Skip Maine state header navigation

Agencies | Online Services | Help

APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
207/624-7650
FAX 207/287-6545

April 4, 2001
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: 29-250 - Secretary of State, Bureau of Corporations, Elections & Commissions
RULE TITLE OR SUBJECT:
Ch. 271, Rules for the Disclosure of Limited Partners Under Title 31, Ch. 11
Ch. 291, Rules for the Disclosure of Members Under Title 31, Ch. 13
PROPOSED RULE NUMBER: 2001-P100
CONCISE SUMMARY: Ch. 271 and Ch. 291 are being repealed because the law supporting these rule was repealed by Public Law, 1999, c. 638.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 1999, P.L. 638; 31 MRSA, 437 and 647
PUBLIC HEARING: None Scheduled; one may be requested.
DEADLINE FOR COMMENTS: May 4, 2001
AGENCY CONTACT PERSON: Timothy Poulin
AGENCY NAME: Department of Secretary of State, Bureau of Corporations, Elections & Commissions
ADDRESS: 101 State House Station, Augusta, ME 04333
TELEPHONE:
(207) 287-3676
(207) 624-7736 (after April 17, 2001)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual - Updated List of Exempt Geographical Areas for Work Registration
PROPOSED RULE NUMBER: 2001-P101
CONCISE SUMMARY: Food Stamp applicants and recipients who live in the following municipalities will now be exempt from work registration and the three (3) month time limited eligibility rules due to unemployment rates. The unemployment rates in these municipalities have been at least twenty (20) percent higher than the national average for a recent twenty four (24) month period. The municipalities are (by county):
Androscoggin County: Leeds, Livermore, Livermore Falls, and Mechanic Falls;
Hancock County: Blue Hill, Brooklin, Brooksville, Bucksport, Castine, Dedham, Deer Isle, Frenchboro, Orland, Penobscot, Sedgwick, Stonington, Swans Island, and Verona;
Kennebec County: Albion, Benton, Clinton, Litchfield, Monmouth, Oakland, Readfield, Vassalboro, Vienna, Waterville, Winslow, and Winthrop;
Waldo County: Brooks, Burnham, Frankfort, Freedom, Isleboro, Liberty, Monroe, Palermo, Prospect, Stockton Springs, Thorndike, Troy, and Unity;
Cumberland County: Harrison;
Lincoln County: Whitefield;
Sagadahoc County: Bowdoin, and Richmond;
York County: Limerick, and Parsonsfield.
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: May 4, 2001
AGENCY CONTACT PERSON: Richard P. Morrow, Food Stamp Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-5093
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 04-061 - Department of Conservation, Land Use Regulation Commission
RULE TITLE OR SUBJECT: Madrid Township Land Use Guidance Map
PROPOSED RULE NUMBER: 2001-P102
CONCISE SUMMARY: The Town of Madrid deorganized on July 1, 2000, following the passage of enabling legislation and an affirmative vote by Madrid residents the prior year. Effective on that date, land use activities in Madrid, now Madrid Township, came under the jurisdiction of the Land Use Regulation Commission. By law, the Commission must prepare and adopt a zoning map for the community within one year of deorganization. Based on an inventory of land use and natural resources, Commission staff prepared a preliminary zoning map for Madrid. On November 15, 2000, and January 24, 2001, the Commission held public meetings in Madrid, Maine, at which the preliminary map was presented and discussed. The zoning map now presented for public hearing reflects comments and suggestions from those meetings and subsequent discussions and meetings with landowners.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 685-A, sub- 8; 30-A MRSA 7205
PUBLIC HEARING: 6:00 p.m., April 25, 2001, Rangeley Inn, Main Street, Route 4, Rangeley, Maine
DEADLINE FOR COMMENTS: Written comments may be submitted until Monday, May 7, 2001. Rebuttal comments may be submitted until Monday, May 14, 2001.
AGENCY CONTACT PERSON: Susan C. Burns
AGENCY NAME: Maine Land Use Regulation Commission
ADDRESS: 22 State House Station, Augusta, Maine 04333
TELEPHONE: 207-287-4969


AGENCY: 16-222 - Department of Public Safety
RULE TITLE OR SUBJECT: Ch. 13, Uniform Standardized Forensic Examination Kit for Gross Sexual Assault Evidence Collection
PROPOSED RULE NUMBER: 2001-P103
CONCISE SUMMARY: This rule will repeal Ch. 13, Gross Sexual Assault Standardized Evidence Collection Kit, and will define the contents of the Maine State Sex Crimes Kit to be used for forensic evidence collection in alleged cases of gross sexual assault. The rule will list the contents of the kit, include instructions for administering the kit, and will include a checklist for examiners to follow and enclose with the completed kit.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 25 MRSA 2915, sub-1
PUBLIC HEARING): None scheduled; one may be requested.
DEADLINE FOR COMMENTS: May 4, 2001
AGENCY CONTACT PERSON: Tim Kupferschmid, Director
AGENCY NAME: Maine State Police Crime Laboratory
ADDRESS: 30 Hospital St., Augusta, ME 04333
TELEPHONE: 624-7017


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT:
Ch. 34.10, Maine Groundfish Management Plan, sections:
Ch. 34.10(1)(B)(2)(a), Recreational - Minimum Fish Sizes (Summer Flounder) and
Ch. 34.10(1)(B)(4), Commercial and Recreational Effort Restrictions, Summer Flounder
PROPOSED RULE NUMBER: 2001-P104
CONCISE SUMMARY: These regulations prescribe the measures by which the Department of Marine Resources proposes to implement the requirements of the Atlantic States Marine Fisheries Commission (ASMFC) Summer Flounder Plan. In future years when the annual quota for summer flounder has been reached, the public would be informed by public notice in a newspaper of statewide circulation. Also, the summer flounder recreational fishing minimum size of 15.5 inches and 6 fish per day creel limit have been added for compliance with the ASMFC Summer Flounder Plan.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, May 4, 2001
AGENCY CONTACT PERSON: Lewis N. Flagg
MAIL WRITTEN COMMENTS: c/o Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 624-6550
TTY: (207) 287-4474 (Deaf/Hard of Hearing)


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.75, Lobster Import/Export Permit
PROPOSED RULE NUMBER: 2001-P105
CONCISE SUMMARY: The Department of Marine Resources proposes to amend the lobster import/export permit regulations. Preculling, shipping and vehicle seals and records would be replaced by Department issued preprinted "DMR" seals. The DMR seals would be numbered sequentially for improved tracking and record keeping purposes. The preculling storage area would be added and defined with control steps required to be taken during its use. Dead or diseased lobsters would be disposed of per HACCP regulations. Record keeping would be simplified and in part replaced by the use of the proposed sequentially numbered DMR seals. The regulation would also be renumbered.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6431(6), 6102 and 6171
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, May 4, 2001
AGENCY CONTACT PERSON: Col. Joe Fessenden
MAIL WRITTEN COMMENTS TO: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 624-6550
TTY: (207) 287-4474 (Deaf/Hard of Hearing)


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT:
Ch. 25.94(2)(c), Lobster Management Zones, Zone C, and
Ch. 25.94(2)(d), Lobster Management Zones, Zone D
PROPOSED RULE NUMBER: 2001-P106
CONCISE SUMMARY: The Commissioner proposes the following revised western boundary line for Zone C, and revised eastern boundary line for Zone D, to more accurately reflect historic fishing ground use in Penobscot Bay. The new line would begin at the Head of the Cape on Cape Rosier, Brooksville, then proceed due SSW to the intersection of Loran lines 12605 and 25885. The proposed boundary between Zone C and Zone D then separates and overlaps an area approximately 17 miles long and one mile wide. The boundaries would rejoin at the intersection of Loran lines 12736 and 25816, and then follow a common boundary line to Loran line 12794 and 25780. Then the boundary then separates by approximately 4 miles then continues for over 10 miles due south magnetic to the Exclusive Economic Zone.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6446
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, May 4, 2001
AGENCY CONTACT PERSON: Terry Stockwell
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9556
TTY: (207) 287-4474 (Deaf/Hard of Hearing)


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT:
Ch. 25.94(2)(b), Lobster Management Zones, Zone B, and
Ch. 25.94(2)(c) Lobster Management Zones, Zone C
PROPOSED RULE NUMBER: 2001-P107
CONCISE SUMMARY: Revisions to the western boundary for Lobster Management Zone B and the eastern boundary for Zone C are proposed. These amendments are intended to more accurately reflect historic fishing ground use in Penobscot Bay. The revised boundary would begin at the southern end of Newbury Neck, passing through several points then following the western side of the Swans Island Lobster Conservation Area boundary to the intersection of the 3-mile limit, then following a line 180 degrees magnetic south to the Exclusive Economic Zone.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6446
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, May 4, 2001
AGENCY CONTACT PERSON: Terry Stockwell
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9556
TTY: (207) 287-4474 (Deaf/Hard of Hearing)


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering
CHAPTER NUMBER AND TITLE: Ch. 228, Rules Relating to Fluoridation of Public Water Systems
ADOPTED RULE NUMBER: 2001-85
CONCISE SUMMARY: The changes to the Rules Relating to Fluoridation of Public Water Systems involve updating the entire rule format, including those requirements pertaining to the operation of such systems, monitoring, reporting, and to allow for new technologies to be incorporated easily.
EFFECTIVE DATE: March 21, 2001
AGENCY CONTACT PERSON: Stephani Morancie or Ebrahim Habib
AGENCY NAME: Division of Health Engineering
ADDRESS: State House Station 10, Augusta ME 04333
TELEPHONE: 207-287-3056 / 207-287-6471
TTY: 207-287- 2070


AGENCY: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 2, Section 213 Compensation for Partial Incapacity: Section 4, Reimbursement from the Rehabilitation Fund
ADOPTED RULE NUMBER: 2001-90
CONCISE SUMMARY: This rule provides a mechanism for employers/insurers to seek reimbursement from the Employment Rehabilitation Fund pursuant to 39-A MRSA 213(3) and (4); and for the Employment Rehabilitation Fund to evaluate such requests.
EFFECTIVE DATE: March 28, 2001
AGENCY CONTACT PERSON: John C. Rohde, General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: 207-287-7094


AGENCY: 10-144 - Department of Human Services, Bureau of Health
CHAPTER NUMBER AND TITLE: Ch. 295, Dental Services Development and Subsidy Programs
ADOPTED RULE NUMBER: 2001-91
CONCISE SUMMARY: This rule is adopted to implement the Dental Services Development and Subsidy Programs to assure access to certain necessary dental services. This rule defines requirements and conditions for participation in programs as authorized and funded by Title 22 MRSA, 2127. These programs encourage the development or expansion of community-based, nonprofit oral health care programs that serve persons who are uninsured, underinsured, or underserved for oral health care, and/or whose care is covered by Medicaid. These programs also provide subsidies for the provision of oral health care to persons whose gross income is below 200% of the nonfarm official federal poverty guidelines and who are without insurance for that care. Recipients of the funds must be community-based oral health programs meeting specified criteria.
EFFECTIVE DATE: April 2, 2001
AGENCY CONTACT PERSON: Judith Feinstein, Manager, Oral Health Program
AGENCY NAME: Bureau of Health, Division of Community & Family Health
ADDRESS: 151 Capitol St., 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-3267
TTY: (207) 287-8015 (Deaf or Hard of Hearing)


AGENCY: 94-411 - Maine State Retirement System

CHAPTER NUMBER AND TITLE: Ch. 301, Interest Calculations
ADOPTED RULE NUMBER: 2001-95
CONCISE SUMMARY: Ch. 301 is repealed in its entirety and the replacement chapter sets forth the method by which interest is to be computed for crediting to individual member accounts and for charging when members make payments or repayments for past creditable service time.

CHAPTER NUMBER AND TITLE: Ch. 406, Payment or Repayment of Contributions and Interest for the Purchase of Creditable Service
ADOPTED RULE NUMBER: 2001-97
CONCISE SUMMARY: This rule governs the requirement relating to payments made to the Maine State Retirement System by members to pay or repay contributions for back time, refunds or purchase of service credits for such time as military service or out of state service. These amendments allow for the purchase of such service through payroll deduction as an additional or alternative method of payment. The amendments also establish the level of minimum. payment required by members that are purchasing service.

CHAPTER NUMBER AND TITLE: Ch. 803, Participating Local District Consolidated Retirement Plan
ADOPTED RULE NUMBER: 2001-98
CONCISE SUMMARY: This rule governs the Consolidated Plan for Participating Local Districts. The proposed amendments deal with the provisions of optional membership for employees that are covered by an alternative plan, modify the manner by which purchases of service may be made, clarify the portability provisions between regular and special plans, modify the minimum number of years of service required to qualify for a service retirement benefit, clarify the provisions of the defined contribution/deferred compensation plans, and make other clarifications and corrections to the rule.

EFFECTIVE DATE: April 1, 2001
AGENCY CONTACT PERSON: Kathy Morin
AGENCY NAME: Maine State Retirement System
ADDRESS: 46 State House Station, Augusta, ME 04333-0046
TELEPHONE: 287-3461 or 1-800-451-9800


Return to the Online Rules Home Page.
Return to the APA Office Page.
Return to the Division of Rules, Commissions and Administration Home Page.
Return to the Bureau of Corporations, Elections and Commissions Home Page.
Return to the Department of the Secretary of State Home Page.
Go to the State of Maine Home Page