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Weekly Rulemaking Notices Contact Us Find It

October 30, 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: 04-061 - Department of Conservation, Land Use Regulation Commission
RULE TITLE OR SUBJECT: Land Use Guidance Maps for Portions of Aroostook County -- Extension of public hearing record
PROPOSED RULE NUMBER: 2002-P235
CONCISE SUMMARY: The Maine Land Use Regulation Commission held a public hearing on October 8, 2002, in Presque Isle, Maine, on updated land use guidance (zoning) maps for townships and plantations in Aroostook County. These map updates are the result of redrafting the Commission's current land use district boundaries onto new base maps compiled from the new 7.5 minute U.S. Geological Survey (USGS) map series. Any changes in zoning resulting from this redrafting process are due to (1) improved resolution and accuracy of the 7.5 minute map series such that, for example, the mapped location of streams and shape of steep slope zones may change; (2) addition of the new wetland zones which were identified within the revised wetland protection rules adopted by the Commission in November 1997; or (3) correction of any errors. Proposals for other changes in zoning will not be considered during this process but rather will be considered through the customary filing of a rezoning petition with the Commission. To allow landowners and other interested parties adequate time to respond to these draft maps, the Commission has agreed to extend the hearing record.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §685-A, Subsection 8-B
DEADLINE FOR COMMENTS: The hearing record will remain open for an additional 30 days until Monday, November 18, 2002, to allow interested persons to file written statements with the Commission, and for an additional 7 days until Monday, November 25, 2002, to allow interested persons to file written statements in rebuttal of statements filed earlier. The record of the hearing will then close.
AGENCY CONTACT PERSON: Frederick W. Todd
AGENCY NAME: Land Use Regulation Commission
ADDRESS: Department of Conservation, 22 State House Station, Augusta, Maine 04333
E-MAIL: fred.todd@maine.gov
TELEPHONE: (207) 287-4932


AGENCY: 10-144 - Department of Human Services, Bureau of Health
RULE TITLE OR SUBJECT: Ch. (New), Rules relating to the Maine Birth Defects Program
PROPOSED RULE NUMBER: 2002-P276
CONCISE SUMMARY: These rules define the responsibilities of hospital administration and physicians, and other health care providers with regard to the reporting of the presence of birth defects in an infant or fetus. These rules address the designation of a contact person in each hospital, timing of reports, parental refusal of participation, access to medical records and other information and confidentiality of case records.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §1687
PUBLIC HEARING:
DATE: November 18, 2002 at 12:30 p.m.
LOCATION: Department of Human Services, 219 Capitol Street, Augusta, ME.
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before November 4, 2002.
DEADLINE FOR COMMENTS: December 2, 2002
AGENCY CONTACT PERSON: Vicki York
ADDRESS: Maine Birth Defects Program, DHS, BOH. Div. FH, Genetics, 11 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 287-5357
FAX: (207) 287-4743
TTY: (207) 287-8015


AGENCY: 10-144 - Department of Human Services Division of Health Engineering Radiation Control Program
RULE TITLE OR SUBJECT: Ch. 220, Radioactive Materials Regulations Changes
PROPOSED RULE NUMBER: 2002-P277
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.
STATUTORY AUTHORITY: 22 MRSA §674
DATE AND PLACE OF PUBLIC HEARING: November 21, 2002, Division of Health Engineering, 161 Capital Street, Augusta, Maine, 9:00 a.m. - 12:00 p.m.
COMMENT DEADLINE: Close of Business, December 20, 2002
AGENCY CONTACT PERSON:
NAME: Jay C. Hyland, P.E., Radiation Control Program
ADDRESS: 11 State House Station, Augusta, Maine 04333-0010
PHONE: (287) 5676
E-MAIL: jay.hyland@maine.gov


AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 613, Amendment 2; The Quality Child Care Education Scholarship Program
PROPOSED RULE NUMBER: 2002-P278
CONCISE SUMMARY: This rule amendment implements various changes to the student and institution eligibility provisions in an effort to simplify program administration for the schools, students, and the Authority. Miscellaneous clarifications of terms used were also made.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA §969-A(14), 20-A MRSA §11670
PUBLIC HEARING: None unless requested by 5 or more interested individuals.
DEADLINE FOR COMMENTS: Written comments must be submitted on or before December 6, 2002.
AGENCY CONTACT PERSON:
Christopher H. Roney, Deputy 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
(207) 623-0095 (FAX)


AGENCY: 05-071 - Department of Education - State Board of Education
RULE TITLE OR SUBJECT: Ch. 61, Rules for Major Capital School Construction Projects
PROPOSED RULE NUMBER: 2002-P279
CONCISE SUMMARY: This proposal will repeal and replace the existing Ch. 61 which define the conditions under which the State will subsidize school building construction projects under the Major Capital Improvement Program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA §3; 20-A MRSA §405(3)(J); 20-A MRSA §15905, sub-§4, and §§ 15901-15917; P.L. 2001 c.439 §OOOO-3
PUBLIC HEARING: Monday, November 18, 2002, 12:30 p.m. - 1:30 p.m. at the Cross Office Building, Augusta, Room 103. The public hearing will also be available via ATM at the following locations:
Presque Isle High School ATM Studio
Bangor Public Library ATM Studio
Gorham High School ATM Studio
DEADLINE FOR WRITTEN COMMENTS: 5:00 p.m., Monday, December 2, 2002. Submit written comments to Agency Contact Person indicated below.
AGENCY CONTACT PERSON: Judith Malcolm, Education Policy Director/Team Leader
AGENCY NAME: Department of Education
ADDRESS 23 State House Station, Burton Cross Office Building - 5th Floor, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6845


AGENCY: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. 115, Standard Procedures for Certification, Authorization and Approval; and Requirements for Specific Certificates and Endorsements
P ROPOSED RULE NUMBER: 2002-P280
CONCISE SUMMARY: The rule revisions will become effective August 1, 2004. The rule is amended to allow teacher candidates and administrator candidates for certification the option of taking an assessment in lieu of prescribed course work. The rule includes new performance standards for both beginning teachers and school administrators. Most teacher endorsements and educational specialist certificates will require 24 semester hours on content coursework plus assessments in basic skills, content and pedagogy. Computer technology, gifted/talented and ESL endorsements will not require a different teacher endorsement as a prerequisite. To meet the knowledge areas for an administrator certificate, there will be an assessment option. New certificates for athletic directors and assistant administrators of special education will be available.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 20-A MRSA §13011(1)
PUBLIC HEARING): Monday, November 18, 2002 from 2:00 p.m. to 4:00 p.m. It will be held at the Burton M. Cross State Office Building, Room 103 (ATM Studio) in Augusta; and at the Bangor Public Library ATM Studio, Gorham High School ATM Studio, and Presque Isle High School ATM Studio.
DEADLINE FOR COMMENTS: 9:00 a.m. December 2, 2002
AGENCY CONTACT PERSON: Dr. Judith Lucarelli, Deputy Commissioner
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-6601


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #12-02
PROPOSED RULE NUMBER: 2002-P281
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA §2954 & 5 MRSA §8054
PUBLIC HEARING: 1:30 p.m., Friday, November 22, 2002, Room 319, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: November 22, 2002
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering
CHAPTER NUMEBER AND TITLE: Ch. 206, Rules Relating to Lodging Establishments
ADOPTED RULE NUMBER: 2002-398
CONCISE SUMMARY: These Rules endeavor to protect the public health of the people of Maine and its visitors by requiring people who operate lodging establishments to obtain licenses and to show proof of providing the proper facilities to protect the public's health and safety. By establishing this chapter, the Department of Human Services proposes to clarify lodging rule provisions, previously outlined in the Eating and Lodging Rules, which have now in part been superceded by the adoption of the Maine Food Code eating regulations in May, 2001.
EFFECTIVE DATE: January 1, 2003
AGENCY CONTACT PERSON: Rebecca Vigue
AGENCY NAME: Division of Health Engineering
ADDRESS: 11 State House Station, Augusta, ME 04330-0011
TELEPHONE: (207) 287-1978


AGENCY: 02-392 - Board of Pharmacy
CHAPTER NUMBER AND TITLE: Ch. 1, Definitions; Ch. 9, Mail Order Prescription Pharmacy and Mail Order Contact Lens Supplier; Ch. 10, General Rules; Ch. 17, Registration of Pharmacy Technicians; Ch. 19, Prescription Drug Orders, Prescription Transfers, Automated Pharmacy Systems and Central Filling Stations; Ch. 20, Issuance of Citations; Ch. 21, Unprofessional Conduct
ADOPTED RULE NUMBER: 2002-399 through 2002-405
CONCISE SUMMARY: These rules specify standards for operation of automated pharmacy systems; establish safeguards for the operation of central prescription filling facilities and central prescription processing facilities; amend provisions regulating the manual and electronic filling, transferring and retention of prescriptions; establish standards and procedures for the issuance of enforcement citations by pharmacy inspectors; revise the grounds for discipline of pharmacy licensees for unprofessional conduct; clarify the discretion of pharmacists to refuse to fill prescriptions in certain situations; remove obsolete provisions from the rule governing registration of pharmacy technicians; amend the standards for registration of out of state mail order prescription pharmacies; and establish standards for registration of out of state mail order contact lens suppliers.
EFFECTIVE DATE: October 22, 2002
AGENCY CONTACT PERSON: Geraldine L. Betts, Administrator
AGENCY NAME: Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8625


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #11-02
ADOPTED RULE NUMBER: 2002-406
CONCISE SUMMARY: Minimum November, 2002 Class I price is $13.85 plus $.15/cwt. Producer Cost of Production and an over order premium of $0.80/cwt. as being prevailing in southern New England for a total of $14.80. Class II minimums set at $11.06 which includes $0.15/cwt. for Cost of Production. These changes were passed on in minimum prices. Minimum prices can be found at http://www.maine.gov/agriculture/ahi/mmc/prihis.html
EFFECTIVE DATE: November 1, 2002
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual - Increases in Income Limits, Maximum Allotments and Deductions.
ADOPTED RULE NUMBER: 2002-407
CONCISE SUMMARY: Effective October 1, 2002, therelwill be the following changes in the Food Stamp program: increases in income limits, maximum allotments, and the excess shelter deduction. The standard .deduction will be increased for households with five or more members. The asset limit is increased from $2000 to $3000 for households with a member who is disabled according to the Food Stamp definition. Eligible aliens who are receiving disability payments or assistance will now be funded by the federal program. Court ordered child support payments will be excluded from the gross income test. Currently these payments are deducted at a later step in the budgeting process. Households that have heating/cooling costs will no longer be able to claim actual costs for these utility expenses. By mandating the full utility standard of $401 a month, households that share these costs will each receive the full standard. Currently this standard is prorated among the households sharing the expense. Households that live in public housing which has central utility meters and are charged only for excess utility costs will be allowed the full utility standard. This rule also clarifies some existing policy.
EFFECTIVE DATE: October 29, 2002
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



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