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April 17, 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: 16-226 - Department of Public Safety, Bureau of Liquor Enforcement

RULE TITLE OR SUBJECT: Ch. 2, Premises Licensed for On-Premise Consumption Only
PROPOSED RULE NUMBER: 2002-P67
CONCISE SUMMARY:
Ch. 2-3-A: Current rules establish the guidelines for a 15 year old employee to indirectly handle liquor in an off premise establishment. The new rule would provide similar guidelines for on-premise employees that were 15 years old, a practice that is currently accepted in the industry.
Ch. 2-6-B: Current law requires a Class "A" Lounge to offer food for sale to the public at all times that liquor is for sale. The new rule defines food as more than snacks, that are usually given free to patrons.
STATUTORY AUTHORITY: Title 28-A subsection 82-2 (Amended Regulatory Agenda)

RULE TITLE OR SUBJECT: Ch. 3, Premises Licensed for Off-Premise Sales Only
PROPOSED RULE NUMBER: 2002-P68
CONCISE SUMMARY: Ch. 3-6: The rule will allow an off-premise liquor licensee to enter into a lease agreement with another business located on their property without naming the lessee as a co-licensee under certain restrictions.
STATUTORY AUTHORITY: Title 28-A subsection 82-2 (Amended Regulatory Agenda)

RULE TITLE OR SUBJECT: Ch. 4, Premises Licensed as Wholesalers, Manufacturers and Certificates of Approval
PROPOSED RULE NUMBER: 2002-P69
CONCISE SUMMARY:
Ch. 4-15: The rule will clarify the Legislature's intent that a sample product given to a licensee by a wholesaler under 28-A MRSA subsection 1402-A, must be in a sealed bottle and must be left with the licensee.
Ch. 4-16: The new rule will specify that a brewery or small brewery shall not charge a fee for a tour or for samples at the brewery or small brewery location. The practice is not a common practice in the industry and furthermore a brewery or small brewery is eligible for a retail liquor license and should not be selling product under the guidelines of sampling or tours.
STATUTORY AUTHORITY: Title 28-A subsection 82-2

RULE TITLE OR SUBJECT: Ch. 14, Rules Applicable to Agency Liquor Stores Merchandising and Stock
PROPOSED RULE NUMBER: 2002-P70
CONCISE SUMMARY: Ch. 14-10: The rule is being repealed as it conflicts with current state law on pricing (28-A MRSA subsection 606-8.)
STATUTORY AUTHORITY: Title 28-A subsection 82-2

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: May 8, 2002 at 10:00 a.m., Augusta Civic Center
DEADLINE FOR COMMENTS: May 23, 2002
AGENCY CONTACT PERSON: Lynn M. Cayford
AGENCY NAME: Maine Bureau of Liquor Enforcement
ADDRESS: 397 Water Street, Gardiner, Maine 04345
TELEPHONE: (207) 624-8973


AGENCY: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Form Filings (Ch. 2, Sec 4; Ch. 3, Secs. 2 & 3; & Ch. 12, Sec. 1)
PROPOSED RULE NUMBER: 2002-P90
CONCISE SUMMARY: These amendments repeal a section of the rules rendered moot by the enactment of P.L. 2001, Ch. 448. They also establish procedures related to filing of documents with the Board. It also increases the mileage reimbursement for travel to and from formal hearings to 26 cents per mile.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 39-A MRSA 152(2); 315
PUBLIC HEARING: Thursday, May 9, 2002, 9:00 a.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: Monday, May 20, 2002, 5:00 p.m.
AGENCY CONTACT PERSON: John C. Rohde, General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta ME 04333-0027
TELEPHONE: (207) 287-7086


AGENCY: 16-219 - Office of State Fire Marshal
RULE TITLE OR SUBJECT: Rules of the State Fire Marshal
PROPOSED RULE NUMBER: 2002-P92 through 2002-P104
CONCISE SUMMARY The following changes are proposed:
Ch. 1, Fee Schedules - Chapter Consolidations
Ch. 2, Smoke Detectors - Repeal Listing
Ch. 3, Fire Prevention Code - NFPA # 1 Adoption
Incorporated Reference Updates:
NFPA # 12, Carbon Dioxide Extinguishing Systems, 2000 edition
NFPA # 15, Water Spray Fixed Systems for Fire Protection, 2001 edition
NFPA # 30, Flammable and Combustible Liquids Code, 2000 edition
NFPA # 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages, 2000 edition
NFPA # 30B, Code for the Manufacture and Storage of Aerosol Products, 2002 edition
NFPA # 58, Liquefied Petroleum Gas Code, 2001 edition
NFPA # 59, Utility LP-Gas Plant Code, 2001 edition
NFPA # 96, Ventilation Control & Fire Protection of Commercial Cooking Operations, 2001 edition
NFPA # 160, Flame Effects Before An Audience, 2001 edition
NFPA # 211, Chimneys, Fireplaces, Vents and Solid Fuel-Burning Appliances, 2000 edition
NFPA # 385, Standard for Tank Vehicles for Flammable and Combustible Liquids, 2000 edition
NFPA # 409, Standard on Aircraft Hangers, 2001 edition
NFPA # 495, Explosive Materials Code, 2001 edition
NFPA # 1126, Use of Pyrotechnics before a Proximate Audience, 2001 edition
NFPA # 2001, Clean Agent Extinguishing Systems, 2000 edition
Ch. 247, Fee Schedule - Sprinkler Systems to Ch. 1 - Repealed as Ch.247
Ch. 249, Fee Schedule - Barrier Free Construction to Ch. 1.
These rules are proposed for consolidation of subject matter content, as well as, adoption of new and updated incorporated references from the National Fire Protection Association.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 25 MRSA 2452
PUBLIC HEARING): None scheduled; one may be requested.
DEADLINE FOR COMMENTS: May 17, 2002
AGENCY CONTACT PERSON: Joseph E. Thomas, Planning and Research
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 52 State House Station, Augusta, ME 04333-0052
TELEPHONE: (207) 624-8963


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 2, Aquaculture Lease Regulations
PROPOSED RULE NUMBER: 2002-P105
CONCISE SUMMARY: The Department received a certified petition from the Conservation Law Foundation requesting rulemaking on Ch. 2, Aquaculture Lease Regulations. The petition does not provide detailed information as to the principle reasons or expected operations of the proposed rulemaking. New definitions would be added pertaining to finfish. Notification requirements and riparian proximity would expand from 1000 feet to 2000 feet. The fee structure would increase for acreages between 1 and 50 acres. Finfish application requirements would be expanded and require all other applicable permits be submitted with the application to DMR. Notification steps would be expanded and include a "Public Scoping Session". Public hearing intervenor applicants requirements would change including the removal of the requirement that applicants describe how an application would "substantially affect" them. The mandatory Department site review would be expanded; new requirements would include information from the nearest Harbormaster if a Town does not employ one and inclusion of private conservation easements or private "protected areas". The decision criteria would be expanded to include additional criteria including conservation valued lands, impact on State and citizen tourism goals, impacts on wild Atlantic salmon, and "cumulative or synergistic adverse far-field water quality and habitat changes". The conditions, monitoring and separation of finfish leases would be expanded to include such items as standards on bacterial mold, fallowing times, pen diaper use, additional reporting, single year classes and biosecurity protocols. Finfish bonds would increase to $50,000.
The petition representatives will provide a short presentation at the beginning of the public hearings to introduce the proposed amendments. The Department proposes the amended regulation in accordance with 5 MRSA 8055.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 8055
PUBLIC HEARINGS:
Monday, May 6, 2002, 6:00 p.m., Marine Trades Center, 16 Deep Cove Road, Eastport;
Tuesday, May 7, 2002, 6:00 p.m., Middle School Cafeteria, 24 Forest Avenue, Ellsworth (off Route 1A Bangor Road);
Wednesday, May 8, 2002, 6:00 p.m., Yarmouth High School Cafeteria, 286 West Elm Street, Yarmouth (access from rear parking lot)
DEADLINE FOR COMMENTS: Monday, May 20, 2002
AGENCY CONTACT PERSON: Andrew Fisk
Web site: www.maine.gov/dmr/rulemaking
MAIL WRITTEN COMMENTS TO: Andrew Fisk
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021 TELEPHONE: (207) 624-6554
TTY: (207) 287-4474 (Deaf/Hard of Hearing)
If you require accommodations due to disability, contact: Breena Whitcomb, at (207) 624-6567.


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence

RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF) - Use of Designated Address
PROPOSED RULE NUMBER: 2002-P106
CONCISE SUMMARY: This rule:
- requires the Department to accept a designated address as a program participant's address when the participant verifies their certification in the Address Confidentiality Program (ACP), administered by Maine's Secretary of State.
- confirms that timely decisions and notices will be mailed to the designated address of. participants in the Address Confidentiality Program; and warns that since the ACP is a mail forwarding service, participants will experience delays in getting decisions and checks.
- corrects a typographical error, and
- amends the policy concerning the purging of case records.
STATUTORY AUTHORITY: State Public Law 539.

RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF) - Collection of Overpayments
PROPOSED RULE NUMBER: 2002-P107
CONCISE SUMMARY: This rule prohibits the Department of Human Services from collecting overpayments accrued in certain public benefit programs from individuals who were minors in the household at the time that their parent or other caretaker relative received the overpaid benefits.
STATUTORY AUTHORITY: State Public Law 551

RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF) - Recovery from Drug Addiction
PROPOSED RULE NUMBER: 2002-P109
CONCISE SUMMARY: This rule implements the State's option to provide public assistance to individuals convicted of drug-related felonies.
STATUTORY AUTHORITY: 22 MRSA 3741-3762

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled, unless requested by 5 or more persons.
DEADLINE FOR COMMENTS: May 17, 2002
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5089
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 04-061 - Department of Conservation, Land Use Regulation Commission
RULE TITLE OR SUBJECT: Zoning Petition ZP 663
PROPOSED RULE NUMBER: 2002-P108
NOTICE OF PUBLIC HEARING:
DALLAS HILL LLC. FOR ZONING PETITION ZP 663
DALLAS PLANTATION, FRANKLIN COUNTY
PURPOSE: The Maine Land Use Regulation Commission will hold a public hearing on Zoning Petition ZP 663 submitted by Dallas Hill, LLC. seeking approval to rezone 43 acres of their 57 acre parcel from (M-GN), General Management Subdistrict, to (D-RS2), Community Residential Development Subdistrict in Dallas Plantation, Franklin County.
The purpose of the hearing is to allow the petitioners, interested groups and the general public the opportunity to present testimony and evidence as to whether the petitioners' proposal meets the statutory criteria for approval under provisions of 12 MRSA 685-A, the criteria for a (D-RS2), Community Residential Development Subdistrict, under provisions of Section 10.14,1 of the Commission's Land Use Districts and Standards, and the criteria for prospectively zoned areas as set forth in the Prospective Zoning Plan for the Rangeley Lakes Region.
DATE & TIME:, Wednesday, May 8, 2002. The hearing will begin at 6:30 p.m.
PLACE: Rangeley Inn, Main Street, Rangeley, Maine
HOW TO PARTICIPATE: All interested persons are invited to attend and offer testimony that would have a bearing on this proposed rezoning.
The general public is not required to submit written testimony before the hearing, nor file Petitions to Intervene, in order to testify. Members of the general public may simply attend the hearing and give oral testimony.
Persons interested in seeking Intervenor status in this matter must file a Petition to Intervene with the Commission pursuant to applicable provisions of the Maine Administrative Procedure Act (5 MRSA, Ch. 375) and Ch. 5 of the Commission's Rules by 5:00 p.m. on Friday, April 26, 2002.
The hearing record will remain open for a period of 15 days until Thursday, May 23, 2002 to allow interested persons to file written statements with the Commission, and for an additional seven days until 5:00 p.m. on Thursday, May 30, 2002 to allow interested persons to file written statements in rebuttal of statements filed during the previous 15 day period. The record of the hearing will then close.
Disabilities: Persons with disabilities planning to attend the hearing are requested to inform the Commission in advance so that arrangements can be made for services they may require.
FOR ADDITIONAL INFORMATION: Copies of Zoning Petition ZP 663 may be inspected prior to this hearing at the Commission's office in Augusta and the Commission's regional office in Rangeley, Maine during business hours. Please contact these offices to make an appointment to view the zoning petition. A copy of the Zoning Petition ZP 663 is also available at the Dallas Plantation Town Office.
Persons having questions or wishing to submit written comments may contact Michael Demarest of the Maine Land Use Regulation Commission at (207) 287-2631 or within Maine, at (800) 452-8711; TTY (207) 287-2213. Written comments should be sent to 22 State House Station, Augusta, Maine 04333-0022. Comments may also be submitted through the Internet to Michael.Demarest@maine.gov or Fax (207) 287-7439.
LEGAL AUTHORITY: The hearing will be held under authority of 12 MRSA, Ch. 206-A and will be conducted in accordance with the Commission's Rules of Practice and Rules for Conduct of Public Hearings.
Catherine M. Carroll, Acting Director
Maine Land Use Regulation Commission


AGENCY: 04-059 - Department of Conservation, Bureau of Parks and Lands
RULE TITLE OR SUBJECT: Ch. 54, Bear Baiting on Public Lands
PROPOSED RULE NUMBER: 2002-P110
CONCISE SUMMARY: The Bureau is proposing to adopt a rule amending the bear baiting rules as follows: Increase the fee for personal bait sites to $20 per site and commercial bait sites to $55 per site; change the permit application period to June 1 to June 30 annually; require renewal of reservable sites by May 31 annually; require applicants to provide GPS locations of bait sites and synchronize the 3 year renewal period for reservable sites beginning in the 2004 season. A complete copy of the proposed rule may be obtained from the agency contact person listed below.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 1803
PUBLIC HEARING: None scheduled- one may be requested.
DEADLINE FOR COMMENTS: May 17, 2002
AGENCY CONTACT PERSON: Joe Wiley, Department of Conservation, Bureau of Parks and Lands, 22 State House Station, Augusta, ME 04333-0022
PHONE: (207) 287-4921
FAX: (207) 287-3823
E-MAIL: joe.wiley@maine.gov


AGENCY: 90-590 - Maine Health Data Organization
RULE TITLE AND NUMBER: Ch. 243, Uniform Reporting System for Health Care Claims Data Sets
PROPOSED RULE NUMBER: 2002-P111
CONCISE SUMMARY: This chapter contains the provisions for filing health care claims data sets from all third-party payers, third-party administrators, and carriers that provide only administrative services for a plan sponsor, including: identifying the organizations required to report; establishing requirements for the content, form, medium and timeframe for filing health care claims; establishing standards for the data reported; and compliance provisions.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 8704, sub-4 and 8706, sub-2
PUBLIC HEARING: May 2, 2002 - 9:00 a.m., Central Conference Room, Gardiner Annex - 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: May 12, 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


ADOPTIONS

AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 612, Maine Dental Education Loan and Loan Repayment Programs, Amendment 1
ADOPTED RULE NUMBER: 2002-109
CONCISE SUMMARY: This rule amendment changes the application due date for application for loans to dental students from October 1 to July 1, and makes minor technical amendments.
EFFECTIVE DATE: April 9, 2002
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, P.O. Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715


AGENCY: 02-029 - Department of Professional and Financial Regulation, Bureau of Financial Institutions
CHAPTER NUMBER AND TITLE: Ch. 118 (Regulation #18), Deposit Account Disclosures
ADOPTED RULE NUMBER: 2002-112
CONCISE SUMMARY: This rule revision eliminates the requirement of financial institution to forward schedules of new or increased deposit account charges to the Bureau. Copies of this rule may be obtained, and electronic comments may be filed, by accessing the Bureau of Financial Institutions Internet Home Page at www.MaineBankingReg.org.
EFFECTIVE DATE: April 15, 2002
AGENCY CONTACT PERSON: Martine Ortiz, Staff Attorney
AGENCY NAME: Bureau of Financial Institutions
ADDRESS: 36 State House Station, Augusta, ME 04333-0036
TELEPHONE: (207) 624-8570


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