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January 22, 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: 90-590 - Maine Health Data Organization

RULE TITLE AND NUMBER: Ch. 120, Release of Information to the Public
PROPOSED RULE NUMBER: 2003-P5
CONCISE SUMMARY: This chapter provides for the manner and extent to which information submitted to or assembled by the MHDO or its predecessor agencies is made accessible to the public. The purpose of amending this chapter is to bring the language of the rule into conformity with PL 2001, Ch. 457, to define the scope of the exceptions to the Freedom of Access Law, to clarify the definitions as to what constitutes confidential data, and to provide for the opportunity for data providers and members of the public to review and comment on the release of data by the MHDO.
STATUTORY AUTHORITY: 22 MRSA 8704, sub- 4 and 8707

RULE TITLE OR SUBJECT: Ch. 125, Health Care Information that Directly Identifies an Individual
PROPOSED RULE NUMBER: 2003-P6
CONCISE SUMMARY: This rule defines health care information that directly identifies an individual and is being amended to include an additional data element listed under 164.514 of the HIPAA privacy regulations.
STATUTORY AUTHORITY: 22 MRSA 1711-C, sub- l(E)

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: February 13, 2003 - 9:00 a.m., Board Room, Senator Inn, 284 Western Avenue, Augusta, ME.
DEADLINE FOR COMMENTS: February 24, 2003
AGENCY CONTACT PERSON: Alan M. Prysunka, Director
ADDRESS: Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, Maine 04333-0035
TELEPHONE: (207) 287-6722


AGENCY: Department of Behavioral and Developmental Services
RULE TITLE OR SUBJECT: Regulations Governing Emergency Interventions and Behavioral Treatment for People with Mental Retardation and/or Autism
PROPOSED RULE NUMBER: 2003-P7
CONCISE SUMMARY: These regulations implement Maine Law regarding the Rights of Maine Citizens with Mental Retardation or Autism. They are intended to govern the use of emergency interventions and behavioral treatment to maximize the safety, well being, independence, and inclusion of Maine citizens with mental retardation or autism.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-B MRSA 1203(4), 5601 et seq.
PUBLIC HEARING: February 10, 2003, 1 - 4 p.m., Room 1A, Marquardt Building, East Campus, Augusta, ME. Room is handicap accessible; persons requiring accommodations must notify agency contact person no later than noon, Friday February 7, 2003.
DEADLINE FOR COMMENTS: February 20, 2003
AGENCY CONTACT PERSON: Nancy Christensen
AGENCY NAME: Department of Behavioral and Developmental Services
ADDRESS: 40 State House Station, Augusta ME 04333
TELEPHONE: (207) 287-7368 (V)
TTY: (207) 287-2000


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 8, Endangered Species
PROPOSED RULE NUMBER: 2003-P8
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has proposed (1) 45 additional designations of areas as Essential Habitat for bald eagle nest sites; (2) 16 deletions of previously designated Essential Habitats for bald eagles; (3) 1 relocation of a previously designated Essential Habitat for bald eagles; and (4) repeal and replacement of Essential Habitat maps with effective dates prior to May 31, 2002 in order to adopt a uniform set of maps.
One or more new bald eagle nest sites are being designated in the towns of Addison, Argyle Twp., Baring Plantation, Bath, Bowdoinham, Brunswick, Camden, Caratunk, Carrying Place Twp., Deer Isle, Dresden, Drew Plantation, East Machias, Eastbrook, Eastport, Ellsworth, Enfield, Freeport, Georgetown, Harrington, Hodgdon, Hudson, Islesboro, Jonesport, Livermore, Livermore Falls, Mattamiscontis Twp., Meddybemps, Medway, Milford, Pembroke, Perry, Richmond, Sorrento, Stockton Springs, Stonington, Swans Island, T1 R9 WELS, T3 R1 NBPP, T3 R12 WELS, T7 R9 WELS, T7 R12 WELS, T7 R13 WELS, T11 R8 WELS, T13 R16 WELS, T19 ED BPP, Trescott Twp., West Bath, Willimantic, Winter Harbor, Woolwich, and Yarmouth.
One or more previously designated Essential Habitats for bald eagles are being deleted in the towns of Beaver Cove, Cranberry Isles, Cutler, Dennysville, Edmunds Twp., Indian Twp., Isle au Haut, Jonesport, Leeds, Machiasport, Mattawamkeag, Muscle Ridge Islands, Pembroke, Roque Bluffs, Swans Island, T26 ED BPP, T27 ED BPP, and Woodville.
One previously designated Essential Habitat for bald eagles is being remapped in the towns of Lubec and Trescott Twp.
Designation of mapped sites by rule would require evaluation by Inland Fisheries and Wildlife of any projects partly or wholly within these areas that require state or local permits, or are funded by or carried out by state or local governments, to determine if the projects would significantly alter or unreasonably harm the Essential habitat. Notification and maps of proposed areas have been sent to all known affected landowners.
The repeal and replace proposal enables adoption of a uniform map set for all Essential Habitats. All maps with an effective date prior to May 31, 2002 are repealed upon adoption of this proposal. Only maps with an effective date on or after May 31, 2002 are valid.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 7035, 7753, 7754.
PUBLIC HEARINGS: none scheduled - one may be requested.
DEADLINE FOR COMMENTS: February 21, 2003
AGENCY CONTACT PERSON: Written comments should be directed to Andrea Erskine, Maine Department of Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041, or by e-mail to andrea.erskine@maine.gov or by FAX to (207) 287-6395.


AGENCY: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Private School Requirements and Approval Standards
PROPOSED RULE NUMBER: 2003-P9
CONCISE SUMMARY: This rule clarifies the requirements for the different types of private schools located in Maine and for private schools outside of Maine that educate Maine students at public expense. The rule provides consistent language to describe the types of private schools. It specifies the procedures for securing annual approval status and for losing approval status.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA 2907, 2954, and 6653
PUBLIC HEARING: Wednesday, February 12, 2003, 2 to 4 p.m., Room 103, Burton Cross State Office Building. Note: individuals can participate in the hearing simultaneously using the Department's Distance Learning Network from the following locations:
Thornton Academy, ATM Room
Foxcroft Academy, ATM Room
DEADLINE FOR COMMENTS: Written comments must be received in the Department of Education by 5 p.m., Wednesday February 26, 2003. This can be accomplished by:
Delivering them to the receptionist on the 5th floor of the Burton Cross State Office Building
Mailing them to Dr. Edwin Kastuck, 23 State House Station, Augusta, ME 04333-0023
Faxing them to Dr. Edwin Kastuck, (207) 624-6601
E-mailing them to edwin.kastuck@maine.gov
AGENCY CONTACT PERSON: Dr. Edwin Kastuck
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station
Augusta, ME 04333-0023
TELEPHONE: (207) 624-6776


AGENCY: 10-144 - Department of Human Services, Bureau of Health
RULE TITLE OR SUBJECT: Rules Relating to Smoking in Public Places
PROPOSED RULE NUMBER: 2003-P10
CONCISE SUMMARY: These rules clarify the requirements for complying with the law regarding smoking in public places.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3, 42(l), 1541-1545
PUBLIC HEARING:
DATE: February 12, 2003
TIME: 1:30 p.m.
LOCATION: Augusta Room, Augusta Civic Center, Community Drive, Augusta, ME 04330.
Any interested party requiring special arrangements to participate in the hearing must contact the agency person listed below before January 29, 2003.
DEADLINE FOR COMMENTS: February 26, 2003
AGENCY CONTACT PERSON: Natalie Jackson
AGENCY NAME: Partnership for a Tobacco-Free Maine, Bureau of Health, Dept. of Human Services
ADDRESS: Key Plaza, 4th floor, 11 State House Station, Augusta, ME 04333
TELEPHONE: (207)-287-4627
FAX: (207) 287-4636
TTY: (207) 287-8015


AGENCY: 16-163 - Emergency Medical Services (EMS)
RULE TITLE OR SUBJECT: Ch. 451, Maine Emergency Medical Services Systems Rules
PROPOSED RULE NUMBER: 2003-P11
CONCISE SUMMARY: The Maine Board of EMS is proposing to adopt or amend rules regarding:
* Definitions, licensing requirements, minimum equipment requirements, and scopes of practice for EMS services and individual EMS providers to ensure consistency with Maine EMS law and Maine EMS protocol.
* Air ambulance services and restricted air ambulance services.
* Service level quality assurance and quality improvement.
* The licensing of EMS providers, including elimination of the requirement that EMS providers have sponsorship of a licensed EMS service in order to obtain an individual license and elimination of the requirement for separate cardiopulmonary resuscitation certification in order to maintain a valid EMS license.
* Education and testing requirements for EMS licensees, approval standards for EMS licensing courses, continuing education for EMS providers, and instructor certification.
* Sexual misconduct by EMS providers.
* Disciplinary actions and standards.
Copies of the proposed rules and summary document may be viewed or downloaded from the Maine EMS website at http://www.maine.gov/dps/ems
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA, Ch. 2-B, 81.1 et seq.
PUBLIC HEARINGS:
* Monday, February 10, 2003 - Central Maine Medical Center, Conference Room C, Lewiston, Maine at 6:30 p.m.
* Monday, February 10, 2003 - Franklin Memorial Hospital Board Room, Farmington, Maine at 6:30 p.m. (via videoconference with Lewiston)
* Monday, February 10, 2003 - Rumford Community Hospital, Conference Room A, Rumford, Maine at 6:30 p.m. (via videoconference with Lewiston)
* Monday February 10, 2003 - Stephens Memorial Hospital, Administrative Conference Room, Norway, Maine at 6:30 p.m. (via videoconference with Lewiston)
* Tuesday, February 11, 2003 - Eastern Maine Medical Center, Mason Auditorium, Bangor, Maine at 6:30 p.m.
* Tuesday, February 11, 2003 - Millinocket Hospital, Single Purpose Room, Millinocket, Maine at 6:30 p.m. (via videoconference with Bangor)
* Tuesday, February 11, 2003 - Southern Maine Technical College, Jewett Auditorium, South Portland, Maine at 6:30 p.m.
* Wednesday, February 12, 2003 - Maine Emergency Medical Services, Conference Room, 16 Edison Drive, Augusta, Maine at 6:30 p.m.
* Wednesday, February 12, 2003 - Lubec Medical Center, Conference Room, Lubec, Maine at 6:30 p.m. (via videoconference with Augusta)
* Wednesday, February 12, 2003 - Cary Medical Center, Caribou Room, Caribou, Maine at 6:30 p.m. (via videoconference with Augusta)
* Thursday, February 13, 2003 - Town of Union Municipal Building, Rte 17 & 131, Union, Maine at 6:30 p.m.
DEADLINE FOR COMMENTS: February 23, 2003
AGENCY CONTACT PERSON: Drexell White
AGENCY NAME/ADDRESS: Maine Emergency Medical Services, 16 Edison Drive, Augusta, ME 04330
TELEPHONE: (207) 287-3953
FAX: (207) 287-6251


AGENCY: 02-380 - State Board of Nursing
RULE TITLE OR SUBJECT: Ch. 5, Regulations Relating to Training Programs and Delegation by Registered Professional Nurses of Selected Nursing Tasks to Certified Nursing Assistants
PROPOSED RULE NUMBER: 2003-P12
CONCISE SUMMARY: The proposed amendment will allow a mechanism to bridge the gap between a 100 hour nursing assistant course and the
required 150 hour nursing assistant course.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 2102.2, 2153-A.
PUBLIC HEARING: February 13, 2003 at 11:00 a.m., Maine State Board of Nursing, 24 Stone Street, Augusta, Maine
DEADLINE FOR COMMENTS: February 23, 2003
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


ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection

CHAPTER NUMBER AND TITLE: Ch. 102, Open Burning
ADOPTED RULE NUMBER: 2003-P12
CONCISE SUMMARY: The adopted amendments incorporate changes enacted by the 2nd session of the 120th Legislature. These changes explicitly prohibit all out-of-door burning of waste except for wood waste as defined in the statute.

CHAPTER NUMBER AND TITLE: Ch. 125, Perchloroethylene Dry Cleaners
ADOPTED RULE NUMBER: 2003-13
CONCISE SUMMARY: The adopted amendments combine the applicability categories of "small area source" and "large area source" into a single category, "area source." In addition, the amendments remove language that refers to obsolete technology and correct erroneous references within the rule. These changes will streamline the rule and facilitate compliance by the regulated community.

EFFECTIVE DATE: January 14, 2003
AGENCY CONTACT PERSON: Andrea Lani
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-2437


AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 425, Asbestos Management Regulations
ADOPTED RULE NUMBER: 2003-14
CONCISE SUMMARY: This rule revises existing standards for proper asbestos management in Maine. The rule replaces the current Ch. 425 asbestos rule. The new rule revises standards for notification of asbestos projects, training and certification of individuals engaged in asbestos activities, licensing of companies engaged in asbestos removal, analysis, consulting and training, and work practices requirements. The new rule also clarifies certain requirements of the rule.
EFFECTIVE DATE: January 14, 2003
AGENCY CONTACT PERSON: Ed Antz
AGENCY NAME: Maine Department of Environmental Protection
ADDRESS: #17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-2651


AGENCY: Department of Professional & Financial Regulation:
02-029 - Bureau of Financial Institutions
02-032 - Office of Securities
CHAPTER NUMBER AND TITLE: 02-029 CMR Ch. 129 and 02-032 CMR Ch. 506, Financial Institutions and Broker-Dealers Engaging in Third Party Brokerage Arrangements
ADOPTED RULE NUMBER: 2003-15 and 2003-16
CONCISE SUMMARY: Both state and federal law have recently been amended to permit financial institutions to enter into third party brokerage arrangements for the sale of securities. This regulation repeals and replaces both the Bureau of Financial Institution's Regulation 29 (Ch. 129) and the Office of Securities Rule Ch. 506. This joint rule gives guidance to state and federally chartered banks and credit union doing business in Maine to qualify for the third party broker-dealer exemption from the definition of broker-dealer under the Maine Revised Securities Act (Title 32 MRSA). It also establishes the requirements for broker-dealers that wish to enter into third party brokerage arrangements with financial institutions for the sale of securities in Maine.
EFFECTIVE DATE: January 18, 2003
AGENCY CONTACT PERSONS:
Robert Studley, Principal Examiner, Bureau of Financial Institutions, 36 State House Station, Augusta, Maine 04333-0036. Phone (207)624-8573
Christine Bruenn, Securities Administrator, Office of Securities, 121 State House Station, Augusta, Maine 04333-0121. Phone (207)624-8555


AGENCY: Department of Professional and Financial Regulation:
02-041 - Office of Licensing and Registration
02-386 - Board of Elevator and Tramway Safety
CHAPTER NUMBER AND TITLE:
Office of Licensing and Registration, Ch. 10: Establishment of License Fees
Board of Elevator & Tramway Safety, Ch. 15: Fees (Repealed)
ADOPTED RULE NUMBER: 2003-17 and 2003-18
CONCISE SUMMARY: This rule amendment adjusts fees for 4 of the 40 licensing boards and regulatory functions administered by the Office of Licensing and Registration ("OLR"). The affected programs are:
Board of Boilers and Pressure Vessels
Board of Elevator and Tramway Safety
Board of Licensure for Professional Land Surveyors
Oil and Solid Fuel Board
For the Board of Boilers and Pressure Vessels, the rule amendment standardizes the cost for a boiler or pressure vessel inspection and adds a penalty for owners of boilers and pressure vessels that do not get their boiler or pressure vessel inspected within 60 days of expiration and for owners that do not pay for the cost of their inspection certificate within 60 days of receipt of an invoice. For the Board of Elevator and Tramway Safety, the rule amendment changes the term of a license from three years to one year and adds a late inspection certificate fee for owners of elevators that do not get their elevator inspected when due, adds a license fee for elevator contractors and increases the initial elevator and tramway inspection fee. Since the Board of Elevator and Tramway Safety's fees are included in this chapter, it is necessary to repeal Ch. 15, Fees, of the Board's rules. For the Board of Licensure for Professional Land Surveyors, the rule amendment increases the license fee to the statutory cap for professional land surveyors and land surveyors-in-training and sets one examination fee for the professional land surveyor examination. For the Oil and Solid Fuel Board, the rule amendment adds a license fee for a limited tank installer and changes the fee structure for late renewal of master and journeyman oil technicians.
EFFECTIVE DATE: January 15, 2003
AGENCY CONTACT PERSON:
NAME: Anne L. Head, Director Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 624-8633


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 45.05(l)(A)(2), Shrimp Season, 2002 - 2003
ADOPTED RULE NUMBER: 2003-26
CONCISE SUMMARY: These adopted regulations establish through the regular rule-making process, changes that become effective with the adoption of the emergency rules establishing the 2002 - 2003 shrimp season. The season will take place from January 15, 2003 to February 27, 2003 inclusive, with Fridays closed. The season for the harvest of shrimp by drag and by trap would be the same dates.
EFFECTIVE DATE: January 21, 2003
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584



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