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April 30, 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:
13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.93(F)(l)(b)(i), Exit Ratios for
Limited Entry Zones - Zone D (Lobsters)
PROPOSED RULE NUMBER: 2003-P87
CONCISE SUMMARY: The Department of Marine Resources proposes these regulations
under Ch. 25.93(F) after considering a survey of zone members and a
recommendation of the Zone D Council as contemplated by 12 MRSA §6448.
These proposed changes would establish an exit ratio of 1:5 for Zone
D and outline procedures for authorizing new zone entrants.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA § 6448
PUBLIC HEARING: Monday, May 19, 2003, 7:00 p.m., Rockland District Middle
School Cafeteria, 30 Broadway, Rockland
DEADLINE FOR COMMENTS: Friday, May 30, 2003
AGENCY CONTACT PERSON: Terry Stockwell
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9556
FAX: (207) 633-9579
TTY: (207) 633-9500 or 287-4474 (Deaf/Hard of Hearing)
Hearing facilities: If you require accommodations due to disability,
please contact Deborah Everett, at (207) 624-6567.
AGENCY:
05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. 180, Early Intervention and Special
Education for Children Age Birth to Under Age Six
PROPOSED RULE NUMBER: 2003-P90
CONCISE SUMMARY: These amendments to Section XII (Procedural Safeguards)
of the rule clarify some language on parental consent to make it clear
where due process rights are available in cases where parental consent
is not given (XII.1(C)), to add language from the federal regulations
re: attorneys' fees (XII.7(G)), and to add language from the federal
regulations re: reimbursement to parents for private placements (XII.7(H))
to comply with United States Department of Education, Office of Special
Education Programs' conditions for funding approval.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA § 7727(3)
PUBLIC HEARING):
None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, May 30, 2003; 5:00 p.m. (to be submitted
to Child Development Services State Office-address below)
AGENCY CONTACT PERSON: Laurie Bertulli
AGENCY NAME: CDS State Office
ADDRESS: 146 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-6660
AGENCY:
05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. 101, Special Education Regulations
PROPOSED RULE NUMBER: 2003-P91
CONCISE SUMMARY These amendments to Ch. 101, which are narrow in scope,
are being made to comply with the U.S. Department of Education, Office
of Special Education Programs' (OSEP) conditions for funding approval.
Section 12.11(C)
provides that a school district will no longer be able to override a
parent's not giving consent for the initial provision of special education
and related services. Section 11.15, Absence of Consent, is deleted.
The amendment of Section 13.16, Hearing Expenditures/Attorneys' Fees,
clarifies that Part B funds under I.D.E.A. (Individuals with Disabilities
Education Act) may not be used to pay attorneys' fees - only local or
state funds may be used. Section 12.11(S) now also provides the court
or hearing officer's being able to require the public agency to reimburse
the parent if the agency has not made FAPE (Free Appropriate Public
Education) available in a timely manner prior to the enrollment of the
student in a private school as well as provides that the parental placement
may be found to be appropriate even if it does not meet State standards
applicable to LEAs (Local Education Agencies) and the SEAs (State Education
Agencies).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA § 7003
PUBLIC HEARING): None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, May 30, 2003 at 5:00 p.m., Department
of Education, 5th Floor, Cross Office Building, Augusta
AGENCY CONTACT PERSON: Pauline Lamontagne, Due Process Coordinator
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6644
AGENCY:
01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order
#06-03
PROPOSED RULE NUMBER: 2003-P92
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for
Class 1, II, III and Butterfat based on Federal Order #1 prices with
prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA § 2954 & 5 MRSA § 8054
PUBLIC HEARING: 1:30 p.m., Friday, May 23 2003, Room 233, Department
of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: May 23, 2003
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta,
Maine 04333
TELEPHONE: (207) 287-3741
ADOPTIONS: no adoptions this week
© Department
of the Secretary of State
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