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Weekly Rulemaking Notices Contact Us Find It

April 10, 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: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 322, Metering, Billing, Collections, and Enrollment Interactions Among Transmission and Distribution Utilities and Competitive Electricity Providers
PROPOSED RULE NUMBER: 2002-P71
CONCISE SUMMARY: This rule establishes terms and standards governing metering, billing and collections by transmission and distribution utilities and by competitive electricity providers operating in Maine. The Chapter also establishes procedures governing customer enrollment for generation service, transfers, among generation service providers, and termination of generation service.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA 104, 111, 1301, 3202(l) and (2), 3203(9), and (14), and (6-A)
PUBLIC HEARING: May 1, 2002, at 10:00 a.m., Public Utilities Commission, 242 State Street, Augusta, Maine
DEADLINE FOR COMMENTS: May 13, 2002
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine 04333-0018
TELEPHONE: (207) 287-1396


AGENCY: 01-017 - Maine State Harness Racing Commission

RULE TITLE OR. SUBJECT: Ch. 1, Administration, Sect. 21, Breath Analyzer Test
PROPOSED NUMBER: 2002-P72
CONCISE SLMNARY The proposed language puts in rule the protocol that the Commission staff has been adhering to. It specifies the time limit between tests in the event a test reading exceeds the allowable limit.

RULE TITLE OR. SUBJECT: Ch. 1, Sect. 22, Drug Testing of Licensees: subsection 2, Drug use prohibited.
PROPOSED RULE NUMBER: 2002-P73
CONCISE SUMMARY: The proposed rule allows an exception for the presence of alcohol in the system which is covered in Ch. 1, Sect. 21.

RULE TITLE OR. SUBJECT: Ch. 3, Sect. 1, Officials
PROPOSED RULE NUMBER: 2002-P74
CONCISE SUMMARY: The proposed rule change allows the Commission to be in concert with the existing statute, 8 MRSA Sect. 264.

RULE TITLE OR SUBJECT: Ch. 3, Sect. 5, subsection 3: Presiding Judges and Associate Judges
PROPOSED RULE NUMBER: 2002-P75
CONCISE SUMMARY: This proposed rule corrects a duplication of number 3.

RULE TITLE OR. SUBJECT: Ch. 7, Sect. 6, Meeting Race Meet Standards and Maintaining Eligibility
PROPOSED NUMBER: 2002-P76
CONCISE SUMMARY: This proposed rule changes the requirement for having to go a qualifying mile as it relates to being distanced in a race. Additionally, it sets forth the requirements for having to go a qualifying race if a horse has been scratched for two consecutive races.

RULE TITLE OR. SUBJECT: Ch. 7, Sect. 30, Draw
PROPOSED RULE NUMBER: 2002-P77
CONCISE SUMMARY: This proposed rule deletes duplicative language in this section.

RULE TITLE OR SUBJECT: Ch. 7, Sect. 54, Racing Violations, subsection 1
PROPOSED NUMBER: 2002-P78
CONCISE SUMMARY: This proposed rule changes the length of a whip; further explains which actions of using a whip are prohibited and the level of violation such action constitutes and what penalty(s) are to be assessed for said violation(s); and, establishes the violation level for using a goad.

RULE TITLE OR, SUBJECT: Ch. 9, Sect. 2, Eligibility Criteria
PROPOSED RULE NUMBER: 2002-P79
CONCISE SUMMARY: This proposed rule would allow the foals resulting from the transportation of semen outside the State of Maine, from stallions standing the
breeding season in Maine, to be eligible to the Maine Standardbred Breeders Stakes program.

RULE TITLE OR SUBJECT: Ch. 9, Sect. 4, Performance Eligibility
PROPOSED RULE NUMBER: 2002-P80
CONCISE SUMMARY: This proposed rule corrects a reference to rules in Ch. 7.

RULE TITLE OR SUBJECT: Ch. 17, Sect. 5, Penalty Schedule
PROPOSED RULE NUMBER: 2002-P81
CONCISE SUMMARY: This proposed rule adds another violation, 11, to the Level 2 category and adds another violation, number 17, to the level 4 category.

RULE TITLE OR, SUBJECT: Ch. 19, Sect. 3, Appeals
PROPOSED RULE NUMBER: 2002-P82
CONCISE SUMMARY: This proposed rule changes the word "of" to "for" in subsection 2. This corrects an error made when the rule was originally adopted.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 8 MRSA 263-A, 268, 275-C, 279-A and B
PUBLIC HEARING: May 2, 2002, 9:00 a.m., Lincoln/Oxford Rooms, Augusta Civic Center, Augusta, ME 04330
DEADLINE FOR C0MMENTS: 5:00 p.m, Tuesday, May 14, 2002
AGENCY CONTACT PERSON; Henry W. Jackson
AGENCY NAME: Maine State Harness Racing Commission
ADDRESS: 28 State House Station, Augusta, ME 04333-0028
TELEPHONE (207) 287-3221


AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources

RULE TITLE OR SUBJECT: Ch. 321, Milk
PROPOSED RULE NUMBER: 2002-P83
CONCISE SUMMARY: The Rule provides the consumer assurance that milk and milk products meet standards of quality and purity.

RULE TITLE OR SUBJECT: Ch. 323, Operating Permits for Commercial Dairy Farms
PROPOSED RULE NUMBER: 2002-P84
CONCISE SUMMARY: The Rule establishes standards and procedures for the issuance of operating permits for commercial dairy farms.

RULE TITLE OR SUBJECT: Ch. 324, Bacteriological and Other Quality Testing of Milk
PROPOSED RULE NUMBER: 2002-P85
CONCISE SUMMARY: The Rule provides the buyer and seller with a guarantee that milk quality tests are performed by competent persons in an approved laboratory.

RULE TITLE OR SUBJECT: Ch. 325, Cheese and Other Fermented Milk Products
PROPOSED RULE NUMBER: 2002-P86
CONCISE SUMMARY: The Rule establishes heat treatment and sanitation requirements for cheese and other fermented milk products commercially produced, processed and/or sold in the State of Maine.

RULE TITLE OR SUBJECT: Ch. 327, Lite/Light Dairy Products
PROPOSED RULE NUMBER: 2002-P87
CONCISE SUMMARY: The Rule establishes procedures for the use of the word "Light"/"Lite" as applied to dairy products.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2190
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, 10 May 2002
AGENCY CONTACT PERSON: Shelley F. Doak, Director
AGENCY NAME: Department of Agriculture, Food & Rural Resources
ADDRESS: 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: (207) 287-7610


AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources
RULE TITLE OR SUBJECT: Ch. 329, Proposed Amendment to the Rule Governing Maine Milk and Milk Products
PROPOSED RULE NUMBER: 2002-P88
CONCISE SUMMARY: The Proposed Rule outlines the procedures and standards governing the inspection and examination, licensing, permitting, testing, labeling and sanitation of milk and milk product production and distribution.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES. STATUTORY AUTHORITY: 7 MRSA 2190
PUBLIC HEARING: April 30, 2002, 10:00 a.m., Department of Agriculture, Deering Building, Augusta, ME
DEADLINE FOR COMMENTS: May 10, 2002
AGENCY CONTACT PERSON: Shelley F. Doak, Director
AGENCY NAME: Department of Agriculture, Food & Rural Resources
ADDRESS: 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: (207) 287-7610


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.15, V-notch, Zero Tolerance - Lobster
PROPOSED RULE NUMBER: 2002-P89
CONCISE SUMMARY: This proposed rulemaking would implement mandatory v-notching of all egg bearing female lobsters with a definition of zero tolerance for enforcement of possession of V-notched lobsters. The proposed measure would adopt the long-standing conservation practice by Maine lobster fishers and standard operation procedures recognized by enforcement personnel. The proposed measure would meet compliance requirements with the Atlantic States Marine Fisheries Commission (ASMFC) February 20, 2002 approval of Addendum III to Amendment 3 to the Interstate Fisheries Management Plan for American Lobster required to be implemented by ASMFC member states by July 1, 2002.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171, 6436
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, May 10, 2002
AGENCY CONTACT PERSON: Col. Joe Fessenden
Mail written comments to: c/o Laurice Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04576-0008
TELEPHONE: (207) 624-9500
TTY: (207) 287-4474 (Deaf/Hard of Hearing)
If you require accommodations due to disability, please contact Breena Whitcomb, at (207) 624-6567.


ADOPTIONS

AGENCY: 05-071 - Department of Education
CHAPTER NUMBER AND TITLE: Ch. 33, Use of Timeout Rooms, Therapeutic Restraints, and Aversives in Public Schools and Approved Private Schools
ADOPTED RULE NUMBER: 2002-104
CONCISE SUMMARY: These regulations establish standards for the use of separate, isolated timeout rooms and the use of therapeutic restraint when the behavior of a student presents a risk of injury or harm to the student or others, significant property damage, or seriously disrupts the educational process and other less intrusive interventions have failed. Nothing in these rules would require an SAU or approved private school to construct or use a timeout room or implement a program of therapeutic restraint. Schools that are licensed as residential child care facilities or mental health treatment centers and governed by other state standards shall comply with the higher standard. Nothing within these rules limits the protections of individual students under applicable special education standards.
The content of the proposed rule was enacted during the first session of the 120th Legislature as major substantive rule as a part of Ch. 125, Basic Approval Standards: Public Schools and School Units. The Department of Education is now proposing removal of this material and placement in a separate rule for three reasons:
1. Ch. 125 is a joint rule with the State Board of Education and contains no other major substantive component;
2. the content of the proposed rule carries enough importance and significance that it should not be embedded in the lengthy School Approval Rule; and
3. the content of the proposed rule applies to a greater number of schools than does Ch. 125.
EFFECTIVE DATE: April 27, 2002
AGENCY CONTACT PERSON: Dr. Judith Lucarelli
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6606


AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 323, Electronic Business Transactions Standards
ADOPTED RULE NUMBER: 2002-105
CONCISE SUMMARY: This rule establishes business processes and defines electronic transactions necessary to support retail competition. The rule adopts the Maine Electronic Business Transactions (EBT) Standards appended to this rule.
EFFECTIVE DATE: April 3, 2002
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-1396


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 112, Regulations for the Licensure of General and Specialty Hospitals in the State of Maine
ADOPTED RULE NUMBER: 2002-106
CONCISE SUMMARY: The addition of Ch. VI.R., The Governing Board-Visiting Hours, reflects current practices for patient's rights in hospitals today. These changes mandate hospitals to have a process by which the patient may designate the name(s) of an individual(s), not legally related by blood or marriage, to visit in a critical care unit or in an emergency room, other than immediate family.
The addition of Ch. VI.S., Identification Badges, an already existing rule, is reprinted into the regulation set, as it was deleted previously due to a printing error.
EFFECTIVE DATE: May l, 2002
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 35 Anthony Avenue, Station #11, Augusta, Maine 04333
TELEPHONE: (207) 624-5443 (Voice)
TTY: (207) 624-5512 (Deaf/Hard of Hearing)
FAX: (207) 624-5378


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 119, Regulations Governing the Licensing and Functioning of Home Health Care Services in the State of Maine
ADOPTED RULE NUMBER: 2002-107
CONCISE SUMMARY: These final rules are established to provide for the revision of existing rules. They reflect current Federal requirements for patient rights on the availability of the Long Term Care Ombudsman Program to aid consumers concerning their rights and answer any consumer questions.
EFFECTIVE DATE: June 1, 2002
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 35 Anthony Avenue, Station #11, Augusta, Maine 04333
TELEPHONE: (207) 624-5443 (Voice)
TTY: (207) 624-5512 (Deaf/Hard of Hearing)
FAX: (207) 624-5378


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