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Weekly Rulemaking Notices Contact Us Find It

June 16, 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: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4.01, Upland Game and Furbearing Animals
PROPOSED RULE NUMBER: 2004-P143
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing a rule to close the hunting season on New England Cottontail rabbits. This rule is being proposed due to the fact that the population has declined to a point where they are being considered for the Federal Endangered and Threatened Listing.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 7035
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: July 16, 2004
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Department of Inland Fisheries and Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201
E-MAIL: Andrea.Erskine@Maine.gov


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 293, Abandonment of Service and Authority to Provide Service and Transfer of Customers by Competitive Telecommunications Carriers
PROPOSED RULE NUMBER: 2004-P144
CONCISE SUMMARY: Proposed Ch. 293 will provide an efficient method for competitive telecommunications carriers to abandon service and terminate their authority to provide service, and to govern transfers of customers from one carrier to another.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA 104, 111, 1005
PUBLIC HEARING: No public hearing is scheduled; one may be requested.
DEADLINE FOR COMMENTS: July 23, 2004
AGENCY CONTACT PERSON: Paula J. Cyr
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: (207) 287-3831


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF) - Removes the Federal Poverty Level (FPL) Chart from the Maine Public Assistance Manual - Rev. #74-P
PROPOSED RULE NUMBER: 2004-P145
CONCISE SUMMARY: This rule removes the FPL Chart from the Maine Public Assistance Manual.
Federal Poverty Level's are used as an income guideline for the Emergency Assistance Program and are used to determine reimbursement amounts for Transitional Transportation benefits.
The FPL Chart is provided to Eligibility Staff as an information tool. This procedure eliminates the need to maintain a FPL Chart in the Maine Public Assistance Manual and eliminates the need to update the Chart through the rulemaking process each year.
This procedure allows the FPL to be used as soon as it is published by the Federal Government.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3761, 3762
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: July 16, 2004
AGENCY CONTACT PERSON Rose Masure, TANF Program Manager
AGENCY NAME Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-3104
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 10-149 - Bureau of Elder and Adult Services
CHAPTER NUMBER AND TITLE: Ch. 5, Bureau of Elder and Adult Services Policy Manual,
RULE TITLE OR SUBJECT: Sections 65, Nutrition; 67, Outreach, Intake and Information and Referral; 70, Senior Community Service Employment Program (SCSEP); and 75, Family Caregiver Support Program
PROPOSED RULE NUMBER: 2004-P146
CONCISE SUMMARY: Changes to Section 65-Nutrition will permit use of Electronic Benefit Transfer (EBT) for consumer donations; correct maximum holding temperature of cold foods; add a provision for denial, reduction and termination of congregate meals; clarify waiting list requirements and change requirements for notice of changes to dining sites. Section 67-Outreach, Intake, Information & Referral has changed wording to be consistent with the Older Americans Act and clarified denial, reduction and termination, consumer record and reporting requirements. Section 70-Senior Community Service Employment Program changes set the rate of pay for participants at the state minimum wage and add a provision for denial, reduction and termination of participation in the program. Section 75-Family Caregiver Support Program changes add a definition of older individuals as 60 or older; clarify who may receive respite and supplemental services; and add staff requirements for area agencies on aging.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA Chap. 1451, 1453 and 1457
PUBLIC HEARING: Wednesday, July 7, 2004, 10:00 a.m., Conference Room 1A, Department of Human Services Building, 442 Civic Center Drive (Route 27), Augusta. Any interested party requiring special arrangements at the hearing must contact the agency person below by June 28, 2004.
DEADLINE FOR COMMENTS: Written comments will be accepted by mail, fax or e-mail until 5:00 p.m. on Wednesday, July 17, 2004
AGENCY CONTACT PERSON: Betty Forsythe
AGENCY NAME: Bureau of Elder and Adult Services
ADDRESS: #11 State House Station (442 Civic Center Drive), Augusta, ME 04333-0011
TELEPHONE: (207) 287-9200 or 1 (800) 262-2232
TTY: (207) 287-9234 or 1 (888) 720-1925
E-MAIL: Betty.Forsythe@maine.gov


AGENCY: 02-029 - Department of Professional & Financial Regulation, Bureau of Financial Institutions
RULE TITLE OR SUBJECT: Ch. 136 (Regulation #36), Deposit Production Offices
PROPOSED RULE NUMBER: 2004-P147
CONCISE SUMMARY: The Bureau proposes to amend Ch. 136 (Regulation 36) to more closely parallel federal rules on the prohibition of deposit production offices. The proposed rule establishes guidelines that are generally comparable to the federal rules. The proposed amended rule reduces the reporting requirements on Maine financial institutions and credit unions by eliminating the annual Branch Loan and Deposit/Share Survey.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 9-B MRSA 241(8)
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: July 16, 2004
AGENCY CONTACT PERSON: Robert Studley, Principal Bank Examiner
AGENCY NAME: Bureau of Financial Institutions
ADDRESS: 36 State House Station, Augusta, ME 04333-0036
TELEPHONE: (207) 624-8570


ADOPTIONS

AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 702, Rules for the Low Income Spay/Neuter Program.
ADOPTED RULE NUMBER: 2004-206
CONCISE SUMMARY: This rule establishes and implements a low-income spay/neuter program for cats and dogs.
EFFECTIVE DATE: June 9, 2004
AGENCY CONTACT PERSON: Norma J. Worley
AGENCY NAME: Department of Agriculture, Food & Rural Resources - Animal Welfare Program
ADDRESS: 28 State House Station, Augusta, ME 04333-0028
TELEPHONE: (207) 287-3846


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 25.08(B), Lobster Trap Tag System
ADOPTED RULE NUMBER: 2004-207
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 adopted amendments in Ch. 25.08(B) provide for compliance and consistency with the statutory changes that took effect January 1, 2004. Ch. 25.08 has also been renumbered.
CHAPTER NUMBER AND TITLE: Ch. 25.93(B), Lobster Fishing Effort Limitations
ADOPTED RULE NUMBER: 2004-208
CONCISE SUMMARY: The Department of Marine Resources has adopted 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.
CHAPTER NUMBER AND TITLE: Ch. 26.20, Sea Urchin Research Conservation Areas - Repeal of sections 1-3 and 5-7
ADOPTED RULE NUMBER: 2004-209
CONCISE SUMMARY: The following 6 Sea Urchin Conservation areas are repealed: 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). The conservation area off Pemaquid Point - Town of Bristol (4) has ongoing research and therefore remains in effect.
EFFECTIVE DATE: June 12, 2004
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) 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 or 287-4474 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Health and Environmental Testing Laboratory
CHAPTER NUMBER AND TITLE: Ch. 257, Schedule of Charges of the Diagnostic Laboratory of the Department Of Human Services (Emergency)
STATUTORY AUTHORITY: 22 MRSA 562 (repealed), 565 et seq., and 2602 et seq.
ADOPTED RULE NUMBER: 2004-210
CONCISE SUMMARY: By statute, the Department of Human Services is required to establish by rule a schedule of charges for services rendered by the Health and Environmental Laboratory which reflects the average costs for providing those services. The schedule of Laboratory charges established in this rule is based upon the baseline costs incurred by the Laboratory in furnishing the tests and services listed. New fees are established in this rule based upon increases in costs of supplies, personnel, regulatory requirements, maintenance, repair, training, and technology. Emergency preparedness, national security, and regulatory mandates drive many of the expensive technology needs. In addition to cost fluctuations incurred by the Department in providing tests and services listed in its Fee Schedule, the Department is also required occasionally to perform additional tests and services not included in its Fee Schedule. This rule provides fees for added new technologies and analytical procedures necessary for emergency preparedness, enforcement/regulatory requirements, and other health and safety capabilities.
EFFECTIVE DATE: June 7, 2004
AGENCY CONTACT PERSON: John A. Krueger
AGENCY NAME: DHHS, Bureau of Health, Public Health and Environmental Testing Laboratory
ADDRESS: Station #12, 221 State Street
Augusta, Maine 04333
TELEPHONE: (207) 287-2727
TTY: (207) 287-4479


AGENCY: 10-144 - Department of Human Services, Bureau of Child & Family Services
CHAPTER NUMBER AND TITLE:
Ch. 16, Rules Providing for the Licensing of Family Foster Homes for Children
Ch. 15, Rules Providing for the Licensing of Specialized Children's Foster Homes
ADOPTED RULE NUMBER: 2004-211
CONCISE SUMMARY: This rule will protect foster children from exposure to second hand tobacco smoke by prohibiting smoking in a licensed family foster home and a licensed specialized children's foster home when a foster child is in placement or within 12 hour prior to an expected placement. It also prohibits smoking in a foster parents' private vehicle 12 hours prior to transporting a foster child.
EFFECTIVE DATE: July 10, 2004
AGENCY CONTACT PERSON: Martha Proulx
AGENCY NAME: Department of Human Services, Bureau of Child & Family
Services
ADDRESS: 221 State Street, State House Station #11, Augusta, ME 04333
TELEPHONE: (207) 287-5060
TDD: (207) 287-5048


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 29, Dealer Margins
ADOPTED RULE NUMBER: 2004-212
CONCISE SUMMARY: Dealer Margins have been established for various container sizes. New Dealer Margins are as follows: Gallon $0.8467/ Three Quart $0.8572/ Half-Gallon $0.4679/ Quart $0.3418/ Twenty Quart $5.4764.
EFFECTIVE DATE: June 18, 2004
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


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