January 14, 1998 Rule-Making Notice - State of Maine

January 14, 1998
Rule-Making Notice

as it appears 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 rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/ depts.htm.

PROPOSALS

AGENCY: 10-144, Department of Human Services, Bureau of Health
RULE TITLE OR SUBJECT: Ch. (New), Rules Governing the Implementation of Hypodermic Apparatus Exchange Programs
PROPOSED RULE NUMBER: 98-P1
CONCISE SUMMARY: This rule governs the implementation of hypodermic apparatus exchange programs aimed at decreasing infectious disease transmission. Programs planning to operate hypodermic apparatus exchange programs will be required to be certified by the Bureau of Health. The certification standards require, at a minimum, that programs demonstrate that they have procedures in place for the safe disposal of used hypodermic apparatus, the ability to track the number of hypodermic apparatus distributed and collected, and the capacity to provide education on the prevention of HIV transmission and information on drug abuse prevention, treatment and referrals.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA c. 252-A
PUBLIC HEARING: Thursday, February 5, 1998, 1:30 to 3:00 p.m., Department of Motor Vehicles, 101 Hospital St., Room 1, Augusta, ME. 04333
DEADLINE FOR COMMENTS: February 17, 1998
AGENCY CONTACT PERSON: Deborah Shields, J.D.
AGENCY NAME: IRV/STD Program, Bureau of Health, Department of Human Services
ADDRESS: State House Station #11, Augusta, ME 04333
TELEPHONE: (207) 287-3747

AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. (New), Maine Outdoor Heritage Fund
PROPOSED RULE NUMBER: 98-P2
CONCISE SUMMARY: The Maine Outdoor Heritage Fund Board is proposing to amend grant application deadlines from January 15th and August 15th of each year, to March 1st and September 1st of each year. Action will be taken on individual project proposals within three months of the submission deadlines. These amendments are being proposed to create equal time periods between grant application deadlines, and to allow the Heritage Fund staff and Board more time to review applications thoroughly. This proposal also deletes from the rule the contact names for the Qualifying Natural Resource Agencies, due to the fact that they may change at any time.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA Section 7788 (4.B.)
PUBLIC HEARING: None scheduled - one may be requested.
COMMENT DEADLINE: February 6,1998
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201.

AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources, Office of Agriculture, Natural & Rural Resources
RULE TITLE OR SUBJECT: Ch. 600, Rules Regarding Disposal of Cull Potatoes
PROPOSED RULE NUMBER: 98-P3
CONCISE SUMMARY: This Rule will make the "Emergency Rule Regarding Disposal of Cull Potatoes," adopted in 1997, a permanent rule. No substantive changes from the emergency rule are proposed. The rule does, however, include the Best Management Practice(BMP's) cited in the emergency rule instead of referencing them. The rule stipulates that cull potatoes must be disposed of according to the BMP's between June 10 and October 1 of each year to prevent the spread of disease. The Commissioner of the Department of Agriculture, Food & Rural Resources has the authority to inspect farms to ensure that proper disposal has taken place. If cull potatoes are found which have not been properly disposed of the Commissioner has the authority to dispose of them.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA § 1007-A
PUBLIC HEARING: None proposed; one may be requested.
DEADLINE FOR COMMENTS 5:00 p.m. February 20, 1998
AGENCY CONTACT PERSON: Peter N. Mosher, Director
NAME: Office of Agriculture, Natural & Rural Resources
ADDRESS: 28 State House Station Augusta, Maine. 04333
PHONE NUMBER: 207/287-1132

ADOPTIONS

AGENCY: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services (formerly Bureau of Taxation)
CHAPTER NUMBER AND TITLE: Ch. 202, Tree Growth Tax Law Valuations - 1998
ADOPTED RULE NUMBER: 98-3
CONCISE SUMMARY: This rule fulfills the requirement that the Executive Director annually establish the 100% valuations per acre for each forest type by economic region for parcels classified under the Tree Growth Tax Law. This rule is applicable for tax year 1998.
EFFECTIVE DATE: January 10, 1998
AGENCY CONTACT PERSON: Larry Record, Director Property Tax Division, #24 State House Station, Augusta, Maine 04333-0024
PHONE NUMBER: 207/287-2011

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