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Weekly Rulemaking Notices Contact Us Find It

October 8, 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: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance

RULE TITLE OR SUBJECT: Ch. 425, Long Term Care
PROPOSED RULE NUMBER: 2003-232
CONCISE SUMMARY: The purposes of this rule are to implement the Long-Term Care Insurance law, 24-A MRSA 5071-5080, to promote the public interest, to increase the availability of long-term care insurance coverage, to protect applicants for long-term care insurance from unfair or deceptive sales and enrollment practices, to facilitate public understanding and comparison of long-term care coverages, and to encourage flexibility and innovation in the development of long-term care insurance.
STATUTORY AUTHORITY: The Superintendent of Insurance (the superintendent) adopts this rule pursuant to the authority vested in him by 24 MRSA 2316 and 2321 and by 24-A MRSA 212, 2412, 2413, 2414, 2736,-5071, 5072, 5073, 5074, 5075, 5077, 5078 and 5080.

RULE TITLE OR SUBJECT: Ch. 420, Nursing Home Care Insurance and Long-Term Care Insurance
PROPOSED RULE NUMBER: 2003-P233
CONCISE SUMMARY: The replacement of Ch. 420 is intended to set forth ongoing loss ratio standards applicable to long term care insurance policies issued prior to the effective date of Ch. 425.
STATUTORY AUTHORITY: Ch. 420 is proposed in accordance with 24-A MRSA 212, 5052, 5053 and 5078.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:
PUBLIC HEARING: October 27, 2003 at 1:00 p.m. in Room # 209 of the Burton M. Cross State Office Building located at 111 Sewall Street. Augusta, Maine
DEADLINE FOR COMMENTS: November 7, 2003, 5:00 p.m.
AGENCY CONTACT PERSON: Jennifer Rice, Maine Bureau of Insurance, 34 State House Station, Augusta ME 04333
TELEPHONE: (207) 624-8460


AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. 32, Rules for Operation of Agricultural Marketing Loan Fund (Amendment 5)
PROPOSED RULE NUMBER: 2003-P234
CONCISE SUMMARY: This amendment makes changes required by PL 2003 c. 168, by expanding the percentage of the total project costs that can be financed with Program loans, and by lowering the required equity component in larger project loans.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 12, 435
PUBLIC HEARING: None; one would be scheduled at the request of 5 or more persons.
DEADLINE FOR COMMENTS: November 8, 2003
AGENCY CONTACT PERSON: Ned Porter, Department of Agriculture, Food and Rural Resources, 28 State House Station, AMHI Annex, Augusta, ME 04333-0028
TELEPHONE: (207) 287-3871
FAX: (207) 287-5576


AGENCY: 13-188 - Department of Marine Resources

RULE TITLE OR SUBJECT: Ch. 25.90(D)(1) and (3), Swans Island Area Lobster Trap Regulation - Tags, Trap limit and Lost Tag Replacement
PROPOSED RULE NUMBER: 2003-P235
CONCISE SUMMARY: The proposed regulations for the Swans Island Area Trap Regulations would be amended to increase the trap limit from 475 to 550 with replacement tags held in escrow. The Swans Island Area Local Committee in accordance with Ch. 25.90 has recommended these amendments to the Commissioner for consideration.
PUBLIC HEARINGS:
Monday, October 27, 2003, 1:30 p.m., Swans Island Fire Station, Swans Island
Tuesday, October 28, 2003, 7:30 p.m., Deer Isle Town Hall, Church Street, Deer Isle

RULE TITLE OR SUBJECT: Ch. 25.90, Swans Island Area Lobster Trap Regulation
PROPOSED RULE NUMBER: 2003-P237
CONCISE SUMMARY: The Commissioner proposes that the Swans Island Conservation Area regulations be amended in order to synchronize the Swans Island regulations with current State lobster management regulations. The Swans Island Area Local Committee in accordance with Ch. 25.90 has recommended these amendments to the Commissioner for consideration.
PUBLIC HEARINGS:
Monday, October 27, 2003, 1:00 p.m., Swans Island Fire Station, Swans Island
Tuesday, October 28, 2003, 7:00 p.m., Deer Isle Town Hall, Church Street, Deer Isle

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171
DEADLINE FOR COMMENTS: Friday, November 7, 2003
AGENCY CONTACT PERSON: Terry Stockwell
MAIL WRITTEN COMMENTS TO: c/o Laurice U. Churchill
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) 633-9556
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 Debbie Everett, at (207) 624-6667.


AGENCY: 02-032 - Department of Professional and Financial Regulation, Office of Securities
RULE TITLE OR SUBJECT: Ch. 541, Sales Representative Annual Renewal Fee
PROPOSED RULE NUMBER: 2003-P238
CONCISE SUMMARY: The Office of Securities regulates sales representatives who offer and sell securities in Maine. These sales representatives pay annual license renewal fees that serve as a dedicated funding source for this agency. Due to market expansion over the past few years, the number of sales representatives has increased such that the renewal fees collected have surpassed the funding needed to pay for the Office of Securities' budget allocation. To assess fees that more closely reflect this agency's budget allocation, this renewal fee is being reduced from $40 to $30. A copy of the proposed rule may be obtained on the Office of Securities website, www.MaineSecuritiesReg.org, or by contacting the Office of Securities at 121 State House Station, Augusta, Maine 04333-0121.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 10703,10712
PUBLIC HEARING: No public hearing is scheduled. However, pursuant to 5 MRSA 8052(l), the Securities Administrator shall conduct a hearing if requested by any five interested persons.
DEADLINE FOR COMMENTS: November 7, 2003
AGENCY CONTACT PERSON: Christine A. Bruenn, Securities Administrator
AGENCY NAME: Office of Securities
ADDRESS: 121 State House Station, Augusta, ME 04333-0121
TELEPHONE: (207) 624-8551


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 301, Food Stamp Manual - Income Verification
ADOPTED RULE NUMBER: 2003-342
CONCISE SUMMARY: Current policy in Food Stamps mandates that, in cases with income, the income for the eight weeks preceding an application or review be verified and averaged. This policy will change the eight-week time frame to a four-week period. This will allow more consistency when determining eligibility for this program and will mirror the procedure for other programs within the Bureau of Family Independence.
EFFECTIVE DATE: October 6, 2003
AGENCY CONTACT PERSON: Richard Morrow, Food Stamp Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5093
TTY: (207) 287-6948


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife

TYPE OF RULE: Furbearing Animals (Beaver Trapping Closures)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: Ch. 4.01 (G.1 and 1.b.)
ADOPTED RULE NUMBER: 2003-343
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules establishing individual township openings and closings for the beaver trapping season and a restriction on the type of traps used to trap beaver during the months of November and April. During these months, beaver trapping will be limited to the use of drowning sets and killer-type traps. Townships or portions thereof are opened and closed on an individual basis to manage local beaver populations within the general season framework.
A copy of the rule may be obtained from the agency contact person.

CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: Ch. 4.01, Hunting Seasons for Upland Game - Pheasants
ADOPTED RULE NUMBER: 2003-344
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife has adopted a rule which prohibits the taking of female pheasants within Wildlife Management District 24 during the annual pheasant hunting season (October 1 - December 31).

TYPE OF RULE: Amendment of Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: Ch. 4.06, Wild Turkey
ADOPTED RULE NUMBER: 2003-345
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule establishing a fall turkey hunting season occurring in WMDs 15, 16, 20, 21, 22, 23, 24, 25, and 26 from the third Monday in October to the Friday preceding the resident-only Saturday of the regular deer hunting season (October 20, 2003 through October 31, 2003). Any person who possesses an archery license as provided in 12 MRSA 7102-A, may purchase a wild turkey hunting permit to hunting during this fall season. The bag limit during this season is 1 wild turkey of either sex and any age per permit holder. Only bow and arrow may be used to hunt wild turkey during this season.

CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: Ch. 4.07, Deer Hunting Seasons - Open and Closed Areas
ADOPTED RULE NUMBER: 2003-346
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule to establish the framework for the hunting season for antlerless deer (with hand-held bow and arrow only) within the Drakes Island and Wells Sanctuaries, in the town of Wells. This is a permit-only hunt with permits being issued to licensed archery hunters authorized by a landowner. This special permit hunt will be open for a specified period between Monday, December 1 through Saturday, December 13, 2003. In addition, the Department has adopted a rule opening the whole of Frenchboro in Hancock County to the hunting of deer during any open deer hunting season.

EFFECTIVE DATE: October 6, 2003
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: (207) 287-5201
E-MAIL: andrea.erskine@maine.gov


AGENCY: 29-250 - Secretary of State, Bureau of Corporations, Elections and Commissions, Division of Corporations

CHAPTER NUMBER AND TITLE: Ch. 301, Registration of Name/Mark for Shopping Carts and Other Containers
ADOPTED RULE NUMBER: 2003-347
CONCISE SUMMARY: Ch. 301 is being repealed since PL 1997, c. 623, 7, repealed the underlying statutory authority for this rule-making.

CHAPTER NUMBER AND TITLE: Ch. 600, Rules Governing Automated Telephone Solicitation
ADOPTED RULE NUMBER: 2003-348
CONCISE SUMMARY: Ch. 600 is being repealed since PL 1999, c. 694, 1, repealed the underlying statutory authority for this rule-making.

EFFECTIVE DATE: October 7, 2003
AGENCY, CONTACT PERSON and ADDRESS: Timothy Poulin, Director of Corporations, Department of the Secretary of State, Bureau of Corporations, Elections and Commissions, 101 State House Station, Augusta, ME 04333-0101
TELEPHONE: (207) 624-7736


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