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Weekly Rulemaking Notices Contact Us Find It

August 21, 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: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 24.21(J), Restrictions on Vessel & Equipment Movement
PROPOSED RULE NUMBER: 2002-P211
CONCISE SUMMARY: The proposed regulations would adopt, through the regular rule-making process, changes that become effective with the adoption of identical emergency rules establishing control measures to reduce the risk factors for the spread of ISAv through stringent biosecurity measures involving the restriction of vessel and equipment movement in Maine waters. The proposed regulations would add additional restrictions on the movement of vessels, service equipment, and net pens to those imposed in September 2001. The new control measures would stipulate that no aquaculture vessel, service equipment or net-pen may transit into the restricted zone from confirmed or suspected ISA-positive sites or bay management areas without verification by the Department that a complete disinfection has occurred including below the water line. The disinfection protocols developed by the Maine Aquaculture Association are the minimum routine standards to be followed. Logs of sites serviced and disinfection dates must be maintained by a vessel operator and would be verified by Department officials as to the disease status of those sites and any aquaculture vessel transporting fish harvested as a result of an ISA outbreak cannot move into or out of the restricted zone without an authorization by the Department.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, September 20, 2002
AGENCY CONTACT PERSON: Andrew C. Fisk
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6664
TTY: (207) 287-4474 (Deaf/Hard of Hearing)
WEB SITE: www. state. me. us/dmr/rulemaking


AGENCY: 03-201 - Department of Corrections

CHAPTER NUMBER AND TITLE: Ch. 10, Subsection 29.2, Policy and Procedures Manual: Client Grievance Rights, Grievance Process, Medical and Mental Health Care
PROPOSED RULE NUMBER: 2002-P212
CONCISE SUMMARY: Designate the medical and mental health care issue adult grievance process for the purposes of maintaining the orderly management and promoting safety and security for the MDOC adult correctional facilities.

CHAPTER NUMBER AND TITLE: Ch. 10, Subsection 29.1, Policy and Procedures Manual: Client Grievance Rights, Grievance Process, General
PROPOSED RULE NUMBER: 2002-P213
CONCISE SUMMARY: Designate the general issue adult grievance process for the purposes of maintaining the orderly management and promoting safety and security for the MDOC adult correctional facilities.

THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-A MRSA 1203(3)(B) and 1402(5)
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: September 25, 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: 02-386 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Board of Elevator and Tramway Safety
RULE TITLE OR SUBJECT:
Repeal and Replace Ch. 1, Definitions
New Ch. 3, Variances
New Ch. 5, Board Meetings
New Ch. 7, Advisory Rulings
New Ch. 11, National Codes Applicable to Elevators and Tramways
New Ch. 13, Elevators
New Ch. 15, Tramways
New Ch. 21, Elevator Owners' Duties and Responsibilities New Ch. 23, Tramway Owners' Duties and Responsibilities
New Ch. 31, Licensed Private Elevator Inspectors
New Ch. 33, Licensed Private Tramway Inspectors
New Ch. 35, Licensed Wire Rope Inspectors
New Ch. 37, Licensed Elevator Mechanics
New Ch. 39, Licensed Lift Mechanics
New Ch. 41, Elevator Contractors
Repeal Ch. 2, Rules for All Elevators, Manlifts and Escalators
Repeal Ch. 3, Rules for New Elevator Installations
Repeal Ch. 4, Rules for Existing Elevator Installations
Repeal Ch. 5, Rules for Escalator & Moving Walks Installations
Repeal Ch. 6, Rules for Manlift Installations
Repeal Ch. 7, Tramway Rules
Repeal Ch. 8, Elevator Inspectors
Repeal Ch. 9, Tramway Inspectors
Repeal Ch. 10, Wire Rope Inspectors
Repeal Ch. 11, Elevator Mechanics
Repeal Ch. 13, General Information
Repeal Ch. 14, Complaints, Investigations and Adjudicatory Hearings
Repeal Ch. 15, Fees
PROPOSED RULE NUMBER: 2002-P214
CONCISE SUMMARY: The proposed rules have been completely rewritten from the rules that are presently adopted by the Board. The proposed rules:
1 . Define terms that are used in the rules adopted by the Board and terms used in Title 32, Ch. 133, but not defined by statute.
2. Prescribe procedures for the filing of a petition for a variance.
3. Establish procedures for meetings of the Board.
4. Establish requirements and guidelines for the Board's discretionary issuance of advisory rulings.
5. Adopts by reference the national safety codes and standards that apply to elevators and tramways installed in the State of Maine.
6. Establishes specific requirements for elevators and tramways in addition to those established in Title 32, Ch. 133, and the national codes adopted by reference.
7. Establishes general duties and responsibilities of owners of elevators and tramways.
8. Establishes requirements for initial and annual licensure of private elevator inspectors, private tramway inspectors, private wire rope inspectors, elevator mechanics, and lift mechanics.
9. Establishes requirements for inspections and reports of inspections of elevators and tramways and standards for audits of inspections and inspection reports.
10. Requires that those engaged in the installation, sale, service, maintenance or inspection of elevators in Maine register with the Board annually.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 32 MRSA 15206(l)
PUBLIC HEARING: Tuesday, September 10, 2002, 9:00 a.m., Department of Professional and Financial Regulation, Central Conference Room, Gardiner Annex, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR WRITTEN COMMENTS: September 18, 2002
AGENCY CONTACT PERSON:
NAMIE: Cheryl Hersom, Board Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8605


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: Furbearing Animals (Beaver Trapping Seasons and Closures)
PROPOSED RULE NUMBER: 2002-P215
CONCISE, SUMMARY: The Department of Inland Fisheries and Wildlife proposes to adopt the following amendments to the regulations pertaining to trapping Furbearing Animals: The season dates for beaver trapping in Wildlife Management Districts 12, 15, 16, 17 and 23 will change from December 15 to December 1 (all other season dates remain the same as last year). During the open season for beaver trapping in any of the thirty wildlife management districts, certain townships may be restricted by one of the following provisions:
(1) Town open to beaver trapping with certain specified areas closed;
(2) Town closed to beaver trapping with certain specified areas open;
(3) Town closed to all beaver trapping; or
(4) Town open to all beaver trapping.
A copy of the proposed beaver season rule may be obtained from the Agency Contact Person and Regional Wildlife or Warden Service offices.
STATUTORY AUTHORITY: 12 MRSA 7035
PUBLIC HEARINGS: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: September 20, 2002
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, #41 State House Station, Augusta, ME 04333-0041
E-MAIL TO: Andrea.Erskinc@maine.gov


ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 24.21(J) (EMERGENCY) - Restrictions on Vessel & Equipment MovementADOPTED RULE NUMBER: 2002-306
CONCISE SUMMARY: These emergency regulations are control measures intended to reduce the risk factors for the spread of ISAv through stringent biosecurity measures involving the restriction of vessel and equipment movement in Maine waters. These regulations add additional restrictions on the movement of vessels, service equipment, and net pens to those imposed in September 2001. The new control measures stipulate that: No aquaculture vessel, service equipment or net-pen may transit into the restricted zone from confirmed or suspected ISA-positive sites or bay management areas without verification by the Department that a complete disinfection has occurred including below the water line. The disinfection protocols developed by the Maine Aquaculture Association are the minimum routine standards to be followed. Logs of sites serviced and disinfection dates must be maintained by a vessel operator and will be verified by Department officials as to the disease status of those sites and any aquaculture vessel transporting fish harvested as a result of an ISA outbreak cannot move into or out of the restricted zone without an authorization by the Department.
EFFECTIVE DATE: August 21, 2002
AGENCY CONTACT PERSON: Andrew C. Fisk
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6554
TTY: (207) 287-4474 (Deaf/Hard of Hearing)
WEB SITE: www.maine.gov/dmr/rulemaking


AGENCY: 05-071 - Department of Education
CHAPTER NUMBER AND TITLE: Ch. 127, Instructional Program, Assessment, and Diploma Requirements
ADOPTED RULE NUMEBER: 2002-307
CONCISE SUMMARY: This rule applies to all public schools and to schools that are approved by the Department of Education. The rule clarifies instructional program requirements in alignment with the system of Learning Results. This includes general requirements for all grades in all school administrative units, as well as those that apply to elementary, middle, and secondary schools. It establishes the process and timeframe for review of the content standards and performance indicators of the system of Learning Results. The rule establishes standards for local assessment systems to measure student and school performance on the content standards of the system of Learning Results. It specifies the timelines for implementation of local assessment systems and requirements for action by school boards and superintendents. The rule specifies the requirements for school administrative units to award a diploma to a student upon completion of secondary school, and the. conditions under which a diploma can be awarded when the student has not completed secondary school. The rule provides the framework for the Commissioner to provide assistance to school administrative units based on the performance of students in the schools of the unit. The rule provides the conditions under which the Commissioner is permitted to grant a waiver to provisions of the rule.
EFFECTIVE DATE: September 11, 2002
AGENCY CONTACT PERSON: Dr. Judith Lucarelli
AGENCYNANW: Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6620


AGENCY: 16-219 - Office of State Fire Marshal
CHAPTER NUMBER AND TITLE: Rules of the State Fire Marshal
ADOPTED RULE NUMBER: 2002-308 through 2002-320
CONCISE SUMMARY: The following changes are being adopted:
Ch. 1, Fee Schedules - Chapter consolidations
Ch. 2, Smoke Detectors - Repeal Listing
Ch. 3, Fire Prevention Code - NFPA #1 Adoption
Incorporated Reference Updates:
NFPA #12, Carbon Dioxide Extinguishing Systems, 2000 Edition
NFPA #15, Water Spray Fixed Systems for Fire Protection, 2001 Edition
NFPA #30, Flammable and Combustible Liquids Code, 2000 Edition
NFPA #30A, Code for Motor Fuel Dispensing Facilities and Repair Garages, 2000 Edition
NFPA #30B, Code for the Manufacture and Storage of Aerosol Products, 2002 Edition
NFPA #58, Liquefied Petroleum Gas Code, 2001 Edition
NFPA #59, Utility LP-Gas Plant Code, 2001 Edition
NFPA #96, Ventilation Control & Fire Protection of Commercial Cooking Operations, 2001 Edition
NFPA #160, Flame Effects before an Audience, 2001 Edition
NFPA # 211, Chimneys, Fireplaces, Vents and Solid Fuel-Burning Appliances, 2000 Edition
NFPA # 385, Standard for Tank Vehicles for Flammable and Combustible Liquids, 2000 Edition
NFPA #409, Standard for Aircraft Hangers, 2001 Edition
NFPA #495, Explosive Materials Code, 2001 Edition
NFPA #1126, Use of Pyrotechnics before a Proximate Audience, 2001 Edition
NFPA # 2001, Clean Agent Extinguishing Systems, 2000 Edition
Ch. 247, Fee Schedule - Sprinkler Systems to Ch. 1 - Repeal Ch. 247
Ch. 249, Fee Schedule - Barrier Free Construction to Ch. 1 - Repeal Ch. 249
EFFECTIVE DATE: August 17, 2002
AGENCY CONTACT PERSON: Joseph E. Thomas, Planning and Research
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 52 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8963


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (formerly known as Maine Medical Assistance Manual): Ch. II, Section 67, Nursing Facility Services.
ADOPTED RULE NUMBER: 2002-321
CONCISE SUMMARY: Adopted changes update and clarify requirements related to medical assessment, eligibility criteria, NF closures, and covered services for members classified for NF-Brain Injury services. Two appendices are deleted. Adopted changes also include new terms such as MaineCare and member.
EFFECTIVE DATE: August 19, 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


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