July 30, 2003
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/.
09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: Migratory
Bird Hunting Season
PROPOSED RULE NUMBER: 2003-P158
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has
scheduled a public hearing to consider adoption of the following rules
pertaining to season dates, bag limits and shooting hours for the hunting
of ducks, geese and other migratory game birds (subject to change
to comply with final federal guidelines published in September).
1) Ducks (except Black Ducks): NORTH ZONE: October 1 through
December 9, 2003. SOUTH ZONE: October 1 through October 18, 2003; November
3 through December 23, 2003
Black Duck Season: NORTH ZONE: October 4 through December 9, 2003. SOUTH
ZONE: October 4 through October 18, 2003; November 3 through December
Daily Limit: 4; Possession Limit: 8 with the following exceptions:
a. From October 1-3, NO BLACK DUCKS MAY BE TAKEN.
b. Closed season for Harlequin ducks.
c. Daily limit: 1; possession limit: 2 for black ducks, pintail, canvasback
(Oct. 1 - Oct. 18 only), mottled ducks and fulvous tree ducks.
d. Daily limit: 2; possession limit: 4 for hen mallard, wood ducks and
e. In addition to the daily limit of 4, two (2) additional teal may
be taken per day (either blue-winged teal or green-winged teal). NOTE:
A possession limit of 12 is permitted providing that it includes 4 or
f. Daily limit: 3; possession limit: 6 for scaup.
2) Mergansers and American coots: SEASON SAME AS DUCKS.
Daily limit: 5; possession limit: 10 with the following exceptions:
a. Hooded mergansers: daily limit: 1; possession limit: 2.
3) Canada Geese (Special Early Season): September 2 through September
Daily limit: 3; possession limit: 6.
Regular Goose Season - NORTH ZONE: October 1 through December 9, 2003.
SOUTH ZONE: October 1 through November 1, 2003; November 17 through
December 23, 2003
Daily limit: 2; possession limit: 4
4) Snow Geese: October 1, 2003 - January 31, 2004. Daily limit:
15; no possession limit.
5) Brant: October 1 - November 27, 2003. Daily limit: 2; possession
6) Special Falconry Season: In addition to the regular migratory
bird season on ducks, mergansers, American coots: NORTH ZONE: December
10, 2003 - January 31, 2004. SOUTH ZONE: January 5, 2004 - February
Falconry season daily bag and possession limits for all permitted migratory
game birds shall not exceed 3 and 6 birds respectively, singly or in
7) Sea Ducks (scoter, eider, long-tailed duck): October 1, 2003
through January 20, 2004 Daily limit: 7; possession limit: 14 with following
Scoter (Sea Coot): daily limit: 4; possession limit: 8.
Common Eider: daily limit: 5; possession limit: 10.
8) Woodcock: October 1 through October 25, 2003 and October 27
through October 31, 2003. Daily limit: 3. possession limit: 6.
9) Youth Waterfowl Hunt: September 20, 2003. Bag limits as above
except that youth hunters may take 1 black duck. Special regulations
will apply to youth and accompanying adult.
Copies of the proposed rules may be obtained from the Agency Contact
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 12 MRSA §§ 7035 and 7456
PUBLIC HEARING: August 20, 2003 at 6:30 p.m. at the Augusta Civic Center,
Civic Center Drive, Augusta, ME
DEADLINE FOR COMMENTS: August 20, 2003
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife,
#41 State House Station, 284 State Street, Augusta, ME 04333
TELEPHONE: (207) 287-5201
04-059 - Department of Conservation, Bureau of Parks and Lands
RULE TITLE OR SUBJECT: Ch. 2, Rules and Regulations for the Allagash
PROPOSED RULE NUMBER: 2003-P161
CONCISE SUMMARY: The rules for public recreational use of the Allagash
Wilderness Waterway are being amended to:
* rephrase certain rules to make the intent clearer and the wording
consistent with "core rules" for the other lands in the bureau's jurisdiction;
* adopt new rules to ensure proper management of the Waterway as a result
of staff recommendations, certain policies of the management plan adopted
in 1999, and recent agreements concerning access reached among stakeholders
and others at the River Driver's Retreat.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA § 1803.6
PUBLIC HEARING: August 19th, 7-9 p.m., Black Bear Inn and Conference
Center, Orono, Maine
DEADLINE FOR COMMENTS: August 29, 2003
AGENCY CONTACT PERSON: Karin Tilberg, Deputy Commissioner
AGENCY NAME: Maine Department of Conservation
ADDRESS: State House Station #22, Augusta, Me 04333
TELEPHONE: (207) 287-4901
29-250 - Department of the Secretary of State, Bureau of Corporations,
Elections and Commissions, Division of Elections and Commissions
CHAPTER NUMBER AND TITLE: Ch. 510, Administrative Complaint Procedure
for Title III of the Help America Vote Act of 2002 (HAVA)
ADOPTED RULE NUMBER: 2003-247
CONCISE SUMMARY: This new rule establishes an Administrative Complaint
Procedure as required by the Help America Vote Act of 2002 (HAVA). The
rule describes the procedure for the Secretary of State to follow in
resolving complaints of alleged violations of Title III of HAVA.
EFFECTIVE DATE: July 26, 2003
AGENCY CONTACT PERSON: Julie L. Flynn
AGENCY NAME: Department of the Secretary of State, Bureau of Corporations,
Elections and Commissions
ADDRESS: 101 State House Station, Augusta, ME 04333-0101
TELEPHONE: (2O7) 624-7734
90-590 - Maine Health Data Organization
CHAPTER NUMBER AND TITLE: Ch. 10, Determination of Assessments
ADOPTED RULE NUMBER: 2003-249
CONCISE SUMMARY: This rule, as amended, identifies those health care
providers, health insurance entities, carriers that provide only administrative
services for a plan sponsor, and third-party administrators required
to pay annual assessments for the operational costs, which include staff
salaries, administrative expenses, data system expenses, and consulting
fees, of the Maine Health Data Organization. This rule also establishes
the process for determining the individual assessments for each entity
and the timetable for payment.
EFFECTIVE DATE: July 26, 2003
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
10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual:
Ch. III Section 50, Principles of Reimbursement for Intermediate
Care Facilities for the Mentally Retarded
ADOPTED RULE NUMBER: 2003-250
CONCISE SUMMARY: This rule made permanent the emergency rule that went
into effect on May 6, 2003 that allowed the Health Care Provider Tax,
as defined in 36 MRSA §2872, to be considered an allowable expense in
the annual Intermediate Care Facility for the Mentally Retarded (ICF-MR)
cost settlement calculations. It also eliminated bonus payments awarded
to the more cost-effective ICFs-MR, eliminated obsolete language regarding
rate-setting for in-house day habilitation services which are no longer
provided by any ICF-MR, and made numerous wording changes stemming from
the changeover in program title from "Medicaid" to "MaineCare."
See http://www.maine.gov/bms/rulemaking for rules and related rulemaking
EFFECTIVE DATE: August 1, 2003
AGENCY CONTACT PERSON: Robert Gross, Medical Care Administrator
AGENCY NAME: Division of Policy & Provider Services
ADDRESS: Bureau of Medical Services, 11 State House Station, 442 Civic
Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9366
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices -
ADOPTED RULE NUMBER: 2003-251
CONCISE SUMMARY: Minimum August, 2003 Class I price is $14.22 plus $1.04/cwt.
for Producer Margins and an over order premium of $ 1.10/cwt. as being
prevailing in southern New England for a total of $16.36. Class II minimums
set at $10.61 for June, 2003, which includes $0.15/cwt. for Producer
Margins. 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: August 1, 2003
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission,
Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741
10-149 - Department of Human Services, Bureau of Elder and Adult
Services, Assisted Living, Licensing Services
CHAPTER NUMBER AND TITLE: Ch. 113, Regulations Governing Licensing
and Functioning of Assisted Housing Programs
ADOPTED RULE NUMBER: 2003-252
CONCISE SUMMARY: Pursuant to PL 596 and to respond to suggestions made
by consumers and providers, Ch. 113 will be repealed and replaced with
revised sets of Regulations Governing the Licensing of Assisted Housing
Programs. The new chapter will consist of the following sections titled
Levels: Assisted Living Programs (independent Housing with Services
and Assisted Living Facilities [formerly Congregate Housing]); Level
I (one to two bed homes [formerly Level I, one and two beds]); Level
II (three to six beds [formerly three to six beds]); Level III (three
to six beds [formerly Level I Plus]; and Level IV (more than 7 beds)
[formerly know as Level II]. Repeals 10-144 CMR c.113 and c.121.
EFFECTIVE DATE: September 1, 2003
AGENCY CONTACT PERSON: Peter Mauro, Jr., Director, Assisted Living Licensing
AGENCY NAME: Bureau of Elder and Adult Services
ADDRESS: #11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5250
TOLL FREE: (800) 791-4080
TOLL FREE TTY: (888) 720-1925
10-144 - Department of Human Services, Bureau of Health
CHAPTER NUMBER AND TITLE: Ch. 249, Rules Relating to Smoking
in Public Places
ADOPTED RULE NUMBER: 2003-253
CONCISE SUMMARY: These rules clarify the requirements for complying
with the law regarding smoking in public places.
EFFECTIVE DATE: July 29, 2003
AGENCY CONTACT PERSON: MaryBeth Welton
AGENCY NAME: Partnership for a Tobacco-Free Maine, Bureau of Health,
Department of Human Services
ADDRESS: Key Plaza, 4th Floor, State House Station 11, Augusta, ME 04333
TELEPHONE: (207) 287-5381
of the Secretary of State