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Weekly Rulemaking Notices Contact Us Find It

March 13, 2002
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. 10, Determination of Assessments
PROPOSED RULE NUMBER: Republication of 2001-P268
CONCISE SUMMARY: This rule, as amended and revised in consideration of comments received during the rule-making process initiated on November 7, 2001, identifies those health care providers, health insurance providers, carriers that provide only administrative services for a plan sponsor and third-party administrators required to pay annual assessments for the operational costs, which include staff salaries, administrative expenses, data system expenses, and consulting fees, of the Maine Health Data Organization. This rule also establishes the process for determining the individual assessments for each entity and the timetable for payment.
THIS RULE WILL NOT HAVE A.FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 8704, sub-4 and 8706, sub-2
PUBLIC HEARING: April 4, 2002 - 9:OO a.m., Lincoln Room, Augusta Civic Center, Augusta, Maine
DEADLINE FOR COMMENTS: April 16, 2002
AGENCY CONTACT PERSON:
NAME: Alan M. Prysunka, Executive Director
ADDRESS: Maine Health Data Organization, Gardiner Annex-Northern Avenue, 102 State House Station, Augusta, Maine 04333-0102
TELEPHONE: (207) 624-8655


AGENCY: 10-144 - Department of Human Services, Bureau of Fami1y Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual - Second Interviews, Costs of Doing Business for Households with Boarders
PROPOSED RULE NUMBER: 2002-P46
CONCISE SUMMARY: This rule allows the Department of Human Services to notify an applicant household that an initial interview was missed and that the household is responsible for rescheduling a second interview. The cost of doing. business for households with boarders is being modified. There will no longer be three options available. The options of using the Thrifty Food Plan for the number of boarders or the option of using $105 per month are being discontinued. The actual verified cost of providing room and meals will be allowed. This rule also corrects some typographical errors.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3104
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: April 12, 2002
AGENCY CONTACT PERSON: Richard Morrow, Food Stamp Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Rd., Augusta ME 04333-0011
TELEPHONE: (207) 287-5093
TTY: (207) 287-6948


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Moose Hunting
PROPOSED RULE NUMBER: 2002-P47
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife proposes to adopt the following dates for the 2002 moose hunting season: October 7 through October 12, 2002 within Wildlife Management Districts 1 through 14, 18, 19, 28 and 29. In addition, there will be an open season September 23 through September 28, 2002 within Wildlife, Management Districts 1, 2, 3, 5, 6, 11, and 19 (northern and eastern areas of the State). The existing rule establishes a framework for the season rather than the dates and will remain in effect for the 2003 season and thereafter. This rule
designates the actual dates for the 2002 season.
STATUTORY AUTHORITY: 12 MRSA 7035, 7463-A
PUBLIC HEARINGS: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: April 12, 2002
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201.


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 2, Aquaculture Lease Regulations - technical changes
PROPOSED RULE NUMBER: 2002-P48
CONCISE SUMMARY: These proposed amendments in Ch. 2 are technical corrections and updates for consistency with statutory changes (sections 10, 12, 60, 64 and 75), removal of non-substantive language (section 01) and to update the marking requirements (section 80).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6072 and 6171
PUBLIC HEARINGS:
Monday, April 1, 2002, 7:00 p.m., Ellsworth City Hall Upper Level Conference Room, One City Hall Plaza, Ellsworth;
Tuesday, April 2, 2002, 7:00 p.m., State Ferry Terminal Conference Room, Rockland;
Wednesday, April 3, 2002, 7:00 p.m., Lincoln County Communication Center Meeting Room (lower entrance behind the Courthouse), Route 1, Wiscasset;
and Friday, April 5, 2002, 7:00 p.m., The American Legion Cabin, 196 Main Street, Yarmouth;
DEADLINE FOR COMMENTS: Tuesday, April 16, 2002
AGENCY CONTACT PERSON: Andrew Fisk
MAIL WRITTEN COMMENTS c/o: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 624-6554
TTY: (207) 287-4474 (Deaf/Hard of Hearing). If you require accommodations due to disability, please contact Breena Whitcomb, at (207) 624-6567.


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT:
Ch. 2.90, Limited-purpose aquaculture (LPA) license,
Ch. 2.05, Definitions
PROPOSED RULE NUMBER: 2002-P49
CONCISE SUMMARY: The proposed regulations would establish the guidelines for the issuance of a limited-purpose aquaculture (LPA) license in accordance with 12 MRSA 6072-C, which became effective August 11, 2000. An LPA license would expire at the end of each calendar year and a single individual could obtain up to 4 licenses per year at $50.00 per license. The issuance of LPA's would be limited to licenses for the cultivation of oysters, quahogs, blue mussels, hen clams or soft shell clams. Applications would require information on the shellfish source, applicable permits for shellfish movement, site plan information showing that the total area of the site does not exceed the statutory 400 square foot limit; gear type(s); certified notification of riparians within 300 feet and a town official's signature.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6072-C
PUBLIC HEARINGS:
Monday, April 1, 2002, 6:00 p.m., Ellsworth City Hall Upper-Level Conference Room, One City Hall Plaza, Ellsworth;
Tuesday, April 2, 2002, 6:00 p.m., State Ferry Terminal Conference Room, Rockland;
Wednesday, April 3, 2002, 6:00 p.m., Lincoln County Communication Center Meeting Room (lower entrance behind the Courthouse), Route 1, Wiscasset; and
Friday, April 5, 2002, 6:00 p.m., The American Legion Cabin, 196 Main Street, Yarmouth;
DEADLINE FOR COMMENTS: Monday, April 16, 2002
AGENCY CONTACT PERSON: Andrew Fisk
MAIL WRITTEN COMMENTS: c/o Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 624-6554
TTY: (207) 287-4474 (Deaf/Hard of Hearing). If you require accommodations due to disability, please contact Breena Whitcomb, at (207) 624-6567.


AGENCY: 19-498 - Department of Economic and Community Development (DECD), Office of Community Development (OCD)
RULE TITLE OR SUBJECT: Amended Ch. 30, Statement for Administering the 2002 Maine Community Development Block Grant Program
PROPOSED RULE NUMBER: 2002-P50
CONCISE SUMMARY: This amended rule will allow DECD to allocate the federal funds in accordance with the U.S. Department of Housing and Urban Development regulations. Specifically, this amended rule will allocate $400,000 of State CDBG funds to establish a Downtown Initiative Grant Program (DIG) for the Town of Lincoln, Maine. It describes the design and method of distribution of funds of the Maine Community Development Block Grant Program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 13058, Subsection 3
PUBLIC HEARING: April 4, 2002, 1:00 p.m., DECD West Conference Room, Burton M. Cross State Office Building, 3rd Floor, 111 Sewall Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: April 16, 2002 at 4:OO p.m.
AGENCY CONTACT PERSON: Michael D. Baran, Technical Assistance Program Manager
AGENCY NAME: Department of Economic and Community Development, Office of Community Development
ADDRESS: 111 Sewall Street, 59 State House Station, Augusta, Maine 04333-0059
TELEPHONE: (207) 624-9816


ADOPTIONS

AGENCY: 05-071 - Department of Education and State Board of Education
CHAPTER NUMBER AND TITLE: Ch. 114, Policy, Procedures and Standards for the Review and Approval of Educational Personnel Preparation Programs
ADOPTED RULE NUMBER: 2002-78
CONCISE SUMMARY: This chapter contains the Educational Personnel Policy statement of the State Board of Education and the State of Board Education adopted procedures and standards for review and approval of higher education programs which prepare professional educators.
EFFECTIVE DATE: March 4, 2002
AGENCY CONTACT PERSON: Judith Malcolm
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6842


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 607, ASPIRE-TANF Program Rules
ADOPTED RULE NUMBER: 2002-79
CONCISE SUMMARY: Changes in the ASPIRE-TANF Program Rules are being re-proposed to remedy flaws in the legal adoption process when these rules were originally proposed in August, 2000 and adopted in November, 2000. No additional rules changes are being proposed which were not in the original August 2000 document. The content of the proposed rules corrects omissions/makes clarifications from prior rules changes, and increases the ASPIRE-TANF Program's ability to work efficiently and effectively with 'TANF recipients through the provision of necessary services, such as those available from community organizations on a fee-for-services basis.
EFFECTIVE DATE: March 10, 2002
AGENCY CONTACT PERSON: Stephen W. Telow, ASPIRE Program Manager, Department of Human Services, Bureau of Family Independence, State House Station #11, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-3309
TTY: (207) 287-6948


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife

CHAPTER NUMBER AND TITLE: Ch. 1 - 1.01 (Open Water Fishing Regulations)
ADOPTED RULE NUMBER: 2002-80
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules pertaining to open water fishing. This body of rules is printed in its entirety in the 2002 Open Water Fishing Regulations Booklet available from the Department as well as license agents.
EFFECTIVE DATE: March 10, 2002

CHAPTER NUMBER AND TITLE: Ch. 13.06, Waterskiing
TYPE OF RULE: Amendment of Existing Rule
ADOPTED RULE NUMBER: 2002-81
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule pertaining to waterskiing as follows: A watercraft that is equipped with a rear-view ski mirror towing a person on waterskis, surfboard or other similar devices in a regulation slalom course is exempt from the requirement that an observer, at least 12 years of age, be in the watercraft.
EFFECTIVE DATE: March 11, 2002

AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
E-MAIL: andrea.erskine@maine.gov.


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