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December 18, 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: 01-001 - Department of Agriculture, Food & Rural Resources
RULE TITLE OR SUBJECT: Ch. 61, Maine Milk Pool: Cost Of Administration
PROPOSED RULE NUMBER: 2002-P305
CONCISE SUMMARY: This rule establishes the cost of administering the Maine Milk Pool for the period January 1, 2003 through December 31, 2003.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 3154(2)
PUBLIC HEARING: 9:00 a.m., Monday, January 6, 2003, Room 212, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS:
PREFILE: January 6, 2003
COMMENT PERIOD: January 16, 2003
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 29-250 - Department of Secretary of State, Bureau of Corporations, Elections & Commissions
RULE TITLE OR SUBJECT: Request for comments on the Maine Administrative Procedure Act
PROPOSED RULE NUMBER: 2002-P309
CONCISE SUMMARY: On January 31, 2003, the Secretary of State must file an annual report to the Governor and the Joint Standing Committee on State and Local Government on the Administrative Procedure Act. The purpose of this ad is to solicit, from state agencies and the public, recommendations for improvements to the rulemaking process. We will include any comments on these recommended improvements in the report.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 8056-A
PUBLIC HEARING: None scheduled.
DEADLINE FOR COMMENTS: January 17, 2003
AGENCY CONTACT PERSON: Deborah Cabana, Director of Elections and Commissions
AGENCY NAME: Department of Secretary of State
ADDRESS: 101 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-7650


AGENCY: 13-188 - Department of Marine Resources

RULE TITLE OR SUBJECT:
Ch. 2.10(3)(3), Application Requirements, Environmental Characterization & Baseline; and
Ch. 2.27(2), Department Site Review, Documented Information
PROPOSED RULE NUMBER: 2002-P310
CONCISE SUMMARY: The proposed regulations distinguish and clarify standard application requirements for environmental characterization and baseline for discharge (finfish) sites and non-discharge operations and similar information required by the Department in its site review work. These expanded characterization requirements are in part based on the changes recommended in the January 2002 report to the Maine Legislature's Marine Resources Committee, Review of aquaculture leasing in Maine sections 2.3 and 2.4; a citizen-initiated petition for rulemaking considered by the Department in April 2002; and the finfish aquaculture monitoring program protocols (FAMP), which have been utilized by the Department and state and federal regulating agencies for the standard application baseline and the Department's monitoring program since 1992. These amendments are major substantive rulemaking (12 MRSA 6072(5-A)) that may be adopted as provisional agency regulations subject to legislative review.
PUBLIC HEARINGS:
January 7, 2003, 6:00 p.m., Middle School Library, 24 Forest Avenue, Ellsworth;
January 8, 2003, 6:00 p.m., Casco Bay Ferry Terminal Conference Room, 56 Commercial Street, Portland; and
January 9, 2003, 6:00 p.m., Marine Trades Center, 16 Deep Cove Road, Eastport

RULE TITLE OR SUBJECT: Ch. 2, Aquaculture Lease Regulations, Sections:
Ch. 2.10, Application Requirements;
Ch. 2.15, Notice of Lease Application and Hearing;
Ch. 2.37, Decision;
Ch. 2.40, Lease Issuance;
Ch. 2.64, Experimental Aquaculture Lease; and
Ch. 2.75, Minimum Lease Maintenance Standards
PROPOSED RULE NUMBER: 2002-311
CONCISE SUMMARY: The proposed regulation amendments would make changes to the lease application requirements for standard and limited-purpose leases; mandate a Department site review for limited-purpose lease applications; add a pre-application meeting with the Department for standard applicants; add the option for the Department to hold a public scoping session for any lease application; clarify the navigation and source sections in the decision standards; repeal the option to waive the 2,000 foot separation between finfish type leases; prorate the bonding requirement for standard and limited-purpose leases with structures greater or less than 400 feet square area; bonds for finfish type lease would increase to $25K; and additional language on all leaseholder's obligations for minimum maintenance standards. The proposed regulations are in part based on the recommended changes in the January 2002 report to the Maine Legislature's Marine Resources Committee, Review of aquaculture leasing in Maine; and a citizen-initiated petition for rulemaking considered by the Department in April 2002.
PUBLIC HEARINGS:
January 7, 2003, 6:30 p.m., Middle School Library, 24 Forest Avenue, Ellsworth;
January 8, 2003, 6:30 p.m., Casco Bay Ferry Terminal Conference Room, 56 Commercial Street, Portland; and
January 9, 2003, 6:30 p.m., Marine Trades Center, 16 Deep Cove Road, Eastport.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6072
DEADLINE FOR COMMENTS: Tuesday, January 21, 2003
AGENCY CONTACT PERSON: Andrew Fisk
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 624-6664
TTY: (207) 287-4474 (Deaf/Hard of Hearing). If you require accommodations due to disability, please contact Breena Whitcomb, at (207) 624-6567.


AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 101, Standard Interest Rate (to be REPEALED)
PROPOSED RULE NUMBER: 2002-P312
CONCISE SUMMARY: This rule formerly established the standard interest rate pursuant to 36 MRSA 186 that is charged against unpaid taxes and paid by the State on overpayment of taxes. The rule is no longer necessary because of a recent amendment to section 186.
THIS RULE WILL NOT HAVE FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA 112
PUBLIC HEARING None scheduled; one may be requested.
DEADLINE FOR COMMENTS: January 20, 2001.
AGENCY CONTACT PERSON: David E. Bauer, Esq., General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9681


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 323, Maine General Assistance Manual - Lump Sum Payments and General Assistance Eligibility, Address Confidentiality Program, and Other Clarifications to General Assistance
ADOPTED RULE NUMBER: 2002-468
CONCISE SUMMARY: The rule explains how municipalities are to process a General Assistance application when there has been a lump sum payment. The lump sum payment affects both initial and repeat applicants. An initial applicant who is in an emergency situation cannot have the application denied solely due to the proration of the lump sum. The municipality will follow the requirements of the Address Confidentiality Program. The word obligation is changed to threshold throughout the policy. Municipalities shall report the total reimbursement received from a client or municipality to the state on the reimbursement claim form.
EFFECTIVE DATE: December 12, 2002
AGENCY CONTACT PERSON: Cynthia Boyd, General Assistance 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) 287-3097
TTY: (207) 287-6948


AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 204, Basic Service Calling Area
ADOPTED RULE NUMBER: 2002-469
CONCISE SUMMARY: This chapter establishes the criteria and the procedures that the Commission and Local Exchange Carriers designated as Eligible Telecommunications Carriers will follow to establish and change basic service calling areas.
EFFECTIVE DATE: December 17, 2002
AGENCY CONTACT PERSON: Paula J Cyr
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831



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