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Weekly Rulemaking Notices Contact Us Find It

December 24, 2003
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: 26-239 - Maine Attorney General
RULE TITLE OR SUBJECT: Ch. 106, Rules for Administering the Maine Lemon Law Arbitration Program
PROPOSED RULE NUMBER: 2003-P296
CONCISE SUMMARY: These amendments to the current Maine Lemon Law Arbitration Program Rules reflect recent legislative changes and will improve administration of the program. Among the amendments are a necessary change to the definition of "Lemon Law term of protection" and informative additions to the Lemon Law brochure and the Lemon Law notice that is required for all warranty booklets.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 1169(3) (Administered by Attorney General)
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: January 26, 2004
AGENCY CONTACT PERSON: Julie Shanahan
AGENCY NAME: Attorney General's Lemon Law Arbitration Program
ADDRESS: 6 State House Station, Augusta, ME 04333
TELEPHONE: (207) 626-8848


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 97 and its Appendices A, B, C, D, E, and F (Private Non Medical Institutions)
PROPOSED RULE NUMBER: 2003-P297
CONCISE SUMMARY: This rule is a major substantive rule that proposes to permanently adopt two separate emergency rulemakings currently in effect (2003-98, effective April 10, 2003, and 2003-222, effective July 1, 2003) as well as propose new policy. The Department is proposing new policy that includes reductions in reimbursement. These reductions have been determined necessary because unless the Department takes corrective action, the funding available to the Department will soon be inadequate to meet various expenditures of the Department. The Department has proposed changes that will restrict reimbursement of bed-hold at 75% to all PNMI facilities. The Department is also proposing to reduce reimbursement to all PNMI providers by I%. The Department has also proposed other changes in the rule including making stipends for some foreign students allowable under certain circumstances.
Emergency rules the Department is proposing to permanently delete Appendix A from the rules, as Appendix A is an outdated cost report that cannot be accurately used to report allowable costs for private non-medical institutions. In Appendix C, the Department has added a fourth peer group for very small freestanding facilities (15 or fewer beds), taking into account higher costs for some of these facilities.
NOTE: Pursuant to its statutory authority in 22 MRSA 42 and 3173 and complying with 5 MRSA 8054, the Department intends to adopt emergency rules for Ch. III Section 97, effective in January 2004.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING:
Date: January 13, 2004, 1:00 p.m.
Location: Department of Human Services, 442 Civic Center Drive, Augusta, Maine 04333-0011. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before January 10, 2004.
DEADLINE FOR COMMENTS: January 23, 2004
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Policy and Provider Services
ADDRESS: 442 Civic Center Drive, State House Station 11, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 124, Total Reduced Sulfur Control from Kraft Pulp Mills
PROPOSED RULE NUMBER: 2003-P298
CONCISE SUMMARY: The Department is proposing to amend Ch. 124 to align the brownstock washer control compliance date with the 2007 federal pulp and paper MACT (Cluster Rule) deadline. Ch. 124 currently requires brownstock washer controls to be in place by 2005; the proposed amendments would provide affected facilities an additional two years in which to install and optimize the effectiveness of TRS controls. The complexity of controlling brownstock washers in conjunction with meeting federal MACT Subpart S requirements has resulted in the need to provide extensions to three affected facilities. The proposed amendments will allow for more effective control of TRS by providing additional time in which to "fine-tune" emission control equipment, ultimately allowing for more effective pollution control and more stringent emission limits.
Copies of these rules are available upon request by contacting the Agency contact person listed below. Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, the public hearing and be provided an opportunity for comment. Any party interested in providing public comment can testify at the public hearing or provide written comments before the end of the comment period. All comments should be sent to the Agency Contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 585-B
PUBLIC HEARING: January 15, 2004, 2:00 p.m., Best Western Senator Inn & Spa, Augusta, Maine
DEADLINE FOR COMMENTS: January 28, 2004
AGENCY CONTACT PERSON: Jeff Crawford
AGENCY NAME: Bureau of Air Quality, Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, ME 04333
TELEPHONE: (207) 287-2437


AGENCY: 02-031 - Department of Professional & Financial Regulation, Bureau of Financial Institutions
RULE TITLE OR SUBJECT: Ch. 142 (Regulation #42), Charges Permitted for Prepayment of Certain Consumer Loans
PROPOSED RULE NUMBER: 2003-P299
CONCISE SUMMARY: Public Law 2003 c.263 1 amended 9-A MRSA 2-509 to authorize supervised financial organizations to assess a consumer a reasonable charge related to the prepayment of a consumer loan secured by an interest in land. That charge must be reasonably calculated to offset only the cost of origination of the loan. Title 9-A 2-509 as amended requires the Superintendent to adopt rules to implement its provisions.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 9-A MRSA 2-509
PUBLIC HEARING): None scheduled; one may be requested.
DEADLINE FOR COMMENTS: January 23, 2004
AGENCY CONTACT PERSON: Colette L. Mooney, Deputy Superintendent
AGENCY NAME: Bureau of Financial Institutions
ADDRESS: 36 State House Station, Augusta, ME 04333-0036
TELEPHONE: (207) 624-8570


AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 100, Establishment of Renewal Agent Service Fees (for the renewal of digital operator's licenses)
PROPOSED RULE NUMBER: 2003-P300
CONCISE SUMMARY: The Secretary of State may, in accordance with Title 29-A, Ch. 3, Subchapter II, Section 202, appoint agents for the sole purpose of issuing renewals of operator's licenses from various non-BMV locations throughout the State and that these agents may charge an applicant fee over the required operator's license fee for each renewal issued. The Secretary of State proposes that any such additional fee be set at five dollars ($5.00) for each renewal issued.
TIHS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 29-A, Ch. 3, Subchapter H, Section 202
PUBLIC HEARING: None scheduled, one may be requested.
DEADLINE FOR COMMENTS: January 23, 2004
AGENCY CONTACT PERSON: Paul Potvin
AGENCY NAME: Secretary of State/Bureau of Motor Vehicles
ADDRESS: 101 Hospital Street, Augusta, ME 04333
TELEPHONE: (207) 624-9005


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 127, New Motor Vehicle Emission Standards
PROPOSED RULE NUMBER: 2003-P301
CONCISE SUMMARY: On October 17, 2003, the Department received a petition to require a rule making hearing pursuant to 5 MRSA Section 8055 and to amend the Ch. 127 New Motor Vehicle Emission Standards regulation. The petitioners are proposing to amend Ch. 127 to allow the sale of Federally-compliant diesel-powered passenger cars, including the Volkswagen TDI, in the State of Maine for a period of three years.
Copies of these rules are available upon request by contacting the Agency contact person listed below. Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, the public hearing and be provided an opportunity for comment. Any party interested in providing public comment can testify at the public hearing or provide written comments before the end of the comment period. All comments should be sent to the Agency Contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 585, 585-A, 585-D and 5 MRSA 8055
PUBLIC HEARING: January 15, 2004
2:30 p.m., Best Western Senator Inn & Spa, Augusta, Maine
DEADLINE FOR COMMENTS: January 28, 2004
AGENCY CONTACT PERSON: Ron Severance
AGENCY NAME: Bureau of Air Quality, Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, ME 04333
TELEPHONE: (207) 287-2437


ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE: Ch. 8, Landings Program - a new chapter to consolidate reporting requirements contained in the following chapters: 15.14 (Shellfish Reports); 26.10 (Urchin, Log Book); 28.10 (Marine Worm Dealer Reporting); 32.02 (Elver Harvest Reporting Requirements); 36.01 (Herring Management Plan); 25.40 (Green crabs); 27.03 (Sea Cucumber Endorsement and Reporting Regulations); 29.10 (Reporting of Seaweed Harvesting); 31.05 (Horseshoe Crabs - Permit and Reporting requirements); 32.04 (Eel Harvest Reporting Requirements); 34.10(1)(B)(4)(b)(vi) (Atlantic halibut reporting); 34.10(1)(B)(4)(c)(iv)&(v) (Whiting reporting requirements); 45.24 (Shrimp, reporting of catch); 49 (Shellfish Bait Permit); and 55.04(C) (Maine Gillnet Bait Fishing Regulations, Reporting)
ADOPTED RULE NUMBER: 2003-467
CONCISE SUMMARY: These adopted regulations consolidate and relocate landings reporting requirements from existing chapters to a single new regulation - Ch. 8 Landings Program. This consolidation of reporting requirements is an initial step to provide accuracy and continuity for the reporting of catches and landings of regulated marine organisms and to bring the Maine DMR landings program and data into conformity with the Atlantic Coastal Cooperative Statistics Program (ACCSP), a multi-state federal initiative.

CHAPTER NUMBER AND TITLE: Ch. 8.05, Primary Buyer Permit
ADOPTED RULE NUMBER: 2003-468
CONCISE SUMMARY: Any Wholesale Seafood license holder or Retail Seafood license holder who buys or obtains product direct from harvester(s) is required to obtain a no-cost Primary Buyer Permit. The permit requires reporting of landings in existing reporting requirements for only those dealers who hold this permit. The Primary Buyer Permit requires the reports to be sent to a single location where all landings will be aggregated and categorized to support and maintain a complete dealer and retail reporting compliance.
The proposed reporting requirement for dealers and retailers is part of an initial step to provide accuracy and continuity for reporting of catches and landings of regulated marine organisms and to bring the Maine DMR landings program and data into conformity with the Atlantic Coastal Cooperative Statistics Program (ACCSP), a the multi-state federal initiative.

CHAPTER NUMBER AND TITLE: Ch. 8.10(8), Lobster Dealer Reporting
ADOPTED RULE NUMBER: 2003-469
CONCISE SUMMARY: In addition to the relocation of existing reporting requirements to the new Ch. 8 Landings Program, regulations are also adopted for wholesale dealers with lobster permit and retail seafood dealers to report landings data for lobster. This requirement has been endorsed by the Maine Lobster Dealers Association with their support of the rulemaking.

EFFECTIVE DATE: December 17, 2003
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9684
FAX: (207) 633-9679
TTY: (207) 633-9600 or 287-4474 (Deaf/Hard of Hearing)


AGENCY: 99-420 - Maine Turnpike Authority
CHAPTER NUMBER AND TITLE: Ch. 1, Rules Governing the Use of the Maine Turnpike Authority (Amended)
ADOPTED RULE NUMBER: 2003-470
CONCISE SUMMARY: This rule restricts trucks, as defined in 29-A MRSA Section 101, including truck tractors but excluding pickup trucks, to the two farthest right hand lanes of the Maine Turnpike south of mile marker 44.
EFFECTIVE DATE: May 5, 2004
AGENCY CONTACT PERSON: Jonathan Arey
AGENCY NAME: Maine Turnpike Authority
ADDRESS: 430 Riverside Street, Portland, Maine
TELEPHONE: (207) 871-7771, x136


AGENCY: 17-229 - Department of Transportation
CHAPTER NUMBER AND TITLE: Ch. 300, Rules and Regulations for the Use of the Interstate Highway System (Amendment)
ADOPTED RULE NUMBER: 2003-471
CONCISE SUMMARY: This amendment to the Maine Department of Transportation's Rules restricts trucks, including truck tractors but excluding pickup trucks, all as defined in 29-A MRSA 101, to the two farthest right-hand lanes on that portion of Interstate 95 from the Maine-New Hampshire border to the southern terminus of the Maine Turnpike.
EFFECTIVE DATE: May 5, 2004
AGENCY CONTACT PERSON: Jim Smith
AGENCY NAME: Department of Transportation
ADDRESS: Office of Legal Services, 16 State House Station, Augusta ME 04333-0016
TELEPHONE: (207) 624-3020


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4.04, Moose Hunting
ADOPTED RULE NUMBER: 2003-472
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife has adopted a rule establishing the number of moose permits to be issued for the 2004 moose hunting season. As in 2003, permits will be issued for bulls and antlerless moose in each of the WMDs with permit allocations. The original proposal increased permits in WMDs 3, 6, and 11. Based on input from the public, In WMDs 6 and 11 permits have been reduced by 120 each bringing the total number of permits issued from the originally proposed 3,13 5 to 2,895. In WMDs 1, 2, 3, 5, 6, 11 and 19 the season will open on Monday following the close of the bear baiting season and remain open for 6 days. In WMDs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 18, 19, 28 and 29 the season begins on the second Monday of October and remains open for 6 days.
EFFECTIVE DATE: December 22, 2003
AGENCY CONTACT PERSON: Andrea L. Erskine
AGENCY NAME: Department of Inland Fisheries & Wildlife
ADDRESS: 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


AGENCY: 02-298 - Department of Professional & Financial Regulation, Board of Real Estate Appraisers
CHAPTER NUMBER AND TITLE: Ch. 240, Standards of Professional Practice
ADOPTED RULE NUMBER: 2003-473
CONCISE SUMMARY: The amendment identifies the current edition of the standards of professional practice with which licensees shall comply.
EFFECTIVE DATE: December 23, 2003
AGENCY CONTACT PERSON:
NAME: Carol J. Leighton, Administrator ADDRESS: Department of Professional & Financial Regulation, Office of Licensing and Registration, 35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8520


AGENCY: 02-382 - Maine State Board of Optometry
CHAPTER NUMBER AND TITLE: Ch. 1, Examination, Approved Schools; License Renewal; Fees; Continuing Education
ADOPTED RULE NUMBER: 2003-474
CONCISE SUMMARY: This rule was amended to increase the annual license fee.
EFFECTIVE DATE: December 24, 2003
AGENCY CONTACT PERSON: Susan A. Giampetruzzi
AGENCY NAME: Maine State Board of Optometry
ADDRESS: 113 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8691


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