING: No public hearing has been scheduled; one may be requested.
DEADLINE FOR COMMENTS: February 22, 2002
AGENCY CONTACT PERSON: Frederick W. Todd
AGENCY NAME: Land Use Regulation Commission
ADDRESS: Department of Conservation, State House Station #22, Augusta,
Maine 04333
TELEPHONE: (207) 287-4932
AGENCY: 12-179
- Department of Labor, Bureau of Labor Standards, Board of Occupational
Safety and Health
RULE TITLE OR SUBJECT: Ch. 7, Safety and Health Standards for
Students in Public Educational Facilities (a major substantive rule)
PROPOSED RULE NUMMER: 2002-P7
CONCISE SUMMARY: Provides definitions and adopts by reference sections
of the Occupational Safety and Health Administration (OSHA) regulations
relevant to public school students.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: P.L. 2001 c.397
PUBLIC HEARING: January 28, 2002, 9:00 a.m., Bureau of Labor Standards,
Hallowell Annex, 3rd Floor Conference Room #306, Hallowell, ME 04347
DEADLINE FOR COMMENTS: February 7, 2002
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
ADOPTIONS
AGENCY: 02-380
- Maine State Board of Nursing
CHAPTER NUMBER AND TITLE: Ch. 5, Regulations Relating to Training
Programs and Delegation by Registered Professional Nurses of Selected
Nursing Tasks to Certified Nursing Assistants
ADOPTED RULE NUMBER: 2001-542
CONCISE SUMMARY: The proposed amendment will allow home health aides,
when delegated by a licensed nurse, to assist in administration of medications
in certain home health care situations.
EFFECTIVE DATE: January 1, 2002
AGENCY CONTACT PERSON: Virginia E. DeLorimier
AGENCY NAME: Maine State Board of Nursing
ADDRESS: 24 Stone Street 158 State House Station, Augusta, ME 04333-0158
TELEPHONE: (207) 287-1133
AGENCY: 09-137
- Department of Inland Fisheries and Wildlife
CHAPTER NUMBER AND TITLE: Ch. 1, Open Water Fishing Regulations
ADOPTED RULE NUMBER: 2001-543
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has
adopted rules pertaining to the open water season as follows: ANDROSCOGGIN
COUNTY: Androscoggin River -- ADD TO THE END OF THE EXISTING
REGULATION: From the Rt. 108 bridge in Rumford downstream to the Ridlonville
Bridge in Mexico: Open to open water fishing from December 1 - March
31: Daily bag limit on trout: 2 fish; minimum length limit on salmon,
rainbow trout and brown trout: 12 inches; daily bag limit on bass: 1
fish between 12 and 15 inches. KNOX COUNTY: REPLACE CURRENT REGULATION
WITH THE FOLLOWING: St. George River, from St. George Lake, Liberty,
downriver to the head of tide in Warren: Open to open water fishing
from January 1 - December 31; total daily bag limit on salmon, trout
and togue: 1 fish; S-21. These rules will be printed, along with
all other regulations, in the 2002 Open Water Fishing Regulations Booklet
which will be available from the Department as well as license agents
in March of 2002.
EFFECTIVE DATE: January 1, 2002
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries
and Wildlife, 41 State House Station, Augusta, ME 04333-0041
© Department
of the Secretary of State
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