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January 26, 2000
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 adopted rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/ depts.htm.


PROPOSALS

AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 32.11, Elver Fishing in Camden Harbor
PROPOSED RULE NUMBER: 2000-P19
CONCISE SUMMARY: The proposed regulation would make elver fishing illegal upstream of a line drawn from the northern end of the granite pier of the Camden Town Landing across the Megunticook River to the south end of the granite wall on the north side of the Megunticook River. The proposed rule is designed to protect the elver resource in Camden Harbor. This action is recommended based on the concentration of elver harvesters in that area and the unique configuration of the Megunticook River flowing into Camden Harbor.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6575-C (7) and 6171
PUBLIC HEARING: Thursday, February 17, 2000, 7:00 p.m., Rockland Ferry Terminal Conference Room, Rockland, Maine
DEADLINE FOR COMMENTS: February 28, 2000
AGENCY CONTACT, PERSON: Gail Wippelhauser
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6349


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 11, Scallop regulations: Chapter 11.02, 11.04, 11.05, 11.10(C)(1) - Repeal, Chapter 11. 10(A) and 11.10(D) - partial repeals, and Chapter 11. 10(C)(2) - renumbered.
PROPOSED RULE NUMBER: 2000-P20
CONCISE SUMMARY: All regulations under Chapter 11 Scallops that pertained to the taking of scallops in the month of November are proposed for repeal. If enacted, this proposal would provide consistency with the statutory change under 12 M.R.S.A. 6726 that became effective September 18, 1999 which changed the season opening date to December 1, coastwide. Minor technical changes would also be made.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6171, 6726
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, February 25, 1999
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9584


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 27, Sea Cucumber Endorsement and Reporting Regulations
PROPOSED RULE NUMBER: 2000-P21
CONCISE SUMMARY: The Commissioner recommends the proposed regulations on the harvest of sea cucumbers. Department findings indicate that there is a need to limit sea cucumber harvesting to prevent over fishing of the resource. The regulations would require that all harvesters meet eligibility requirements of holding a current commercial fishing license and be able to document that no less than 250,000 pounds of sea cucumbers were landed and sold in the State of Maine between October 1, 1998 and September 30, 1999 by the individual harvester. Eligible harvesters with an endorsement would be required to provide landing and fishing activity data to the Department on a weekly basis.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6171-B
PUBLIC HEARING: Tuesday, February 15, 2000, 7 p.m., Holiday Inn, 216 High Street, Ellsworth
DEADLINE FOR COMMENTS: Friday, February 25, 2000
AGENCY CONTACT PERSON: Chris Finlayson
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6577


AGENCY:
94-348 - Maine Human Rights Commission, and
05-071 - Department of Educational and Cultural Services

RULE TITLE OR SUBJECT: Amendment to Ch. 4 (joint rule), Equal Educational Opportunity
PROPOSED RULE NUMBER: 2000-P22
CONCISE SUMMARY: This proposed amendment would eliminate the affirmative action plan requirement from the provision allowing single sex teams contained in 4.11(C)(4) and revise the language in 4.03(B).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 M.R.S.A. 4566(7) and 5 MR.S.A. 4603
PUBLIC HEARING: February 14, 2000, 1:00 p.m., Senator Inn & Conference Center, Embassy Room, 284 Western Ave., Augusta, ME
DEADLINE FOR COMMENTS: February 24, 2000
AGENCY CONTACT PERSON: John E. Carnes, Esq.
AGENCY NAME: Maine Human Rights Commission
ADDRESS: 51 State House Station, Augusta, ME 04333-0051
TELEPHONE: 207-624-6051


ADOPTIONS

AGENCY: 03-201 - Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 10, Policy and procedures Manual: Section 15.1J, Resident Disciplinary Procedures - Maine Youth Center
ADOPTED RULE NUMBER: 2000-31
CONCISE SUMMARY: The Maine Youth Center is committed to maintaining a safe and secure living and working environment for residents, staff, and visitors and to promoting responsible resident behavior. To this end, the Maine Youth Center shall have and enforce rules for residents, in order to provide residents with a clear understanding of expected behavior. Appropriate, consistent, and fairly applied disciplinary sanctions, consistent with the constitutional and statutory rights of individual residents, contribute to the rehabilitation of residents and the maintenance of the good order of the Maine Youth Center. This policy describes each of these items.
EFFECTIVE DATE: January 15, 2000
AGENCY CONTACT PERSON: Ellis King
AGENCY NAME: Department of Corrections
ADDRESS: State House Station 111, Augusta, Maine 04333-0111
TELEPHONE: (207) 287-4342


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 45, Shrimp: Chapter 45.05(l) 1999 - 2000 Shrimp Season, Chapter 45.10(A)(B)(E)&(F) Net Restrictions
ADOPTED RULE NUMBER: 2000-32
CONCISE SUMMARY: These regulations adopt, through the regular rule-making process, changes that became effective with the adoption of the emergency rules establishing the 1999 - 2000 shrimp season and updated net restrictions on December 1, 1999. The season begins January 17, 2000 and end March 15, 2000, both dates inclusive, with Sundays closed throughout the season. The season for the harvest of shrimp by drag and by trap shall be the same. Amendments to these regulations also include the optional use of the double Nordmore grate and the cod end strengthener.
EFFECTIVE DATE: January 17, 2000
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9584


AGENCY: 94-457 - Finance Authority of Maine

CHAPTER NUMBER AND TITLE: Ch. 314, Regional Economic Development Revolving Loan Program (Amendment 2)
ADOPTED RULE NUMBER: 2000-33
CONCISE SUMMARY: This rule amendment is necessary to add provisions to incorporate changes to the program mandated by P.L. 1999, ch. 40.1, Part OOO, incorporating loans for quality child care projects both through economic development organizations which have entered into contracts with the Authority and by the Authority directly, and the terms and conditions thereof.

CHAPTER NUMBER AND TITLE: Ch. 318, Wells Waste Oil Clean-up Program
ADOPTED RULE NUMBER: 2000-34
CONCISE SUMMARY: This rule establishes the procedures and standards applicable to grant and loan recipients and financial institutions participating in the Authority's statewide program for awarding grants and for making or insuring loans to finance the response costs incurred by responsible parties for the investigation, removal and remediation of waste-oil contamination at the Portland-Bangor Waste Oil Services Site in Wells.

CHAPTER NUMBER AND TITLE: Ch. 608, Tuition Waiver Program, Amendment 1
ADOPTED RULE NUMBER: 2000-35
CONCISE SUMMARY: The Rule amendment incorporated changes to the program required by P.L. 1997, ch. 160 by expanding the definition of law enforcement officer and adding spouses of firefighters and law enforcement personnel killed in the line of duty as eligible for waivers under the program. The rule amendment also incorporates changes required by P.L. 1999, ch. 505 and 216 by adding children and spouses of emergency medical services personnel killed in the line of duty and certain foster children (with additional limitations) as eligible under the program.

EFFECTIVE DATE: January 17, 2000
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)


AGENCY: 12-152 - Department of Labor, Bureau of Rehabilitation Services
CHAPTER NUMBER AND TITLE: Ch. 7, Independent Living Services Policy Manual
ADOPTED RULE NUMBER: 2000-36
CONCISE SUMMARY: The Independent Living Services (ILS) Policy Manual governs the delivery of services to assist individuals with significant disabilities overcome barriers to maintaining their residence in the community. Manual changes call for more direct consumer involvement in the IL planning process, provides for a new order of selection and one statewide waiting list, provides services after closure, and establishes a mediation procedure for resolving disagreements. The rule will provide more structure to the program and assure services will go to those most in need.
EFFECTIVE DATE: January 18, 2000
AGENCY CONTACT PERSON: Arthur P. Jacobson
AGENCY NAME: Division of Vocational Rehabilitation
ADDRESS: 150 State House Station, Augusta, ME 04333-0150
TELEPHONE: (207) 287-5136
TTY 1-800-698-4440


AGENCY: 99-346 - Maine State Housing Authority
CHAPTER NUMBER AND TITLE: Ch. 1, Home Mortgage Program Rule
ADOPTED RULE NUMBER: 2000-37
CONCISE SUMMARY: The purpose of the proposed amendment is to modify the Rule with respect to (i) private mortgage insurance, (ii) loan registration, (iii) manufactured housing, (iv) detached units, and (v) minor technical corrections.
EFFECTIVE DATE: January 18, 2000
AGENCY CONTACT PERSON: Erin Rodriguez, Esq.
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
(207) 452-4603 (TTY)


AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 297, Anti-Cramming Rule: Registration Requirements, Complaint Procedures and Penalty Provisions for Service Providers and Billing Aggregators
ADOPTED RULE NUMBER: 2000-43
CONCISE SUMMARY: This rule prohibits telephone utilities from placing charges for services on a customer's bill without first receiving the customer's authorization. The rule also establishes a registration process for billing aggregators and service providers and establishes penalty procedures for violations.
EFFECTIVE DATE: January 19, 2000
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: 287-1396


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