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March 31, 2004
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: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 410, Filing Microfiche (repeal)
PROPOSED RULE NUMBER: 2004-P81
CONCISE SUMMARY: The Bureau of Insurance no longer utilizes this technology.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 24-A MRSA 212
PUBLIC HEARING: There is no public hearing scheduled.
DEADLINE FOR COMMENTS: April 30, 2004
AGENCY CONTACT PERSON: Jennifer Rice, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8460


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #05-04
PROPOSED RULE NUMBER: 2004-P82
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING: 1:30 p.m., Friday, April 23, 2004, Room 233, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: April 23, 2004
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 691, Rules for Underground Oil Storage Facilities
ADOPTED RULE NUMBER: 2004-88
CONCISE SUMMARY: The adopted amendments update the regulation as follows.
a) Changes in technology and corresponding national industry codes are incorporated, such as standards of the Petroleum Equipment Institute, the National Association of Corrosion Engineers, Underwriter Laboratories, etc.
b) Errors and omissions found in the rule have been corrected. The most significant being the Department's past failure to include a requirement for overfill protection at bulk plant loading racks.
c) Findings of a recent Department study, determining that oil discharges from product dispensers are common, are addressed by requiring secondary containment under dispensers to catch these routine discharges at new facilities. Changes in Maine law made since 1996, including annual operation and maintenance inspection requirements, are also included.
EFFECTIVE DATE: March 14, 2004
AGENCY CONTACT PERSON: George Seel
AGENCY NAME: Maine Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, Maine 04330
TELEPHONE: (207) 287-2651


AGENCY: 02-029 - Department of Professional and Financial Regulation, Bureau of Financial Institutions
CHAPTER NUMBER AND TITLE: Ch. 142 (Regulation #42), Charges Permitted for Prepayment of Certain Consumer Loans
ADOPTED RULE NUMBER: 2004-89
CONCISE SUMMARY: Ch. 142 (Regulation #42) establishes guidelines to be followed by a supervised financial organization that assesses a charge for full repayment, through refinancing or otherwise, of a consumer loan secured by an interest in land, when repayment occurs prior to the end of the loan's contractual term.
EFFECTIVE DATE: March 24, 2004
AGENCY CONTACT PERSON:
NAME: Colette L. Mooney
ADDRESS: 36 State House Station, Augusta, ME 04333-0036
PHONE NUMBER: (207) 624-8570


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 301, Food Stamp Certification Manual - Change Reporting, Excluded Income, Rental Payments
ADOPTED RULE NUMBER: 2004-90
CONCISE SUMMARY: This rule has three parts:
1). Persons who are on a change reporting system will need to report changes of $50.00 in gross monthly income instead of the current $25.00 change limit.
2). Rental payments that are made in advance will now be allowable expenses for the month(s) for which payments are made.
3). Clarification is made that amounts paid to former spouses under the Uniformed Services Former Spouses' Protection Act are not to be counted as income for the person making the payments. They are considered to be part of a property settlement agreement.
EFFECTIVE DATE: March 24, 2004
AGENCY CONTACT PERSON: Richard Morrow, Food Stamp 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) 287-5093
TTY: (207) 287-6948


AGENCY: 02-031 - Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 340, Mortality Tables for Use in Determining Minimum Reserves and Nonforfeiture Benefits
ADOPTED RULE NUMBER: 2004-91
CONCISE SUMMARY: The purpose of this amendment is to authorize use of the 2001 CSO mortality table for use in determining minimum reserve liabilities and nonforfeiture benefits.
EFFECTIVE DATE: March 27, 2004
AGENCY CONTACT PERSON: Jennifer Rice
AGENCY NAME: Bureau of Insurance
ADDRESS: 34 State House Station, Augusta, ME 04333
PHONE: (207)624-8460


AGENCY: 12-179 - Maine Unemployment Insurance Commission

CHAPTER NUMBER AND TITLE: Ch. 3, 4, 11, 17, and 20 of the Rules Governing the Administration of the Employment Security Law
ADOPTED RULE NUMBER: 2004-92 through 2004-96
CONCISE SUMMARY: These rules amend existing rules relating to the filing of benefits by mail, to employees volunteering for a layoff, to the issuance of deputy determinations, and to the notification of claimants of an investigation for unemployment fraud.

CHAPTER NUMBER AND TITLE: Ch. 9 of the Rules Governing the Administration of the Employment Security Law
ADOPTED RULE NUMBER: 2004-97
CONCISE SUMMARY: This rule provides the circumstances under which claimants with a covered disability under the Americans with Disabilities Act can work part-time and receive benefits and also implements 26 MRSA 1192(3), which allows certain claimants who are not able and available and actively seeking full-time work to receive unemployment benefits.

EFFECTIVE DATE: March 27, 2004
AGENCY CONTACT PERSON: Veronica Terroni
AGENCY NAME: Maine Unemployment Insurance Commission
ADDRESS: 40 Forest Falls Drive, Yarmouth, ME 04096-6905
TELEPHONE: (207) 846-2000
FAX: (207) 846-5216
TDD: (800) 794-1110


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #04-04
ADOPTED RULE NUMBER: 2004-98
CONCISE SUMMARY: Minimum April, 2004 Class I price is $16.89 plus $1.16/cwt. for Producer Margins and an over order premium of $1.10/cwt. as being prevailing in southern New England for a total of $19.15. Class II minimums set at $13.05 for February, 2004 which includes $0.15/cwt. for Producer Margins. These changes were passed on in minimum prices.
Minimum prices can be found at http://www.maine.gov/agriculture/ahi/mmc/prihis.htm
EFFECTIVE DATE: April 1, 2004
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 12-179 - Department of Labor, Bureau of Labor Standards, Board of Occupational Safety and Health

CHAPTER NUMBER AND TITLE: Ch. 2, Occupational Safety and Health Standards for General Employment in the Public Sector
ADOPTED RULE NUMBER: 2004-99
CONCISE SUMMARY: The purpose of this Ch. is to incorporate by reference rules governing occupational safety and health in general employment as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1910 as most recently amended as of August 1, 2003.

CHAPTER NUMBER AND TITLE: Ch. 3, Occupational Safety and Health Standards for Construction Employment in the Public Sector
ADOPTED RULE NUMBER: 2004-100
CONCISE SUMMARY: The purpose of this Ch. is to incorporate by reference rules governing occupational safety and health in construction employment as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1926 as most recently amended as of January 1, 2003.

EFFECTIVE DATE: March 29, 2004
AGENCY CONTACT PERSON: William A. Peabody, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 624-6406


AGENCY: 29-250 - Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 157, The Administration of Over Dimension and Overweight Permits
ADOPTED RULE NUMBER: 2004-101
CONCISE SUMMARY: This rule establishes requirements and standards for the permitting of non-divisible over dimensional and overweight vehicles and loads (collectively overlimit loads) which are loads exceeding the size and weight limits established in Title 29-A. The Secretary of State is authorized to issue overlimit permits pursuant to 29-A MRSA 2382. This rule also establishes requirements and standards for Pilot and Police Escort vehicles.
EFFECTIVE DATE: March 29, 2004
AGENCY CONTACT PERSON: Garry Hinkley
AGENCY NAME: Bureau of Motor Vehicles, Motor Carrier Services
ADDRESS: 29 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-9055


AGENCY: 26-239 - Maine Attorney General
RULE TITLE OR SUBJECT: Ch. 106, Rules for Administering the Maine Lemon Law Arbitration Program
ADOPTED RULE NUMBER: 2004-102
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.
EFFECTIVE DATE: March 30, 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


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