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December 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: 01-001 - Maine Department of Agriculture, Food & Rural Resources
RULE TITLE OR SUBJECT: Ch. 61, Maine Milk Pool: Cost of Administration
PROPOSED RULE NUMBER: 2004-P328
CONCISE SUMMARY: This rule establishes the cost of administering the Maine Milk Pool for the period January 1, 2005 through December 31, 2005.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 3154(2)
PUBLIC HEARING: 9:00 a.m., Monday, January 3, 2005 Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Room 212, Augusta, Maine 04333
DEADLINE FOR COMMENTS:
PREFILE: January 3, 2005
CLOSING COMMENTS: January 13, 2005
NAME: Stanley Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building- Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Health, Division of Health Engineering
RULE TITLE OR SUBJECT: Ch. 209, Rules Relating to Body Piercing
PROPOSED RULE NUMBER: 2004-P329
CONCISE SUMMARY: These rules are being proposed to partially amend existing Rules Relating to Body Piercing to more closely reflect current and national standards for the safe and sanitary practice of body piercing, particularly the requirement for an approved blood borne pathogen training course.
STATUTORY AUTHORITY: 32 MRSA 4321 to 4329
RULE TITLE OR SUBJECT: Ch. 210, Rules Relating to Tattooing
PROPOSED RULE NUMBER: 2004-P330
CONCISE SUMMARY: These rules are being proposed to partially amend existing Rules Relating to Tattooing to more closely reflect current and national standards for the safe and sanitary practice of tattooing. As a result, certain licensure requirements and tattooing prohibitions will be eliminated, and other safety standards and notice of public health notice and inspection will be implemented.
STATUTORY AUTHORITY: 32 MRSA 4251
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: 9:00 a.m., January 5, 2005, Pine Tree State Arboretum, Augusta, Maine 04330
DEADLINE FOR COMMENTS: January 19, 2005
AGENCY CONTACT PERSON
NAME: Rebecca Vigue
ADDRESS: Division of Health Engineering, 11 State House Station, Augusta, ME 04333
PHONE: (207) 287-1978


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 301, Permit by Rule Standards
PROPOSED RULE NUMBER: 2004-P331
CONCISE SUMMARY: The Department is proposing to amend several sections of Ch. 305, Permit by Rule Standards ("PBR"). Many amendments are designed to clarify the standards or the applicability of the rule to certain activities. Section 16, Activities in coastal sand dunes, is being modified to reflect recent amendments to Ch. 355, Coastal Sand Dune Rules, the majority of which involve new or revised definitions. The amendments to this section of PBR do not significantly reduce the kinds of activities eligible for the PBR process.
The Department is proposing the make several types of activities ineligible for the PBR process. In Section 8, Shoreline Stabilization, riprap on rivers as defined by municipal shoreland zoning will now require an individual permit under the Natural Resources Protection Act. Section 14, Piers, wharves, pilings and haulouts is being repealed, which means these activities will also require an individual permit. It is also proposed to make new public boat ramps on lakes infested with aquatic invasive plants ineligible for the PBR process.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 421-D(1) and 480-H
PUBLIC HEARING: January 6, 2005 at 1:30 p.m. @ Holiday Inn/Ground Round, 110 Community Drive, Augusta, ME 04330
DEADLINE FOR COMMENTS: 5:00 p.m. January 19, 2005. Comments may be submitted by mail at the address below, by fax at (207) 287-7191 or by e-mail at: mike.mullen@Maine.gov. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT PERSON: Mike Mullen
AGENCY NAME: Department of Environmental Protection
ADDRESS: Bureau of Land & Water Quality, 17 State House Station, Augusta, ME 04333-0017
TELEPHONE: (207) 287-4728


AGENCY: 18-554 - Department of Administrative & Financial Services, Bureau of General Services
RULE TITLE OR SUBJECT: Ch. 11, Rules Governing Pre-qualification for Single Source Procurement of Services that Do Not Exceed $25,000
PROPOSED RULE NUMBER: 2004-P332
CONCISE SUMMARY: The rule delineates the parameters and means by which individuals or organizations that provide professional, architectural, or engineering services that in the normal course of BGS operations are likely to be utilized by the Bureau in the planning, design, and monitoring of the construction of public improvements, may be pre-qualified by the Bureau of General Services for single source procurement of services when those services do not exceed $25,000.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: The rule is being promulgated pursuant to 5 MRSA 1742(6)
PUBLIC HEARING): None.
DEADLINE FOR COMMENTS: Friday, 21 January 2005
AGENCY CONTACT PERSON: Elaine Clark, Director, Bureau of General Services
AGENCY NAME: Department of Administrative & Financial Services, Bureau of General Services
ADDRESS: 77 State House Station, Augusta, Maine 04333-077
TELEPHONE: (207) 624-7360


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Health
RULE TITLE OR SUBJECT: Rules Regarding Rabies Immunization Requirements for Dog Licensure (Amendment of 10-144 CMR Ch. 260)
PROPOSED RULE NUMBER: 2004-P333
CONCISE SUMMARY: This rule is being amended to add a medical exemption clause for canines whose health may preclude vaccination, and amends the section concerning out of state rabies vaccinations.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA, 3922(3)
PUBLIC HEARING: January 6, 2005, 1:30-3:00 p.m., Dirigo Health Offices, 211 Water Street, Augusta, Maine
DEADLINE FOR COMMENTS: January 16, 2005
AGENCY CONTACT PERSON: Philip W. Haines, DrPH
AGENCY NAME: Bureau of Health, DHHS
ADDRESS: Key Plaza 8th floor, #11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-8016


ADOPTIONS

AGENCY: 10-149 - Department of Human Services, Bureau of Elder and Adult Services, Assisted Living Licensing Services
CHAPTER NUMBER AND TITLE: Ch. 113, Regulations Governing Licensing and Functioning of Assisted Housing Programs
ADOPTED RULE NUMBER: 2004-559 through 562
CONCISE SUMMARY: Pursuant to 22 MRSA 7853 and PL Ch. 673, Part V, Section V-1, V-2, V-3 and V-6, the Department of Health and Human Services is promulgating proposed rules for Private Non-Medical Institutions. Private Non-Medical Institutions are a category of licensed assisted housing programs that receive MaineCare funding.
These rules cover:
Level I Private Non-Medical Institutions that are 1 or 2 beds.
Level II Private Non-Medical Institutions that are 3-6 beds.
Level III Private Non-Medical Institutions that are 3-6 beds and employ more than 3 non related employees.
Level IV Private Non-medical Institutions that are 7 or more beds.
These rules cover such areas as: Definitions; How to Apply for a License; Enforcement Procedures; Resident Rights; Regulations for Alzheimer's Units; Medications and Treatments; Verification of Certain Staff Credentials; Scope of License, Administration and Administrators; Provider and Staff Qualifications and Responsibilities; Administrative and Record Keeping; Resident Accounts; Standards of Resident Care; Staffing; Dietary Services; Nutrition; Sanitation/Dietary Services; Sanitation/Physical Plant Requirements; and Safety Standards.
EFFECTIVE DATE: July 1, 2004
AGENCY CONTACT PERSON: Peter Mauro, Jr., Director, Assisted Living Licensing Services
AGENCY NAME: Bureau of Elder and Adult Services
ADDRESS: #11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5250. Toll free: 1 (800) 791-4080
TOLL FREE TTY: 1 (888) 720-1925


AGENCY: 09-137 - Department of Inland Fisheries Wildlife
CHAPTER NUMBER AND TITLE: Ch. 1 - 1.02 (Ice Fishing Regulations)
ADOPTED RULE NUMBER: 2004-563
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules pertaining to ice fishing. This body of rules is printed in its entirety in the Ice-in 2004 - March 31, 2005 Ice Fishing Regulations Booklet available from the Department as well as license agents.
EFFECTIVE DATE: December 8, 2004
AGENCY CONTACT-PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 101, Loan Insurance Program - Repeal and Replace of Ch. 101 and Ch. 103
ADOPTED RULE NUMBER: 2004-564
CONCISE SUMMARY: This rule establishes the procedures, standards and fees applicable to borrowers and lenders, including trustees for bondholders, applying for and benefiting from the Authority's program of business loan insurance.
EFFECTIVE DATE: January 1, 2005
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715


AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 424, Lead Management Regulations
ADOPTED RULE NUMBER: 2004-565
CONCISE SUMMARY: The Department proposed minor revisions to Ch. 424 to clarify standards of conduct for lead professionals providing lead-related services to Maine citizens and to simplify abatement work practices. The changes include a reduction in training course length, provisions to require that training providers notify the Department of offered training courses, and a requirement that training providers maintain attendance sign in/out logs to ensure that training requirements are met.
EFFECTIVE DATE: December 11, 2004
AGENCY CONTACT PERSON: Jamie Tansey
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7722


AGENCY: 12-152 - Department of Labor, Bureau of Rehabilitation Services
CHAPTER NUMBER AND TITLE: Ch. 8, Consumer Directed Personal Assistance Services
ADOPTED RULE NUMBER: 2004-566
CONCISE SUMMARY: This repeals specific sections of the Bureau of Rehabilitation Services rules for the Consumer Directed Personal 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) Use of a third party assessor; 3) Limits on the age at which an individual can enter the program; 4) Changes in the composition of the Quality Assurance Review Committee; 5) Removal of the Consumer Advisory Committee; and 6) Changes in the Appeals Process.
EFFECTIVE DATE: December 19, 2004
AGENCY CONTACT PERSON: Patten Williams, Manager, CD-PAS Programs
AGENCY NAME: Bureau of Rehabilitation Services
ADDRESS: 150 State House Station, Augusta, Maine 04333-0150
TELEPHONE: (207) 624-5922


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 2, Fee increases in sections:
2.10, Application Requirements for Standard Leases
2.43, Lease Rental Fee
2.45, Lease Renewal
2.60, Lease Transfer
ADOPTED RULE NUMBER: 2004-567
CONCISE SUMMARY: In accordance with recommendations by the Governor's Task Force on the Planning and Development of Marine Aquaculture in Maine and Legislative changes effective July 30, 2004 the Department proposes to amend and update the aquaculture fees. The application fee will be phased in over a three year period starting with increases to $500 and $1,000 for no discharge and discharge standard type leases effective January 1, 2005; $1,000/$1,500 in 2006; and to $1,500/$2,000 in 2007. The annual rental fee will be $100 per acre per year. The standard lease renewal application fee will be $1,000/$1,500 for no discharge/discharge leases with a fee exemption for scientific research type leases. An application for transfer fee will be $2,500 or $5,000 for no discharge and discharge standard type leases.
CHAPTER NUMBER AND TITLE: Ch. 2.90, Limited-purpose aquaculture (LPA) License
ADOPTED RULE NUMBER: 2004-568
CONCISE SUMMARY: The Department has adopted amendments to the regulations for limited-purpose aquaculture licenses to clarify that: no more than 4 licenses per individual are allowed by statute at any time; written decisions are required; site information on fishing and other uses must be provided in applications; non-notification to a town by DMR does not invalidate a license; compliance with updated shellfish sanitation and biotoxins monitoring regulations; renumbering and grammar corrections. The amendments also update renewal procedures and provide clarification that license issuance is not based solely on a harbormaster's or town officer's opinion.
CHAPTER NUMBER AND TITLE: Ch. 5, Confidentiality of Fisheries Statistics
ADOPTED RULE NUMBER: 2004-569
CONCISE SUMMARY: The adopted amendments clarify and update Department procedures authorized by 12 MRSA 6173 to preserve the confidentiality of statistics submitted to the Department.
CHAPTER NUMBER AND TITLE: Ch. 25.90(D)(3), Swans Island Area Lobster Trap Regulation, Lost Tag Replacement
ADOPTED RULE NUMBER: 2004-570
CONCISE SUMMARY: The Commissioner adopts the amendments to the Swans Island Conservation Area regulations in order to synchronize the Swans Island regulations with current State lobster management regulations.
CHAPTER NUMBER AND TITLE: Ch. 36.01(D)(2)(a), Herring Management Plan - Correction to Catch quota and effort restrictions exception
ADOPTED RULE NUMBER: 2004-571
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 have been amended for consistency with the Plan by clarifying that the incidental catch of herring during closures shall not exceed 2000 pounds.
EFFECTIVE DATE: January 1, 2005
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)


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