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Weekly Rulemaking Notices Contact Us Find It

September 17, 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: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 37, Energy Conservation Adjustment for Electric Utilities
PROPOSED RULE NUMBER: 2003-P216
CONCISE SUMMARY: This law requires the Commission to develop and administer conservation programs funded through assessments on T&D utilities. Since T&D utilities are no longer administering conservation programs, the Commission proposed repealing Ch. 37, as it is no longer needed.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA 104, 111
PUBLIC HEARING: None Scheduled; one may be requested.
DEADLINE FOR COMMENTS: October 17, 2003
AGENCY CONTACT PERSON: Paula J Cyr
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: (207) 287-3831


AGENCY: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 202, Tree Growth Tax Law Valuations - 2004
PROPOSED RULE NUMBER: 2003-P217
CONCISE SUMMARY: This rule fulfills the requirement that the Executive Director annually establish the 100% valuations per acre for each forest type by economic region for parcels classified under the Tree Growth Tax Law. This rule is applicable for tax year 2004.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 36 MRSA 576
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: October 17, 2003
AGENCY CONTACT PERSON: Larry Record, Director
ADDRESS: Property Tax Division, PO Box 9106, Augusta, Maine 04332-9106
PHONE NUMBER: (207) 287-2013


AGENCY: 94-411 - Maine State Retirement System
RULE TITLE OR SUBJECT: Ch. 803, Participating Local District Consolidated Retirement Plan
PROPOSED RULE NUMBER: 2003-P219
CONCISE SUMMARY: This rule governs the Consolidated Plan for Participating Local Districts. The proposed amendments modify specific provisions of the disability retirement plan by which plan participants are covered, bring State law into compliance with federal law as to the continued earning of service when a member is on a leave of absence in order to serve in the military, further clarify the terms that apply when a member retires and subsequently returns to work, and make other clarifications and corrections to the rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 17103, sub-4 and 18801 et seq.
PUBLIC HEARING: October 9, 2003; 9:05 a.m., Maine State Retirement System, Second Floor Conference Room, Two Central Plaza, Augusta, Maine 04333
DEADLINE FOR COMMENTS: October 20, 2003
AGENCY CONTACT PERSON: Kathy Morin
AGENCY NAME: Maine State Retirement System
ADDRESS: 46 State House Station, Augusta, ME 04333-0046
TELEPHONE: (207) 287-3461 or (800) 451-9800


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting: (4.06, Wild Turkey Hunting Season)
PROPOSED RULE NUMBER: 2003-P220
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt a rule amending the wild turkey hunting season as follows establishing the dates for the split season to occur as follows: Season A: May 3, 2004 - May 8, 2004 and May 24, 2004 - May 29, 2004; Season B: May 10, 2004 - May l5, 2004 and May l7 - May 22, 2004; All permit holders: May 3l - June 5, 2004. (Permittees who have not taken a turkey during their designated season will be allowed to hunt during the last week of the season). The rule also increases the number of permits from 12,000 to 15,600 (7,800 in Season A and 7,800 in Season B. In addition, the Department is proposing to establish a Youth Spring Wild Turkey Hunting Day, similar to the youth deer and waterfowl hunting days. This will occur on the Saturday preceding the opening day of Season A (May 2, 2004 ). A detailed copy of the proposed rule may be obtained from the agency contact person listed below.
STATUTORY AUTHORITY: 12 MRSA 7035, 7468
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: October 17, 2003
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
E-MAIL: andrea.erskine@maine.gov


AGENCY: 95-592 - Small Enterprise Growth Fund Board
RULE TITLE OR SUBJECT: Ch. 701, Amendment 4; Small Enterprise Growth Program
PROPOSED RULE NUMBER: 2003- P221
CONCISE SUMMARY: The rule amendment changes the basis on which an applicant's gross annual sales are measured from "most recent fiscal year" to "most recent 12 months in which financial statements meeting the Board's requirements are available."
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 385
PUBLIC HEARING: None unless requested by 5 or more interested parties.
DEADLINE FOR COMMENTS: Written comments will be accepted on or before October 17, 2003.
AGENCY CONTACT PERSON: Katryn Gabrielson, Counsel to the Board, c/o Finance Authority of Maine, P.O. Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715
FAX: (207) 623-0095


ADOPTIONS

AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 2, Rules for the Award of Contracts for Services for the Student Loan Secondary Market Loan Purchase Program
ADOPTED RULE NUMBER: 2003-313
CONCISE SUMMARY: This chapter outlines the procedures to be used in the awarding of contracts for necessary services pursuant to 20-A MRSA 11407(5).
EFFECTIVE DATE: September 10, 2003
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, P.O. Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering, Radiation Control Program
CHAPTER NUMBER AND TITLE: Ch. 220, Rules Relating to Radiation Protection
ADOPTED RULE NUMBER: 2003-314
CONCISE SUMMARY: The proposed revision to the current State of Maine Regulations Relating to Radiation Protection makes the State compatible with the Federal Nuclear Regulatory Commission and the Suggested State Radiation Control Statutes of the Conference of Radiation Control Program Directors.
EFFECTIVE DATE: October 1, 2003
AGENCY CONTACT PERSON:
NAME: Jay C. Hyland, P.E., Manager, Radiation Control Program
ADDRESS: State House, Station 11, Augusta, Maine 04333-0011
PHONE: (207) 287-5676


AGENCY: 10-148 - Department of Human Services, Bureau of Child and Family Services
CHAPTER NUMBER AND TITLE: Ch. 13, Rules for the Adoption Assistance Program (EMERGENCY)
ADOPTED RULE NUMBER: 2003-315
CONCISE SUMMARY: The rules establishing the eligibility requirements and amount of Adoption Assistance available to adoptive families titled, "Rules for the Adoption Assistance Program" (effective February 15, 1996) require revision to support the State's compliance with Title IVE. These rules describe the terms of the agreement between the family and the State and the procedures for applying to the Adoption Assistance Program. The major changes include:
* Changes in the eligibility in legal risk placements, identifying children as eligible for Adoption Assistance as those children who are legally free for adoption.
* Changes that reflect the discontinued use of the Request for Special Foster Family Rate form as part of the Adoption Assistance application process.
* A change that reflects the availability of the Fair Hearing Process in requests for retroactive Adoption Assistance.
* The inclusion of a statement of Responsibility of States in Interjurisdictional Adoptions.
EFFECTIVE DATE: September 10, 2003
AGENCY CONTACT PERSON: Virginia S. Marriner
AGENCY NAME: Department of Human Services, Bureau of Child and Family Services
ADDRESS: 221 State Street - Station 11, Augusta, ME 04333
TELEPHONE: (207) 287-5060
TTY: (207) 287-5048


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