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APA Office
Division of Elections and Commissions
101 State House Station, Augusta, Maine 04333
(207) 624-7650. FAX (207) 287-6545

December 19, 2001
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: Retail and Producer Studies.
PROPOSED RULE NUMBER: 2001-P298
CONCISE SUMMARY: The Maine Milk Commission will hold a special meeting at the Agricultural Trade Show regarding retail and producer studies being conducted by the University of Maine
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING: January 8, 2002, 10:30 a.m., Augusta Civic Center, Civic Center Drive, Washington/York Room, Augusta, Maine 04333
DEADLINE FOR COMMENTS: January 8, 2002
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 42.03(C), Striped Bass, Waters Seasonally Closed to the Use of Bait
PROPOSED RULE NUMBER: 2001-P306
CONCISE SUMMARY: A non-certified petition was received by the Department requesting modification of the Special Gear Restrictions in the Kennebec River to allow the possession and use of marine bait, dead or alive, with the use of circle hooks only, from May 1st to June 30th, inclusive. The petitioners request this amendment to improve the economics for charter and guiding operations whose client's fish for striped bass with bait and are unable to participate in this fishery during the months of May and June in the Kennebec River. Studies conducted in the states of Massachusetts and Maryland were cited by the petitioners as showing extremely low mortality rates with circle hooks, which combined with a robust population status of striped bass on the East Coast warrant the petitioners request. The Department proposes the amended regulation to accomplish what the petition requested.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171
PUBLIC HEARING: Monday, January 7, 2002, 6:00 p.m., DMR Conference Room, 200 McKown Point Road, West Boothbay Harbor
DEADLINE FOR COMMENTS: Thursday, January 17, 2002
AGENCY CONTACT PERSON: Bruce Joule
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9600
TTY: (207) 287-4474 (Deaf/Hard of Hearing)
If you require accommodations due to disability, please contact Breena Whitcomb, at (207) 624-6667.


AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. 803, Election of Soil and Water Conservation District Supervisors
PROPOSED RULE NUMBER: 2001-P307
CONCISE SUMMARY: In 1999, L.D. 1239, An Act To Clarify Governance of Soil and Water Conservation Districts, was signed into law to replace archaic language regarding the election of soil and water conservation district supervisors. The Maine Department of Agriculture is proposing to amend Ch. 803, Election of Soil and Water Conservation District Supervisors, to reflect changes in the law and to expand the number of supervisors from which two are to be selected to count election ballots. There are three amendments proposed as follows: 1) To replace reference to the now non-existent Maine Soil and Water Conservation Commission with reference to the Maine Department of Agriculture, Food and Rural Resources which assumed the powers and duties of the former SWCC regarding appointment of supervisors and oversight of SWCD elections upon abolishment of the SWCC in 1995; 2) to replace the archaic term "Land Occupier" with "Registered Voter Residing Within the District Boundaries" for the purpose of clarification; and 3) to allow for any two supervisors, elected or appointed, to count ballots provided that elected supervisors counting ballots are not running for election during the year that they are counting ballots. The present Rule requires ballots to be counted by the two appointed supervisors which causes difficulty when one or both of the appointed supervisor positions are vacant.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA Sec.1, 101, as amended by PL 1995, c. 532, 17
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, January 25, 2001, 4:00 p.m.
AGENCY CONTACT PERSON: David P. Rocque
AGENCY NAME: Maine Department of Agriculture, Food and Rural Resources
ADDRESS: 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-2666
FAX: (207) 287-7548


AGENCY: 04-058 - Department of Conservation, Bureau of Forestry (Maine Forest Service)
RULE TITLE OR SUBJECT: Ch. (New), Statewide standards for timber harvesting in shoreland areas
PROPOSED RULE NUMBER: 2001-P308
CONCISE SUMMARY: This rule establishes statewide standards for timber harvesting activities in shoreland areas. In general, timber harvesting activities in shoreland areas must not expose mineral soil that can be washed into water bodies, including nonforested wetlands. Timber harvesting adjacent to certain water bodies must leave windfirm stands that provide adequate shade. Roads constructed for timber harvesting activities in shoreland areas must be constructed and maintained to standards designed to minimize the chance of exposed soil washing into water bodies, including wetlands. Stream crossings must not disrupt the natural flow of water and must not deliver sediment to water bodies.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA c. 805, sub-c. III-A; Public Laws 1999, c. 695
PUBLIC HEARINGS:
08 January 2002, Senator Inn (Board Room), Augusta, 2:00 p.m.-4:00 p.m. and 7:00 p.m.-9:00 p.m.; and,
10 January 2002, Shire Town Inn, Houlton, 2:00 p.m.-4:00 p.m. and 7:00 p.m.-9:00 p.m.
DEADLINE FOR COMMENTS: 5:00 p.m., 22 January 2002
AGENCY CONTACT PERSON:
AGENCY NAME: Donald J. Mansius ADDRESS: Maine Forest Service, 22 State House Station, Augusta, ME 04333-0022
TELEPHONE: (207) 287-4906
FAX: (207) 287-8422
E-MAIL: donald.j.mansius@maine.gov


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: 2001-P309
CONCISE SUMMARY: On February 1, 2002, 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 recommendations from state agencies and the public 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 Section 8056-A
PUBLIC HEARING: None scheduled.
DEADLINE FOR COMMENTS: January 18, 2002
AGENCY CONTACT PERSON: Deborah Cabana, Director of Elections and Commissions
AGENCY NAME: Department of Secretary of State
ADDRESS: 10 1 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-7650


ADOPTIONS

AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 1 - 1.02 (Ice Fishing Regulations)
ADOPTED RULE NUMBER: 2001-526
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules pertaining to ice fishing seasons. This body of rules is printed in its entirety in the Ice in 2001 - March 31, 2002 Ice Fishing Regulations Booklet available from the Department as well as license agents.
EFFECTIVE DATE: December 12, 2001
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife,, 41 State House Station, Augusta, ME 04333-0041


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Medical Assistance Manual: Ch. II, Section 2, Adult Family Care Services
ADOPTED RULE NUMBER: 2001-527
CONCISE SUMMARY: Changes to this rule update medical eligibility criteria for Adult Family Care at three service levels. Specific thresholds for the MED tool assessment are defined for assistance with activities of daily living, cognitive impairment, and behavioral symptoms. Rule changes also allow Registered Nurse Consultants of Adult Family Care Homes to act as an authorized agent to conduct the required MED assessments to determine initial eligibility and to reassess eligibility. These rule changes allow Adult Family Care Homes to provide services for up to six individuals. Other changes provide minor edits and updates.
EFFECTIVE DATE: December 17, 2001
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Division of Medicaid Policy & Programs, Bureau of Medical Services
ADDRESS: #11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5527
FAX (207) 624-5524
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of
Hearing)


AGENCY: 01-017 - Maine Harness Racing Commission

CHAPTER NUMBER AND TITLE: Ch. 1, Administration, Section 1, Definitions
ADOPTED RULE NUNNIBER: 2001-528
CONCISE SUMMARY: The term "protest" was reinserted in the Commission's Rules to provide a definition of this term as it is used in our industry.

CHAPTER NUMBER AND TITLE: Ch. 5, Tracks, Section 2A, Insurance
ADOPTED RULE NUMBER: 2001-529
CONCISE SUMMARY: The section dealing with insurance was retained by the Commission to provide protection for the horsemen/horsewomen while participating at the tracks.

CHAPTER NUMBER AND TITLE: Ch. 7, Racing, Section 17, subsection 6 K, Claiming Procedures
ADOPTED RULE NUNMBER: 2001-530
CONCISE SUMMARY: This rule allows someone to claim a horse from a race even if the horse has been scratched.

CHAPTER NUMBER AND TITLE: Ch. 7, Racing, Section 58, Placing Offending Horses
ADOPTED RULE NUMBER: 2001-531
CONCISE SUMMARY: This rule allows the judges to use some discretion as to whether to place a horse for interference.

CHAPTER NUMBER AND TITLE: Ch. 13, Pari-mutuel, Section 51, Pick Three Pools.
ADOPTED RULE NUMBER: 2001-532
CONCISE SUMMARY: This new rule allows Pick Three wagering. Pick Three wagering requires a wagerer to pick the winners in three races. The present rules allow Pick Four or Pick Five wagering.

EFFECTIVE DATE: December 17, 2001
AGENCY CONTACT PERSON: Henry W. Jackson, Executive Director
AGENCY NAME: Maine State Harness Racing Commission
ADDRESS: 28 State House Station, Augusta, ME 04333-0028
TELEPHONE: (207) 287-3221


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