January 21, 2004
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/.
13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 9, Harvester: Shellstock Harvesting,
Handling and Sanitation (New), and repeal of Ch. 48, Identification
and Tagging of Shellfish
PROPOSED RULE NUMBER: 2004-P9
CONCISE SUMMARY: The proposed regulations for new Ch. 9 would provide
a single consolidated chapter of shellfish sanitation rules that apply
only to shellfish harvesters, by separating the rules that apply to
harvesters from the rules that apply to certified shellfish dealers,
which are currently combined in Ch. 15-20. This rulemaking would also
update the rules consistent with the National Shellfish Sanitation Program
Model Ordinance under the federal U.S. Food and Drug Administration,
and is concurrent with separate rulemaking proceedings concerning Ch.
For Chapters 15-20:
Parallel rulemakings are proposed in each of Ch. 9 and 15-20 on shellfish
sanitation regulations to update these regulations with the U.S. Food
and Drug Administration's National Shellfish Sanitation Program - Model
Ordinance. The proposed regulations would update the general overall
sanitation rules for certified shellfish dealers for federal compliance
PROPOSED RULE NUMBER AND TITLE: 2004-P10 - Ch. 15, General Shellfish
PROPOSED RULE NUMBER AND TITLE: 2004-P11 - Ch. 16, Uniform Physical
Plant Equipment and Operation Requirements
PROPOSED RULE NUMBER AND TITLE: 2004-P12 - Ch. 17, Shucker-Packer
PROPOSED RULE NUMBER AND TITLE: 2004-P13 - Ch. 18, Shellstock
PROPOSED RULE NUMBER AND TITLE: 2004-P14 - Ch. 19, Reshipper
PROPOSED RULE NUMBER AND TITLE: 2004-P15 - Ch. 20, Depuration
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA § 6856(4)
Mon., Feb. 09, 2004, Science Bldg. (Lecture Hall), 9 O'Brien Ave., Univ.
of Maine, Machias
Tues., Feb. 10, 2004, Ellsworth City Hall (Auditorium), One City Hall
Wed., Feb. 11, 2004, State Ferry Terminal (Conf. Rm.), 515 Main Street,
Thur., Feb. 12, 2004, Municipal Bldg. (Town Hall), Chamber A, 259 Route
Fri., Feb. 13, 2004, Lincoln County Communications Center Meeting Room
(lower entrance behind the courthouse), Route 1, Wiscasset
Start time for all hearings: 6:00 p.m. Hearings for proposed Ch. 9 will
precede the hearings on Ch. 15-20.
DEADLINE FOR COMMENTS: Monday, February 23, 2004
AGENCY CONTACT PERSONS: Laurice U. Churchill or Amy Fitzpatrick
MAIL WRITTEN COMMENTS TO: c/o 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 or 633-9500
FAX: (207) 633-9579
TTY: (207) 633-9500 or 287-4474 (Deaf/Hard of Hearing).
HEARING FACILITIES: If you require accommodations due to disability,
please contact Deborah Everett, at (207) 624-6567.
19-499 - Department of Economic and Community Development, Office
of Business Development
RULE TITLE OR SUBJECT: Ch. 302, Maine Microenterprise Initiative
PROPOSED RULE NUMBER: 2004-P16
CONCISE SUMMARY This proposed amendment to Ch. 302 increases the maximum
grant awards for applications from single and dual community-based organizations
and outlines the program review requirements, including department and
grant recipient responsibilities, as well as performance and outcome
measures, governing the Maine Microenterprise Initiative.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA § 13063-0
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: February 20, 2004
AGENCY CONTACT PERSON: Brian K. Dancause
AGENCY NAME: Department of Economic and Community Development
ADDRESS: 59 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-7498
09-137 - Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 1, Open Water Fishing Regulations
PROPOSED RULE NUMBER: 2004-P17
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife is
proposing to adopt a rule closing to all fishing that portion of the
Narraguagus River from the ice control dam to the railroad bridge in
the Town of Cherryfield, except that from May 1 to June 10 a portion
of river between two sets of red posts (at 100 feet and 450 feet below
the ice control dam) is open to fly fishing. Closing the area will significantly
reduce the incidental capture of adult Atlantic salmon.
The adopted regulation will read as follows: Narraguagus River.
Closed to all fishing from the ice control dam to the railroad bridge
in the town of Cherryfield, except from May 1 to June 10 a portion of
river between two sets of red posts (at 100 feet below and 450 feet
below the ice control dam) is open to fly fishing.
STATUTORY AUTHORITY: 12 MRSA § 7035
PUBLIC HEARING: None scheduled; one may be requested. Written comments
may be submitted to the Agency Contact Person listed below.
DEADLINE FOR COMMENTS: February 20, 2004
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries
and Wildlife, 284 State Street - 41 State House Station, Augusta, ME
TELEPHONE: (207) 287-5201
94-411 - Maine State Retirement System
CHAPTER NUMBER AND TITLE: Ch. 803, Participating Local District
Consolidated Retirement Plan
ADOPTED RULE NUMBER: 2004-12
CONCISE SUMMARY: This rule governs the Consolidated Plan for Participating
Local Districts. The amendments modify specific provisions of the disability
retirement plan by which plan participants are covered, bring State
law into compliance with federal law as to the continued earning of
service when a member is on a leave of absence in order to serve in
the military, further clarify the terms that apply when a member retires
and subsequently returns to work, and make other clarifications and
corrections to the rule.
EFFECTIVE DATE: January 17, 2004
AGENCY CONTACT PERSON: Kathy Morin
AGENCY NAME: Maine State Retirement System
ADDRESS: 46 State House Station, Augusta, ME 04333-0046
TELEPHONE: (207) 512-3190 or (800) 451-9800
10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 334, Maine Rx Plus
ADOPTED RULE NUMBER: 2004-13
CONCISE SUMMARY: This rule explains the financial eligibility for enrollment
in the Maine Rx Plus Program. This program will start in January of
2004. The rule also adds a new column to Chart C-7 of the MaineCare
Eligibility Manual to reflect the Maine Rx Plus income eligibility standard
of 350% of Federal Poverty Level.
EFFECTIVE DATE: January 17, 2004
AGENCY CONTACT PERSON: Barbara Feltes, MaineCare 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) 287-5088
TTY: (207) 287-6948
10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Creation of Ch. 104, Section 3, Maine
Rx Plus Benefit
ADOPTED RULE NUMBER: 2004-14
CONCISE SUMMARY: These rules allow the Department to implement a state-operated
pharmacy benefit for Maine residents who are not otherwise eligible
for pharmacy or MaineCare benefits.
Maine Rx Plus participants will receive a discounted price on prescriptions.
Members will be required to reapply annually and will be subject to
application and financial guidelines set forth by the Bureau of Family
In order to participate, pharmacy providers must be approved as Maine
Rx Plus providers. The Department has detailed provider requirements
in Ch. 104, Section 1 and Section 3.
for rules and related rulemaking documents.
EFFECTIVE DATE: January 17, 2004
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Division of Policy & Provider Services
ADDRESS: #11 State House Station, 442 Civic Center Drive Augusta, Maine
TELEPHONE: (207) 287-9362
FAX (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
02-029 - Bureau of Financial Institutions
CHAPTER NUMBER AND TITLE: Ch. 141 (Regulation 41), Assessments
- Nondepository Trust Companies, Uninsured Banks, and Merchant Banks
ADOPTED RULE NUMBER: 2004-15
CONCISE SUMMARY: Public Law 2003 c. 322 amended the statute governing
assessments paid to the Bureau of Financial Institutions by nondepository
trust companies, uninsured banks, and merchant banks to require quarterly
rather than annual payment frequency. This regulation provides for the
transition from annual to quarterly payment of assessments.
EFFECTIVE DATE: January 18, 2004
AGENCY CONTACT PERSON: Colette L. Mooney, Deputy Superintendent
AGENCY NAME: Bureau of Financial Institutions
ADDRESS: State House Station 36, Augusta, ME 04333-0036
TELEPHONE: (207) 624-8574
Department of Human Services, Bureau of Health, Division of Family
Health, Maine Childhood Lead Poisoning Prevention Program
CHAPTER NUMBER AND TITLE: Ch. 292, Rules for Environmental Lead
ADOPTED RULE NUMBER: 2004-16
CONCISE SUMMARY: It is the intent of the MCLPPP to streamline its existing
Environmental Lead Investigation rules. This rule is intended to
establish the premises subject to environmental lead investigations,
the responsibilities of licensed lead inspectors and risk assessors,
and the information to be provided to property owners and consumers
in the course of environmental lead investigations and subsequent enforcement
EFFECTIVE DATE: January 19, 2004
AGENCY CONTACT PERSON: MaryArm Amrich, Program Manager
AGENCY NAME: Maine Childhood Lead Poisoning Prevention Program
ADDRESS: 286 Water Street, Key Plaza, 7th Floor, Augusta, ME 04333
TELEPHONE: (207) 287-4311
of the Secretary of State