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Weekly Rulemaking Notices Contact Us Find It

November 30, 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 & Human Services
RULE TITLE OR SUBJECT: Ch. 24, Purchase of Service Rule
PROPOSED RULE NUMBER: 2005-P322
CONCISE SUMMAY: This rule establishes the Department's policies governing its purchase of services.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §12 & §42; 22-A MRSA §203(4) and §205(2)
PUBLIC HEARING): December 19, 2005 at 9:00 a.m., Room 1A, Marquardt Bldg., East Side Campus, Augusta, ME 04333
DEADLINE FOR COMMENTS: January 3, 2006
AGENCY CONTACT PERSON: Marie Hodgdon
AGENCY NAME: Dept. of Health & Human Services
ADDRESS: Station 11, Marquardt Floor 2, Augusta, ME 04333
TELEPHONE: (207) 287-3774


AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. #332, MaineCare Eligibility Manual - SSI COLA Increase 2006
PROPOSED RULE NUMBER: 2005-P323
CONCISE SUMMARY: The SSI COLA increase of 4.1% is reflected in the MaineCare income limits for coverage in the following MaineCare categories: Home Based Waivers, Katie Beckett, Categorical Nursing Care, Adult Family Care Homes and the income limit for the State Supplement.
The amount of protected assets for a community spouse of a nursing home applicant increases to $99,540. The maximum monthly income to a community spouse of a nursing home resident increases to $2,489.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §3173
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: December 30, 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, Whitten Road, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5054
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #01-06
PROPOSED RULE NUMBER: 2005-P324
CONCISE SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk: prices in Southern New England in accordance with 7 MRSA Section 2954.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
PUBLIC HEARING: December 23, 2005, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: December 23, 2005
AGENCY CONTACT PERSON: Stanley K. Millay
AGENCY NAME: Maine Milk Commission
ADDRESS: 28 State House Station, Augusta Maine 04333
TELEPHONE: (207) 287-7521


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.93(F)(1)(b)(iii), Exit Ratios for Limited Entry Zones – Zone F (proposed 5:1)
PROPOSED RULE NUMBER: 2005-P325
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 F Council in accordance with 12 MRSA §6448. The proposed change would consider establishing an exit ratio of 5:1 for Zone F and outline procedures for authorizing new zone entrants. These rules require that regulations to limit entry shall be implemented concurrent with the licensing year following adoption.
STATUTORY AUTHORITY: 12 MRSA §6448
AGENCY CONTACT PERSON: Terry Stockwell (tel: 633-9556)
PUBLIC HEARING: Monday, December 19, 2005, 6:00 p.m., The “Log Cabin”, 196 Main Street, Yarmouth
DEADLINE FOR COMMENTS: Thursday, December 29, 2005
RULE TITLE OR SUBJECT: Ch. 25.94(2)(e)&(f), Technical Correction to Zone’s E & F Boundary
PROPOSED RULE NUMBER: 2005-P326
CONCISE SUMMARY: A technical correction would be made to the easternmost Longitude coordinate on the 3-mile limit line in the Zone e and f boundary. The coordinate 69? 49.82' W Longitude would be corrected to 69? 48.82' W Longitude as described on the charts issued in the original rulemaking. The term geodetic would also be removed.
*Public hearings for Ch. 25.94 and 55.06 will be held on the same evening, beginning with the hearing on Ch. 25.94 at 6:00 p.m., and followed by a separate hearing on Ch. 55.06, immediately upon the conclusion of the previous hearing.
STATUTORY AUTHORITY: 12 MRSA §6446(1), §6171
AGENCY CONTACT PERSON: Terry Stockwell (tel: 633-9556)
PUBLIC HEARING: *Tuesday, December 20, 2005, 6:00 p.m., Department of Marine Resources Large Conf. Room, 200 McKown Point Road, West Boothbay Harbor
DEADLINE FOR COMMENTS: Friday, December 30, 2005
RULE TITLE OR SUBJECT: Ch. 55.06, Time Limit on Wet Storage of Fixed Gear
PROPOSED RULE NUMBER: 2005-P327
CONCISE SUMMARY: Wet storage of fixed gear during the shrimp season is proposed to be limited to 14 days. This regulation would be effective during the annual shrimp season dates established by the Atlantic States Marine Fisheries Commission (ASMFC) Northern Shrimp Technical Committee for the Northern Shrimp Management Plan and adopted by the Department of Marine Resources in Ch. 45.05(1)(A)(2).
*Public hearings for Ch. 25.94 and 55.06 will be held on the same evening, beginning with the hearing on Ch. 25.94 at 6:00 p.m., and followed by a separate hearing on Ch. 55.06, immediately upon the conclusion of the previous hearing.
STATUTORY AUTHORITY: 12 MRSA §6171-A
AGENCY CONTACT PERSONS: Col. Fessenden (Tel: 624-6550)
PUBLIC HEARING: *Tuesday, December 20, 2005, 6:00 p.m., Department of Marine Resources Large Conf. Room, 200 McKown Point Road, West Boothbay Harbor
DEADLINE FOR COMMENTS: Friday, December 30, 2005
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
AGENCY CONTACT PERSON AND MAIL WRITTEN COMMENTS TO: attn: Laurice 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)
Hearing facilities: If you require accommodations due to disability, please contact Kim Pierce, at (207) 624-6567.


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 8, Endangered Species
ADOPTED RULE NUMBER: 2005-P328
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has proposed (1) 65 additional designations of areas as Essential Habitat for bald eagle nest sites; (2) 27 deletions of previously designated Essential Habitats for bald eagles; (3) 1 relocation of previously designated Essential Habitats for bald eagles; and (4) 2 administrative relabels of previously designated Essential Habitats for bald eagles.
One or more new bald eagle nest sites are being designated in the towns of Addison, Bath, Beals, Bowdoin College Grant, Bowdoinham, Bradley, Brewer, Brooksville, Brunswick, Canton, Chester, Dedham, Deer Isle, Dresden, Eagle Lake Twp., Eastport, Eddington, Edinburg, Edmunds Twp., Eustis, Gouldsboro, Greene, Hampden, Harrington, Harpswell, Hobbstown Twp., Islesboro, Jay, Jonesport, Lamoine, Lincoln, Lynchtown Twp., Meddybemps, Milbridge, Milford, Millinocket, Muscle Ridge Shoals, North Haven, Orono, Orrington, Passadumkeag, Pembroke, Poland, Presque Isle, Rome, Shapleigh, Sidney, Steuben, Stonington, Swans Island, T1 R8 WELS, T3 ND, T3 R5 BKP WKR, T3 R9 NWP, T4 Indian Purchase, T6 R14 WELS, T7 R8 WELS, T7 R14 WELS, T8 R14 WELS, Township C, Trenton, Unity, Vinalhaven, West Bath, Whitefield, Willimantic, and Winter Harbor.
One or more previously designated Essential Habitats for bald eagles are being deleted in the towns of Baileyville, Blue Hill, Cutler, Deer Isle, East Machias, Edmunds Twp., Ellsworth, Forest City Twp., Frenchboro, Gouldsboro, Isle au Haut, Islesboro, Jonesport, Milbridge, Roque Bluffs, Soper Mountain Twp., Sorrento, Surry, Swans Island, TA R7 WELS, T7 R14 WELS, T10 R12 WELS, T10 R13 WELS, T11 R12 WELS, T11 R13 WELS, Tl7 R4 WELS, Trescott Twp., and Vinalhaven.
Previously designated Essential Habitats for bald eagles are being remapped to improve map accuracy in the town of T3 R12 WELS.
Previously designated Essential Habitats for bald eagles are being remapped for administrative label changes in the towns of Deer Isle, Lubec, and Trescott Twp.
Designation of mapped sites by rule would require evaluation by Inland Fisheries and Wildlife of any projects partly or wholly within areas that require state or local permits, or are funded by or carried out by state or local governments, to determine if the projects would significantly alter or unreasonably harm the Essential habitat. Letters of notification and maps of proposed areas have been sent to all known affected landowners.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §§ 10104,12804
PUBLIC HEARINGS: none scheduled - one may be requested.
DEADLINE FOR COMMENTS: December 30, 2005
AGENCY CONTACT PERSON: Written comments should be directed to Andrea Erskine, Maine Department of Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041, or by e-mail to andrea.erskine@maine.gov or by FAX to (207) 287-6395


ADOPTIONS

AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
TYPE OF RULE: Amendment of Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 4 - 4.06, Wild Turkey
ADOPTED RULE NUMBER: 2005-476
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule amending the wild turkey hunting season by adding WMDs 10 and 11 to the turkey hunting zone and removing WMD 27. This is being done as a result of the adjustments made to the Wildlife Management Districts in an earlier rulemaking proceeding which takes effect with the spring wild turkey hunting season. This rule also establishes the dates for the split season to occur as follows: Season A: May 1, 2006 - May 6,2006 and May 22,2006 - May 27,2006; Season B: May 8,2006 - May 13, 2006 and May 15, 2006 - May 20,2006; All permit holders: May 29 - June 3, 2006. (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 repeals the permit process for issuing permits and proposes to implement a system for hunters to purchase permits based on their year of birth. During "even" years [e.g., 2006, 2008, 2010] hunters with "even" birth years will be authorized to hunt during Season A; hunters with "odd" birth years will be authorized to hunt during Season B. During "odd" years [e.g. 2007, 2009, 2011] hunters with "odd" birth years will be authorized to hunt during Season A; hunters with "even" birth years will be authorized to hunt during Season B. In addition, Youth Spring Wild Turkey Hunting Day will occur on the Saturday preceding the opening day of Season A (April 29, 2006). A detailed copy of the proposed rule may be obtained from the agency contact person listed below.
EFFECTIVE DATE: November 23, 2005
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: 10-144 - Department of Health and Human Services, Office of Maine Care Services
CHAPTER NUMBER AND TITLE: Adopted Rule – Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 24, Day Habilitation Services
ADOPTED RULE NUMBER: 2005-477
CONCISE SUMMARY: These rules allow providers to be reimbursed for a State mandated 5% service tax that began July 1, 2005. In Ch. III, the annual reimbursement ceiling was raised to include this 5% service tax. The Department updated the name of the Bureau of Medical Services to the Office of MaineCare Services (OMS) and made other updates, minor edits and clarifications.
See http://www.maine.gov/dhhs/bms/rules/gen_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: December 1, 2005
AGENCY CONTACT PERSON: Patricia Dushuttle
AGENCY NAME: Division of Policy & Provider Services
ADDRESS: 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #12-05
ADOPTED RULE NUMBER: 2005-478
CONCISE SUMMARY: Minimum December 2005 Class I price is $16.82 plus $0.89/cwt. for Producer Margins, an over-order premium of $1.l0/cwt as being prevailing in Southern New England and $0.93/cwt handling fee for a total of $19.94 that includes a $0.20/cwt Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/agriculture/ahi/mmc/prihis.htm
EFFECTIVE DATE: December 4, 2005
AGENCY CONTACT PERSON: Stanley K. Millay
AGENCY NAME: Maine Milk Commission
ADDRESS: 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7521


AGENCY: 16-633 – Department of Public Safety, Gambling Control Board
CHAPTER NUMBER AND TITLE: Ch. 5, Internal Controls: Appendix A, Minimum Internal Control Standards (MICS) for Slot Machine Operations
ADOPTED RULE NUMBER: 2005-479
CONCISE SUMMARY: (Sec IIC) defines complimentary gifts as having a value over $250 and must be reported monthly, (Sec IID) shortens the storage time for digital recordings to 7 days for gaming floor and 14 days for cash cage area from one (1) year, (Sec IIIB-2) changes signage requirements for warning persons under 21 they cannot enter from each machine to the public entry point and prominent locations throughout the facility, (Sec IIIB-5) changes a cash box from metal construction only to being a secured container.
CHAPTER NUMBER AND TITLE: Ch. 6, Ticket Redemption and Forfeited Winnings
ADOPTED RULE NUMBER: 2005-480
CONCISE SUMMARY: This rule will allow the use of electronic funds transfer or automatic funds transfer (EFT/AFT) of winnings to a patrons' account as an alternative to cash or check payout.
CHAPTER NUMBER AND TITLE: Ch. 11, Transportation of Slot Machines
ADOPTED RULE NUMBER: 2005-481
CONCISE SUMMARY: Slot operators would have to get written permission from the Executive Director before they could transport slot machines.
CHAPTER NUMBER AND TITLE: Ch. 14, Advertising
ADOPTED RULE NUMBER: 2005-482
CONCISE SUMMARY: This rule would allow the Executive Director to approve advertising, even if it is submitted less than 30 days from the intended use of the advertising.
EFFECTIVE DATE: November 26, 2005
AGENCY CONTACT PERSON: Robert Welch
AGENCY NAME: Gambling Control Board, 45 Commerce Drive, Suite #3, Augusta, Maine 04330
TELEPHONE: (207) 626-3901