Skip Maine state header navigation

Agencies | Online Services | Help

October 8, 1997
Rule-Making Notice

as it appears in 5 daily Maine newspapers


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 rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/ depts.htm.


PROPOSALS

AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Chapter 2 (2.03 Commercially Grown or Imported Fish) - Inland Fisheries and Wildlife Regulations; Chapter 24 (Importation of Live Marine Organisms) - Department of Marine Resources Regulations.
PROPOSED RULE NUMBER: 97-P205
CONCISE SUMMARY: The Commissioners of the Departments of Inland Fisheries and Wildlife and Marine Resources are proposing to jointly adopt rules establishing fish health inspection procedures for live salmonids and gametes commercially grown within the State of Maine. A copy 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 Sections 6071, 6171, 7035
PUBLIC HEARINGS: October 28,1997, 7:00 p.m., Augusta Civic Center, Lincoln/Oxford Room, Augusta, ME
DEADLINE FOR COMMENTS: November 7,1997
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041, telephone 287-5201; OR Laurice Churchill, Department of Marine Resources, 21 State House Station, Augusta, ME 04333-0041, telephone 633-9584.

AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Chapter 24, Importation of Live Marine Organisms; IF&W, Chapter 2.03, Commercially Grown or Imported Fish
PROPOSED RULE NUMBER: 97-P206
CONCISE SUMMARY: The Commissioners of the Departments of Inland Fisheries and Wildlife and Marine Resources are proposing to jointly adopt rules establishing fish health inspection procedures for live salmonids and gametes commercially grown within the State of Maine.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6071 and 6171
PUBLIC HEARING: Tuesday, October 28, 1997, 7 p.m., Augusta Civic Center, Lincoln/Oxford Room, Augusta, Maine
DEADLINE FOR COMMENTS: November 7,1997
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9584

AGENCY: 94-409 - Maine Indian Tribal-State Commission
RULE TITLE OR SUBJECT: Fishing on Waters under Jurisdiction of Maine Indian Tribal-State Commission.
PROPOSED RULE NUMBER: 97-P207. The proposed rule will repeal and replace an existing rule (94-409 CMR Chapter 200).
CONCISE SUMMARY: Under the Maine Indian Claims Settlement of 1980, the Maine Indian Tribal-State Commission has exclusive authority to promulgate fishing rules on any pond with 50% or more of shoreline within Indian (Passamaquoddy or Penobscot) Territory and any section of a river, brook, or pond both sides of which are in within Indian Territory or one side of which is within Indian Territory for a continuous length of 1/2 mile or more. The existing rule, adopted in 1991, regulates fishing on 3 waters in Penobscot Territory. The proposed rule will repeal the existing rule and regulate fishing on MITSC waters throughout Indian Territory, including:
Waters in Passamaquoddy Territory : Big Indian Pond, Clear Pond, Elaine Pond, Little Indian Pond, Trout Pond, and Twin Island Pond in Lowelltown Township, T1 R8 WBKP (Franklin County); Lower Pistol Lake and Side Pistol Lake in T3 ND and Killman Pond, Middle Chain Lake, Middle Pistol Lake, Upper Chain Lake, and Upper Pistol Lake in T4 ND (Hancock County); Fish Pond, Grassy Pond, and Little Fish Pond in Holeb Township and Cape Horn Pond, Duncan Pond, Hall Pond, and Lower Welman Pond in Prentiss Township (Somerset County); Mill Privilege Lake in T5 R7 NBPP, Lower Chain Lake and Sysladopsis Lake in T5 ND BPP, and Grassy Pond in T19 MD BPP (Washington County); and rivers, brooks, and streams in Passamaquoddy Territory in the preceding areas and in the following areas: T3 R9 NWP and TA R7 WELS (Penobscot County) and Alderbrook Township and Hammond Township (Somerset County).
Waters in Penobscot Territory: Round Mountain Pond in Alder Stream Township, (Franklin County); East Branch Lake, Mattamiscontis Lake and Little Mattamiscontis Lake in T2&3 R9 NWP and First Lake Mattagamon and Mountain Catcher Pond in T6 R8 Vv'ELS (Penobscot County); and rivers, brooks, and streams in Penobscot Territory in the preceding areas and in the following areas: Argyle Township and T3 R1 NBPP (Penobscot County) and Williamsburg Township in T6 R8 NWP (Piscataquis County).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30 MRSA 6207 sub-3
PUBLIC HEARING: None planned; one may be requested.
DEADLINE FOR COMMENTS: November 12, 1997
AGENCY CONTACT PERSON: Diana Scully, Executive Director
AGENCY NAME: Maine Indian Tribal-State Commission
ADDRESS: PO Box 87, Hallowell, ME 04347
TELEPHONE: 207 / 622-4815

AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Standard Offer Service
PROPOSED RULE NUMBER: 97-P208
CONCISE SUMMARY: The purpose of this rule is to establish terms and conditions for standard offer service for electric generation, and establishes a methodology for selecting standard offer providers.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A, M.R.S.A. 3212
PUBLIC HEARING : None scheduled; five or more persons may request a hearing on or before November 3, 1997.
DEADLINE FOR COMMENTS: November 24, 1997; technical conference to discuss comments scheduled for December 10, 1997 at 10:00 a.m. at PUC offices, 242 State Street, Augusta, Maine 04333. Please notify the PUC if special accommodations are needed in order to make this technical conference (or a hearing if one is held) accessible to you by calling 1-287-1396 or TTY 1-800-437-1220. Requests or reasonable accommodations must be received 48 hours before the scheduled event.
AGENCY CONTACT PERSON: Carmen M. Thibodeau
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: 287-6078


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Chapter 10-144 CMR 113, Regulations Governing the Licensing and Functioning of Assisted Living Facilities
ADOPTED RULE NUMBER: 97-334
CONCISE SUMMARY: These emergency rules describe the minimum requirements for the operation and licensing of Assisted Living Facilities and such requirements that the provider must meet regarding application and inspection procedures, fire safety standards, qualifications of the provider, resident rights, nutrition and health, clothing and possessions, resident records, living areas and sleeping accommodations, sanitation and safety. These emergency rules are necessary to avoid an immediate threat to the health, safety and general welfare of residents and potential residents of unlicensed programs. A number of facilities and facility projects, currently unlicensed, need to be rapidly licensed under these rules in order to qualify for financial assistance and long term care insurance for residents. Without licensed status, some projects will be forced to cease, leaving a significant gap in residential services for at risk adults and certain residents will not qualify for long term care insurance and be at risk of losing housing and services that are essential to their well being.
EFFECTIVE DATE: October 20, 1997 to October 20, 1998 or until the Legislature has completed its review of this rule.
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing & Certification
ADDRESS: 35 Anthony Avenue, Station # 11, Augusta, Maine 04333
TELEPHONE:(207) 624-5443 TTY

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: #301 Food Stamp Manual
ADOPTED RULE NUMBER: 97-335
CONCISE SUMMARY:
* Annual change in income limits and maximum allotments are being implemented.
* Removes from the manual Sections FS-1000-1 and FS-1000-2 which explained the Food Stamp Grant Diversion Program which no longer exists.
* Adds references in the Alpha Index.
EFFECTIVE DATE: October 1, 1997
AGENCY CONTACT PERSON: Peter McCarron, Food Stamp Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-3097
TTY: (207) 287-6948

AGENCY: 10-144 - Department of Human Services, Bureau of Health
CHAPTER NUMBER AND TITLE: Chapter 263, Maine Comprehensive and Limited Environmental Laboratory Certification Rules (Amendments)
ADOPTED RULE NUMBER: 97-338
CONCISE SUMMARY:
These amendments to the existing rule -
* Add "Limited Certification", a less stringent program for small private labs performing only the so called "limited" tests
* Add criteria for diesel range organics and gasoline range organics (dro/gro) certification
* Provide for unannounced inspections in the event of a complaint.
* Revise microbiology performance evaluation requirements by deleting comparison studies with the H.E.T.L. and requiring subscribing to an approved third party provider.
* Update listings of approved methodology.
* Incorporate EPA drinking water QC requirements by reference and expand microbiology QC requirements.
* Add certification for environmental lead testing which shall be only through accreditation by a program recognized by the EPAIS National Environmental Lead Laboratory Accreditation Program.
EFFECTIVE DATE: November 1, 1997
AGENCY CONTACT PERSON: Michael C. Sodano
AGENCY NAME: Health & Environmental Testing Laboratory
ADDRESS: 221 State Street, #12, Augusta 04333
TELEPHONE: 287-1929

AGENCY: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Chapter 12, Formal Hearings, 19, Disposition of Evidence
ADOPTED RULE NUMBER: 97-339
CONCISE SUMMARY: The rule provides a process and time frame for disposing of evidentiary material after the completion of a case.
EFFECTIVE DATE: October 6, 1997
AGENCY CONTACT PERSON: Julia A. Finn, General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: 207-287-7094


Return to the Online Rules Home Page.

Return to the APA Home Page.

Return to the Division of Rules, Commissions and Notaries Home Page.

Return to the Bureau of Corporations, Elections and Commissions Home Page.

Return to the Department of the Secretary of State Home Page.