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September 15, 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: 02-380 - Maine State Board of Nursing
RULE TITLE OR SUBJECT: Ch. 7, Standards for Educational Programs in Nursing
PROPOSED RULE NUMBER: 2004-P264
CONCISE SUMMARY: The proposed amendment will provide an alternative mechanism (to the site visit) for the Board to survey nursing programs.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 2102.2, 2153-A.
PUBLIC HEARING: October 7, 2004 at 3:00 p.m., Maine State Board of Nursing, 24 Stone Street, Augusta, Maine
DEADLINE FOR COMMENTS: October 18, 2004
AGENCY CONTACT PERSON: Myra A. Broadway
AGENCY NAME: Maine State Board of Nursing
ADDRESS: 158 State House Station, Augusta, ME 04333-0158
TELEPHONE: (207) 287-1133


AGENCY: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. 40, Administration of Medication in the School Setting
PROPOSED RULE NUMBER: 2004-P265
CONCISE SUMMARY: This rule provides directions to public and approved private schools in the administration of medication to students during the student's attendance in school programs. It is to assist school administrative units in developing medication administration policies, in implementing the provision of the medication statute that provides direction for training of unlicensed school personnel in the administration of medication, and requires that students be allowed to carry and self-administer prescribed emergency medications, specifically, asthma inhalers or epinephrine auto-injectors.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA 254(5)(A-C)
PUBLIC HEARING: October 6, 2004, 10:00 a.m. - 12:00 noon, Burton Cross Building, Room 103 B, Augusta
DEADLINE FOR COMMENTS: October 18, 2004
AGENCY CONTACT PERSON:
AGENCY NAME: DeEtte Hall
ADDRESS: Department of Education, 23 State House Station, Burton Cross Building, Augusta, ME 04333
TELEPHONE: (207) 624-6688


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 920, Model Building Energy Code
PROPOSED RULE NUMBER: 2004-P266
CONCISE SUMMARY: The purpose of this chapter is to define the components of the Model Energy Code that shall apply to construction practices that affect the energy use and indoor air quality of buildings in Maine.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA 104, 111, 1301; P.L. 2003 ch. 645
PUBLIC HEARING: MPUC, 242 State Street, October 6, 2004 at 9.00 a.m.
DEADLINE FOR COMMENTS: October 27, 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: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 5, Confidentiality of Fisheries Statistics
PROPOSED RULE NUMBER: 2004-P268
CONCISE SUMMARY: The proposed amendments would clarify and update Department procedures authorized by 12 MRSA 6173 to preserve the confidentiality of statistics submitted to the Department.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6173
PUBLIC HEARING: Tuesday, October 5, 2004, 6:00 p.m., Department of Marine Resources, Large Conference Room, 200 McKown Point Road, West Boothbay Harbor. (The Ch. 5 hearing will immediately follow a hearing on technical changes to herring rules in Ch. 36; see separate rule-making notice below).
DEADLINE FOR COMMENTS: Friday, October 15, 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)
HEARING FACILITIES: If you require accommodations due to disability, please contact Kim Pierce, at (207) 624-6567.


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 36.01(D)(2)(a), Herring Management Plan - Correction to Catch Quota and Effort Restrictions Exception
PROPOSED RULE NUMBER: 2004-P269
CONCISE SUMMARY: Under Amendment I to the Interstate Fishery Management Plan for Atlantic Herring, when the annual total allowable catch for Atlantic Herring is reached and an area is closed some herring, up to 2000 pounds per trip, may continue to be taken as incidental catch. These regulations would be amended for consistency with the Plan by clarifying that the incidental catch of herring during closures shall not exceed 2000 pounds.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171
PUBLIC HEARING: Tuesday, October 5, 2004, 6:00 p.m., Department of Marine Resources, Large Conference Room, 200, McKown Point Road, West Boothbay Harbor
DEADLINE FOR COMMENTS: Friday, October 15, 2004
AGENCY CONTACT PERSON: Lewis N. Flagg. 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) 624-6550 or 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 or 287-4474 (Deaf/Hard of Hearing)


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.96, Lobster Apprentice Program - Zone E Apprentice and Sponsor Requirements
PROPOSED RULE NUMBER: 2004-P270
CONCISE SUMMARY: The Department of Marine Resources proposes regulations in Ch. 25.96 based on a referendum response by Zone E members and a recommendation by the Zone E Council members to the Commissioner submitted in accordance with the provisions of 12 MRSA 6447(5-B). These proposed regulations would establish three new requirements in Zone E. Apprentices who wish to enter Zone E must complete their apprenticeship in that zone, and sponsors of Zone E apprentices must have held a Class I, II or III lobster and crab fishing license for at least 5 years. The duration of apprenticeship would add a five-year maximum to the two-year (24 months) minimum to document the required minimum 1,000 fishing hours that must be accumulated over a minimum of 200 calendar days; current apprentices would be grandfathered for the length of the program that they began their apprenticeship in.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6447(5-B)
PUBLIC HEARING: Monday, October 4, 2004, 6:00 p.m., Lincoln County Communications Center Conference Room, Route 1 (lower entrance behind the courthouse),
Wiscasset. (This hearing will immediately follow the hearing on the Zone E and F boundary; see separate rulemaking notice below.)
DEADLINE FOR COMMENTS: Thursday, October 14, 2004
AGENCY CONTACT PERSON: Terry Stockwell. Mail written comments to: c/o L. 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) 633-9556
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 Kim Pierce, at (207) 624-6567.


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.94(2)(e), Lobster Management Zones, Zone E, and Ch. 25.94(2)(f), Lobster Management Zones, Zone F
PROPOSED RULE NUMBER: 2004-P271
CONCISE SUMMARY: The Commissioner proposes the following revised western boundary for Zone E, and revised eastern boundary for Zone F, to more accurately reflect historic fishing grounds in the waters adjacent and below Cape Small as requested by a petition from Zone E members and the Lobster Zone E Management Council. The new line would begin at Newbury Point in Small Point Harbor, Phippsburg, then proceeds due SSW to N"2", then proceeds SSE to "2BH", then due south magnetic to the intersection of the 3-mile limit, follows the 3-mile limit to its intersection with the previous boundary line then due south magnetic to the Exclusive Economic Zone (EEZ).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6446(l), 6171
PUBLIC HEARING: Monday, October 4, 2004, 6:00 p.m., Lincoln County Communications Center Conference Room, Route 1 (lower entrance behind the courthouse), Wiscasset. (This hearing will be followed immediately by a hearing on the Zone E apprentice and sponsor requirements; see separate rulemaking notice.)
DEADLINE FOR COMMENTS: Thursday, October 14, 2004
AGENCY CONTACT PERSON: Terry Stockwell. Mail written comments to: c/o L. 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) 633-9556
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 Kim Pierce, at (207) 624-6567.


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping (4.06, Wild Turkey Hunting Season)
PROPOSED RULE NUMBER: 2004-P272
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt a rule amending the wild turkey hunting season by adding WMD 14 to the turkey hunting zone and establishing the dates for the split season to occur as follows: Season A: May 2, 2005 - May 7, 2005 and May 23, 2005 - May 28, 2005; Season B: May 9, 2005 - May 14, 2005 and May 16, 2005 - May 21, 2005; All permit holders: May 30 - June 4, 2005. (Permittees who have not taken a turkey during their designated season will be allowed to hunt during the last week of the season.) The proposed rule also increases the number of permits from 15,600 to 20,300 (10,150 in Season A and 10,150 in Season B). In addition, Youth Spring Wild Turkey Hunting Day will occur on the Saturday preceding the opening day of Season A (April 30, 2005). A detailed copy of the proposed rule may be obtained from the agency contact person listed below.
STATUTORY AUTHORITY: 12 MRSA 11701
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: October 15, 2004
AGENCY CONTACT PERSON: Andrea L. Erskine
AGENCY NAME: Department of Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
E-MAIL: andrea.erskine@maine.gov
TELEPHONE: (207) 287-5201


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: Deer Hunting - Open and Closed Season
PROPOSED RULE NUMBER: 2004-P273
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to establish the framework for the hunting season for antlerless deer (with hand-held bow and arrow only) within the Drakes Island and Wells Sanctuaries, in the town of Wells. This is a permit-only hunt with permits being issued to licensed archery hunters authorized by a landowner. This special permit hunt will be open for a specified period between December 1 and December 31.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 11402
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: October 15, 2004
AGENCY CONTACT PERSON: Andrea L. Erskine
AGENCY NAME: Department of Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
E-MAIL: andrea.erskine@maine.gov
TELEPHONE: (207) 287-5201


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 127, New Motor Vehicle Emission Standards
PROPOSED RULE NUMBER: 2004-P274
CONCISE: The Department of Environmental Protection is proposing to amend Ch. 127, New Motor Vehicle Emission Standards, to include the California Heavy Duty Diesel Emission Standards and the Zero Emission Vehicle sales requirement. The amendments will require all heavy duty trucks and engines sold in Maine, beginning for the 2008 model year, to be certified for sale in California and require automobile manufacturers to meet the Zero Emission Vehicle sales requirements as set forth in California Code of Regulations Title 13 Section 1962.
The amendments are being proposed in two separate but concurrent rulemakings. The Zero Emission Vehicle sales requirement is a major substantive action and must receive approval from the Legislature prior to taking effect. Therefore, because the Legislature will not be in session prior to the Board's acting upon these amendments and because the California Heavy Duty Diesel Emission Standards does not need legislative approval, these amendments are proceeding separately but concurrently.
The Department is interested in receiving separate testimony on (1) the adoption of the California Heavy Duty Diesel Emission Standards and (2) the Zero Emission Vehicle sales requirement.
Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, the public hearing and be provided with an opportunity to comment. Any party interested in providing public comment can testify at the public hearing or provide, written comments before the end of the comment period. All comments should be sent to the Agency contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 585-A provides that the Board of Environmental Protection may establish and amend regulations to implement ambient air quality standards and emission standards. These amended regulations shall be designed to achieve and maintain ambient air quality standards and emission standards within any region and prevent air pollution.
38 MRSA 585-D provides that the Board of Environmental Protection may adopt and enforce standards that meet the requirements of Section 177 of the Federal Clean Air Act, relating to control of emissions from new motor vehicles or new motor vehicle engines.
PUBLIC HEARING: October 7, 2004, 1:00 p.m., Holiday Inn/Ground Round, Augusta
DEADLINE FOR COMMENTS: October 18, 2004
AGENCY CONTACT PERSON: Melissa Morrill
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333-0017
TELEPHONE: (207) 287-2437


AGENCY: 12-170 - Maine Department of Labor, Bureau of Labor Standards
RULE TITLE OR SUBJECT: Ch. 16, Rules Governing Definitions for Executive, Administrative, and Professional Exemptions from Minimum Wage and Overtime
PROPOSED RULE NUMBER: 2004-275
CONCISE SUMMARY. The purpose of this Ch. is to define the "executive", "administrative" and "professional". minimum wage and overtime exemptions allowed for individuals who are paid on a salary basis pursuant to 26 MRSA 663(K).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA 663(K)
PUBLIC HEARING: October 6, 2004, 9:00 a.m., Bureau of Labor Standards, 6 Beech Street, Central Building, Room 106 1st Floor, Hallowell, Maine
DEADLINE FOR COMMENTS: October 16, 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: 10-144 - Department of Health and Human Services (DHHS), Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 96, Private Duty Nursing & Personal Care Services
PROPOSED RULE NUMBER: 2004-P276
CONCISE SUMMARY: PL 2004 c. 673, Sec. MMM, provides for limiting benefits and reducing rates of reimbursement for Private Duty Nursing Services to achieve $233,333 in savings for the General Fund for SFY 05. Ch. III proposes new procedure codes and some restructured reimbursement rates, as well as reduced rates for other services. Changes for Ch. II include: reduced hourly caps for IADL services; "special circumstances nursing" will allow a relative, under certain conditions, to be paid for providing nursing services to a family member; new requirements are added for billing nursing services when delivered to multiple patients during the same visit to the same location; a new "family provider option" will allow, under certain conditions, a member (or a family member) to manage his or her own personal care services; new requirements for criminal background checks are incorporated; and a new Level VIII will cover nursing services only for members who already receive personal care services under other Sections of the MaineCare Benefits Manual. The IADL portion of Appendix #1 is deleted. An Appendix # 2 that specifies the financial cap for each level-of-care is proposed.
See http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING: October 6, 1:00 p.m., Room #1A, Bureau of Medical Services, DHHS, 442 Civic Center Drive, Augusta, ME 04333
DEADLINE FOR COMMENTS: Written comments will be accepted through October 18, 2004.
AGENCY CONTACT PERSON: Julie Tosswill
AGENCY NAME: Policy and Provider Services, Bureau of Medical Services
ADDRESS: 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9360 or 1 (800) 321-5557 option 9
DEAF/ HARD OF HEARING TTY#: (207) 287-1828 or TTY# 1 (800) 423-4331


ADOPTIONS

AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4.01, Upland Game and Furbearing Animals
ADOPTED RULE NUMBER: 2004-386
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule to close the hunting season on New England Cottontail rabbits. The rule is adopted due to the population decline to a point where they are being considered for the Federal Endangered and Threatened Listing.
EFFECTIVE DATE: September 12, 2004
AGENCY CONTACT PERSON: Andrea L. Erskine
AGENCY NAME: Department of Inland Fisheries & Wildlife
ADDRESS: #41 State House Station - 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
TYPE OF RULE: New Rule
CHAPTER NUMBER AND TITLE: Ch. 25, Leashed Tracking Dog License Rules
ADOPTED RULE NUMBER: 2004-387
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted an amendment to the rules pertaining to the use of leashed dogs to track wounded deer to also allow the tracking of wounded bear and moose under the provisions of the license which was established by the Legislature. In addition, the law was changed to allow licensees to charge for their services without having to hold a guides license. This amendment reflects both of the above changes which were enacted by the 2nd Session of the 121st Legislature.
EFFECTIVE DATE: September 12, 2004
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: (207) 287-5201


AGENCY: 01-017 - Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 1, Administration: Section 20, Postmortem Examination
ADOPTED RULE NUMBER: 2004-388
CONCISE SUMMARY: Section 20 - The adopted rule requires that any horse that expires during a race at a licensed racetrack to undergo an autopsy/necropsy and if the results indicate the use of a prohibited substance the owner is responsible for the costs for the examination.
CHAPTER NUMBER AND TITLE: Ch. 9, Sire Stakes: Section 2, Eligibility Criteria
ADOPTED RULE NUMBER: 2004-389
CONCISE SUMMARY: Section 20 - The adopted rule requires that any mare that is inseminated by transported semen must be so identified on the Mares Bred List submitted to the Department.
CHAPTER NUMBER AND TITLE: Ch. 11, Medication and Testing: Section 5, Prohibited Practices
ADOPTED RULE NUMBER: 2004-390
CONCISE SUMMARY: Section 5 - The adopted rule is a new rule that prohibits the practice of Intermittent Hypoxic Treatment by External Device at a racetrack.
EFFECTIVE DATE: September 13, 2004
AGENCY CONTACT PERSON: Henry W. Jackson
AGENCY NAME: Maine State Harness Racing Commission
ADDRESS: 28 State House Station, Augusta, ME 04333-0028
TELEPHONE: (207) 287-3221


AGENCY: 10-148 - Department of Health & 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: 2004-391
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: October 9, 2004
AGENCY CONTACT PERSON: Martha Proulx
AGENCY NAME: Department of Health & 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: 19-498 - Department of Economic and Community Development / Office of Community Development (DECD/OCD)
CHAPTER NUMBER AND TITLE: Ch. 33, Program Statement for Administering the 2005 Maine Community Development Block Grant Program. (19-498 CMR Ch. 33)
ADOPTED RULE NUMBER: 2004-392
CONCISE SUMMARY: This proposed rule will allow DECD to allocate the federal funds in accordance with the U.S. Department of Housing and Urban Development regulations. It describes the design and method of distribution of funds of the Maine Community Development Block Grant Program.
EFFECTIVE DATE: September 15, 2004
AGENCY CONTACT PERSON: Michael D. Baran, Technical Assistance Program Manager
AGENCY NAME: Department of Economic & Community Development, Office of Community Development
ADDRESS: DECD/OCD, State House Station 59, 111 Sewall Street, Augusta, Maine 04333-0059
TELEPHONE: (207) 624-9816


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