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Weekly Rulemaking Notices Contact Us Find It

March 2, 2005
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: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.93(F)(1)(b)(vi), Exit Ratios for Limited Entry Zones — Zone A (1:1)
PROPOSED RULE NUMBER: 2005-P54
CONCISE SUMMARY: The Department of Marine Resources proposes this regulation under Ch. 25.93(F) after considering a survey of zone members and a recommendation of the Zone A Council in accordance with 12 MRSA §6448. The proposed change would consider establishing an exit ratio of one to one for Zone A and outline procedures for authorizing new zone entrants.*
RULE TITLE OR SUBJECT: Ch. 25.93(F)(1)(b)(vi), Exit Ratios for Limited Entry Zones — Zone A (3:1)
PROPOSED RULE NUMBER: 2005-P55
CONCISE SUMMARY: The Department of Marine Resources proposes this regulation under Ch. 25.93(F) after considering a survey of zone members and a recommendation of the Zone A Council in accordance with 12 MRSA §6448. The proposed change would consider establishing an exit ratio of three to one for Zone A and outline procedures for authorizing new zone entrants.*
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §6448
PUBLIC HEARING: Thursday, March 24, 2005, 6:00 p.m.*, University of Maine Machias, Science Building Lecture Hall, Room 102, 9 O'Brien Avenue, Machias
*Public hearings for two separate rulemakings for Zone A exit ratios will be held with one hearing to start immediately upon the conclusion of the previous rulemaking hearing.
DEADLINE FOR COMMENTS: Monday, April 4, 2005
AGENCY CONTACT PERSON: Terry Stockwell
Mail Written Comments to: attn.: 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 or 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: 94-270 - Commission on Governmental Ethics and Election Practices
RULE TITLE OR SUBJECT: Commission on Governmental Ethics and Election Practices: Ch. 1, Procedures, and Ch. 3, Maine Clean Election Act and Related Provisions
PROPOSED RULE NUMBER: 2005-P56 and P57
Ch. 1: Sections 1, 4, 6, 7, 10, 11, and 12.
Ch. 3: Sections 1, 3, 4, 6, 7, 8, and 9.
CONCISE SUMMARY: The proposed rule amendments: establish new definitions for certain terms, including a "member" of a membership organization; states that requests for investigations should be made upon personal knowledge; clarifies that loans, certain discounts and extensions of credit, and the provision of services by paid employees are contributions; clarifies that contributions and expenditures made for purposes of a recount are not subject to campaign finance reporting requirements, and that candidates must report the occupations and employers of contributors who give more than $50 per election, including individuals giving seed money contributions; confirms that entering into an obligation is an expenditure that must be reported; requires that if a preponderance of goods and services purchased before a primary election will be used for the general election, they must be reported as general election goods and services; advises candidates how to allocate costs of multi-candidate communications; interprets the presumption that communications naming candidates in the final 21 days before an election are presumed to be independent expenditures; clarifies the prohibition on contributions to candidates by lobbyists, lobbyist associates, and employers during the legislative session; codifies the Commission staff’s current procedures regarding certain qualifying contributions; establishes a maximum amount of Maine Clean Election Act funds that may be spent on post—election parties, thank you notes and advertising; requires special record—keeping requirements on Maine Clean Election Act candidates making large expenditures on salary expenses; institutes a policy on write—in candidates; and makes changes to the candidate campaign finance reporting forms. A copy of the proposed rule amendments are available on the Ethics Commission Web site, www.maine.gov/ethics, by calling the Commission at (207) 287—4179.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 1 MRSA §1003(l); 21—A MRSA §1126
PUBLIC HEARING: A public hearing will be held at 9:00 a.m. on March 24, 2005 at the Commission's Office, 242 State Street, Augusta, Maine.
DEADLINE FOR COMMENTS: 5:00 p.m. on April 4, 2005
AGENCY CONTACT PERSON: Jonathan Wayne, Executive Director
AGENCY NAME: Commission on Governmental Ethics and Election Practices
ADDRESS: 135 State House Station, Augusta, ME 04333—0135
TELEPHONE: (207) 287—4179


ADOPTIONS

AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #03—05
ADOPTED RULE NUMBER: 2005-79
CONCISE SUMMARY: Minimum March, 2005 Class I price is $18.68 plus $0.74/cwt. for Producer Margins and an over order premium of $ 1.10/cwt. as being prevailing in Southern New England for a total of $20.52. Class II minimums set at $13.19 for January, 2005 which includes $0.15/cwt. for Producer Margins. These changes were passed on in minimum prices.
Minimum prices can be found at http://www.maine.gov/agriculture/ahi/mmc/prihis.htm.
EFFECTIVE DATE: March 1, 2005
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building—Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287—3741


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