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Weekly Rulemaking Notices Contact Us Find It

September 8, 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: 16-633 - Department of Public Safety, Gambling Control Board
RULE TITLE OR SUBJECT: Ch. 1-22, Gambling Control Board Rules
PROPOSED RULE NUMBER: 2004-P261
CONCISE SUMMARY: The purpose of the proposed rules is to put initial requirements in place regarding the following: application for licensure and the licensing of persons participating in the operation, distribution and maintenance of slot machines and slot machine facilities; the recordkeeping by and auditing of slot machine operator licensee financial transactions; minimum internal control standards; credits; payments to the Board by licensees; slot machine location and hours of operation; uniform location agreements and contract disclosures; slot machine maintenance and transportation; license applicant fingerprinting; persons to be excluded from slot machine facilities; advertising; alcoholic beverage and tobacco products; weapons; on-premise office space; responsible gambling programs; slot machine testing and certification; slot machine standards; prohibition against a credit line; and patron disputes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 8 MRSA 1003, 1033, 1041 and c. 31
PUBLIC HEARING: September 27, 2004 at 1:00 p.m. at the Department of Public Safety, 500 Civic Center Drive, Augusta, Maine
DEADLINE FOR COMMENTS: October 7, 2004
AGENCY CONTACT PERSON: Lt. Timothy Doyle
AGENCY NAME: Gambling Control Board
ADDRESS: 87 State House Station, 500 Civic Center Drive, Augusta, ME 04333-0087
TELEPHONE: (207) 624-7141


AGENCY: 12-152 - Department of Labor, Bureau of Rehabilitation Services
RULE TITLE OR SUBJECT: Ch. 8, Consumer Directed Personal Care Assistance Services
PROPOSED RULE NUMBER: 2004-P262
CONCISE SUMMARY: This repeals specific sections of the Bureau of Rehabilitation Services rules for the Consumer Directed Personal Care Assistance Services program, which govern the delivery of Personal Assistance services to assist individuals with disabilities to remain independent in their homes by providing assistance with Activities of Daily Living and Instrumental Activities of Daily Living. The major changes include 1) The maximum amount of services available to an individual; 2) Limits on the age at which an individual can enter the program; 3) Changes in the composition of the Quality Assurance Review Committee, 4) Removal of the Consumer Advisory Committee and 5) Changes in the Appeals Process.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 26 MRSA 1412-G
PUBLIC HEARINGS:
September 27, 1-3 p.m., Bangor Career Center, Piscataquis Room;
September 28, 1-3 p.m., DHHS Building, 446 Civic Center Drive, Augusta, Conf. Room 1A & 1B;
September 29, 1-3 p.m., Exit 8, Holiday Inn, 81 Riverside St. Portland
DEADLINE FOR COMMENTS: October 11, 2004
AGENCY CONTACT PERSON: Patten Williams
AGENCY NAME: Bureau of Rehabilitation Services
ADDRESS: 150 State House Station, Anthony Ave., Augusta, ME
TELEPHONE: (207) 624-5922
TTY: 1 (888) 755-0023
E-MAIL: patten.h.Williams@maine.gov


AGENCY: 02-029 - Department of Professional & Financial Regulation, Bureau of Financial Institutions
RULE TITLE OR SUBJECT: Ch. 131 (Regulation #31), Assessments - Financial Institutions
PROPOSED RULE NUMBER: 2004-P263
CONCISE SUMMARY: Proposed Ch. 131 (Regulation #31) will repeal and replace the existing rule. This proposed rule will decrease the amount of assessment paid by state-charted financial institutions from 7 cents per $1,000 to 6 cents per $1000 of total average assets. Copies of this rule may be obtained, and electronic comments may be filed, by accessing the Bureau of Financial Institutions' Internet Home Page at www.mainebankingreg.org.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 9-B MRSA 214(2)(A) and 215
PUBLIC HEARING: None scheduled
DEADLINE FOR COMMENTS: October 15, 2004
AGENCY CONTACT PERSON:
NAME: Colette Mooney, Deputy Superintendent
ADDRESS: Bureau of Financial Institutions, 36 State House Station, Augusta, ME 04333-0036
TELEPHONE: (207) 624-8570


ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 152, Control of Volatile Organic Compounds from Consumer Products
ADOPTED RULE NUMBER: 2004-375
CONCISE SUMMARY: The Department has adopted a rule addressing volatile organic compound (VOC) emissions from consumer products. Beginning May 1, 2005, consumer products sold, offered for sale or manufactured in Maine must meet certain standards limiting VOC content.
EFFECTIVE DATE: September 1, 2004
AGENCY CONTACT PERSON: Andrea Lani
AGENCY NAME: Bureau of Air Quality, Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, ME 04333
TELEPHONE: (207) 287-2437


AGENCY: 04-061 - Department of Conservation, Land Use Regulation Commission
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: Vegetation Clearing Standards and Property Line Setback Waiver
ADOPTED RULE NUMBER: 2004-376
CONCISE SUMMARY: Public Law Ch. 637 of the 121st Legislature amended the vegetation clearing standards of the Natural Resources Protection Act and directed the Land Use Regulation Commission to make comparable changes to its vegetation clearing standards. These change the manner in which points are assigned to trees within the required vegetative buffer and insure that an adequate number of small trees are retained so that the buffer is retained indefinitely. These changes to Section 10.27, B of the Commission's rules incorporate similar changes to those of the Natural Resources Protection Act. The Commission also provided for an exemption to the property line setback where written approval is obtained from the adjoining property owner and there is no practical alternative.
EFFECTIVE DATE: September 13, 2004
AGENCY CONTACT PERSON: Frederick W. Todd
AGENCY NAME: Land Use Regulation Commission
ADDRESS: 22 State House Station, Augusta, Maine 04333-0022
TELEPHONE: (207) 287-2631


AGENCY: 02-030 - Office of Consumer Credit Regulation
CHAPTER NUMBER AND TITLE: Ch. 270, Adjustment of Volume Fees
ADOPTED RULE NUMBER: 2004-377
CONCISE SUMMARY: This rule adjusts volume fees for supervised lenders making loans secured by an interest in land from $15 per $100,000 of original unpaid balances to $10 per $100,000 so long as the fund balance of The Office of Consumer Credit Regulation as of October 1st of the previous calendar year exceeds 125% of the office's then-current annual budget.
EFFECTIVE DATE: September 5, 2004
AGENCY CONTACT PERSON: Linda Cunningham
AGENCY NAME: Office of Consumer Credit Regulation
ADDRESS: 35 State House Station, Augusta, ME 04330-9779
TELEPHONE: (207) 624-8527


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4.02, Migratory Bird Hunting
ADOPTED RULE NUMBER: 2004-378
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted rules establishing season dates, daily limits and possession limits on sea ducks, ducks, geese and other migratory game birds for the 2004 Migratory Bird Hunting Season. These rules are adopted in accordance with the guidelines of the Federal Migratory Bird Treaty Act. Detailed rules may be obtained from the Agency Contact Person and will also be available at License Agent locations throughout the. State.
EFFECTIVE DATE: September 6, 2004
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Department of Inland Fisheries & Wildlife
ADDRESS: #41 State House Station - 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


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