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Home > Weekly Newspaper Notices > June 7, 2006

June 7, 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 internet at: http://www.maine.gov/sos/cec/rules.


PROPOSALS


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: 4.02(D), Migratory Bird Hunting North and South Waterfowl Zone Line
PROPOSED RULE NUMBER: 2006-P74 (corrected)
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to redefine the north and south waterfowl zone line by repealing the Wildlife Management Districts as lines. The physical description of the line remains as follows: Maine-New Brunswick border in Baileyville, Maine west along Stony Brook to Route 9 in Baileyville. West along Route 9 to Route 15 in Bangor. West along Route 15 to I-95 in Bangor. Southwest along Route 202 to Route 11 in Auburn. Southwest along Route 11 to Route 110 in Newfield. West along Route 110 to Maine-New Hampshire border. NOTE: This rule notice appeared April 12, 2006, but was in error, describing the Wildlife Management Districts as the line, rather than the physical description.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA, Section 10104 and 11855
PUBLIC HEARING: None scheduled one may be requested.
DEADLINE FOR COMMENTS: July 7, 2006
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - #41 State House Station, Augusta, ME 04333-0041
E-MAIL: andrea.erskine@maine.gov
TELEPHONE: (207) 287-5201



AGENCY: 16-633 - Gambling Control Board
RULE TITLE OR SUBJECT: Ch. 3, Control of Licensees
PROPOSED RULE NUMBER: 2006-P130
CONCISE SUMMARY: This rule will allow Slot Operators to destroy original ticket vouchers after 90 days, unless otherwise ordered by the Gambling Control Board. The slot operator would also be required to hold promotional information for one year.
RULE TITLE OR SUBJECT: Ch. 5, Minimum Internal Control Standards
PROPOSED RULE NUMBER: 2006-P131
CONCISE SUMMARY: The changes would allow:
(rule I) New definition added for machine malfunction;
(rule II-E(b)(3,4)) Allow for general manager to designate person in charge when he/she is absent;
(rule II-F) clarify the procedures in case of a machine malfunction;
(rule III-B-1(b,c)) clarification on the role of the Department of Public Safety in controlling keys and would establish what info must be recorded when a machine is opened for service;
(rule III-G-1(a)(1,2)) for a slot machine to be reset after a patron agrees to the amount of the jackpot;
(rule III-L(1)) allows the operator to not list name of customer on unclaimed jackpot record if name is not known;
(rule III-M(c,i)) operators to have ticket redemption kiosks on the gaming floor and for vouchers to be used for gratuities.
RULE TITLE OR SUBJECT: Ch. 6, Ticket Redemption and Forfeited Winnings
PROPOSED RULE NUMBER: 2006-P132
CONCISE SUMMARY: This rule allows the Operator to refuse to accept a voucher more than 366 days from date of issuance.
RULE TITLE OR SUBJECT: Ch. 7, Collection of Payments
PROPOSED RULE NUMBER: 2006-P133<br> CONCISE SUMMARY: This rule change would allow for the electronic payment from the slot operator to be made on Wednesday instead of Monday.
RULE TITLE OR SUBJECT: Ch. 8, Slot Machine Location and Hours of Operation
PROPOSED RULE NUMBER: 2006-P134
CONCISE SUMMARY: Section D requires digital recordings be stored for one year. Earlier, Gambling Control Board allowed for digital recordings to be held for 14 days for the cage area, 7 days for the gaming floor. This provision is in conflict with rule Ch. 5, II-D(j).
RULE TITLE OR SUBJECT: Ch. 10, Slot Machine Maintenance
PROPOSED RULE NUMBER: 2006-P135
CONCISE SUMMARY: The revision will establish the Machine Entry Authorization Log as the official log showing machine entry and what information must be recorded when the machine is opened for service.
RULE TITLE OR SUBJECT: Ch. 23, Gambling Addiction Counseling Services
PROPOSED RULE NUMBER: 2006-P136
CONCISE SUMMARY: This rule would require gambling counselors to be certified by the State before they would be eligible for compensation from the Gambling Control Board
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 8 MRSA ch. 31, 1003
PUBLIC HEARING: June 26, 2006, 10:00 a.m., Department of Public Safety Headquarters, 45 Commerce Dr., Suite #3, Augusta, Maine
DEADLINE FOR COMMENTS: July 7, 2006
AGENCY CONTACT PERSON: Robert Welch, Gambling Control Board, 45 Commerce Drive, Suite #3, Augusta, Maine 04330
TELEPHONE: (207) 626-3900



AGENCY: 02-502 - Department of Professional and Financial Regulation, Board of Complementary Health Care Providers
RULE TITLE OR SUBJECT: Ch. 1, Definitions; Ch. 3-A, Certification for the Formulation and Dispensing of Custom-Made Chinese Herbal Formulations
PROPOSED RULE NUMBER: 2006-P137 and P138
CONCISE SUMMARY: Public Law 2003, chapter 666 requires the board to adopt rules specifying the training required for licensed acupuncturists to obtain an additional certification to practice the formulation and dispensing of custom-made Chinese herbal formulations. The board proposed to adopt new Ch. 3-A, entitled "Certification for the Formulation and Dispensing of Custom-Made Chinese Herbal Formulations," to implement the statute. The board also proposed to include "ACAOM" as the definition of Accreditation Commission for Acupuncture and Oriental Medicine in Ch. 1, entitled "Definitions."
The proposed rule contained three routes by which licensed acupuncturists could qualify for herbal certification. These were: (1) certification by the National Certification Commission for Acupuncture and Oriental Medicine, (2) completion of an accredited Master's degree program in Oriental medicine, or (3) completion of an accredited herb certificate training program that consisted of a minimum of 450 hours of didactic instruction and 210 hours of herbal clinical training. Public hearing on the proposed rule took place on April 21, 2006. In response to testimony and comments received, the board now intends to make two substantial changes to Ch. 3-A as proposed.
The first change adds a fourth route to certification: "The acupuncturist has at least eight years of experience prior to July 1, 2004 practicing custom-made Chinese herbal formulation as evidenced by statements from two licensees, two colleagues with acupuncture licensing or certification in another state, or three patients." This route to certification implements the board's statutory authorization to certify acupuncturists practicing custom-made herbal formulation prior to July 1, 2004 on the basis of prior experience demonstrated by evidence satisfactory to the board. Thus, herbal practitioners with approximately ten years of experience at the present time can qualify for certification on the basis of that experience alone.
The second change modifies the type and amount of training hours required for herbal certification based upon completion of an accredited herb certificate training program (#3 in the list appearing above). Instead of requiring 450 didactic hours and 210 clinical hours, the rule requires 450 hours of combined didactic and clinical training. The reason for the change is that 450/210 hours represents the current accreditation standard for herb certificate training programs that went into effect for training commenced on and after July 1, 2004. Under the proposed rule, acupuncturists who began their herbal training programs before July 1, 2004 under the immediate predecessor accreditation standard could not qualify for certification on the basis of that training. The predecessor accreditation standard was 450 hours of combined didactic and clinical training. Information furnished to the board suggests that this predecessor accreditation standard was in effect for eight or more years prior to its replacement by the 450/210 accreditation standard in 2004. Recognizing herbal training programs accredited under the immediate predecessor standard as well as the current standard will enable acupuncturists who received formal, accredited herbal training during the past ten years to qualify for certification.
The board requests written comment on these two changes. The board is especially interested in comments on the first of the two changes summarized above.
The proposed change to Ch. 1, "Definitions," is closely related to Ch. 3-A. For this reason, the board requests additional comments on the proposed change to Ch. 1 also at this time.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 12503 and 12513-A
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: July 7, 2006
AGENCY CONTACT PERSON: Jeri L. Betts, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8625



AGENCY: 01-017 - Maine State Harness Racing Commission
RULE TITLE OR SUBJECT:
Ch. 1 Section 1, Definitions, 78: Starter
Ch. 7 Section 45, Falling or Unseating Driver; Section 76, Dashes
Ch. 9 Section 2, Eligibility Criteria; Section 5, Purse Structure; Section 6, Conditions
PROPOSED RULE NUMBER: 2006-P139 through P141
CONCISE SUMMARY:
Chapter 1 Section 1 Definitions. 78. Starter. This Section defines at what point a horse becomes a starter in a race.
Chapter 7 Section 45. Allows a horse to race as a non-bettor after the State Veterinarian has examined it.
Chapter 7 Section 76. Explains to which horses premiums are to be paid.
Chapter 9 Section 2. Allows for an increase in the stallion registration fee from $100.00 to $300.00; if a stallion was not registered before January 1 of the breading season it allows said stallion to be registered to stand in Maine providing a late fee of $500.00 be paid and that said stallion was not registered nor stood in any other jurisdiction; requires payment of the registration fee be paid to the Treasurer, State of Maine; and, allows for the movement of a registered stallion with approval from the Executive Director.
Chapter 9 Section 5. Allows a portion of the revenues from the operation of slot machines that is deposited in the Sire Stakes Fund to be used for promotion of the program; requires the funds to promote the program be allocated to the Maine Standardbred Breeders and Owners Association; requires these funds be allocated not later than March 15 annually; and, more clearly defines which horses are to receive premiums in a race.
Chapter 9 Section 6. The proposed change allows for no trailing horses as of the racing season of 2008.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 8 MRSA Sections 263-A; 268; 275-C; 279-A; 279-B; and 281
PUBLIC HEARING:, June 27, 2006 at 11:00 a.m., Gambling Control Board Room, Department of Public Safety, 45 Commerce Drive, Augusta, ME 04333
DEADLINE FOR COMMENTS: July 7, 2006
AGENCY CONTACT PERSON: Henry W. Jackson, Executive Director, Maine State Harness Racing Commission, 28 State House Station, Augusta, ME 04333-0028
TELEPHONE: (207) 287-3221


ADOPTIONS


AGENCY: 99-346 - Maine State Housing Authority
CHAPTER NUMBER AND TITLE: Ch. 24, Home Energy Assistance Program Rule
ADOPTED RULE NUMBER: 2006-230
CONCISE SUMMARY: The purpose of the proposed amendment to the Home Energy Assistance Program rule is to delete the requirement that applications be witnessed or notarized, eliminate the references to cash price and supplier payment plans, state that fuel prices will be set forth in vendor agreements between MSHA and the vendors, and make minor technical changes to the rule.
EFFECTIVE DATE: June 4, 2006
AGENCY CONTACT PERSON: Linda Uhl, Chief Counsel, Maine State Housing Authority, 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603



AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 101, Amendment 1: Loan Insurance Program
ADOPTED RULE NUMBER: 2006-231
CONCISE SUMMARY: This rule Amendment changes the fees for insurance, as set forth in Section XI(B) and (C) of the rule, to lower the minimum annual insurance premium from 1% to 0%, and to replace the fixed commitment fee of 1% to a fee ranging from 0% to 2% as determined by the Authority and set forth in its written Credit Policy.
EFFECTIVE DATE: June 5, 2006
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715



AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 611, Amendment 9: Maine College Savings Program
ADOPTED RULE NUMBER: 2006-232
CONCISE SUMMARY: The rule amendment modifies the Enhanced Need Scholarships for Maine's students identified as having significant need of student financial assistance, specifying that Enhanced Need Scholarships will be awarded to full-time students only who have an expected family contribution greater than the maximum eligible to receive a Maine State Grant Award. The rule amendment modifies the terms of Access Scholarships to provide they will be awarded only to part-time students who file a FAFSA on or before May 1 and will be awarded to full or part-time students, who have not attended the institution of higher education at which they are matriculated and who have not previously received an Enhanced Need Scholarship who file a FAFSA after May. The Authority will set the amount of part-time and full-time Access Scholarships annually and will set one maximum expected family contribution for students applying on or before May 1 and a lower expected family contribution for students applying after May 1.
EFFECTIVE DATE: June 5, 2006
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz; General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715