Skip Maine state header navigation

Agencies | Online Services | Help

Weekly Rulemaking Notices Contact Us Find It

February 5, 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: 90-564 - Fund Insurance Review Board
RULE TITLE OR SUBJECT: Ch. 3, Appeals Procedure
PROPOSED RULE NUMBER: 2003-P18
CONCISE SUMMARY: This rule repeals and replaces existing Ch. 3 but effectively just clarifies certain procedures in an appeal proceeding of an insurance claim-related decision of the Commissioner of the Department of Environmental Protection or the State Fire Marshal under the Underground Oil Storage Facilities and Ground Water Protection Act. The procedures clarified are when a document is "filed", the procedures governing a motion to request a complete appeal, when the Commissioner or State Fire Marshal may file a request for an extension of time in which to file an administrative record and when a decision of the Appeals Panel is final.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 568-A(3-A) and 568-B(l), enacted by P.L. 1993, c. 363, 11 and 12 (eff. 6/16/93).
PUBLIC HEARING: No public hearing will be held; one may be requested.
DEADLINE FOR COMMENTS: March 14, 2003
AGENCY CONTACT PERSON: Veronica Costa
AGENCY NAME: Fund Insurance Review Board
ADDRESS: c/o Finance Authority of Maine, P.O. Box 949, Augusta, Maine 04332
TELEPHONE: 1 (800) 228-3734


AGENCY: 18-553 - Bureau of Alcoholic Beverages & Lottery Operations
RULE TITLE OR SUBJECT: Ch. 1, Maine State Lottery: Section 12.1-A, Instant Lottery Tickets; Price
PROPOSED RULE NUMBER: 2003-P19
CONCISE SUMMARY: Section 12: 1-A, Price: The Commission shall determine the price of tickets within a range of $1 to $5. The lottery, with the approval of the Commission, may sell tickets at any selling price it establishes within the State of Maine.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 8 MRSA 374(1) Rules
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: March 7, 2003
AGENCY CONTACT PERSON: Pam Coutts, Interim Director
AGENCY NAME: Bureau of Alcoholic Beverages & Lottery Operations
ADDRESS: 8 State House Station, Augusta, ME 04333-0008
TELEPHONE: (207) 287-6762


AGENCY: 94-348 - Maine Human Rights Commission

RULE TITLE OR SUBJECT: Ch. 3, Employment Regulations of the Maine Human Rights Commission
PROPOSED RULE NUMBER: 2003-P20
CONCISE SUMMARY: The proposed rule makes the definition of "physical or mental disability" consistent with the definition in the Maine Human Rights Act.

RULE TITLE OR SUBJECT: Ch. 7, Accessibility Regulations of the Maine Human Rights Commission
PROPOSED RULE NUMBER: 2003-P21
CONCISE SUMMARY: The proposed rule makes the definition of "physical or mental disability" consistent with the definition in the Maine Human Rights Act.

RULE TITLE OR SUBJECT: Ch. 5, Public Accommodations Regulations Relating to Physical or Mental Disability Discrimination in Public Conveyances of the Maine Human Rights Commission
PROPOSED RULE NUMBER: 2003-P22
CONCISE SUMMARY: The proposed rule makes the definition of "physical or mental disability" consistent with the definition in the Maine Human Rights Act, The proposed language also changes the word "handicap" to "disability".

RULE TITLE OR SUBJECT: Ch. 8, Housing Regulations of the Maine Human Rights Commission
PROPOSED RULE NUMBER: 2003-P23
CONCISE SUMMARY: The proposed rule makes the definition of "physical or mental disability" consistent with the definition in the Maine Human Rights Act.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 4566(7)
PUBLIC HEARING: February 24, 2003, 1:30 p.m., Senator Inn & Conference Center, Embassy Room, 284 Western Ave., Augusta, ME
DEADLINE FOR COMMENTS: March 6, 2003
AGENCY CONTACT PERSON: John E. Carnes, Esq.
AGENCY NAME: Maine Human Rights Commission
ADDRESS: 51 State House Station, Augusta, ME 04333-0051
TELEPHONE: (207) 624-6050


ADOPTIONS

AGENCY: 14-118 - Department of Behavioral and Developmental Services, Office of Substance Abuse - Driver Education and Evaluation Programs
CHAPTER NUMBER AND TITLE: Ch. 2, Driver Education and Evaluation Programs Procedure Manual
ADOPTED RULE NUMBER: 2003-33
CONCISE SUMMARY: The Office of Substance Abuse, Driver Education and Evaluation Programs revisions to Ch. 2, Driver Education and Evaluation Programs Procedure Manual 1) establish/revise definitions to comply with current practices, program changes and recently enacted statute; 2) improve the community-based service provider - private provider certification process; 3) require that clinical supervisors attend mandatory DEEP training; 4) adjust fees to comply with program cost; 5) establish a "non-refundable" registration fee; 6) change the Moving Ahead and Risk Reduction Program referral criteria from a summary score to American Society of Addiction Medicine (ASAM) criteria; 7) requires that clinical substance abuse, status update and second opinion evaluations be completed by a licensed clinician, or, until July 1, 2005, a clinician registered as a Registered Alcohol and Drug Counselor (RADC) on the effective date of the regulations and providing substance abuse services within a DEEP approved agency; 8) permit the client to waive the evaluation process during or following the first session and receive treatment services from the same clinician; 9) require that private provider clinical supervision be provided by a licensed clinician; 10) require that client forms be returned to DEEP for no-shows and inactivity within an identified amount of time; 11) require that early discharge from treatment be justified; 12) edit and condense the Section - Second Opinions; 13) require "comparable" programs for military and out-of- state clients; and 14) revise language and requirements of the Completion of Treatment Guidelines to comply with new programming.
EFFECTIVE DATE: January 29, 2003
AGENCY CONTACT PERSON: Linwood.K. Oakes, Sr., Certification & Policy Specialist
AGENCY NAME: Office of Substance Abuse - DEEP
ADDRESS: Marquardt Building, AMH1 Complex, 3rd Floor, 159 State House Station, Augusta, ME 04333-0159
TELEPHONE: (207) 287-2595


AGENCY: 90-429 - Board of Water Treatment Plant Operators
CHAPTER NUMBER AND TITLE: Ch. 1, Rules Relating to the Licensure of Water Treatment and Distribution System Operators
ADOPTED RULE NUMBER: 2003-34
CONCISE SUMMARY: The changes to the State of Maine Rules Relating to the Licensure of Water Treatment and Distribution System Operators involve updating the specific rule sections to coincide with the changes mandated by the Federal Safe Drinking Water Act and the changes made to Maine Statute.
EFFECTIVE DATE: February 2, 2003
AGENCY CONTACT PERSON: Ebrahim Habib
AGENCY NAME: Division of Health Engineering
ADDRESS: State House Station 10, Augusta ME 04333
TELEPHONE: (207) 287-6471
TTY: (207) 287- 2070


AGENCY: 05-071 - Department of Education - State Board of Education
CHAPTER NUMBER AND TITLE: Ch. 61, State Board of Education - Rules for Major Capital School Construction Projects
ADOPTED RULE NUMBER: 2003-35
CONCISE SUMMARY: This proposal would repeal and replace the existing Ch. 61 which defines the conditions under which the State will subsidize school building construction projects under the Major Capital Improvement Program.
EFFECTIVE DATE: February 2, 2003
AGENCY CONTACT PERSON: Judith Malcolm, Director of Policy
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Burton Cross Office Building - 5th Floor, Augusta, ME 04333-0023
TELEPHONE:(207) 624-6845



Corporations Uniform Commercial Code Elections APA Rules Notaries Boards & Commissions
Home Archives Bureau of Motor Vehicles Corporations, Elections and Commissions What's New Secretary's Desk Kid's Page
© Department of the Secretary of State