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Weekly Rulemaking Notices Contact Us Find It

April 26, 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: 02-298 - Department of Professional & Financial Regulation, Board of Real Estate Appraisers
RULE TITLE OR SUBJECT: Ch. 240, Standards of Professional Practice
PROPOSED RULE NUMBER: 2006-P81
CONCISE SUMMARY: The amendment to Chapter 240 identifies the current edition of the Uniform Standards of Professional Appraisal Practice with which licensees shall comply.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA c. 124 14012
PUBLIC HEARING: None
DEADLINE FOR WRITTEN COMMENTS: May 26, 2006
AGENCY CONTACT PERSON: Carol J. Leighton, Administrator, Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-8520


AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 901, Maine Residents Property Tax Program
PROPOSED RULE NUMBER: 2006-P82
CONCISE SUMMARY: Rule 901 provides comprehensive definitions and explanations of statutory terms and procedures for claiming benefits under the Maine Residents Property Tax Program. The proposed amendments include technical as well as minor editorial changes that are intended to clarify definitions, provide explanations of various aspects of the program, and hypothetical examples which relate to factual scenarios. Specifically, the proposed amendments clarify eligibility requirements and responsibilities of program claimants; removes the requirement that claimants who hold a possessory interest in a homestead must provide a written agreement that is in effect prior to the beginning of the year upon which the claim is based; clarifies the definition of "temporary absence from the home"; clarifies that separately assessed contiguous parcels of land, up to 10 acres, may be included in the benefit base; and, details the types of income that must be included in annual household income.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA 112
PUBLIC HEARING None scheduled at this time.
DEADLINE FOR COMMENTS: MAY 31, 2006
AGENCY CONTACT PERSON: Dennis M. Doiron, Director Income/Estate Tax Division, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 626-8483


AGENCIES: 10-144 - Department of Health and Human Services, and 26-239 - Office of the Attorney General
RULE TITLE OR SUBJECT: Department of Health and Human Services, 10-144, Ch. 275, Reporting Requirements for Pharmaceutical Manufacturers and Labelers, and Office of the Attorney General, 26-239, Ch. 111, Reporting Requirements for Pharmaceutical Manufacturers and Labelers
PROPOSED RULE NUMBER: 2006-P83 and P84
CONCISE SUMMARY: The Department of Health and Human Services and the Office of the Attorney General are proposing rules to define the statutory obligations of manufacturers and labe1ers of prescription drugs and biological products to publicly register and report results of clinical trials on Internet websites. The Office of the Attorney General's proposed regulations and Section 1 of the Department's proposed rule describe the required content, timing and location of these disclosures, and indicate for which clinical trials this information is required.
Section 2 of the Department's proposed rule also defines the statutory obligations of manufacturers and labelers to report gifts to prescribers and marketing costs in Maine to the Department.
See http://www.maine.gov/bms/rules/gen_rules_policies.htm ("Other Rules") for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 2698-A, 22 MRSA 2700-A, 5 MRSA 207(2)
PUBLIC HEARINGS:
Date: Monday, May 15, 2006
12:30 p.m.:
Ch. 275, Section 1, Prescription Drug Clinical Trial Reporting
26-239, Ch. 111, Reporting Requirements for Pharmaceutical Manufacturers and Labelers
3:00 p.m.:
Ch. 275, Section 2, Reporting of Prescription Drug Marketing Costs
Location: Conference Room # 1A and 1B, Department of Health and Human Services, 442 Civic Center Drive, Augusta, ME 04333. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before May 10, 2006.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m., June 1, 2006.
DHHS CONTACT PERSON: Wendy M. Alley, Comprehensive Health Planner II, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Tel.: (207) 287-4460. FAX: (207) 287-9369. TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
FOR THE MAINE ATTORNEY GENERAL: Linda J. Conti, Assistant Attorney General, State House Station 6, Augusta, ME 04333. Tel.: (207) 626-8591. FAX: (207) 624-7730


ADOPTIONS

AGENCY: 99-420 - Maine Turnpike Authority
CHAPTER NUMBER AND TITLE: Ch. 2, Regulations for the Installation of Logo Signs on the Maine Turnpike
ADOPTED RULE NUMBER: 2006-143
CONCISE SUMMARY: This rule amended the Maine Turnpike Authority's Logo Sign Regulations to lower the number of eligible businesses that must apply before a logo sign is erected from three businesses to two.
EFFECTIVE DATE: April 18, 2006
AGENCY CONTACT PERSON: Jonathan Arey, Maine Turnpike Authority, 430 Riverside Street, Portland, Maine 04103
TELEPHONE: (207) 871-7771, x136


AGENCY: 12-168 - Department of Labor, Bureau of Employment Services
CHAPTER NUMBER AND TITLE: Ch. 1, Rules Governing Implementation of the Trade Adjustment Assistance Program
ADOPTED RULE NUMBER: 2006-144
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.
EFFECTIVE DATE: April 19, 2005
AGENCY CONTACT PERSON: Judy Pelletier, Trade Program Manager, Bureau of Employment Services, 55 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-6395


AGENCY: 05-071 - Department of Education and State Board of Education
CHAPTER NUMBER AND TITLE: Ch. 13, Qualifying Examinations for Teachers, Educational Specialists, and Administrators
ADOPTED RULE NUMBER: 2006-145
CONCISE SUMMARY: The proposed rule has been amended to allow teacher certification candidates who are prelingually deaf and who have received an initial endorsement of Teacher Deaf or Hearing Impaired Students, under Ch. 115, Part II, Section 2.2 a waiver to the certification testing requirements. This waiver would apply to the Pre-Professional Skills Test (Praxis I), Praxis II Content Knowledge Assessment or the Principles of Learning and Teaching (PLT) Examination. The rule adds specific requirements to the prelingually deaf candidates in lieu of the testing requirements: documentation that the candidate has graduated from a state or nationally approved teacher preparation program for teachers of deaf children; and, documentation that the candidate is proficient in American Sign Language.
EFFECTIVE DATE: April 23, 2006
AGENCY CONTACT PERSON: Nancy Ibarguen, Department of Education, 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6856


AGENCY: 05-071 - Department of Education
CHAPTER NUMBER AND TITLE: Ch. 130, Rules for Equivalent Instruction Programs
ADOPTED RULE NUMBER: 2006-146
CONCISE SUMMARY: The chapter is being repealed because all the information required for a parent or guardian to provide equivalent instruction by home instruction is contained in the governing statute, 20-A M.R.S.A. Section 5001-A(3)(A)(4).
EFFECTIVE DATE: May 20, 2006
AGENCY CONTACT PERSON: Edwin N. Kastuck, Ph.D., Department of Education, 23 State House Station, Augusta, ME 04333-0023. E-mail: edwin.kastuck@Maine.gov
TELEPHONE: (207) 624-6776