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Weekly Rulemaking Notices Contact Us Find It

October 23, 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: 02-322 - State Board of Registration for Professional Engineers
RULE TITLE OR SUBJECT: Revise Ch. 2 of Rules of the State Board of Registration for Professional Engineers
PROPOSED RULE NUMBER: 2002-P275
CONCISE SUMMARY: This proposed rule change allows electronically generated symbols for individual professional engineer seals and signatures and allows sealed and signed engineering documents to transmitted electronically. There are also housekeeping changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 1306 (2)
PUBLIC HEARING:
Date and Time: November 12, 2002 @ 3:00 p.m.
Location: 2nd Floor Conference Room, Augusta State Airport Terminal Building, Augusta, Maine
DEADLINE FOR COMMENTS: November 26, 2002
AGENCY CONTACT PERSON: Herbert R. Doten
AGENCY NAME: State Board of Registration for Professional Engineers
ADDRESS: 92 State House Station, Augusta, Maine 04333-0092
TELEPHONE: (207) 287-3236


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 150, Hospital Finance Rules
ADOPTED RULE NUMBER: 2002-383
CONCISE SUMMARY: These rule changes update poverty guidelines to 2002 dollar amounts, remove references to the Maine Health Care Finance Commission, gross patient service revenue limits and severely affected hospital funds.
EFFECTIVE DATE: October 15, 2002
AGENCY CONTACT PERSON: Greg Nadeau, Health Planner
AGENCY NAME: Division of Policy and Programs
ADDRESS: 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE (207) 287-9367, 1 (800) 321-5557 option 1
TTY: (207) 287-3094 or 1 (800) 423-4331


AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 346, Rules Governing Meat and Poultry Inspection and Licensing
ADOPTED RULE NUMBER: 2002-384
CONCISE SUMMARY: These Rules have been adopted to implement a Maine Meat and Poultry Inspection Program; to establish inspection and licensing standards to safeguard public health and assure consumers safe food that is unadulterated and honestly presented. The adoption of these Rules is required to obtain approval of the State Inspection Program by the United States Department of Agriculture.
EFFECTIVE DATE: October 20, 2002
AGENCY CONTACT PERSON: David Gagnon
AGENCY NAME: Agriculture, Food and Rural Resources
ADDRESS: 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3841


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 332, Maine Medicaid Eligibility Manual - Coverage of Individuals Age 21 to 64
ADOPTED RULE NUMBER: 2002-385
CONCISE SUMMARY: This rule establishes a new MaineCare coverage group. Effective October 1, 2002 individuals age 21 through 64 can enroll in MaineCare if they meet income and asset guidelines as well as basic eligibility requirements such as providing a Social Security number and assigning rights to medical support. Up to this time, an individual had to fit into a certain category in order to enroll in MaineCare. This excluded childless individuals age 21-64 who were not disabled or pregnant.
EFFECTIVE DATE: October 15, 2002
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid 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) 287-5088
TTY: (207) 287-6948


AGENCY: 99-346 - Maine State Housing Authority
CHAPTER NUMBER AND TITLE: Ch. 30, Single Family Home Improvement Rule
ADOPTED RULE NUMBER: 2002-386
CONCISE SUMMARY: The Maine State Housing Authority may offer mortgage financing for the improvement of single family housing for persons of low and moderate income, including without limitation, rehabilitation, home replacement, emergency repairs, lead paint mitigation, and accessibility improvements. MSHA desires to repeal two outdated rules governing such programs, Ch. 3 - Home Improvement/Energy Conversation Loan Program Rule and Ch. 14 - Single Family Housing Preservation Loan Program, and replace them with one rule governing program design, eligibility standards, mortgage standards, and construction standards for mortgage financing of improvements to single family homes.
EFFECTIVE DATE: October 20, 2002
AGENCY CONTACT PERSON: Linda Sears Uhl, Esq.
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603


AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE: Ch. 3, Foreign Fish Processing Within the State of Maine's Internal Waters
ADOPTED RULE NUMBER: 2002-389
CONCISE SUMMARY: The owner or operator of a foreign fish processing vessel must obtain approval by the Governor to engage in fish processing in Maine's internal waters in accordance with Section 306(C) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1865) and Department regulations Ch. 3. The adopted rules update the regulations to provide consistency with Addendum II to Amendment 1 to the Atlantic States Marine Fisheries Commission (ASMFC) Interstate Fishery Management Plan for Atlantic Sea Herring, approved on February 28, 2002. Permit evaluation requirements not previously in the Department's regulations include impacts to a specified area total allowable catch and whether other permits or laws have been met. The amendments also clarify the recommendation process to the Governor.

CHAPTER NUMBER AND TITLE: Ch. 24.21(J), Restrictions on Vessel & Equipment Movement
ADOPTED RULE NUMBER: 2002-390
CONCISE SUMMARY: These regulations adopt, through the regular rule-making process, changes that became effective with the adoption of the emergency rules establishing 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.

CHAPTER NUMBER AND TITLE: Ch. 32.06, Noncommercial Daily and Possession Limits
ADOPTED RULE NUMBER: 2002-391
CONCISE SUMMARY: The Department of Marine Resources has adopted regulations that limit the possession of eels greater than six inches to 50 for personal or recreational use to bring the State of Maine into compliance with the Atlantic States Marine Fisheries Commission Fishery Management Plan for American Eel.

CHAPTER NUMBER AND TITLE:
Ch. 34.10(l)(C)(4), Maine Groundfish Spawning Closure, and
Ch. 34.10(l)(B)(4)(a), Summer Flounder effort restrictions - technical correction
ADOPTED RULE NUMBER: 2002-392
CONCISE SUMMARY: These adopted regulations reestablish the closure during the months of April, May and June west of a line drawn 180 degrees Magnetic from West Quoddy Head in Lubec to the Canadian International border to protect spawning groundfish that was sunset effective July 1, 2002. The closure affects all commercial ground fishermen who fish in Maine's territorial waters. The closure does not apply to recreational fishing of groundfish from shore, wharves, attached floats or to recreational fishing as allowed under the provisions of Ch. 34.10(l)(B)(2). This measure is considered necessary to protect Maine's groundfish stocks and is a necessary component of Maine's support of the Court ordered remedy entered by the United States District Court for the District of Columbia on April 26, 2002, in connection with the lawsuit filed in Conservation Law Foundation v. Evans. These regulations also a include technical correction to clarify that Ch. 34. 10(l)(B)(4)(a) sub section (i) pertaining to summer flounder applies to commercial fishing and sub section (ii) pertains to recreational fishing.

EFFECTIVE DATE: October 21, 2002
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584
TTY: (207) 287-4474 (Deaf/Hard of Hearing)
WEB SITE: www.maine.gov/dmr/rulemaking


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