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Home > Weekly Newspaper Notices > July 12, 2006

July 12, 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: 10-144 – Department of Health & Human Services
RULE TITLE OR SUBJECT: Ch. 30, Maine Uniform Accounting and Auditing Practices for Community Agencies. Also repeals 14-191 Ch. 30.
PROPOSED RULE NUMBER: 2006-P171 and P172
This rule amends 10-144 ch. 30 by eliminating the step b and step c from the existing appeal process. In place of these steps, appeals would be processed by the Office of Administrative Hearings which would render recommended decisions to the Commissioner. The Commissioner would issue final decisions. This rule also repeals 14-191 ch. 30 as a duplicative rule from one of the legacy departments and updates organization titles to reflect the merged Department.
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): July 31, 2006 at 9:00 a.m., Room 1A, Marquardt Bldg., East Side Campus, Augusta, ME 04333
DEADLINE FOR COMMENTS: August 14, 2006
AGENCY CONTACT PERSON: Marie Hodgdon, Department of Health & Human Services, Station 11, Marquardt Floor 2, Augusta, ME 04333
TELEPHONE: (207) 287-3774



AGENCY: 10-144 - Department of Health and Human Services/Maine CDC, WIC Program
RULE TITLE OR SUBJECT: Ch. 286, Maine WIC Program Rules
PROPOSED RULE NUMBER: 2006-P173
CONCISE SUMMARY: Revision to the Maine WIC Program Rules to reflect modifications in the administration of the Program. The rules describe the procedures and standards for WIC participants, local grantee agencies and WIC authorized vendors.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42 and 1951
PUBLIC HEARING: August 1, 2006, 9-11 a.m., Burton M. Cross State Office Building, Room 402, 111 Sewall Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: Written comments must be received by 5:00 p.m. on August 11, 2006.
AGENCY CONTACT PERSON: Janet Leiter, Maine WIC Program, State House Station 11, Key Plaza, 286 Water Street 6th Floor, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-3991
FAX: (207) 287-3993



AGENCY: 06-096 - Maine Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 587, In-stream Flow and Water Level Standards
PROPOSED RULE NUMBER: 2006-P174
CONCISE SUMMARY: This proposed new chapter establishes instream flow standards for rivers and streams and water level standards for lakes to protect natural aquatic life and other designated uses in Maine's waters. Additional information concerning this rulemaking is available on the web at:
http://www.maine.gov/dep/blwq/topic/flow/index.htm
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA §470-H
PUBLIC HEARING: August 3, 2006, 10:00 a.m., Holiday hill, Community Drive, Augusta
DEADLINE FOR COMMENTS: August 18,2006 at 5:00 p.m. Written comments may be submitted to the agency contact person by mail at the address below, by fax at (207) 287-7826, or by email at Dave.L.Courtemanch@maine.gov. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that the risk of nondelivery associated with submissions by fax or email is on the sender. A copy of the rule is available upon request from the contact below, and on the web at:
http://www.maine.gov/dep/blwq/topic/flow/index.htm
AGENCY CONTACT PERSON: Dave Courtemanch, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017
PHONE: (207) 287-7789



AGENCY: 10-144 - Maine Department of Health and Human Services, Maine Center for Disease Control and Prevention, Division of Chronic Disease, Maine Breast and Cervical Health Program
RULE TITLE OR SUBJECT: Ch. 708, Breast and Cervical Cancer Prevention and Treatment Act (BCCPTA) in Maine
PROPOSED RULE NUMBER: 2006-P175
CONCISE SUMMARY: These rules are created to implement the requirements of the Breast and Cervical Cancer Prevention and Treatment Act, which expand full MaineCare benefits to certain eligible women who are diagnosed with breast or cervical cancer or a pre-cancerous condition. These rules are necessary to process enrollment applications received by the MBCHP and to establish protocol in determining eligibility to the Treatment Act Program
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: PL 106-354, LD 0243 §§ 1-2
PUBLIC HEARING: July 31, 2006, 10:00 a.m. – 10:30 a.m., Key Plaza, 486 Water Street, Augusta, Conference Room 1-12
DEADLINE FOR COMMENTS: August 14, 2006
AGENCY NAME: Maine Breast and Cervical Health Program
AGENCY CONTACT PERSON: Celeste Philippon, MS, RN, Assistant Program Director, 11 State House Station, 286 Water Street, Key Plaza, 4th Floor, Augusta, ME 04330
TELEPHONE: (207) 287-3994


ADOPTIONS



AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 25.96(B)(2)(c), Zone F Apprentice Requirement, and Ch. 25.96(B)(3)(b)(ii)(2)(c), Zone F Apprentice Sponsor Requirement
ADOPTED RULE NUMBER: 2006-295
CONCISE SUMMARY: The Department of Marine Resources has adopted regulations in Ch. 25.96 based on a referendum response by Zone F members and a recommendation of the Zone F Lobster Management Council members to the Commissioner submitted in accordance with the provisions of 12 MRSA §6447(6). These regulations establish two new requirements in Zone F. Apprentices who wish to enter Zone F must complete their apprenticeship in that zone, and sponsors of Zone F apprentices must have held a Class I, II or III lobster and crab fishing license for at least 5 years in accordance with 12 MRSA §6447(5-C).
EFFECTIVE DATE: July 5, 2006
AGENCY CONTACT PERSON: Laurice U. Churchill, Department of Marine Resources, P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9584
TTY: (207) 633-9500



AGENCY: 02-285 - State Board of Veterinary Medicine
CHAPTER NUMBER AND TITLE: Ch. 1, Definitions; Ch. 2, License Requirements for Veterinarians and Permit for Performance of Relief Veterinary Service; Ch. 3, Registration Requirements for Veterinary Technicians
ADOPTED RULE NUMBER: 2006-296 through 298
CONCISE SUMMARY: The primary purpose of this rulemaking proceeding was to implement in Ch. 2 the provisions of PL 2003 c. 251 that provide an alternate licensing pathway for graduates of foreign veterinary schools that are not accredited by the American Veterinary Medical Association Council on Education. The adopted rules also:
- Establish a procedure for licensure by endorsement;
- Impose a 30-day waiting period for re-take upon failure to pass the jurisprudence examination;
- Remove a late renewal provision applicable to veterinary technicians; which area is now dealt with by Ch. 11 of the rules of the Office of Licensing and Registration, entitled "Late Renewals;"
- Remove license renewal and expiration requirements which are already addressed in 32MRSA §4863 and rules Ch. 11;
- Reorganize Ch. 2 for clarity;
- Remove the definitions of "RACE" and "school of veterinary medicine" from Ch. 1; and
- Make other changes to the application and licensing procedures for veterinarians and veterinary technicians.
EFFECTIVE DATE: July 8, 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: 02-322 - State Board of Licensure for Professional Engineers
CHAPTER NUMBER AND TITLE: Ch. 1, Organization and Administration; Ch. 2, Licensure of Professional Engineers; Ch. 3, Rules of Practice
ADOPTED RULE NUMBER: 2006-299 through 301
CONCISE SUMMARY: The proposed Rules will be amended with all reference in the rule to "registration” or similar phrase changed to "license” and its equivalent as required by 2005 legislation which changed the name of the Board from "Registration” to "Licensure”. Also other word changes such as "Secretary” to "Executive Director”, "Chairperson” to "Chair” and "Vice Chairperson” to "Vice Chair”. In addition the Seal of the Board will be reduced in size. In addition, remove an expired minimum registration requirement for new applicants. Also, increase the late fee for registrations filed 90 days after the renewal date from $10.00 to $25.00. Added committee work as acceptable credit for Professional Development Hours.
EFFECTIVE DATE: July 8, 2006
AGENCY CONTACT PERSON: Warren T. Foster, Executive Director, Board of Licensure for Professional Engineers, 92 State House Station Augusta, ME 04333
TELEPHONE: (207) 287-3236



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 807, Net Operating Loss Add-Back Modification
ADOPTED RULE NUMBER: 2006-302
CONCISE SUMMARY: The rule has been repealed since it consisted solely of examples, and since more comprehensive guidance on this topic is contained in guidance documents prepared by Maine Revenue Services and readily available through its website.
EFFECTIVE DATE: July 11, 2006
AGENCY CONTACT PERSON: David E. Bauer, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9681



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 901, Maine Residents Property Tax Program
ADOPTED RULE NUMBER: 2006-303
CONCISE SUMMARY: The rule has been amended in order to make the following changes:
1. The rule formerly required a claimant who does not have title to the homestead that he or she occupies but does have a possessory interest and who is personally responsible for payment of the tax to support the claim by providing a copy of the written agreement that established his or her personal responsibility for the property tax. See Sections .01(G) and .04(D). The proposed amendment removes the requirement that the agreement be in writing and in effect prior to the beginning of the year upon which the claim is based.
2. To make other clarifications and editorial changes.
EFFECTIVE DATE: July 11, 2006
AGENCY CONTACT PERSON: Dennis Doiron, Director, Income / Estate Tax Division, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9681



AGENCY: 05-071 - Department of Education, State Board of Education
CHAPTER NUMBER AND TITLE: Ch. 61, State Board of Education Rules for Major Capital School Construction Projects
ADOPTED RULE NUMBER: 2006-304
CONCISE SUMMARY: In these revisions of Ch. 61, routine technical rules, the State Board of Education defines "adequate education" as the term is used in 20-A MRSA §15905(2), which requires the State Board of Education to make a determination that a proposed high school for less than 300 students "will have an adequate educational program". The section specifying minimum site requirements has been replaced with a listing of the facilities that must be accommodated on a site. A requirement for a site investigation has been spelled out and provision has been made for alternate techniques of appraisal.
The handling of costs related to Percent for Art projects are specified, the requirement for construction estimates is spelled out and commissioning is provided for. Provisions are specified for requests for waivers of any of the requirements, the handling of an Administrative Review, and requests for project change orders. A requirement for budget tracking is added as is a spelling out of the conditions for an interim audit. The handling of the costs of temporary borrowing is specified. Other proposed changes include revised terminology, additional definitions and increased uniformity of language to facilitate understanding.
EFFECTIVE DATE: July 11, 2006
AGENCY CONTACT PERSON: Scott Brown, Director of School Facilities, Department of Education, 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6883