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Weekly Rulemaking Notices Contact Us Find It

July 30, 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: 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 23, 2003
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 redhead ducks.
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 more teal.
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 25, 2003.
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 limit: 4.
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 28, 2004
Falconry season daily bag and possession limits for all permitted migratory game birds shall not exceed 3 and 6 birds respectively, singly or in the aggregate.
7) Sea Ducks (scoter, eider, long-tailed duck): October 1, 2003 through January 20, 2004 Daily limit: 7; possession limit: 14 with following exceptions:
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 Person.
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
E-MAIL: andrea.erskine@maine.gov
TELEPHONE: (207) 287-5201


AGENCY: 04-059 - Department of Conservation, Bureau of Parks and Lands
RULE TITLE OR SUBJECT: Ch. 2, Rules and Regulations for the Allagash Wilderness Waterway
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


ADOPTIONS

AGENCY: 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


AGENCY: 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


AGENCY: 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 documents.
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)


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #08-03
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


AGENCY: 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 Services
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


AGENCY: 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


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