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November 23, 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/rules/.


PROPOSALS

AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access & Support
RULE TITLE OR SUBJECT: Ch. #332, MaineCare Eligibility Manual Rev. #225P
PROPOSED RULE NUMBER: 2005-P299
CONCISE SUMMARY: This rule proposes a number of changes limiting eligibility to MaineCare as authorized by the Maine Legislature. Major areas affected are transfer of assets, allocation of assets between spouses, treatment of trusts, annuities, self employment, burial funds. The rule also clarifies other areas of policy: Transitional MaineCare, cost of care in residential care facilities and nursing facilities, premiums for the Limited (HIV) Benefits.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173
PUBLIC HEARING: Friday, December 16th, 2005 starting at 9:00 a.m. at Jewett Hall Auditorium, University of Maine at Augusta, 46 University Drive, Augusta, Maine 04330
DEADLINE FOR COMMENTS: 5:00 p.m. on December 26th, 2005
AGENCY CONTACT PERSON: Robert Thibodeau, MaineCare Program Manager
AGENCY NAME: Department of Health and Human Services
ADDRESS: Office of Integrated Access and Support 11, State House Station, 268 Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5054
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 12-597 - Maine Department of Labor, Bureau of Employment Services
RULE TITLE OR SUBJECT: Ch. 1, Rules Governing Implementation of the Trade Adjustment Assistance Program, established by the United States Trade Act of 1974
PROPOSED RULE NUMBER: 2005-P300
CONCISE SUMMARY: The proposed rule establishes standards and procedures for implementing the Act, including assessment and approval for training and methods of training in order to ensure that policies are consistently applied throughout the State of Maine.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA 2051
PUBLIC HEARING:
Date: Tuesday, December 13, 2005
Time: 1:00 p.m. 3:00 p.m.
Location: Augusta CareerCenter, 2 Anthony Avenue, Augusta, ME 04330
DEADLINE FOR COMMENTS: December 26, 2005
AGENCY CONTACT PERSON: Judy Pelletier, Trade Program Manager
AGENCY NAME: Bureau of Employment Services
ADDRESS: 55 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-6395


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 314, Statewide Low-Income Assistance Plan
PROPOSED RULE NUMBER: 2005-P301
CONCISE SUMMARY: In this notice of rulemaking, the Commission seeks comment on proposed changes to Ch. 314 (Statewide Low-Income Assistance Plan) to provide financial assistance to low-income customers who must use an oxygen pump at least 8 hours each day.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA 104, 111, and 3214; 38 MRSA 4961 and 4962
PUBLIC HEARING: None Scheduled
DEADLINE FOR COMMENTS: December 23, 2005
AGENCY CONTACT PERSON: Paula J.Cyr
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18 Augusta, Maine, 04333-0018
TELEPHONE: (2D7) 287-3831


AGENCY: 18-125 Department of Administrative and Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 150, Joint Rules Governing Collection of Reciprocal Taxation of Motor V ehicles
PROPOSED RULE NUMBER: 2005-P302
CONCISE SUMMARY: The Rule is being repealed because it is obsolete and inoperative. The Law Court found the statutory authority for the rule to be unconstitutional and the statutory authority was repealed effective April 12, 1994.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 29 MRSA 2243-C
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: December 23, 2005
AGENCY CONTACT PERSON: John W. Sagaser, Esq., General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9536


AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. #332, MaineCare Eligibility Manual: Rev. #223R-P, Coverage of Caretaker Relatives and Children Under Age 18 at 200% FPL
This is a re-proposal with updates that had failed to meet the required filing deadline as defined by the adoption timeframe guidelines.
PROPOSED RULE NUMBER: 2005-P303
CONCISE SUMMARY The Department is proposing to create a new MaineCare coverage group for caretaker relatives for children under the age of 18 who have income between 150% and 200% of Federal Poverty Level (FPL). The changes contemplated by this proposed rule (expand MaineCare income limits for parents and other specified relatives serving in a parental role to 200% FPL) require approval by CMS, the federal agency that oversees MaineCare. The Department sent a proposed amendment to the State Plan to CMS on March 28, 2005. The Department received approval for this change on October 11, 2005.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173, 3174
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: December 23, 2005
AGENCY CONTACT PERSON: Robert Thibodeau, MaineCare Program Manager
AGENCY NAME: Department of Health and Human Services
ADDRESS: Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5054
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 531, Regulations for Wastewater Operator Certification
PROPOSED RULE NUMBER: 2005-P304
CONCISE SUMMARY: This chapter governs the certification of persons qualified to operate public and private wastewater treatment plant in Maine. The chapter establishes criteria for determining a grade for each wastewater facility based on flows and pollutant loading. The chapter establishes criteria that must be met by a person wishing to be certified as qualified to operate a wastewater facility having a given grade.
Many of the proposed amendments are minor clarifications and formatting changes. However, the amendments to the chapter will create a new classification of wastewater treatment plant operator for small facilities using spray irrigation for treatment. If this class of operators is not created, owners and operators of campgrounds, trailer parks and seasonal industries that typically use this type of treatment will be required to employ operators who are certified to operate facilities that discharge to the surface waters of the state. Since the type of treatment, and therefore the skills and knowledge necessary to properly operate these systems, are different, establishing a new category of operators is necessary.
The fee structure is being removed from the chapter in anticipation of transferring the administration of the Wastewater Operator Certification Program to an outside organization. The fees for initial certification and biennial renewal are anticipated to increase. To the extent that municipal governments pay the certification fees for those individuals employed by such municipalities, those payments will increase under this proposed rule as shown above. The Commissioner will continue to sign all wastewater operator certificates and DEP staff will oversee the program.
A copy of the proposed rule can be viewed and downloaded at http://www.maine.gov/dep/blwq/rule.htm
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 4179
PUBLIC HEARING: 1:00 p.m., December 15, 2005 at the Ground Round Restaurant in Augusta, ME
DEADLINE FOR COMMENTS: December 27, 2005 at 5:00 p.m. Comments may be submitted by mail at the address below, by fax at (207) 287-3435 or by e-mail at Dick.Darling@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: Richard Darling
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333-0017
TELEPHONE: (207) 287-7806


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 45.05(1)(A)(2), Shrimp Season, 2005 2006
PROPOSED RULE NUMBER: 2005-P305
CONCISE SUMMARY: These proposed regulations would adopt, through the regular rule-making process, changes that become effective with the adoption of the emergency rules establishing the 2005 2006 shrimp season. The proposed season would take place from December 12, 2005 through April 30, 2006. The season for the harvest of shrimp by trawl and by trap would be the same dates.
STATUTORY AUTHORITY: 12 MRSA 6171
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled; one may be requested
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, December 23, 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
TEL: (207) 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 (Deaf/Hard of Hearing)


AGENCY: 10-148 Department of Health and Human Services, Adoption Assistance Program
RULE TITLE OR SUBJECT: Ch. (New), Rules for Permanency Guardianship
PROPOSED RULE NUMBER: 2005-P306
CONCISE SUMMARY: The Rules for the Permanency Guardianship Program identify the eligibility requirements and amount and duration of permanency guardianship assistance available to eligible families in the Permanency Guardianship subsidy program. The rules describe the terms of the agreement between the family and the State and the procedures for applying to the program. Permanency Guardianship provides a permanency option to children who might otherwise remain in foster care until the age of majority. The State has developed a comprehensive program to provide relatives and other individuals the opportunity to become the permanency guardians of children in the custody of the State or of Tribal authorities in the State of Maine. Through the provision of a financial subsidy, the state seeks to promote the utilization of guardianship and improved permanency outcomes for children in out-of-home placement.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 22 MRSA 4038-D
PUBLIC HEARING:
* Houlton DHHS, 11 High Street, Houlton, Nov. 30th, Rooms A&B (combined), 6:00 p.m.. -7:30 p.m.
* Bangor DHHS, 396 Griffin Rd., Bangor, December 6th, Lg. Conf. Room, 6:00 p.m. - 7:30 p.m.
* Augusta DHHS, 221 State St., Augusta, December 8th, Lg. Conf. Room, 6:00 p.m. -7:30 p.m.
* Portland DHHS, 161 Marginal Way., Ptld., December 15th, Rms. A&B, 6:00 p.m. - 7:30 p.m.
DEADLINE FOR COMMENTS: January 16, 2006
AGENCY CONTACT PERSON: Virginia Marriner
AGENCY NAME: DHHS, Adoption Assistance Program
ADDRESS: 221 State Street, Augusta
TELEPHONE: (207) 287-5060


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 895, Underground Facility Damage Prevention Requirements
PROPOSED RULE NUMBER: 2005-P307
CONCISE SUMMARY: The Commission proposes to amend Ch. 895, the Underground Facility Damage Prevention Requirements Rule, to carry out the directives in P.L. 2005, Ch. 334. Amendments would be made to alternative notice requirements, procedures when installing new facilities, determination of penalty levels, and procedures when previously unknown facilities are discovered. This is a major substantive rulemaking, so the Commission will provisionally adopt amendments that are then subject to review and adoption by the Legislature. 5 MRSA 8067.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 8001 et seq., 23 MRSA 3360-A, 35-A MRSA 104, 111, and 1502
PUBLIC HEARING: December 14, 2005, 9:30 a.m., Hearing Room, Maine Public Utilities Commission
DEADLINE FOR COMMENTS: Pre-hearing written comments may be filed no later than December 5, 2005. Comments may also be filed after the hearing, no later than January 6, 2006. Comments should be submitted electronically by going to the Commission's web site (www.state.me.us/mpuc) and following the electronic filing instructions. Filings should refer to Docket No. 2005-549.
AGENCY CONTACT PERSON: Paula J. Cyr
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, State House Station 18, Augusta, Maine 04333-0018
TELEPHONE: (207) 287-6074


AGENCY: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. 127, Instructional Program, Assessment and Diploma Requirements
PROPOSED RULE NUMBER: 2005-P308 major substantive
CONCISE SUMMARY: This rule establishes the instructional program requirements, requirements for local assessment systems, secondary school diploma, and the validation and school assistance process. The rule also provides specific direction on the development of a standards-based educational system, an integrated, coherent set of beliefs, programs, and practices designed to ensure that all students have a fair opportunity to learn, develop understanding of, and demonstrate achievement of an identified set of standards, exemplified by the Maine Learning Results.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 20-A MRSA Ch. 222, 6209-A, sub-2 and 6211
PUBLIC HEARING: December 12, 2005, 1:00 p.m., Burton M. Cross State Office Building, ATM Room, and three remote locations: Presque Isle High School, Bangor High School, Falmouth High School
DEADLINE FOR COMMENTS: December 22, 2005
AGENCY CONTACT PERSON: Patrick Phillips, Department of Education, 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6620


AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. 751, Rules Governing Arborist Licensing, Testing, and Enforcement in the State of Maine (replaces current Ch. 751-754)
PROPOSED RULE NUMBER: 2005-P309 through P312
CONCISE SUMMARY: This rule proposes to repeal the four current chapters relating to arborist licensing, testing, enforcement and Code of Ethics and combine them into one chapter. It also proposes a number of changes in the Department of Agriculture's Arborist Licensing program. Major changes include: adding a definition for the Department of Agriculture, Food and Rural Resources; combining the wording for licensing categories; adding a $40 fee for an upgraded study guide; replacing all references to the Arborist Examining Board with the Department of Agriculture, Food and Rural Resources; changing the required material covered by arborist exams; clarifying the processing of complaints against licensed arborists; and other non-substantive changes to improve the clarity and readability of the rules.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA ch. 404 2l73-2191
PUBLIC HEARING: December 15,2005 at 9:30 a.m. in Room 233, Deering Building, Department of Agriculture, Augusta, ME
DEADLINE FOR COMMENTS: December 27, 2005
AGENCY CONTACT PERSON: Terry L. Bourgoin, Director
AGENCY NAME: Division of Plant Industry
ADDRESS: 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3891


AGENCY: 09-137 Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 1.01, Open Water Fishing Regulations
PROPOSED RULE NUMBER: 2005-P313
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing regulation changes for the upcoming open water fishing seasons on the following waters: B Brook and tributaries, Upton, C Pond and tributaries and Dead Cambridge River and tributaries, C Surplus and Upton, Swift Cambridge River, Grafton Twp. and Upton all in Oxford County - add "no size or bag limit on bass" regulation; Stink Pond, T15R9 WELS, Aroostook County - add "all trout caught must be released alive at once" regulation. Kennebec River, East Outlet, Sapling Twp., Moose River (Section D), Rockwood, and Moose River (Section E), Rockwood, all in Somerset County - increase the minimum length limit on brook trout from 12 inches to 14 inches; 1st Currier Pond, T9R11 WELS - From April 1 - October 31: S-5, S-18. Written comments may be submitted on any of these proposals.
THIS RULE WILL NOT HAVE A FISCAL IMPACE ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 10104
PUBLIC HEARING: None scheduled; one may be requested. Written comments may be submitted.
DEADLINE FOR COMMENTS: December 23, 2005
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
E-MAIL: andrea.erskine@state.me.us
TELEPHONE: (207) 287-5201


AGENCY: 16-219 Office of State Fire Marshal
RULE TITLE OR SUBJECT: Ch. 1, Fee Schedules For Plans Examination
PROPOSED RULE NUMBER: 2005-P314
CONCISE SUMMARY: Ch. 1 establishes fee schedules for the review of construction plans to ensure compliance with life safety codes. To conserve storage space and reduce costs the Office of the Fire Marshal is encouraging persons/organizations to submit accurate construction plans in an electronic format whenever possible. Submitting the plans can in that format also provide first responders more immediate structural information on buildings in Maine.
STATUTORY AUTHORITY: 25 MSRA 2450
RULE TITLE OR SUBJECT: Ch. 4, Sprinkler Systems
PROPOSED RULE NUMBER: 2005-P315
CONCISE SUMMARY: Ch. 4 establishes standards for the selection and installation of stationary pumps used to supply water for fire protection. Ch. 4 incorporates the National Fire Protection Agency Standard #409, Standard on Aircraft Hangars. This rule updates Standard #409 to the 2004 edition.
STATUTORY AUTHORITY: 25 MRSA 2452; 32 MRSA 1382
RULE TITLE OR SUBJECT: Ch. 6, Fire Extinguishing Systems
PROPOSED RULE NUMBER: 2005-P316
CONCISE SUMMARY: Ch. 6 incorporates National Fire Protection Association (NFPA) standards for fire extinguishing systems:
NFPA # 11, Standard for Low Expansion Extinguishing Systems, 2002 edition
NFPA # 11A, Standard for Medium and High Expansion Foam Extinguishing Systems, 1999 edition
NFPA # 12, Standard for Carbon Dioxide Extinguishing Systems, 2000 edition
NFPA # 17, Standard for Dry Chemical Extinguishing Systems, 2002 edition
NFPA # 17 A, Standard for Wet Chemical Extinguishing Systems, 2002 edition
NFPA # 18, Standard on Wetting Agents, 1995 edition
NFPA # 2001, Standard on Clean Agent Fire Extinguishing Systems, 2004 edition
STATUTORY AUTHORITY: 25 MRSA 2452; 32 MRSA 1382
RULE TITLE OR SUBJECT: Ch. 7, Dry Cleaning Plants
PROPOSED RULE NUMBER: 2005-P317
CONCISE SUMMARY: Ch. 7 incorporates NFPA #32, Standard for Dry Cleaning Plants, 2004 edition, pertinent to the prevention, protection from, and control of fire and explosion hazards incident to dry cleaning operations for all employees and the public. This rule incorporates the most recent edition.
STATUTORY AUTHORITY: 25 MRSA 2452
RULE TITLE OR SUBJECT: Ch. 16, Storage and Handling of Liquefied Petroleum Gases
PROPOSED RULE NUMBER: 2005-P318
CONCISE SUMMARY: Ch. 16 incorporates National Fire Protection Association (NFPA) standard # 58, Liquefied Petroleum Gas Code, 2004 edition and # 59, Utility LP-Gas Plant Code, 2004 edition. The codes prescribe safeguards intended to safely store, handle, transport, and use LP-Gas. In addition, this chapter prescribes safe design, construction, location, installation, operation, and maintenance features of refrigerated and non-refrigerated utility gas plants. Each code is being updated to the most recent edition.
STATUTORY AUTHORITY: 25 MRSA 2452, 2482
RULE TITLE OR SUBJECT: Ch. 19, Vapor Removal from Cooking Equipment
PROPOSED RULE NUMBER: 2005-P319
CONCISE SUMMARY: Ch. 19 incorporates National Fire Protection Association (NFPA) # 96, Standard for the Ventilation Control and Fire Protection of Commercial Cooking Operations, 2004 edition. This standard provides the minimum fire safety requirements (preventative and operative) related to the design, installation, operation, inspection, and maintenance of commercial/public and private cooking operations. This rule updates the standard to the latest edition.
STATUTORY AUTHORITY: 25 MRSA 2452
RULE TITLE OR SUBJECT: Ch. 25, Rules for the Display of Fireworks
PROPOSED RULE NUMBER: 2005-P320
CONCISE SUMMARY: Ch. 25 incorporates by reference National Fire Protection Association (NFPA) Standards:
# 1123, Code for Fireworks Display, 2000 edition
# 1124, Code for the Manufacture, Transportation, and Storage of Fireworks and Pyrotechnic Articles, 2003 edition
# 1122, Code for Model Rocketry, 2002 edition. Technical changes are being made to the rule to ensure consistency with statute.
All rights reserved by the National Fire Protection Association_ Copies of NFPA Standards or codes are available through the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269
STATUTORY AUTHORITY: 8 MRSA 236
RULE TITLE OR SUBJECT: Ch. 34, Rules and Regulations for Flammable and Combustible Liquids
PROPOSED RULE NUMBER: 2005-P321
CONCISE SUMMARY: Ch. 34 incorporates by reference National Fire Protection Association (NFPA) Standards:
# 30, Flammable and Combustible Liquids, 2003 edition
# 30A, Code for Dispensing Facilities and Repair Garages, 2003 edition
# 30B, Code for the Manufacture and Storage of Aerosol Products, 2002 edition
# 385, Standard for Tank Vehicles for Flammable and Combustible Liquid, 2000 edition
This rule was reorganized so that all aspects pertinent to gasoline dispensing are grouped together. The rule was also amended to enable the Fire Marshal's Office with guidelines for the regulation of unattended gas stations.
STATUTORY AUTHORITY: 25 MRSA 2482
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: December 16, 2005 at the Department of Public Safety, 45 Commerce Dr;, Augusta, Maine 04330 @ 1:00 p.m. in Florian Hall.
AGENCY CONTACT PERSON: Richard E. Taylor, Planning and Research
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 52 State House Station Augusta, ME 04333-0052
TELEPHONE: (207) 626-3873
DEADLINE FOR COMMENTS: December 27, 2005


ADOPTIONS

AGENCY: 19-100 - Department of Economic and Community Development
CHAPTER NUMBER AND TITLE: Ch. 100, Pine Tree Development Zone Program
ADOPTED RULE NUMBER: 2005-470
CONCISE SUMMARY: The Pine Tree Development Zones Program was established by the Legislature in PL 2003 Ch. 688, Part D, and amended by PL 2005 Ch. 351. The amendment to the rule clarifies the changes made to the law, including administration of the program by the Department of Economic and Community development of the eight Pine Tree Development Zones, each containing no more than 5,000 acres. This rule defines what regions are eligible to apply and the application process. It also defines what a business must do to qualify for the benefits provided by a zone.
The rules governing the Pine Tree Development Zones program establish the minimum requirements for the designation of zones, the determination and certification of eligibility, the selection of zones for designation, and the periodic evaluation of zone performance. The rules prescribe application requirements, procedures for designation and amendment of zones, reporting requirements and the general administration of the program. Additionally, the rules establish the requirements and procedures for the certification of Qualified Pine Tree Development Zone Businesses.
The Maine Pine Tree Development Zone Program offers manufacturers, financial service businesses and targeted technology companies the chance to greatly reduce or, in some cases, virtually eliminate state taxes for a period of time that may be up to ten years. Depending on the level of certified economic activity conducted in the Pine Tree Development Zones, the tax burden of qualified businesses may be reduced through specific exemptions, reimbursements, and credits explained in detail in the amended rule.
It is the intent of the Department of Economic and Community Development to ensure that all eligible and interested units of local government have the opportunity to participate in the Pine Tree Development Zones program.
EFFECTIVE DATE: November 19, 2005
AGENCY CONTACT PERSON: James Nimon
AGENCY NAME: Department of Economic and Community Development (DECD)
ADDRESS: 59 State House Station, Augusta ME 04333-0059
TELEPHONE: (207) 624-9822


AGENCY: 10-144 - Department of Health and Human Services, Maine Center for Disease Control and Prevention, Division of Chronic Disease, Maine Breast and Cervical Health Program
CHAPTER NUMBER AND TITLE: Ch. 707, Rules Relating to the National Breast and Cervical Cancer Early Detection Program (NBCCEDP) in Maine
ADOPTED RULE NUMBER: 2005-471
CONCISE SUMMARY: These rules are created to implement the requirements of the Centers for Disease Control and Prevention (CDC)'s Cooperative Agreement with DHHS for the implementation of the state-based National Breast and Cervical Cancer Early Detection Program, operating as the Maine Breast and Cervical Health Program (MBCHP). These rules are necessary to process daily enrollment applications received by the MBCHP and to establish protocol in determining eligibility to the screening program.
EFFECTIVE DATE: immediately (November 15, 2005)
AGENCY CONTACT PERSON: Celeste D. Philippon, MS, RN, Assistant Program Director
AGENCY NAME: Maine Breast and Cervical Health Program
ADDRESS: 11 State House Station, 286 Water Street, Key Plaza, 4th Floor, Augusta, ME 04333
TELEPHONE: (207)287-3994


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 45.05(1)(A)(2), Shrimp Season, 2005 2006
EMERGENCY REGULATIONS
ADOPTED RULE NUMBER: 2005-472
CONCISE SUMMARY: These emergency regulations begin the process of establishing the 2005 2006 Northern Shrimp season in compliance with the Atlantic States Marine Fisheries Commission Northern Shrimp Fishery Management Plan set November 8, 2005. The season shall take place from December 12, 2005 through April 30, 2006. The season for the harvest of shrimp by trawl and by trap shall be the same dates.
A public hearing will be held in the affected area if requested of the Commissioner in writing by 5 persons. The hearing will be held within 30 days of the Commissioner receiving the written requests.
EFFECTIVE DATE: November 23, 2005
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. 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 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. #607, ASPIRE Program Rules Manual - Increase in Mileage Reimbursement for ASPIRE Participants from .24 Per Mile to .30 Per Mile
ADOPTED RULE NUMBER: 2005-473
CONCISE SUMMARY: This rule change is sought to address escalating prices for gasoline, the requirement that the ASPIRE Program must reimburse participants for the cost of traveling while involved in mandatory program activities (Title 22, Ch. 1054-A, 3788, 4-A & 5), and the fact that reimbursement for mileage for ASPIRE participants has been at .24 per mile for over 10 years (reimbursement for State employees is currently at .34, set to increase to .36 in January 2006); therefore an increase to .30 per mile effective October 1, 2005 is justified per the reasons stated above.
EFFECTIVE DATE: November 22, 2005
AGENCY CONTACT PERSON: Stephen W. Telow, ASPIRE Program Manager
AGENCY NAME: Department of Health and Human Services, Office of Integrated Access and Support
ADDRESS: 11 State House Station, 268 Whitten Road, Augusta, ME 04333-0011
TELEPHONE: (207) 287-3309
TTY: (207) 287-6948


AGENCY: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 704, Cigarette Distributors Located Out of State
ADOPTED RULE NUMBER: 2005-474
CONCISE SUMMARY: The rule has been repealed since it is obsolete.
AGENCY CONTACT PERSON: John W. Sagaser, Esq., General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9681