July 13, 2005 Rule-Making Notice - State of Maine

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/.

AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 26.07(1), Sea Urchin Harvesting Season 2005-2006 – Zone 1
PROPOSED RULE NUMBER: 2005-P145
CONCISE SUMMARY: For purposes of conservation pursuant to 12 M.R.S.A. §6171, §6171-A and §6749 this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 1 for 2005-2006. Due to continuing stock declines, the Department proposes a 10 day season for divers, trappers, rakers and draggers in 2005-2006, which was the same length of season in 2004-2005. The Sea Urchin Zone Council recommended the selection of these particular days. Divers, rakers and trappers will have a choice of fishing 10 days in September or 10 days in December, similar to the early or late season option in Zone 2.
RULE TITLE OR SUBJECT: Ch. 26.07(2), Sea Urchin Harvesting Season 2005-2006 – Zone 2
PROPOSED RULE NUMBER: 2005-P146
CONCISE SUMMARY: For purposes of conservation pursuant to 12 M.R.S.A. §6171, §6171-A and §6749 this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 2 for 2005-2006. Due to continuing stock declines, the Department proposes a 45 day season for divers, trappers, rakers and draggers in 2005-2006, which was the same length of season in 2004-2005. The Sea Urchin Zone Council recommended the selection of these particular days.
STATUTORY AUTHORITY: 12 MRSA §6171, §6171-A and §6749
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARINGS: Monday, August 1, 2005, 6:00 p.m., Science Lecture Room, University of Maine, 9 O’Brien Avenue, Machias (The Zone 1 season proposed rules will be followed by proposed season rules for Zone 2.)
Tues., August 2, 2005, 6:00 p.m., Lincoln County Communications Center Conference Room, Route 1 (lower entrance behind the courthouse), Wiscasset (The Zone 1 season proposed rules will be followed by proposed season rules for Zone 2.)
Electronic copies with the entire proposed text may be obtained from the web site listed in this notice or to request hard copies to be mailed please use the contact information provided in this notice.
DEADLINE FOR COMMENTS: Friday, August 12, 2005
AGENCY CONTACT PERSON: Margaret Hunter, tel: (207) 633-9500
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
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: 90-590 - Maine Health Data Organization
CHAPTER NUMBER AND TITLE: Ch. 100, Enforcement and Forfeiture Procedures
ADOPTED RULE NUMBER: 2005-277
CONCISE SUMMARY: Ch. 100 establishes fines for failure to submit data or pay assessments to the MHDO, and establish increased fines for the willful misuse of the data by data recipients.
EFFECTIVE DATE: August 6, 2005
CHAPTER NUMBER AND TITLE: Ch. 120, Release of Data to the Public
ADOPTED RULE NUMBER: 2005-278
CONCISE SUMMARY: Ch. 120 establishes the manner and extent to which data submitted to the MHDO is released to the public.
EFFECTIVE DATE: August 6, 2005
CHAPTER NUMBER AND TITLE: Ch. 270, Uniform Reporting System for Quality Data Sets
ADOPTED RULE NUMBER: 2005-279
CONCISE SUMMARY: This rule explains the procedure for filing health care quality data sets including identifying the organizations required to report; establishing the requirements for content, format, medium and timeframe for filing quality data sets; establishing standards for the data reported; and specifying provisions for compliance. It was modified after the first public hearing to include quality measures related specifically to nursing care. Due to the fact that the submission guidance manual for nursing sensitive indicators has not yet been finalized, the filing deadline for nursing sensitive indicators will be extended.
EFFECTIVE DATE: Sections 3 and 4 to be effective October 1,2005. Sections 1, 2, and 5-10 to be effective August 6, 2005
CONTACT PERSON: Alan M. Prysunka, Executive Director
AGENCY NAME: Maine Health Data Organization
ADDRESS: 151 Capitol Street 102 State House Station, Augusta, ME 04333-0102
TELEPHONE: (207) 287-6722