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February 19, 2003
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: http://www.maine.gov/sos/cec/rcn/apa/.
PROPOSALS
AGENCY:
10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, MaineCare Eligibility Manual
- 2003 Federal Poverty Levels
PROPOSED RULE NUMBER: 2003-P29
CONCISE SUMMARY: This rule puts into effect the 2003 Federal Poverty
Level (FPL). The FPL's are updated each year by the Federal Department
of Health and Human Services. The FPL serves as the income limit for
various MaineCare covered groups including children and their parents,
elderly and disabled individuals and pregnant women,
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §3173
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: March 27,2003
AGENCY CONTACT PERSON: Barbara Feltes, MaineCare Program Manager
AGENCY NAME: Department of Human Services
ADDRESS: Bureau of Family Independence, 11 State House Station, Whitten
Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)
ADOPTIONS
AGENCY:
01-001 - Department of Agriculture, Food and Rural Resources; Division
of Plant Industry
CHAPTER TITLE OR SUBJECT: Ch. 269, Repeal of Emergency Rule:
Potato Mop Top Virus
ADOPTED RULE NUMBER: 2003-41
CONCISE SUMMARY: This chapter repeals a quarantine on Aroostook Research
Farm for Potato Mop Top Virus (PMTV). This action is being taken because
the U.S. Department of Agriculture's Animal and Plant Health Inspection
Service, the agency responsible for the regulation of quarantines against
insect and disease pests on the federal level, has indicated it will
deregulate PMTV. Since PMTV will no longer be listed as a federally
regulated disease, it is no longer necessary to maintain a state quarantine
on this disease.
EFFECTIVE DATE: February 16, 2003
AGENCY CONTACT PERSON: Terry L. Bourgoin, Director
AGENCY NAME: Department of Agriculture, Food and Rural Resources, Division
of Plant Industry
ADDRESS: 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3891
AGENCY:
13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 2, Aquaculture Lease Regulations,
Sections:
Ch. 2.10, Application Requirements
Ch. 2.15, Notice of Lease Application and Hearing
Ch. 2.37, Decision
Ch. 2.40, Lease Issuance
Ch. 2.64, Experimental Aquaculture Lease, and
Ch. 2.75, Minimum Lease Maintenance Standards
ADOPTED RULE NUMBER: 2003-43
CONCISE SUMMARY: The adopted amendments make changes to the lease application
requirements for standard and limited-purpose leases; mandate a Department
site review for limited-purpose lease applications; add a pre-application
meeting with the Department for standard applicants; add the option
for the Department to hold a public scoping session for any lease application;
clarify the navigation and source sections in the decision standards;
repeals the option to waive the 2,000 foot separation between new finfish
type leases; prorate and limited consolidation on the bonding requirement
for standard and limited-purpose leases with structures greater or less
than 400 feet square area; bonds for finfish type lease would increase
to $25K; and additional language on all leaseholder's obligations for
minimum maintenance standards. The proposed regulations are in part
based on the recommended changes in the January 2002 report to the Maine
Legislature's Marine Resources Committee, Review of aquaculture leasing
in Maine; and a citizen-initiated petition for rulemaking considered
by the Department in May 2002,
EFFECTIVE DATE: February 17, 2003
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04576-0008
WEB SITE: www.Maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9584
© Department
of the Secretary of State
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