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Weekly Rulemaking Notices Contact Us Find It

December 4, 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: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #01-03
PROPOSED RULE NUMBER: 2002-P302
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, December 20, 2002, Room 319, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: December 20, 2002
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 81, 11, Residential Utility Service Standards For Credit and Collection Programs
PROPOSED RULE NUMBER: 2002-P303
CONCISE SUMMARY: This chapter establishes the minimum standards of fairness in credit and collection programs for residential utility service. These rules govern granting and denying service, credit and deposit practices, billing, disconnection, customer complaint procedures and methods of obtaining exemption and variation from this chapter.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNIC)PALITIES
STATUTORY AUTHORITY: 35-A MRSA 104, 111, 704
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: January 6, 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: 01-001 - Department of Agriculture, Food and Rural Resources, Division of Plant Industry
CHAPTER TITLE OR SUBJECT: Ch. 269, Emergency Rule Potato Mop Top Virus
ADOPTED RULE NUMBER: 2002-455
CONCISE SUMMARY: This chapter renews a quarantine against Potato Mop Top Virus to prevent its movement from Aroostook Research Farm to other farms in the state, in order to protect Maine's potato industry from this potato disease.
EFFECTIVE DATE: November 21, 2002
AGENCY CONTACT PERSON: Terry L. Bourgoin, Director
AGENCY NAME: Department of Agriculture, Food and Rural Resources, Division of Plant Industry
ADDRESS: 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3891


AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE: Ch. 11.07(l)(a)(iii), Configuration of Scallop Drag, Minimum Mesh Size
ADOPTED RULE NUMBER: 2002-456
CONCISE SUMMARY: This adopted rulemaking amends the existing regulations on the configuration of scallop drags to allow for a reduction in the number of required rows of non-overlapping steel rings from four to no less than one row in any scallop dredge that is 3.5 feet or less in width.

CHAPTER NUMBER AND TITLE: Ch. 11.10(E), Atlantic Sea Scallops, Culling Required
ADOPTED RULE NUMBER: 2002-457
CONCISE SUMMARY: The adopted regulation requires that all scallops less than the minimum size be liberated prior to beginning shucking of legal sized scallops. A vessel may not have on board any scallops less than the minimum size while a scallop boat license holder or crewmember is shucking scallops. Shucking while in possession of scallops smaller than the minimum size shall be prima facie evidence of a violation of possession of illegal scallops.


CHAPTER NUMBER AND TITLE: Ch. 11.20(A), Scallop fishing in the Kittery Area - Drag Limits
ADOPTED RULE NUMBER: 2002-458
CONCISE SUMMARY: This adopted regulation requires that the maximum size drag or combination of drags, on any fishing vessel fishing for scallops, within Maine's territorial waters west of a line drawn from the Horn at the tip of Cape Neddick, to Boon Island Light, to the Boon Island Ledge Whistle, then to the intersection of the 3-mile limit on a magnetic bearing of 104 degrees, not exceed 5 feet 6 inches in width.

CHAPTER NUMBER AND TITLE: Ch. 11.1O(B), Atlantic Sea Scallops, Minimum Size
ADOPTED RULE NUMBER: 2002-459
CONCISE SUMMARY: The adopted amendment increases the minimum size of possession of Atlantic sea scallops to those whose shells are 3.5 inches in the longest diameter, which also matches the current minimum in Cobscook Bay

EFFECTIVE DATE: November 25, 2002
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584
TTY: (207) 287-4474 (Deaf/Hard of Hearing)


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #12-02
ADOPTED RULE NUMBER: 2002-460
CONCISE SUMMARY: Minimum December, 2002 Class I price is $13.77 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 $14.92. Class II minimums set at $11.27 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: December 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 Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III, Section 65, Mental Health Services
ADOPTED RULE NUMBER: 2002-462
CONCISE SUMMARY: This rule will implement changes to facilitate access to Children's Behavioral Health Services in a timely manner. Eligibility for children's behavioral health services has been simplified. The minimum qualifications for provisionally approved Behavioral Specialist Is have been revised to increase the pool of qualified persons. Other edits include terminology changes including Medicaid to MaineCare.
EFFECTIVE DATE: December 5, 2002
AGENCY CONTACT PERSON: Kip Neale, Medical Care Administrator
AGENCY NAME:. Division of MaineCare Policy & Provider Services
ADDRESS: 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9361
FAX: (207) 624-5524
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)



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