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Weekly Rulemaking Notices Contact Us Find It

June 19, 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: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: Snapping Turtles
PROPOSED RULE NUMEBER: 2002-P158
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is amending a rule proposal originally advertised on April 24th regarding the harvest of snapping turtles for commercial purposes. The original notice proposed to establish season dates, length limit and reporting requirements for harvesting snapping turtles for commercial purposes. Based on information gathered during the public comment period, the original proposal is being amended to prohibit the harvest of snapping turtles for commercial purposes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 7035 and 7470
PUBLIC HEARING: July 8, 2002, Department of Inland Fisheries & Wildlife HQ, 284 State Street, Augusta, ME - 6:30 p.m.
DEADLINE FOR COMMENTS: July 18, 2002
AGENCY CONTACT PERSON: Andrea Erskine AGENCY NAME: Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - Transfer of Assets and Residential Care
PROPOSED RULE NUMBER: 2002-P159
CONCISE SUMMARY: If an individual or their spouse has transferred assets without getting reasonable compensation, help with the cost of room and board for Residential Care will be denied for a period of time.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173
PUBLIC HEARING): None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: July 19, 2002
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager
AGENCY NAME: Department of Human Services
ADDRESS: Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 03-201 - Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 10, Subsection 6.6, Policy and Procedures Manual - Payment of Restitution or Fines
PROPOSED RULE NUMBER: 2002-P160
CONCISE SUMMARY: The Maine Department of Corrections is proposing to revise the existing policy, procedures, and rules for the payments of restitution or fines by adult and juvenile offenders to reflect organizational and operational changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 17-A MRSA 1330 and 34-A MRSA 3035, 3809-A, and 4111
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: July 26, 2002
AGENCY CONTACT PERSON: Ellis King
AGENCY NAME: Department of Corrections
ADDRESS: State House Station 111, Augusta, ME 04333-0111
TELEPHONE: (207) 287-4342


AGENCY: 01-017 - Maine State Harness Racing Commission

RULE TITLE OR SUBJECT: Ch. 9, Sire Stakes
PROPOSED RULE NUMBER: 2002-P161
CONCISE SUMMARY: The purpose of proposing this rule change is to prevent any contradiction if the Commission adopts the proposed rule change to subsection 4.

RULE TITLE OR SUBJECT: Ch. 9, Sire Stakes
PROPOSED RULE NUMBER: 2002-P162
CONCISE SUMMARY: The proposed change will allow the transportation of semen outside the State of Maine with the resulting foals being eligible to the Sire Stakes Program beginning with the foals from the 2003 breeding season.

THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 8 MRSA 281
PUBLIC HEARING: July 18, 2002, 9:00 a.m., Room 206, Burton Cross Office Bldg., 111 Sewall Street, Augusta, ME
DEADLINE FOR COMMENTS: July 29, 2002
AGENCY CONTACT PERSON: Henry W. Jackson, Executive Director
AGENCY NAME: Maine State Harness Racing Commission
ADDRESS: 28 State House Station, Augusta, ME 04333-0028
TELEPHONE: (207) 287-3221


AGENCY: 04-061 - Department of Conservation, Land Use Regulation Commission
RULE TITLE OR SUBJECT: Ch. 10, Planned Development Subdistrict Standards
PROPOSED RULE NUMBER: 2002-P163
CONCISE SUMMARY: These changes are necessary to facilitate use of the Commission's Planned Development Subdistrict (D-PD). The description of the D-PD is proposed for amendment to allow for consideration of projects that don't meet the current size thresholds for D-PD zones but otherwise are appropriate for such consideration. The D-PD procedural criteria are also proposed for amendment to be consistent with other boundary change rules, and the limitation on a six-month extension for filing of the final development plan is proposed to be eliminated.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 685-A, Subsection 8-B
PUBLIC HEARING: No public hearing will be held unless requested by 5 or more persons.
DEADLINE FOR COMMENTS: July 19, 2002
AGENCY CONTACT PERSON: Frederick W. Todd
AGENCY NAME: Land Use Regulation Commission
ADDRESS: Department of Conservation, 22 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-4932


ADOPTIONS

AGENCY: 09-137 - Department of Inland Fisheries & Wildlife

CHAPTER NUMBER AND TITLE: Ch. 4.03, Deer Hunting (Youth Deer Hunting Day)
ADOPTED RULE NUMBER: 2002-182
CONCISE SUMMARY: The Commissioner has adopted a rule designating October 26, 2002 as youth deer hunting day. Youth 10 years of age or older and under 16 years of age who possess a junior hunting license may hunt deer with a firearm or bow and arrow under supervision as required by law. One deer of either sex may be taken on this day. (NOTE: junior hunters who have been awarded a bonus deer permit or who possess an expanded archery license may take additional deer during other open seasons as authorized by the permit or license). The parent, guardian or qualified adult shall not possess a firearm while accompanying a youth hunter on this day. All other laws pertaining to hunting deer during the open firearms season on deer apply on this day.

TYPE OF RULE: Antlerless Deer Hunting Restrictions
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping
ADOPTED RULE NUMBER: 2002-183
CONCISE SUMMARY: In accordance with Title 12 MRSA 7457, subsection 1(H), the Commissioner of Inland Fisheries and Wildlife has adopted Antlerless Deer Hunting Restrictions for the 2002 regular and special muzzle-loading deer hunting seasons. This establishes specific permit allocations for the 30 Wildlife Management Districts (WMD) as follows:
WMD 1 - 0 permits
WMD 2 - 0 permits
WMD 3 - 0 permits
WMD 4 - 0 permits
WMD 5 - 0 permits
WMD 6 - 0 permits
WMD 7 - 150 permits
WMD 8 - 350 permits
WMD 9 - 100 permits
WMD 10 - 300 permits
WMD 11 - 250 permits
WMD 12 - 1,250 permits
WMD 13 - 1,600 permits
WMD 14 - 300 permits
WMD 15 - 3,450 permits
WMD 16 - 7,200 permits
WMD 17 - 13,350 permits
WMD 18 - 300 permits
WMD 19 - 0 permits
WMD 20 - 3,850 permits
WMD 21 - 5,250 permits
WMD 22 - 6,900 permits
WMD 23 - 18,150 permits
WMD 24 - 3,400 permits
WMD 25 - 4,450 permits
WMD 26 - 4,900 permits
WMD 27 - 200 permits
WMD 28 - 0 permits
WMD 29 - 25 permits
WMD 30 - 850 permits
TOTAL - 76,575
All other antlerless deer regulations in effect in 2001 shall remain the same.

TYPE OF RULE: Amendment of Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 4 - 4.06 - Wild Turkey Hunting Season
ADOPTED RULE NUMBER: 2002-184
CONCISE SUMMARY: The Commissioner of In1and Fisheries and Wildlife has adopted a rule amending the wild turkey hunting season as follows: establishing a fall turkey hunting season occurring in WMDs 15, 16, 20, 21, 22, 23, 24, 25, and 26 from October 21, 2002 through November 1, 2002. Any person who possesses an archery license as provided in 12 MRSA 7102-A, may purchase a wild turkey hunting permit to hunt during this fall season. The bag limit during this season is 1 wild turkey of either sex and any age per permit holder. Only bow and wow may be used to hunt wild turkey during this season. This rule also proposes to authorize landowners who meet established criteria to hunt wild turkeys on their own land without a permit.

EFFECTIVE DATE: June 10, 2002
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Inland Fisheries & Wildlife
ADDRESS: #41 State House Station - 284 State Street - Augusta, ME 04333-004l
TELEPHONE: (207) 287-5201
E-MAIL: andrea.erskine@maine.gov


AGENCY: 10-144 - Department of Human Services, Bureau of Child and Family Services
CHAPTER NUMBER AND TITLE:
Ch. 16, Rules Providing for the Licensing of Family Foster Homes for Children
Ch. 15, Rules Providing for the Licensing of Specialized Children's Foster Homes
ADOPTED RULE NUMBER: 2002-185
CONCISE SUMMARY: The rules governing the operation of family foster homes titled, "Rules Providing for the Licensing of Family Foster Homes for Children" and "Rules Providing for the Licensing of Specialized Children's Foster Homes" (effective April 20, 1998) have been revised. These rules describe the procedures and requirements for licensing foster homes for children under 18 years of age and provide for the safety and well-being of foster children. The major changes to these rules include an increase in the number of training hours required by foster parents and a limitation on the number of placements in a home with a Specialized Children's Foster Home License.
EFFECTIVE DATE: August 1, 2002
AGENCY CONTACT PERSON: Martha Proulx
AGENCY NAME: Department of Human Services, Bureau of Child and Family Services
ADDRESS: 221 State Street - Station 11 - Augusta, ME 04333
TELEPHONE: (207) 287-5060,


AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 329, Rule Governing Maine Milk and Milk Products
ADOPTED RULE NUMBER: 2002-186
CONCISE SUMMARY: This 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.
EFFECTIVE DATE: June 12, 2002
AGENCY CONTACT PERSON: Shelley F. Doak
AGENCY NAME: Department of Agriculture, Food & Rural Resources
ADDRESS: 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: (207)287-7610


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III, Section 19, Home and Community Benefits for the Elderly and for Adults with Disabilities
ADOPTED RULE NUMBER: 2002-187
CONCISE SUMMARY: These final rules replace Ch. II & III, Section 18, Home and Community-Based Waivers Services for Adults With Disabilities, and Ch. II & III, Section 19, Home and Community-Based Waivers Services for the Elderly, with one new Ch. II & III, Section 19, Home and Community Benefits for the Elderly and for Adults with Disabilities. The adopted changes reflect the current waiver agreements, with the Centers for. Medicare & Medicaid Services, Environmental modifications is added as a covered service. Procedures are updated. The proposed changes also include some new terms, including the name change from Medicaid to MaineCare.
EFFECTIVE DATE: June 15, 2002
AGENCY CONTACT PERSON: Julie Tosswill, Medical Care Administrator
AGENCY NAME: MaineCare Policy Development
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9360
TTY# (207) 287-1828 or 1 (800) 423-4331


AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources
CHAPTER NUMBER AND TITLE:
Ch. 321, Milk
Ch. 324, Bacteriological and Other Quality Testing of Milk
Ch. 325, Cheese and Other Fermented Milk Products
Ch. 326, Operating Permits for Commercial Dairy Farms
Ch. 327, Light/Lite Dairy Products
ADOPTED RULE NUMBER: 2002-188 through 2002-192
CONCISE SUMMARY: These rules are being repealed.
EFFECTIVE DATE: June 15, 2002
AGENCY CONTACT PERSON: Shelley F. Doak, Director
AGENCY NAME: Department of Agriculture, Food & Rural Resources
ADDRESS: 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7610


AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 221, Cervids Importation Embargo
ADOPTED RULE NUMBER: 2002-193
CONCISE SUMMARY: This rule places an embargo on the importation of cervids into Maine.
EFFECTIVE DATE: June 11, 2002
AGENCY CONTACT PERSON: Shelley Doak
AGENCY NAME: Department of Agriculture, Food & Rural Resources
ADDRESS: 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: (207) 287-7610


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering, Radiation Control Program
CHAPTER NUMBER AND TITLE: Ch. 220, Rules Relating to Radiation Protection
ADOPTED RULE NUMBER: 2002-194
CONCISE SUMMARY: The proposed revision to the current State of Maine Regulations Relating to Radiation Protection makes the State compatible with the Federal Nuclear Regulatory Commission and the Suggested State Radiation Control Statutes of the Conference of Radiation Control Program Directors.
EFFECTIVE DATE: August 1, 2002
AGENCY CONTACT PERSON:
NAME: Jay C. Hyland, P.E., Manager, Radiation Control Program
ADDRESS: State House Station 10, Augusta, Maine 04333-0010
PHONE: (207) 287-5676


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
TYPE OF RULE: Amendment to Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 8, Endangered Species (8.05, Essential Habitat for Species Designated as Endangered or Threatened)
ADOPTED RULE NUMBER: 2002-195
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule making 117 additions to areas protected as bald eagle nest sites, deletion of 64 previously designated Essential Habitats for bald eagles, and map corrections for 4 previously designated Essential Habitats for bald eagles in accordance with provisions of the State Endangered Species Act, Title 12, Subchapter V and Inland Fisheries and Wildlife Rules, Ch. 8.
EFFECTIVE DATE: June 17, 2002
AGENCY CONTACT PERSON: Mark Stadler, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: (207) 287-5252


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