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Weekly Rulemaking Notices Contact Us Find It

July 23, 2003
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: 29-250 - Department of the Secretary of State, Bureau of Corporations, Elections and Commissions, Division of Corporations

RULE TITLE OR SUBJECT: Ch. 301, Registration of Name/Mark for Shopping Carts and Other Containers
PROPOSED RULE NUMBER: 2003-P153
CONCISE SUMMARY: Ch. 301 is being repealed since PL 1997, c. 623, 7, repealed the underlying statutory authority for this rulemaking.
STATUTORY AUTHORITY: 32 MRSA, chapter 122

RULE TITLE OR SUBJECT: Ch. 600, Rules Governing Automated Telephone Solicitation
PROPOSED RULE NUMBER: 2003-P154
CONCISE SUMMARY: Ch. 600 is being repealed since PL 19 99, c. 694, 1, repealed the underlying statutory authority for this rulemaking.
STATUTORY AUTHORITY: 10 MRSA, chapter 225

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: Friday, August 22, 2003
AGENCY CONTACT PERSON: Timothy Poulin, Director of Corporations
AGENCY NAME: Department of the Secretary of State, Bureau of Corporations, Elections and Commissions
ADDRESS: 101 State House Station, Augusta, ME 04333-0101
TELEPHONE: (207) 624-7736


AGENCY: 02-041 - Department of Professional and Financial Regulation, Office of Licensing and Registration
RULE TITLE OR SUBJECT: Ch. 10, Establishment of License Fees
PROPOSED RULE NUMBER: 2003-P155
CONCISE SUMMARY: The proposed rule adjusts fees for 9 of the 40 licensing boards and regulatory functions administered by the Office of Licensing and Registration ("OLR"). The affected programs are:
Board of Alcohol and Drug Counselors
Board of Boilers and Pressure Vessels
Charitable Solicitations Registration
Board of Complementary Health Care Providers
Manufactured Housing Board
Board of Licensure of Foresters
Board of Examiners in Physical Therapy
Board of Real Estate Appraisers
Transient Seller Registration
For the Board of Alcohol and Drug Counselors, the proposed rule amendment decreases fees for certain license categories and incorporates new license fee categories that resulted from statutory changes that become effective November 1, 2004. For the Board of Boilers and Pressure Vessels, the proposed rule establishes a fee for petitions for variance. The proposed rule reduces certain fees for the Charitable Solicitation registration and the Board of Complementary Health Care Providers, and increases fees for the Board of Professional Foresters, Physical Therapy and Real Estate Appraisers. The proposed rule clarifies the fees associated with the Transient Seller Registration. The proposed rule transfers the fee-setting function for manufactured housing licensees from the Manufactured Housing Board to OLR. Manufactured housing fee amounts are not changed, and several obsolete manufactured housing fees not currently charged are deleted.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY 10 MRSA 8003(2-A)(D) and (E)
PUBLIC HEARING: August 11, 2003, 9:00 a.m., Kennebec Room, Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: August 21, 2003
AGENCY CONTACT PERSON: Anne L. Head, Director
AGENCY NAME: Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8633


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 26.05(B), Sea Urchin Drag Regulation, Escape Panel - Zone 2
PROPOSED RULE NUMBER: 2003-P156
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA 6171 and 6749-C this regulation would require all Zone 2 Urchin Draggers to use urchins drags with an escape panel of 2-inch mesh installed in the top side of the drag. The Sea Urchin Zone Council has recommended this proposed regulation to the Commissioner.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171 and 6749-C
PUBLIC HEARING: Monday, August 11, 2003, 6:00 p.m., University of Maine, 9 O'Brien Avenue, Science Building Lecture Hall Room 102, Machias
DEADLINE FOR COMMENTS: Thursday, August 21, 2003
AGENCY CONTACT PERSON: Margaret Hunter
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) 633-9500
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: 17-229 - Department of Transportation
RULE TITLE OR SUBJECT: Amendment to Rule Number 17-229 Ch. 299, Highway Driveway and Entrance Rules
PROPOSED RULE NUMBER: 2003-P157
CONCISE SUMMARY: This amendment to the Maine Department of Transportation's Rules is intended to clarify certain administrative provisions and increase flexibility of the rule to allow more predictability in terms of permit issuance.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 23 MRSA 704, 23 MRSA 52 and 23 MRSA 4206(5)
PUBLIC HEARING): None
DEADLINE FOR COMMENTS: August 22, 2003
AGENCY CONTACT PERSON: Kathy Fuller
AGENCY NAME: Department of Transportation
ADDRESS: Office of 16 State House Station, Augusta ME 04333-0016
TELEPHONE: (207) 624-3281


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 1, Open Water and Ice Fishing, Regulations
PROPOSED RULE NUMBER: 2003-P159
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing regulation changes for the upcoming ice fishing and open water fishing seasons. These regulations are needed to provide for the effective conservation of Maine's inland fisheries, and enhance fishing opportunities throughout the State. Waters with proposals being discussed at public hearings are listed below. A list of all proposals being considered (with and without public hearing) may be obtained from the Agency Contact Person listed below. Written comments may be submitted on any of the proposals on that list.
STATUTORY AUTHORITY: 12 MRSA 7035
PUBLIC HEARINGS:
Rangeley Lakes Regional School, Loon Lake Road, Rangeley -August 11, 2003 - 6:30 p.m.: Rapid River, Twp. C, Upton; Pond in the River, Twp. C, C Surplus, Upton; Kennebago Lake, Davis Twp.; Long Pond, Twps. D & E; B Pond, Upton
Ellsworth City Hall Auditorium, One City Hall Plaza, Ellsworth, August 12, 2003 - 6:30 p.m.: Green Lake, Tunk Lake, Lower Tunk Lake, Bubble Pond, Toddy Pond, Hamilton Pond
Skowhegan Community Center, Poulin Drive (off W Front Street), Skowhegan -- August 14, 2003 - 6:30 p.m.: Kennebec River, Upper and Lower Sections; Horseshoe Pond, East Moxie; Embden Pond, Embden; Long Pond, Belgrade
DEADLINE FOR COMMENTS: September 12, 2003
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
E-MAIL: andrea.erskine@maine.gov


AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. 36, Maine Farms For The Future Program
RULE NUMBER: 2003-P160
CONCISE SUMMARY: This chapter amends the rules governing administration of the Maine Farms For The Future program. The program assists farm businesses, who are under pressure of closing due to adjacent development, in making and implementing business plans to keep the farm economically viable. The program develops a list of service providers who may help the farm, establishes what the farm must do to develop and implement a business plan, as well as establishes the criteria and selection process to access grant funds in exchange for entering into farmland protection agreements with the State, The rule amendment removes the requirement for a farm to enter into a farmland protection agreement for business planning support. The rule also eliminates the requirement to add development pressure as a criteria for selecting a farm for either business planning grants or investment support. The point system established for scoring applications was adjusted accordingly for the remaining selection criteria.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA Ch. 10-B
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: 5:00 p.m., Monday, August 25th, 2003
AGENCY CONTACT PERSON: Mary Ellen Johnston, Director, Division of Market and Production Development, Department of Agriculture, Food and Rural Resources, 28 State House Station, AMHI Annex, Augusta, ME 04333-0028
TELEPHONE: (207) 287-3491
FAX: (207) 287-5576


ADOPTIONS

AGENCY: 90-590 - Maine Health Data Organization
CHAPTER NUMBER AND TITLE: Ch. 120, Release of Information to the Public
ADOPTED RULE NUMBER: 2003-244
CONCISE SUMMARY: This chapter provides for the manner and extent to which information submitted to or assembled by the MHDO or its predecessor agencies is made accessible to the public. The purpose of amending this Ch. is to bring the language of the rule into conformity with PL 2001, Ch. 457, to define the scope of the exceptions to the Freedom of Access Law, to clarify the definitions as to what constitutes confidential data, and to provide for the opportunity for data providers and members of the public to review and comment on the release of data by the MHDO.
EFFECTIVE DATE: August 9, 2003
AGENCY CONTACT PERSON: Alan M. Prysunka, Executive Director
AGENCY NAME: Maine Health Data Organization
ADDRESS: 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102
TELEPHONE: (207) 287-6722


AGENCY: 65-407 - Public Utilities Commission

CHAPTER NUMBER AND TITLE: Ch. 212, Exemption of Competitive Telecommunications Carriers from Certain Filing and Approval Requirements
ADOPTED RULE NUMBER: 2003-245
CONCISE SUMMARY: This rule exempts competitive LEC's and competitive IXC's from Title 35-A MRSA 504(2), 901-904, 907, 908, 910, 911, 1101 & 1103.

CHAPTER NUMBER AND TITLE: Ch. 280, Provision of Competitive Telecommunications Services
ADOPTED RULE NUMBER: 2003-246
CONCISE SUMMARY: This rulemaking proposes to amend Section 13 of Ch. 280. The sole function of Section 13 was to provide notice to competitive IXC's and CLEC's about the approval requirements of Ch. 9 and 11, Ch. 212 waives those requirements for all those carriers. If retained, Section 13 of Ch. 280 would be misleading.

EFFECTIVE DATE: July 22, 2003
AGENCY CONTACT PERSON: Paula J Cyr
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831


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