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Weekly Rulemaking Notices Contact Us Find It

October 15, 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: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 153, Mobile Equipment Repair and Refinishing
PROPOSED RULE NUMBER: 2003-P236
CONCISE SUMMARY: The Department is proposing to adopt a new rule intended to address volatile organic compound (VOC) emissions from automotive repair and refinishing operations. The proposed regulation will require owners and operators of mobile equipment repair and refinishing facilities (auto and truck body shops) to use high transfer efficiency coating technologies that reduce the amount of coatings used (such as high volume low pressure spray guns), and require spray gun cleaning technologies that reduce solvent emissions. The rule will also establish minimum training requirements for operators. Copies of these rules are available upon request by contacting the Agency contact person listed below. Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, the public hearing and be provided an opportunity for comment. Any party interested in providing public comment can testify at the public hearing or provide written comments before the end of the comment period. All comments should be sent to the Agency Contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 585 and 585-A
PUBLIC HEARING: November 6, 2003, 1:30 p.m., Holiday Inn, Augusta, Maine
DEADLINE FOR COMMENTS: November 21, 2003
AGENCY CONTACT PERSON: Jeff Crawford
AGENCY NAME: Bureau of Air Quality, Department of Environmental Protection
ADDRESS:. State House Station 17, Augusta, ME 04333
TELEPHONE: (207) 287-2437


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 46, Inpatient Psychiatric Facility Services
PROPOSED RULE NUMBER: 2003-P239
CONCISE SUMMARY: MaineCare Benefits Manual, Ch. III Section 46, describing reimbursement for psychiatric facilities is being repealed because reimbursement for psychiatric facilities is covered under MaineCare Benefits Manual, Ch. III Section 45, Hospital Services.
See http://www.maine.gov/bms/rulemaking for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING: None scheduled unless five (5) or more people request it in writing to the agency contact person listed below before the end of the comment period.
DEADLINE FOR COMMENTS: November 14, 2003
AGENCY CONTACT PERSON: Kip Neale, Health Planner
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-9361
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: Moose Hunting
PROPOSED RULE NUMBER: 2003-P240
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife is proposing to adopt a rule establishing the number of moose hunting permits to be issued for the 2004 season. Permits will be issued for bulls and antlerless moose. This proposal increases the number of permits issued in WMDs 3, 6 and 11 by a total of 550 permits. Permits are allocated according to Wildlife Management District as follows:
WMD 1 - 120 bulls / 20 antlerless
WMD 2 - 90 bulls
WMD 3 - 225 bulls / 220 antlerless
WMD 4 - 255 bulls
WMD 5 - 120 bulls
WMD 6 - 255 bulls / 350 antlerless
WMD 7 - 125 bulls
WMD 8 - 290 bulls
WMD 9 - 80 bulls
WMD 10 - 100 bulls / 10 antlerless
WMD 11 - 200 bulls / 200 antlerless
WMD 12 - 35 bulls / 20 antlerless
WMD 13 - 45 bulls / 10 antlerless
WMD 14 - 35 bulls
WMD 17 - 15 bulls / 15 antlerless
WMD 18 - 80 bulls / 20 antlerless
WMD 19 - 90 bulls / 15 antlerless
WMD 28 - 45 bulls / 20 antlerless
WMD 29 - 25 bulls / 5 antlerless
TOTAL: 2,230 bulls / 905 antlerless
In WMDs 1, 2, 3, 5, 6, 11 and 19 the season will begin on the Monday following the close of the bear baiting season and remain open for 6 days and in WMDs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 17, 18, 19, 28 and 29 the season will begin on the second Monday of October and remain open for 6 days.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 7463-A
PUBLIC HEARING: Thursday, November 6, 2003 - Presque Isle Fish and Game Club, Presque Isle, Maine; 6:30 p.m.
DEADLINE FOR COMMENTS: November 17,2003
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Inland Fisheries & Wildlife
ADDRESS: 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual - Increase in Income limits and Maximum Allotments
PROPOSED RULE NUMBER: 2003-P241
CONCISE SUMMARY: All households will receive an increase in benefits due to the increased allotments. Some applicants will now be eligible due to the increase in income limits. Households with members of five or more may experience an increase due to the increase of the standard deduction,
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: November 14, 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: 29-250 - Department of Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 159, Rules Governing the Administration of the Permanent, Semipermanent Semitrailer Registration Programs
PROPOSED RULE NUMBER: 2003-P242
CONCISE SUMMARY This rule is being amended to adjust long term trailer registration payment plans to reflect the fee increases enacted as a result of chapter 253 PL of 2003; and to make minor grammatical and style changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA 512
PUBLIC HEARING: November 3, 2003, BMV Headquarters, 101 Hospital Street, Augusta
DEADLINE FOR COMMENTS: November 14, 2003
AGENCY CONTACT PERSON: Richard Nickless, Title & Registration Section Manager
ADDRESS: BMV, 29 State House Station, Augusta, ME 04333-0029
TELEPHONE: (207) 624-9189


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 895, Underground Facility Damage Prevention Requirements
PROPOSED RULE NUMBER: 2003-P243
CONCISE SUMMARY: In accordance with Docket No. 2003-671 and 2003-672: to establish notice requirements for excavation associated with well construction; and to conform to changes to the law and to improve and clarify the existing rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A MRSA 111, 23 MRSA 3360-A
PUBLIC HEARING: November 6, 2003, 1 p.m., Maine Public Utilities Commission, 242 State Street, Augusta, Maine 04333, Horace A. Libby Hearing Room
DEADLINE FOR COMMENTS: December 3, 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


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 25, Dental Services
ADOPTED RULE NUMBER: 2003-349
CONCISE SUMMARY: In Ch. II an enhanced payment is created for general dental providers who establish new MaineCare members in their practices with the intention of providing ongoing comprehensive dental services. Ch. III is a complete replacement and updates billing procedure codes. Further clarification of MaineCare coverage is provided.
See http://www.maine.gov/bms/rulemaking for rules and related rulemaking documents.
EFFECTIVE DATE: October 15, 2003
AGENCY CONTACT PERSON: Kip Neale
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207)-287-9361
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


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