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Weekly Rulemaking Notices Contact Us Find It

July 3, 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. 895, Underground Facility Damage Prevention Requirements
PROPOSED RULE NUMBER: 2002-P172
CONCISE SUMMARY: This rule describes the responsibilities of excavators, underground facility operators, the damage prevention system (Dig Safe System, Inc.), and the Public Utilities Commission in implementing Maine's underground facility damage prevention statute. The rule establishes notification, marking, and reporting procedures, defines violations and penalties, and describes the process by which the Public Utilities Commission will enforce the program and monitor its success.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A MRSA 104, 111, and 1502, 5 MRSA 8001 et seq., and 23 MRSA 3360-A,
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: August 2, 2002
AGENCY CONTACT PERSON: Paula Cyr
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: (207) 287-6074


AGENCY: 13-188 - Department of Marine Resources

RULE TITLE OR SUBJECT: Ch. 25.94(2)(c), Zone C Eastern Line - Clerical Correction
PROPOSED RULE NUMBER: 2002-P173
CONCISE SUMMARY: In a recent rulemaking the previous version of the eastern line of Zone C was inadvertently included with the text of the newly adopted western boundary of Zone C. This rulemaking would repromulgate the correct eastern boundary definition that originally became effective on May 23, 2001, in accordance with instructions from the Office of the Secretary of State to implement this clerical correction.
STATUTORY AUTHORITY: 12 MRSA 6446

RULE TITLE OR SUBJECT: Ch. 25.96, Lobster Apprentice Program - Zone C Apprentice and Sponsor Requirements
PROPOSED RULE NUMBER: 2002-P174
CONCISE SUMMARY: The Department of Marine Resources proposes regulations under Ch. 25.96 based on a referendum response by Zone C members and a unanimous recommendation of the Zone C Council members to the Commissioner as contemplated by 12 MRSA 6447(5-A). These proposed regulations would establish two new requirements in Zone C. Apprentices who wish to enter Zone C must complete their apprenticeship in that zone, and sponsors of Zone C apprentices must have held a Class I, II or III lobster and crab fishing license for at least 5 years.
STATUTORY AUTHORITY: 12 MRSA 6447(5-A)

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, August 2, 2002
AGENCY CONTACT PERSON: Terry Stockwell
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04675-0008
TELEPHONE: (207) 633-9556
TTY: (207) 287-4474 (Deaf/Hard of Hearing)


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #08-02
PROPOSED RULE NUMBER: 2002-P175
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, 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: 9:00 a.m., Monday, July 22, 2002, Room 319, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: July 22, 2002
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


ADOPTIONS

AGENCY: 05-071 - Joint rule between State Board of Education and Maine Department of Education
CHAPTER NUMBER AND TITLE: Ch. 125, Basic Approval Standards: Public Schools and School Units
ADOPTED RULE NUMBER: 2002-208
CONCISE SUMMARY: This rule applies to all public schools and to schools that are approved by the Department of Education. The rule replaces the School Improvement Plan with the Comprehensive Education Plan, which encompasses all plans required by the Department through statute or rule. It clarifies all school approval requirements, in alignment with the system of Learning Results, in the following categories: Curriculum and Comprehensive Assessment System, Instructional Time, School Unit Organization and School Size, Educator Quality, Instructional Support Resources, School Health Services and Safety Procedures, Facilities, and Records and Reports. It establishes basis and process for the Commissioner to conduct School Reviews & Inspections. It specifies the conditions for receiving or being denied school approval status, and provides for waivers.
EFTECTIVE DATE: June 26, 2002
AGENCY CONTACT PERSON: Dr. Judith Lucarelli, Deputy Commissioner
AGENCY NAME: State Board of Education and Maine Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6620


AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE: Ch. 2, Aquaculture Lease Regulations - technical changes
ADOPTED RULE NUMBER: 2002-209
CONCISE SUMMARY: The adopted amendments in Ch. 2 are technical corrections and updates for consistency with statutory changes (sections 10, 12, 60, 64 and 75), removal of non-substantive language (section 01) and update the marking requirements (section 80).

CHAPTER NUMBER AND TITLE: Ch. 25.15, V-notch, Zero Tolerance - Lobster
ADOPTED RULE NUMBER: 2002-210
CONCISE SUMMARY: These adopted regulations implement mandatory v-notching of all egg bearing female lobsters with a definition of zero tolerance. This action adopts the long-standing conservation practice by Maine lobster fishers and standard operation procedures recognized by enforcement personnel. The measures 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.

CHAPTER NUMBER AND TITLE: Ch. 26.07, Sea Urchin Harvesting Season 2002-2003
ADOPTED RULE NUMBER: 2002-211
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA 6171, 6171-A and 6749 this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 1 and Zone 2 for 2002-2003. The Sea Urchin Zone Council recommended this season, which has the same number of total days as the 2001-2002 season, or 94 days. This proposed regulation re-establishes the choice of two separate seasons for Zone 2 harvesters as authorized by 12 MRSA 6749. The original summary text has been removed as a technical clean up in the regulation.

CHAPTER NUMBER AND TITLE:
Ch. 30.02, Taking of alewives from Walker's Brook
Ch. 55.15, Fishing in the Bagaduce River Upstream of the North Brooksville Sedgwick Bridge
ADOPTED RULE NUMBER: 2002-212 and 2002-213
CONCISE SUMMARY: These regulations adopt, through the regular rule-making process, changes that become effective with the adoption of the emergency rules effective May 9, 2002 closing the waters that run between Walker Pond and the Bagaduce River in Brooksville to the taking of alewives by any method, to assure adequate spawning escapement and prevent overfishing. The Walker Pond "pygmy" alewife run is very small this year and even limited fishing may negatively impact the survival of this stock. The Area 1A herring fishery closure between April 26 and June 1 and effort reductions effective June 1st may result in increased fishing pressure on the alewive fishery due to a lack of fresh herring. These regulations are also proposed to repromulgate regulations enacted prior to the Administrative Procedures Act of 1979 in accordance with that Act.

EFFECTIVE DATE: June 24, 2002
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584


AGENCY: 01-016 -Maine State Harness Racing Commission

CHAPTER NUMBER AND TITLE: Ch. 1, Section 21, Breath Analyzer Test, Subsection 2.
ADOPTED RULE NUMBER: 2002-216
CONCISE SUMMARY: The Commission inserted the language regarding the Policy that had been in place for a second breath analyzer test for drivers and other licensees. Additionally, the Commission corrected a rule reference that was changed the previous year.

CHAPTER NUMBER AND TITLE: Ch. 1, Administration, Section 22, Drug Testing of Licensees, subsection 2, Drug Use Prohibited
ADOPTED RULE NUMBER: 2002-217
CONCISE SUMMARY The Commission inserted language that establishes at what limits alcohol is considered a drug within this section.

CHAPTER NUMBER AND TITLE: Ch. 3, Section 1, Officials, subsection 6.K, Claiming Procedures.
ADOPTED RULE NUMBER: 2002-218
CONCISE SUMMARY: The Commission removed the language that made reference that the Judges would be under contract to the Commission. Further, the Commission retained the language that authorized the Commission appoint the presiding and associate judges. This action allows the Commission to be in compliance with the newly enacted legislation regarding approving and appointing presiding and associate judges.

CHAPTER NUMBER AND TITLE: Ch. 3, Officials and Track Personnel - Presiding Judges and Associate Judges
ADOPTED RULE NUMBER: 2002-219
CONCISE SUMMARY: The Commission numbered the second subsection 3 to 3-A as a housekeeping measure.

CHAPTER NUMBER AND TITLE: Ch. 7, Section 6, Meeting Race Meet Standards and Maintaining Eligibility, Subsections 6, 9 and 10
ADOPTED RULE NUMBER: 2002-220
CONCISE SUMMARY: The Commission repealed subsection 6 because those horses that the rule was created for could go a regular qualifying race. Subsection 9 was changed so as not to require those horses meeting qualifying standards, but distanced two races in a row from having to go a qualifying race. Subsection 10 was changed to allow judges to determine if a horse should go a qualifying race following two judges scratches if those scratches were for a good cause.

CHAPTER NUMBER AND TITLE: Ch. 7, Racing, Section 30, Draw
ADOPTED RULE NUMBER: 2002-221
CONCISE SUMMARY: The Commission deleted a sentence that was duplicative as a housekeeping measure.

CHAPTER NUMBER AND TITLE: Ch. 7, Section 54, Racing Violations, subsection 1
ADOPTED RULE NUMBER: 2002-222
CONCISE SUMMARY The Commission changed paragraph P to allow for a reduction in the length of the whip to coincide with the industry standard. Paragraph Q was changed to allow for positive wording of the rule and to define the parameters of where the whip can be used and how far back the whip may go while in the act of whipping. Further, Paragraph Q establishes penalties for any violation of this section within a one year period. Paragraph was changed to assign a penalty for a violation of this section. Paragraph S was changed to allow whipping a horse during a race after the horse has passed the 7/8ths pole and establishes a penalty level for any violation of this section.

CHAPTER NUMBER AND TITLE: Ch. 9, Section 4, Performance Eligibility
ADOPTED RULE NUMBER: 2002-223
CONCISE SUMMARY: The commission changed this rule to correct a rule reference as a housekeeping measure.

CHAPTER NUMBER AND TITLE: Ch. 17, Section 5, Penalty Schedule
ADOPTED RULE NUMBER: 2002-224
CONCISE SUMMARY: The Commission added to subsection 2 a penalty for using a goading device. Additionally, the Commission added to subsection 4 a penalty for violating Ch. 7, Section 1, subsection 54.s. The penalties for these violations appear in the rules but not in the penalty schedules.

CHAPTER NUMBER AND TITLE: Ch. 19, Section 3, Appeals
ADOPTED RULE NUMBER: 2002-225
CONCISE SUMMARY: The Commission adopted the change from of to or as a housekeeping measure.

EFFECTIVE DATE: June 30, 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: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II, Section 80, Pharmacy Services
ADOPTED RULE NUMBER: 2002-226
CONCISE SUMMARY: The rule removes post-consumption billing provisions for pharmacies servicing nursing facilities, private non-medical institutions, intermediate care facilities for the mentally retarded, and residential care facilities, since these provisions are not cost-effective. The rule also clarifies ingredient cost calculation for compound drugs. The rule adds coverage of certain prescription drugs for specific conditions, including methamphetamine and dexr-hethylphenidate for treatment of attention deficit disorder and narcolepsy. The rule also expands coverage of prenatal vitamins to cover from prior to planned pregnancies to three months postpartum. The rule also adds prior authorization requirements for certain A-rated generic drugs designated by the Department, since these drugs are sometimes more expensive. Other edits include changing the term DEL (Drugs for the Elderly) to HMPD, since this benefit is a part of the Healthy Maine Prescriptions (HMP) benefit.
EFFECTIVE DATE: June 30, 2002
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Division of Policy & Provider Services, Bureau of Medical Services
ADDRESS: #11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9368
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #07-02
ADOPTED RULE NUMBER: 2002-227
CONCISE SUMMARY: Minimum July, 2002 Class I price is $13.87 plus $.15/cwt. Producer Cost of Production and an over order premium of $ 1.00/cwt. as being prevailing in southern New England for a total of $15.02. Class II minimums set at $11.44 which includes $.15/cwt. for Cost of Production. These changes were passed on in minimum prices. Minimum Prices can be found at http://www.maine.gov/agriculture/ahi/mmc/prihis.html
EFFECTIVE DATE: July 1, 2002
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 12-170 - Department of Labor, Bureau of Labor Standards
CHAPTER NUMBER AND TITLE: Ch. 1, Procedures and Standards for Testing Stuffing Material in Stuffed Toys
ADOPTED RULE NUMBER: 2002-228
CONCISE SUMMARY: These rules are repealed in response to 1999 PL c.731(K) which repealed the underlying statute to these rules (26 MRSA Ch. 5, Subchapters I, I-A and I-B), effective June 30, 2001.
EFFECTIVE DATE: July 1, 2002
AGENCY CONTACT PERSON: Michael V. Frett, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Hallowell, ME 04333-0045
TELEPHONE: (207) 624-6400


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