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Weekly Rulemaking Notices Contact Us Find It

April 7, 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: 18-553 - Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations
RULE TITLE OR SUBJECT: Ch. [TBA], Pricing of Spirits (Title)
PROPOSED RULE NUMBER: 2004-P25
CONCISE SUMMARY: The purpose of this rule is to formalize the State of Maine's wholesale and retail price-setting policy with respect to the sale of spirits in the State. The rule is being promulgated pursuant to PL 2003, c. 20, Part LLL, as codified at 28-A MRSA 88.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: PL 2003, c. 20, Part LLL, as codified at 28-A MRSA 88.
PUBLIC HEARING: A second public hearing on this rule will be on Wednesday, 28 April 2004, at 1 p.m. in Room 107 of the Cross State Office Building, Capitol Street, Augusta, Maine
DEADLINE FOR COMMENTS: Monday, 10 May, 2004
AGENCY CONTACT PERSON: Domna Giatas, Deputy Commissioner
AGENCY NAME: Department of Administrative and Financial Services
ADDRESS: 78 State House Station, Augusta, ME 04333-0078
TELEPHONE: (207) 624-7800


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 112, Regulations for the Licensure of General and Special Hospitals in the State of Maine: Ch. IX., Medical Staff and Allied Health Staff; Ch. XIII., Pharmacy; Ch. XXIII., Psychiatric Unit; Ch. XXVII.H., Critical Access Hospital - Pharmacy; and Ch. XXVII.R., Critical Access Hospital - Medical Staff and Allied Health Staff
PROPOSED ROLE NUMBER: 2004-P83
CONCISE SUMMARY The proposed changes to the Medical Staff and Allied Health Staff, Ch. IX., and the Critical Access Hospital, Ch. XXII., more clearly define the staff categories as reflective of the change in the title, and organizes the chapter into three (3) distinct areas addressing organization and structure, membership and privileges, and quality improvement. These changes eliminate duplication and promote organization of the regulations into clearly identified areas, identify the appointment/reappointment and privileging requirements and timeframes, and address the quality improvement responsibilities of the Medical Staff.
The proposed changes to Ch. XIII., Pharmacy, and Ch. XXII.H., Critical Access Hospital - Pharmacy, organize the regulations into clearly identified areas of Personnel, Physical Facilities, Policies and Procedures, Pharmaceutical Preparation, Dispensing and Medication Order Review, Automation, and Quality Improvement. The reformatting of the regulations into these areas eliminates duplication and more clearly addresses the responsibilities while emphasizing error reduction and safety.
Ch. XXIII.C.1.d.(1)(b) and (c), Psychiatric Unit - Special Medical Record Requirements, is included because these two (2) areas further defining the progress notes were inadvertently removed in the printing of previous regulations, and are simply being reinstated.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 22, MRSA, Ch. 1, Sections 3, 5, 6, 42, 1811, 1813, 1814, 1815, 1816, 1817, 1818, 1819, 1820, 1823, 1829, 1831
DATE(S)/PLACE(S) OF HEARING(S): April 27, 2004 at 1:30 p.m., in Conference Room 1A/1B, Bureau of Medical Services, 442 Civic Center Dr., 11 State House Station, Augusta, ME 04333-0011. Any interested party requiring special arrangements to attend the hearing must contact the agency contact person listed below before April 21, 2004
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 442 Civic Center Dr., 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9300
FAX: (207) 287-9304
TTY: (207) 287-9312 (Deaf/Hard of Hearing)


AGENCY: 01-017 - Maine State Harness Racing Commission
RULE TITLE OR SUBJECT: Ch. 1, Administration: Sections 10, 14, 17, 20, and 22
PROPOSED RULE NUMBER: 2004-P84
CONCISE SUMMARY:
Section 10: The proposed change adds a new paragraph that brings the rules into conformity with state statute.
Section 14: The proposed change adds a new sub-section that conforms to the registration requirements of the United States Trotting Association.
Section 17: The proposed change prohibits an unlicensed veterinarian from dispensing medications within the paddock of a licensed race track during a race meet. Also, it requires a veterinarian to provide medical treatment in an area designated by the Commission.
Section 20: The proposed change requires that any horse that expires while racing or suffers a breakdown on a track during a race meet undergo a postmortem examination.
Section 22: The proposed change puts a time limit of ten years between violations before assessing penalties for a subsequent violation.
STATUTORY AUTHORITY: 8 MRSA 263-A, 268, 275-C, 279-A and B
RULE TITLE OR SUBJECT: Ch. 3, Officials and Race Track Management: Sections 4 and 11
PROPOSED RULE NUMBER: 2004-P85
CONCISE SUMMARY:
Section 4: The proposed rule corrects a spelling error.
Section 11: Requires the owner, trainer, groom or designated agent to roll the lip or show the freeze brand to the horse identifier.
STATUTORY AUTHORITY: 8 MRSA 263-A, 268, 275-C, 279-A and B
RULE, TITLE OR SUBJECT: Ch. 7, Racing: Section 7
PROPOSED RULE NUMBER: 2004-P86
CONCISE SUMMARY:
Section 7: The proposed rule change adds another reason for the Starting Judge to sound a recall.
STATUTORY AUTHORITY: 8 MRSA 263-A, 268, 275-C, 279-A and B
RULE TITLE OR SUBJECT: Ch. 9, Sire Stakes: Sections 2, 3, and 6
PROPOSED RULE NUMBER: 2004-P87
CONCISE SUMMARY:
Section 2: The proposed change allows for a stallion to be moved with written permission of the Executive Director; provides for a graduated pay scale to register a stallion to stand in the State; requires that mares bred by semen transported outside the State to be so identified on the breeding report; removes the requirement that foals must be conceived in the State; and conforms with a change in the Statute.
Section 3: The proposed change requires an increased nomination fee for foals from $10.00 to $20.00, and requires those foals resulting from transported semen outside the State to pay a yearly nomination fee of $150.00.
Section 6: The proposed change allows only one trailing horse per division.
STATUTORY AUTHORITY: 8 MRSA 263-A, 268, 275-C, 279-A and B, and 281
RULE TITLE OR SUBJECT: Ch. 11, Medication and Testing: Sections 1, 4, and 5
PROPOSED RULE NUMBER: 2004-P88
CONCISE SUMMARY:
Section 1: The proposed change delineates which test samples are to be taken in accordance with established protocol.
Section 4: The proposed rule is expanded to include blood doping substances as Class 1 drugs.
Section 5: The proposed rule adds a new section that prohibits certain practices from being performed on the premises of a facility under the jurisdiction of a regulatory body.
STATUTORY AUTHORITY: 8 MRSA 263-A, 268, 275-C, 279-A and B
RULE TITLE OR SUBJECT: Ch. 17, Rule Violations; Penalties: Sections 5, 6, and 21
PROPOSED RULE NUMBER: 2004-P89
CONCISE SUMMARY:
Section 5: The proposed rule establishes minimum penalties for various levels of violation.
Section 6: The proposed rule establishes minimum penalties for violations of Ch. 11 and changes the term License to Licensee.
Section 21; The proposed rule allows for the Commission to recognize all penalties from any racing jurisdiction and adds the term "she" to include both genders.
STATUTORY AUTHORITY: 8 MRSA 263-A, 268, 275-C, 279-A and B
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: April 29, 2004, 9:00 a.m., Room 319 - Deering Building, AMHI Campus, Augusta, ME 04333
DEADLINE FOR COMMENTS: May 10, 2004
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


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.08(B), Lobster Trap Tag System
PROPOSED RULE NUMBER: 2004-P90
CONCISE SUMMARY: In accordance with 12 MRSA 6421(3-A)(F) a noncommercial lobster and crab fishing applicant must declare on their license application the vessel they will use to tend their traps. The proposed amendments in Ch. 25.08(B) would provide for compliance and consistency with the statutory changes that took effect January 1, 2004. Ch. 25.08 would be renumbered.
STATUTORY AUTHORITY: 12 MRSA 6421(3-A)(F)
RULE TITLE OR SUBJECT: Ch. 25.93(B), Lobster Fishing Effort Limitations
PROPOSED RULE NUMBER: 2004-P91
CONCISE SUMMARY: The Department of Marine Resources proposes amendments to Ch. 25.93(B) to clarify that a person must indicate on a lobster and crab license application their declared lobster zone (home zone) in which they will fish the majority of their traps. The applicant must also indicate all other lobster management zones that they intend to fish on the same license application.
STATUTORY AUTHORITY: 12 MRSA 6446(3)
RULE TITLE OR SUBJECT: Ch. 26.20, Sea Urchin Research Conservation Areas - Repeal sections 1-3 and 5-7
PROPOSED RULE NUMBER: 2004-P92
CONCISE SUMMARY: The Department of Marine Resources proposes to repeal the following 6 Sea Urchin Conservation areas: East Point, York (1); Seal Head Point, York (2); Schoodic Point, Winter Harbor (3); Outer Ram Island, Beals (5); Sea Duck Rock, Addison (6) and the area located off Two Lights in Cape Elizabeth (7). These areas were established for research purpose, which has since been concluded. Areas (1), (2), (3), (5) and (6) went into effect on December 12, 1998, and Area (7) went into effect on November 19, 2000. The area off Cape Elizabeth in Ch. 26.20(7) contains a sunset provision that also repeals this section effective March 31, 2004. The conservation area off Pemaquid Point - Town of Bristol (4) has ongoing research and is therefore not proposed for repeal.
STATUTORY AUTHORITY: 12 MRSA 6171
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: Monday, April 26, 2004, 6:00 p.m., Department of Marine Resources Large Conf. Room, 200 McKown Point Road, West Boothbay Harbor. Public hearings for Ch. 25.08, Ch. 25.93 and Ch. 26.20 will be held beginning with the hearing on Ch. 25.08 at 6:00 p.m., and being followed by separate hearings on the remaining chapters, in the order listed, immediately upon the conclusion of the hearing for the previous chapter. Hearing facilities: If you require accommodations due to disability, please contact Deborah Everett, at (207) 624-6567.
DEADLINE FOR COMMENTS: Thursday, May 6, 2004
AGENCY CONTACT PERSON: Laurice U. Churchill - Mail Written comments to:
AGENCY NAME: Department of Marine Resources, attn: L. Churchill
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking/
TELEPHONE: (207) 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 or 287-4474 (Deaf/Hard of Hearing)


ADOPTIONS: no adoptions this week.

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