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June 18, 1997
Rule-Making Notice

as it appears in 5 daily Maine newspapers

PROPOSALS
AGENCY: 13-188 - Department of Marine Resources
PROPOSED RULE NUMBER: 97-P75
RULE TITLE OR SUBJECT: Gear restrictions - Penobscot River tributaries fishing closures
CONCISE SUMMARY: The Commissioner of the Department of Marine Resources proposes to close the following areas to fishing for all species as follows:
TIDAL PORTIONS ONLY: (Department of Inland Fisheries and Wildlife to proposes closures on the inland portions).
To be closed after July 15 each year:
Kenduskeag Stream: From the downstream side of the Maine Central Railroad bridge in Bangor to the head of tide (Kenduskeag Road Bridge).
To be closed to fishing from July I through September 30:
Felts Brook: From the head of tide in Brewer downstream to the Penobscot River, and that portion of the Penobscot River on the easterly side of straight line drawn from a red painted rock situated on the downriver side of the mouth of Felts Brook to a red painted marker on the Bangor Dam fishway situated on the upriver side of the mouth of Felts Brook.
Meadow Brook- In Bangor and the Penobscot River within a 250 foot radius of the Maine Central Railroad abutments at the mouth of Meadow Brook.
Eaton Brook: From the head of tide in Brewer to the Penobscot River, and the Penobscot River within 250 feet of a red painted marker situated on the downriver side of the mouth of Eaton Brook.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PUBLIC HEARING: none
DEADLINE FOR COMMENTS: July 17,1997
AGENCY CONTACT PERSON: Lew N. Flagg, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: 624-6341
AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Chapter 378: Variance Criteria for the Excavation of Rock, Borrow, Topsoil, Clay or Silt and Performance Standards for the Storage of Petroleum Products
PROPOSED RULE NUMBER: 97-P103
CONCISE SUMMARY: This chapter sets the criteria for granting a variance from certain performance standards under 38 M.R.S.A Section 490-D and Section 490-Z The rule establishes the performance and design standards for the storage of petroleum products at excavation sites and rock quarries.
Because these rules were designated by the Legislature as "major substantive rules" as defined in Title 5, chapter 375, subchapter 11-A, they were required to be provisionally adopted by the Board of Environmental Protection, and submitted to the Legislature for review. They were provisionally adopted by the Board on January 22, 1997.
The Legislature reviewed the provisionally adopted rule and approved the rule subject to the following conditions. The Legislature's approval rests on the rule being amended to add stormwater quality standards for externally drained pits, and requires submittal of a spill prevention control and countermeasures plan.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 38 M.R.S.A. Section 490-E
DEADLINE FOR COMMENTS: Comment deadline changed to July 2, 1997
AGENCY CONTACT PERSON: Mark Stebbins
ADDRESS: Department of Environmental Protection, Bureau of Land & Water Quality, 17 State House, Station, Augusta, ME 04333
TELEPHONE: (207) 287-7810
For a copy of the proposed rule, please call Shari Goodwin at (207) 287-3350
AGENCY: 04-061 - Land Use Regulation Commission, Department of Conservation
RULE TITLE OR SUBJECT: Chapter 10, Wetland Protection Standards
PROPOSED RULE NUMBER: 97-P104
CONCISE SUMMARY: These changes are in response to a 1992 legislative directive to develop regulations consistent with DEP's wetland rule under the NRPA. This proposed wetland rule grants the Land Use Regulation Commission the authority to regulate land use activities in wetlands regardless of their size or type. The change will allow wetland regulations to be administered throughout the entire state in a more consistent manner. Moreover, the amended rule will help remove duplication in state permit requirements for activities in wetlands in the unorganized areas of the state.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 685-A, Subsection 8
INFORMATION SESSION & PUBLIC HEARING: Mon., July 7, 1997; Information session at 1:00 p.m.; Public hearing convening at 2:00 p.m.: Bangor Motor Inn, Conference Room, Bangor, Maine 04401
DEADLINE FOR COMMENTS: July 29, 1997
AGENCY CONTACT PERSON: Susan C. Burns
AGENCY NAME: Land Use Regulation Commission
ADDRESS: Department of Conservation, State House Station #22, Augusta, Maine 04333
TELEPHONE: 207-287-4969
AGENCY: 02-502 - Professional and Financial Regulation, Board of Complementary Health Care Providers (Formerly - Acupuncture Licensing Board)
RULE TITLE OR SUBJECT:
(Formerly - Acupuncture Licensing Board)
Repeal, Chapter 1, Definitions
Repeal, Chapter 2, Licensure Requirements
Repeal, Chapter 3, Standards for Continuing Education
Repeal, Chapter 4, Complaint Handling and Enforcement
Repeal, Chapter 5, Code of Ethics
Repeal, Chapter 6, Renewal of License
New rules as follows - Board of Complementary Health Care Providers:
Chapter 1, Definitions
Chapter 2, General Provisions
Chapter 3, Licensure Requirement for Acupuncturists
Chapter 4, Licensure Requirement for Naturopathic Doctors
Chapter 5, Standards for Continuing Professional Education for Acupuncturists and Naturopathic Doctors
Chapter 6, Standards Relating to Prescriptive Authorities and Collaborative Relationships
Chapter 7, Enforcement and Disciplinary Procedures
Chapter 8, Code of Ethics
Chapter 9, Fees
PROPOSED RULE NUMBER: 97-P105
CONCISE SUMMARY: The purpose of these rules will repeal existing rules that were adopted by the former Acupuncture Licensing Board and consolidate rules relating to the requirements for licensing, continuing professional education and enforcement of the practice of acupuncture and propose new rules regulating naturopathic doctors which also includes: prescriptive authorities and defining collaboration relationships. Public Law 671 became effective on July 4, 1996, requiring the licensing of naturopathic doctors.
This Rule WILL NOT have a fiscal impact on municipalities:
STATUTORY AUTHORITY: 32 MRSA, Chapter 113-B, 12503 and 12506
PUBLIC HEARING: July 7, 1997 - 9:30 a.m., Department of Professional and Financial Regulation, Gardiner Annex, 122-124 Northern Avenue, Gardiner, Maine
DEADLINE FOR WRITTEN COMMENTS: July 17, 1997
AGENCY CONTACT PERSON:
NAME: Geraldine L. Betts, Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8625
AGENCY: 02-396 - Department of Professional & Financial Regulation, Board of Licensure of Podiatric Medicine
RULE TITLE OR SUBJECT: Podiatric Medicine
PROPOSED RULE NUMBER: 97-P106
CONCISE SUMMARY: The Board proposes to modify all rules. This proposed modification is intended to: (1.) Delete the iteration of specific institutions accredited by the Council on Education of the American Podiatry Association, as the composition of these changes over time; (2.) Reduce from seven to three the number of categories within which Continuing Medical Education Credits ("CME's") may be earned; and (3.) Identify the types, and increase the corresponding amounts, of fees associated with licensure. The proposal to increase fees arises from a recognition that this is the only means by which certain financial obligations incurred prior to the time that the Board of Licensure of Podiatric Medicine came under the auspices of the Department of Professional & Financial Regulation can be met.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA, Chapter 51 3605-B. (3)
PUBLIC HEARING: Thursday, July 10, 1997, 1 p.m., Department of Professional & Financial Regulation 122 Northern Ave., Gardiner, ME 04345
DEADLINE FOR WRITTEN COMMENTS: July 21, 1997
AGENCY CONTACT PERSON:
NAME: Elaine Thibodeau
ADDRESS: Office of Licensing & Registration, SHS #35, Augusta, ME 04333
PHONE NUMBER: (207) 624-8420
AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Provision of Competitive Telecommunications Services
PROPOSED RULE NUMBER: 97-P107
CONCISE SUMMARY: The purpose of this proposed revision to Chapter 280 is to achieve intrastate access rate levels in Maine that are comparable to interstate levels by May 30, 1999.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A, M.R.S.A. 104, 111, 301, 1301, 7101, 7104-A, 7303
PUBLIC HEARING: None presently scheduled. Will be scheduled if requested by five or more persons.
DEADLINE FOR COMMENTS: August 25, 1997
AGENCY CONTACT PERSON: Carmen M. Thibodeau
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: 287-6078
AGENCY: 13-188 - Department of Marine Resources

RULE TITLE OR SUBJECT: Chapter II - Scallops - Configuration of scallop drag
PROPOSED RULE NUMBER: 97-P108
CONCISE SUMMARY: A new law passed by the Maine legislature requires rules on the configuration of scallop drags to be identical to the federal regulations in the Atlantic sea scallop fishery that limit the mesh size of net material on the top of a scallop drag, prohibit chafing gear or cookies on the top of a scallop drag, establish ring link restrictions for a scallop drag, and prohibit drag or net obstructions.
STATUTORY AUTHORITY: 12 M.R.S.A. 6726 (3)
PUBLIC HEARING: Monday, July 7,1997, 6:30 p.m., City Hall Auditorium, Ellsworth and Tuesday, July 8,1997, 6:30 p.m., DMR Conference Room, West Boothbay Harbor

RULE TITLE OR SUBJECT: Maine Groundfish Management Plan (Ch. 34)
PROPOSED RULE NUMBER: 97-P109
CONCISE SUMMARY: Amend the groundfish size, possession and gear restrictions allowed in state waters to match the groundfish size, possession and gear restrictions now in effect in federal waters for both commercial and recreational fisheries. Adopt the same recreational and charter/party restrictions which apply in federal waters.
STATUTORY AUTHORITY: 12 M.R.S.A. 6171 (2-A)
PUBLIC HEARINGS: Monday, July 7,1997, 5:30 p.m., City Hall Auditorium, Ellsworth and Tuesday, July 8,1997, 5:30 p.m., DMR Conference Room, West Boothbay Harbor.

RULE TITLE OR SUBJECT: Lobster and Crab - Lobster Apprentice Program
PROPOSED RULE NUMBER: 97-P110
CONCISE SUMMARY: The Commissioner has established requirements for entry into the lobster fishery through the apprentice program. Definitions are established for the requirements for the apprentice program experience and length of program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6422
PUBLIC HEARING: Monday July 7,1997, 7:30 p.m., City Hall Auditorium, Ellsworth and Tuesday July 8, 1997, 7:30 p.m., DMR Conference Room, West Boothbay Harbor.
DEADLINE FOR COMMENTS: Wednesday, July 18, 1997

AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P. O. Box 8, West Boothbay Harbor, Maine 04575
TELEPHONE: (207) 633-9584


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Chapter #62 - General Fund money distributed to Maine dairy farms
PROPOSED RULE NUMBER: 97-P111
CONCISE SUMMARY: Money appropriated from the General Fund to the Maine Milk Commission will be distributed through the Milk Pool to producers on an equal hundredweight basis.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 M.R.S.A. SECTION 2954 & 5 M.R.S.A SECTION 8054
PUBLIC HEARING: 9:00 a.m., Thursday, July 10, 1997, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Room 336, Augusta, Maine 04333
DEADLINE FOR COMMENTS: July 21, 1997
NAME: John H. Richards, Deputy Commissioner
ADDRESS: Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741
ADOPTIONS
AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Rules and Regulations Governing the Functioning of the Maine Registry of Certified Nursing Assistants
ADOPTED RULE NUMBER: 97-201
CONCISE SUMMARY: The existing rules were originally promulgated in 1993. The final regulations also state that, if an individual appeals a decision to annotate the Registry because of the individual's conviction of a Class D or E crime, then the fair hearing officer shall determine not only whether the individual had been convicted of one of the enumerated crimes, but also whether, under all the facts and circumstances, the conduct underlying the conviction constitutes "abuse" as defined in the regulations. This final rule defines abuse as willful conduct, reckless conduct and negligent conduct. This rule was adopted as an Emergency Rule and was effective December 11, 1996, for ninety (90) days.
Other final rule changes: Chapter B. 1. will delete 7 M.R.S.A. sec. 401 1 and add 17 M.R.S.A. sec. 1031, Chapter B.6. will add 17-A M.R.S.A., 708, Chapters E.2. and E.3.b. will add the words "or recertification" and "initial" for clarity, and Chapter E.6. extends the request for appeal from ten (10) days to twenty (20) days.
EFFECTIVE DATE: June 1997
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
AGENCY: 94-457 - Finance Authority of Maine, Small Enterprise Growth Board
CHAPTER NUMBER AND TITLE: Chapter 701 - Small Enterprise Growth Program
ADOPTED RULE NUMBER: 97-202
CONCISE SUMMARY: This Rule establishes the procedures and standards applicable to the Small Enterprise Growth Program, a statewide program which provides funding to eligible small businesses demonstrating potential for high growth and significant public benefit.
EFFECTIVE DATE: June 14,1997
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, PO Box 949, 83 Western Avenue, Augusta, Maine 04332-0949
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)
AGENCY: 94-348 - Maine Human Rights Commission
CHAPTER NUMBER AND TITLE: Chapter 3: Employment Regulations of the Maine Human Rights Commission
ADOPTED RULE NUMBER: 97-203
CONCISE SUMMARY: In 1988 the Maine Human Rights Act was amended to remove the small business exception relating to sex discrimination and pregnancy. This change in the Employment Regulations reflects that statutory change.
EFFECTIVE DATE: June 14, 1997
AGENCY CONTACT PERSON: John E. Carnes, Esq.
AGENCY NAME: Maine Human Rights Commission
ADDRESS: 51 State House Station, Augusta, ME 04333-0051
TELEPHONE: (207) 624-6050
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