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Weekly Rulemaking Notices Contact Us Find It

December 26, 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 (Thursday this week because of the holiday) 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: Informational meeting and consideration of Cost of Milk Production in Maine
PROPOSED RULE NUMBER: 2002-P306
CONCISE SUMMARY: The Maine Milk Commission will hold an informational meeting and consider changes to Ch. #26 "Cost of Milk Production in Maine."
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING: 10:00 a.m., Tuesday, January 14, 2003, Washington Room, Augusta Civic Center, Civic Center Drive, Augusta, Maine 04333
DEADLINE FOR COMMENTS: January 14, 2003
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 579, Classification Attainment Evaluation Using Biological Criteria for Rivers and Streams
PROPOSED RULE NUMBER: 2002-P308
CONCISE SUMMARY: The Water Statute, Title 38 Article 4-A 464.5, requires the Board of Environmental Protection to promulgate rules necessary to implement the water quality classification system and specifically directs promulgation of rules for the evaluation of impacts on the resident biological communities of rivers and streams. This rule addresses the directive by codifying the technical procedures used by the Department of Environmental Protection to determine attainment of statutory aquatic life standards.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Water Statutes Title 38 Article 4-A, Water Classification Program 464.5. (An Act to Amend the Classification System for Maine Waters)
PUBLIC HEARING: 2:00 p.m., January 16, 2003, Ground Round, Augusta, Maine
DEADLINE FOR COMMENTS: 4:00 p.m., February 3, 2003
AGENCY CONTACT PERSON: Susan P. Davies
AGENCY NAME: Maine Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, Maine 04333
TELEPHONE: (207) 287-7778
E-MAIL: susan.p.davies@maine.gov
A copy of the proposed rule is posted at www.maine.gov/dep/blwq/rule.htm or it may be requested from Susan Davies at (207) 287-7778.


AGENCY: 01-026 - Department of Agriculture, Food and Rural Resources, Board of Pesticides Control
RULE TITLE OR SUBJECT: Board of Pesticides Control Rules:
Amendment to Ch. 10, Definitions and Terms
Amendment to Ch. 24, Pesticide Storage Facility Standards/Pesticide Distributors
Amendment to Ch. 31, Certification & Licensing Provisions/Commercial Applicators
Amendment to Ch. 50, Record Keeping & Reporting Requirements
Amendment to Ch. 51, Notice of Aerial Pesticide Applications
PROPOSED RULE NUMBER: 2002-P315
CONCISE SUMMARY: The Board is proposing a series of housekeeping amendments to make minor changes to these five chapters as follows: (1) to amend Ch. 10 to incorporate new definitions from recently adopted Ch. 27 as well as substitute "wetlands of special significance for the obsolete terms Class I and Class II wetlands; (2) to amend Ch. 24 to substitute "wetlands of special significance" for the obsolete terms Class I and Class II wetlands; (3) to also amend Ch. 24 to incorporate recent policies regarding proximity to foods and placement of signs in self-service sales areas; (4) to amend Ch. 31 to incorporate a recent policy requiring the licensed person to be physically present on the property of the client the entire time it takes an unlicensed employee to complete the application; (5) to amend Ch. 31 to create a new subcategory for persons performing sewer line root control; (6) to amend Ch. 50 to clarify the requirements for commercial applicators to file annual reports; and (7) to amend Ch. 51 to increase the minimum time from three to seven days for companies to provide notices to the Board and Maine Poison Center of their plans to conduct a non-agricultural aerial pesticide application.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 8051 et seq., 7 MRSA 601-625 and 22 MRSA 1471-A-X.
PUBLIC HEARING: 9:30 a.m. on Friday, January 17, 2003, Kennebec Room, Ramada Inn, 357 Odlin Road, Bangor
DEADLINE FOR COMMENTS: 4:00 p.m. on Friday, January 31, 2003
AGENCY CONTACT PERSON: Robert 1. Batteese, Jr.
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: (207) 287-2731
FAX: (207) 287-7548
E-MAIL: robert.batteese@maine.gov
URL: http://www.maine.gov/agriculture/pesticides/rules.htm


AGENCY: 04-058 - Department of Conservation, Bureau of Forestry (Maine Forest Service)
RULE TITLE OR SUBJECT: Ch. (New), Certified Resource Manager Grant Program
PROPOSED RULE NUMBER: 2002-P316
CONCISE SUMMARY: This rule establishes standards for the administration of and eligibility for a grant program to encourage Maine foresters to obtain initial, independent 3rd party certification as an exemplary forest resource manager.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA Ch. 801-A; PL 2001 c. 439, Pt. KKKK, 1
PUBLIC HEARING: none scheduled; one may be requested.
DEADLINE FOR COMMENTS: 5:00 p.m. local time, 28 January, 2003
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.mansius@maine.gov


AGENCY: 17-229 - Department of Transportation
RULE TITLE OR SUBJECT: Ch. (New), Transit Bonus Payment Program Rules
PROPOSED RULE NUMBER: 2002-P317
CONCISE SUMMARY: Municipalities that increase their support for Public Transit above their Fiscal Year 2001 contribution will be given a like increase in their Urban Rural Initiative Program (URIP) payment. That increase will be above and beyond their standard URIP payment but must be used only for the purposes authorized in the URIP Program. This amount will be calculated during the URIP certification process based on documentation of the increased contribution to public transit. This payment will be available to municipalities who increase support to either seasonal or year round scheduled transit of at least 5 days per week. This is for services that have been in operation for at least 3 years. Payments will begin in State Fiscal Year '04.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 23 MRSA 1807
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: January 27, 2003
AGENCY CONTACT PERSON: Barbara Donovan
AGENCY NAME: Department of Transportation
ADDRESS: Office of Passenger Transportation, 16 State House Station, Augusta, ME 04333-0016
TELEPHONE: (207) 624-3250


AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 607, Amendment 6: Access to Medical Education and Health Professions Loan Programs
PROPOSED RULE NUMBER: 2002-P318
CONCISE SUMMARY: The Rule Amendment adds a definition of large animal to further describe the clinical rotation that Veterinary Access students must complete and for purposes of prioritizing the award of Health Professions loans. The Rule Amendment also extends the beginning of the loan repayment period from 3 to 6 months following conclusion of education, which is consistent with federal student loan repayment schedules. Finally, the Rule Amendment changes the Maine residency requirement from one year prior to application to medical school to one year prior to matriculation at medical school.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 969-A(14), 20-A MRSA 12107
PUBLIC HEARING: 10:30 a.m., January 16, 2003, Finance Authority of Maine, 5 Community Drive, Augusta, Maine.
DEADLINE FOR COMMENTS: Written comments are requested on or before January 16, 2003 but will be accepted on or before January 27, 2003. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON: Katryn Gabrielson, Assistant Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715
FAX: (207) 623-0095


AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 611, Maine College Savings Program
PROPOSED RULE NUMBER: 2002-P319
CONCISE SUMMARY: The rule amendment implements the NextGen Scholarship programs. It also eliminates all references to the Procedures and Guidelines and makes other minor changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 961, P.L. 1999, Ch. 496, 20-A MRSA Ch. 426
PUBLIC HEARING: 10:30 a.m., January 16, 2003, Finance Authority of Maine, 5 Community Drive, Augusta, Maine
DEADLINE FOR COMMENTS: Written comments are requested on or before January 16, 2003, but will be accepted on or before January 27, 2003, Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON:
Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715
FAX: (207) 623-0095


ADOPTIONS

AGENCY: 02-383 - Department of Professional and Financial Regulation, Board of Osteopathic Licensure
CIIAPTER NUMIBER AND TITLE: Ch. 17, Physician/Physician Assistant - Patient Boundaries - Gifts
ADOPTED RULE NUMBER: 2002-475
CONCISE SUMMARY: The purpose of this rule is to identify under what circumstances the giving or receiving of gifts by a physician or physician assistant is considered as unprofessional conduct.
EFFECTIVE DATE: October 23, 2002
AGENCY CONTACT PERSON: Susan E. Strout, Executive Secretary
AGENCY NAME: Board of Osteopathic Licensure
ADDRESS: 142 State House Station, Two Bangor Street, Augusta, ME 04333-0142
TELEPHONE: (207) 287-2480


AGENCY: 03-201 - Department of Corrections
RULE TITLE OR SUBJECT: Ch. 15, Batterer Intervention Program Certification
ADOPTED RULE NUMBER: 2002-476
CONCISE SUMMARY: The Maine Department of Corrections is provisionally adopting a proposal to revise the existing standards for the certification of batterer intervention programs pursuant to 19-A MRSA, section 4014 to revise the Standards as a result of the 2002 biannual review. The proposed revisions to the Batterer Intervention standards will result in improved operation of the Batterer Intervention Programs.
EFFECTIVE DATE: December 23, 2002
AGENCY NAME: Maine Department of Corrections
AGENCY CONTACT PERSON: Ellis King
ADDRESS: State House Station 111, Augusta, Maine 04333-0111
TELEPHONE (207) 287-4342


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