December 2, 1998 Rule-Making Notice - State of Maine

December 2, 1998
Rule-Making Notice

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

PROPOSALS

AGENCY: 04-061 - Department of Conservation, Land Use Regulation Commission (LURC)
RULE TITLE OR SUBJECT: Ch. 10, Section 10.11, Nonconformance
PROPOSED RULE NUMBER: 98-P264
CONCISE SUMMARY: The Maine Land Use Regulation Commission is reinitiating the rulemaking process for its proposed rules on nonconformance. The Commission is undertaking this rulemaking to correct a technical error. Revised rules were not submitted to the Secretary of State's office within 120 days after the close of the hearing record. Interested parties may once again comment on proposed changes to the Commission's standards for nonconforming structures, uses and lots contained within Section 10.11 of the Land Use Districts and Standards, Chapter 10 of the Commission's regulations. These rules were originally published for hearing on April 8, 9, 14, 15, 16, 1998 and comments were received through May 1, 1998. The entire record for that hearing will be reintroduced, so those who participated need not restate their comments. The hearing record will be open from November 25, 1998 through December 31, 1998 in order to accommodate any comments from members of the public. The record will then be closed. These changes provide greater equity for owners of different sized nonconforming structures, allow for much easier tracking of expansions over time, offer incentives for moving structures away from the shoreline, and implement other measures that will better protect water quality.
HOW TO PARTICIPATE: All interested persons are invited to submit any written testimony which would have a bearing on this proposal. Interested persons may request a hearing in writing. Such requests should state how a hearing on this matter would provide new information (beyond that which will be included by the introduction of the earlier hearing record) that will better enable the Commission to make a decision regarding the proposed rule revision. Copies of the proposed rules remain available upon request from the Commission's Augusta office, 1-800-452-8711. Written comments should be sent to Andrew Fisk, Maine Land Use Regulation Commission, 22 State House Station, Augusta, Maine 04333. Comments may also be submitted via electronic mail to andrew.c.fisk@maine.gov.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. з685-A, Subsection 8
PUBLIC HEARING: None scheduled.
DEADLINE FOR COMMENTS: Thursday, December 31, 1998
AGENCY CONTACT PERSON: Andrew Fisk
AGENCY NAME: Land Use Regulation Commission
ADDRESS: Department of Conservation, 22 State House Station, Augusta, Maine 04333
TELEPHONE: 207-287-2631

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
PROPOSED RULE NUMBER: 98-P269
CONCISE SUMMARY: Individuals living in Aroostook county will now be exempt from work registration for Food Stamp purposes. Residents of Hancock, Knox, Lincoln and Sagadahoc counties will no longer be exempt due to geographic area. Food Stamps will now be considered a means tested program when determining eligibility for qualifying quarters for Food Stamp eligibility for legal aliens.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA з3104
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: January 4, 1999.
AGENCY CONTACT PERSON: Richard P. Morrow, Food Stamp Program Manager Department of Human Service, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-5093
TTY: (207) 287-6948 (Deaf/Hard of Hearing)

AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Deer Hunting Seasons
PROPOSED RULE NUMBER: 98-P270
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to establish a framework for deer hunting seasons as follows:
A. Regular Deer Hunting Season: The open season for deer hunting shall be from the 4th Monday preceding Thanksgiving to the Saturday following Thanksgiving.
A-1. Archery Season: There shall be a special open season on deer starting at least 30 days prior to, and extending to the day preceding Residents-Only Saturday for the purpose of hunting with bow and arrow only.
A-2. Muzzleloading season: There shall be a special open season statewide on deer on the first six days after the regular deer hunting season for the purpose of hunting with a muzzleloading firearm. In Wildlife Management Districts 12, 13, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26 and 30, the season shall extend for an additional six days.
NOTE: This proposal establishes a framework for deer hunting seasons which will be the same every year (dates will change only according to the calendar). This should be helpful to deer hunters in scheduling vacations, to other outdoor enthusiasts, including bird hunters and trappers, who may wish to schedule their fall activities around the deer hunting season, and to guides, sporting camp owners, and commercial interests who may wish to advertise and book clients. This framework will remain the same each year.
STATUTORY AUTHORITY: 12 M.R.S.A зз7035, 7102, 7457
PUBLIC HEARING: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: January 4,1999
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, #41 State House Station, Augusta, ME 04333-004 1; telephone: 287-5201.

ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE: Ch. 25.10(7), Zone A Lobster trap limits established by lobster management zones.
ADOPTED RULE NUMBER: 98-481
CONCISE SUMMARY: The Commissioner has accepted the recommendation from the lobster management zone council for Zone A that will enact a reduction in the number of lobster traps allowed to be fished by license holders in Zone A. The maximum number of lobster traps would be 1200 as of June 1, 1998, 1000 traps as of March 1, 1999 and 800 traps as of March 1, 2000. This proposed rule was approved by zone members in a zone-wide referendum.

CHAPTER NUMBER AND TITLE: Ch. 25.10(5) - Zone B Lobster Trap Limits Established by Lobster Management Zones
ADOPTED RULE NUMBER: 98-482
CONCISE SUMMARY: The Commissioner has accepted the recommendation from the lobster management zone council for Zone B that will enact a reduction in the number of lobster traps allowed to be fished by license holders in Zone B. The maximum number of lobster traps would be 1000 traps as of March 1, 1999 and 800 traps as of March 1, 2000. This proposed rule was approved by zone members in a zone-wide referendum.

CHAPTER NUMBER AND TITLE: Ch. 25.10(6) - Zone C Lobster Trap Limits Established by Lobster Management Zones
ADOPTED RULE NUMBER: 98-483
CONCISE SUMMARY: The Commissioner has accepted the recommendation from the lobster management zone council for Zone C that will enact a reduction in the number of lobster traps allowed to be fished by license holders in Zone C. The maximum number of lobster traps would be 1000 traps as of March 1, 1999 and 800 traps as of March 1, 2000. This proposed rule was approved by zone members in a zone-wide referendum.

EFFECTIVE DATE: March 1, 1999
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: 03-201 - Department of Corrections

CHAPTER NUMBER AND TITLE: Ch. 10, Subsection 9.15, Policy and Procedures Manual - Drug and Alcohol Testing of Adult Clients
ADOPTED RULE NUMBER: 98-484
CONCISE SUMMARY: This Policy & Procedure amends existing rules promulgated in November, 1989, 89-473, Chapter 10, subsection 9.15, entitled Client Drug Testing. This Policy and Procedures governs the specific practices and conditions when clients of the Maine Department of Corrections may be required to be tested for drug and/or alcohol use, including purpose, collections of specimens, testing procedures, required documentation, and action to be taken with the result of a positive test.

CHAPTER NUMBER AND TITLE: Ch. 10, Subsection 15.1, Policy and Procedures Manual - Prisoner Disciplinary Procedures
ADOPTED RULE NUMBER: 98-485
CONCISE SUMMARY: This amendment clarifies the existing procedures, addresses the graduated sanctions of the Drug and Alcohol Testing of Adult Clients, and includes infractions to the rules of conduct pertaining to DNA Blood Sample, Spitting, Exposure, Throwing Body Fluid and Gang Affiliation.

EFFECTIVE DATE: November 30, 1998
AGENCY CONTACT PERSON: Ellis King
AGENCY NAME: Department of Corrections
ADDRESS: State House Station 111 Augusta, ME 04333-0111
TELEPHONE: (207)287-4342

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