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Weekly Rulemaking Notices Contact Us Find It

April 19, 2006
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: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 9, Harvester: Shellstock Harvesting, Handling and Sanitation – Compliance Updates
PROPOSED RULE NUMBER: 2006-P77
CONCISE SUMMARY: The proposed rulemaking would provide compliance and consistency with new shellfish law changes effective September 17, 2005 pursuant to public law, chapter 434 (L.D. 1449) and the National Shellfish Sanitation Program Model Ordinance under the federal U.S. Food and Drug Administration.
This new law requires that shellfish harvesters only sell the shellstock they harvest to a wholesale seafood license holder certified under the Maine Revised Statutes, Title 12, §6856, except that harvester license holders can sell shellstock they harvest from their home as a retail sale. Harvesters cannot shuck shellfish. Harvesters of mahogany quahogs, other quahogs and mussels (hand-raked and dragged) must tag their shellstock with a harvester's tag. Shellfish harvesters who are also certified dealers must tag their shellfish at the time of harvest with their harvester tags. Shellfish harvesters for all species cannot ship product on a common carrier. Also, due to enforcement issues and public health risks the shellstock temperature control time would be reduced to 16 hours.
RULE TITLE OR SUBJECT: Ch. 15, General Shellfish Sanitation Requirements
PROPOSED RULE NUMBER: 2006-P78
CONCISE SUMMARY: The proposed rulemaking would provide compliance and consistency with new shellfish law changes effective September 17, 2005 pursuant to public law, chapter 434 (L.D. 1449) and the National Shellfish Sanitation Program (NSSP) Model Ordinance (MO) under the federal U.S. Food and Drug Administration.
This new law requires that shellfish harvesters only sell the shellstock they harvest to a wholesale seafood license holder certified under the Maine Revised Statutes, Title 12, §6856, subject to an exception for licensed shellfish harvesters to sell out of their own homes in the retail trade. References to the previous harvester activity would be removed. Harvesters of mahogany quahogs and mussels (hand-raked and dragged) selling to certified dealers at locations other than permanent facilities would be removed. Certified dealers who also hold a harvester license must tag their shellfish at the time of harvest with their harvester tags. The permit requirement regarding origin of shellfish for depuration and relay would be added. The terms ‘keep refrigerated’ and ‘country of origin’ would be added to the respective tag requirements.
STATUTORY AUTHORITY: 12 MRSA §6856(4)
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARINGS:
Monday, May 8, 2006, 6:00 p.m.*, Lincoln County Communication's Center Meeting Room (lower entrance behind the courthouse), Route 1, Wiscasset
Tuesday, May 9, 2006, 6:00 p.m.*, Science Building Lecture Hall, 9 O’Brien Ave., Univ. of Maine, Machias
*Public hearings on two separate rulemaking proposals in Ch. 9 and 15 will be held on May 8 and 9, beginning with the hearing on Ch. 9 at 6:00 p.m., and being followed by a separate hearing on Ch. 15, immediately upon the conclusion of the hearing for Ch. 9. If you are unable to attend these hearings persons are encouraged to submit written comments from the receipt or posting of this notice through Friday, May 19, 2006. 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 WRITTEN COMMENTS: Friday, May 19, 2006
AGENCY CONTACT PERSON: Amy Fitzpatrick (tel: (207) 633-9500)
MAIL WRITTEN COMMENTS TO:
AGENCY NAME: Department of Marine Resources
ADDRESS: Attn L Churchill, PO Box 8, West Boothbay Harbor ME 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) 287-5055


AGENCY: 94-411 - Maine State Retirement System
RULE TITLE OR SUBJECT: Ch. 303, Actuarial Factors and Tables
PROPOSED RULE NUMBER: 2006-P79
CONCISE SUMMARY: This rule specifies the actuarial factors and tables to be used in administering the benefit plans of the Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System. The recent completion of an experience study by the System's Actuary resulted in the MSRS Board of Trustees adopting changes to the underlying plan assumptions. A change in those assumptions necessitates a change to the actuarial tables used in the various calculations performed by the System. The proposed amendments to this rule would update those actuarial tables and factors.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 3 MRSA §701(2); 4 MRSA §1201(2); 5 MRSA §§ 17001(2) and 17303(4)
PUBLIC HEARING: May 11, 2006 at 9:05 a.m. at the .Maine State Retirement System, Second Floor Conference Room, Two Central Plaza, Corner of Sewall and Capital Streets, Augusta, Maine
DEADLINE FOR COMMENTS: May 22, 2006
AGENCY CONTACT PERSON: Kathy Morin, Maine State Retirement System, 46 State House Station, Augusta, ME 04333-0046
TELEPHONE: (207) 512-3190 or 1 (800) 451-9800


AGENCY: 94-411 – Maine State Retirement System
RULE TITLE OR SUBJECT: Ch. 510, Reduction of Disability Retirement Benefits Because of Disability Benefits Received by Other Laws
PROPOSED RULE NUMBER: 2006-P80
CONCISE SUMMARY: This role sets forth the methodology by which monthly Retirement System disability retirement benefits are reduced when the individual receiving such benefits also receives a 1ump-sum settlement of benefits under the Workers' Compensation or similar law or the United States Social Security Act for the same disability. The recent completion of an experience study by the System's Actuary resulted in the MSRS Board of Trustees adopting changes to the underlying plan assumptions. A change in those assumptions necessitates a change to the actuarial tables used in various calculations performed by the System, including those performed by operation of this rule. The proposed amendments to this rule would update the annuity factors used in the calculation of the benefit reductions required by this rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 3 MRSA §853; 4 MRSA §1353(6); 5 MRSA §§ 17303(4), 17906(2)(D), 17930(4)(D), 18506(2)(D), 18530(4)(D) and 1122(5-A) and 1122(6)
PUBLIC HEARING: May 11, 2006 at 9:05 a.m. at the .Maine State Retirement System, Second Floor Conference Room, Two Central Plaza, Corner of Sewall and Capital Streets, Augusta, Maine
DEADLINE FOR COMMENTS: May 22, 2006
AGENCY CONTACT PERSON: Kathy Morin, Maine State Retirement System, 46 State House Station, Augusta, ME 04333-0046
TELEPHONE: (207) 512-3190 or 1 (800) 451-9800


ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services, Office of Child and Family Services
CHAPTER NUMBER AND TITLE: Ch. 12, Rules for Permanency Guardianship
ADOPTED RULE NUMBER: 2006-142
CONCISE SUMMARY: These rules describe the eligibility requirements for special needs children and the terms of the agreement between the family and the State and the procedures for applying for the Permanency Guardianship Program. They establish the amount and duration of permanency guardianship assistance available to eligible families in the Permanency Guardianship subsidy program. The rules reflect the newly enacted legislation that established the Permanency Guardianship disposition in District Court.
EFFECTIVE DATE: April 14, 2006
AGENCY CONTACT PERSON: Virginia S. Marriner
AGENCY NAME: Department of Health and Human Services
ADDRESS: 221 State Street, Augusta, ME 04333
TELEPHONE: (207) 287-5060