July 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 internet at: http://www.maine.gov/sos/cec/rules.
AGENCY: 10-144 - Department of Health & Human Services, Maine Center for Disease Control and Prevention (formerly Bureau of Health), Division of Environmental Health (formerly Division of Health Engineering), Drinking Water Program
RULE TITLE OR SUBJECT: Ch. 228, Rules Relating to Fluoridation of Public Water Systems
PROPOSED RULE NUMBER: 2006-P176
CONCISE SUMMARY: The changes to the Rules Relating to the Fluoridation of Public Water Systems are intended to eliminate some confusing and contradictory language relating to public water system compliance, make the rules more consistent with The Rules Relating to Drinking Water and eliminate some requirements which the Department either did not have clear statutory authority to enforce or unnecessarily limited public water system’s options.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA Ch. 601, Subchapter 5, §§ 2651A - 2659
PUBLIC HEARING: August 8, 2006, 10:00 a.m., 286 Water Street, 3rd Floor – Drinking Water Program, Augusta
DEADLINE FOR COMMENTS: August 22, 2006
AGENCY CONTACT PERSON: Roger Crouse, Drinking Water Program, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5684
AGENCY: 94-411 - Maine State Retirement System
RULE TITLE OR SUBJECT: Ch. 803, Participating Local District Consolidated Retirement Plan
PROPOSED RULE NUMBER: 2006-P177
CONCISE SUMMARY: This rule governs the Consolidated Plan for Participating Local Districts. The proposed amendment permits participating local district members in specific plans to elect to pay the contribution necessary to make service earned in specific plans with other employers portable to the Consolidated Plan.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §17103 sub-§4 and §18801 et seq.
PUBLIC HEARING: August 10, 2006; 9:05 a.m., Maine State Retirement System Second Floor Conference Room, Two Central Plaza, Augusta, Maine 04333
DEADLINE FOR COMMENTS: August 21, 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: 10-148 - Department of Health and Human Services, Office of Child and Family Services, Adoption Program
CHAPTER NUMBER AND TITLE: Ch. 7, Rules for the Authorization of Background Checks for Prospective Adoptive Parents (first proposed as Ch. 12)
ADOPTED RULE NUMBER: 2006-311
CONCISE SUMMARY: These rules provide for and describe the procedures for completion of background checks for prospective adoptive parents. These rules are designed to protect the health, safety and wellbeing of children adopted from the Department of Health and Human Services (DHHS) or another licensed child placing agency with an adoption program. These rules apply for each prospective adoptive parent of a child in the Department's custody or in the custody of another licensed child placing agency.
EFFECTIVE DATE: July 2, 2006
AGENCY CONTACT PERSON: Virginia S. Marriner, Department of Health and Human Services, 221 State Street, State House Station # 11, Augusta, ME 04333
TELEPHONE: (207) 287-5060
AGENCY: 10-144 - Department of Health & Human Services
CHAPTER NUMBER AND TITLE: Ch. 24, Rules for Site Evaluators of Subsurface Wastewater Disposal Systems
ADOPTED RULE NUMBER: 2006-312
CONCISE SUMMARY: These modifications establish continuing professional development requirements for relicensure; raise the examination and licensing fees within statutory limits; and clarify other portions of the Rules.
EFFECTIVE DATE: July 15, 2006
AGENCY CONTACT PERSON: Russell G. Martin, PE, Department of Health & Human Services, Division of Environmental Health, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-4735
AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 90, Physician Services
ADOPTED RULE NUMBER: 2006-313
CONCISE SUMMARY: The Department has adopted a change to the MaineCare Benefits Manual, Ch. II Section 90, Physician Services, that adds coverage for cochlear implants for prelinguistically and postlinguistically deafened children ages one and older. The adopted rule also updates the criteria for cochlear implants for all members and makes technical corrections for clarification.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: July 20, 2006
AGENCY CONTACT PERSON: Jane Connors, Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9360
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.01, Hunting Seasons for Upland Game
ADOPTED RULE NUMBER: 2006-314
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife has adopted a rule repealing the prohibition on the taking of female pheasants within Wildlife Management District 24 during the annual pheasant hunting season (October 1 - December 31).
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.06, Wild Turkey Hunting Season
ADOPTED RULE NUMBER: 2006-315
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule adding Wildlife Management District 17 to the fall wild turkey hunting zone as well as establishing 2 zones as follows: Zone 1 consists of WMDs 15, 16, 17, 20, 24, 25 and 26 and Zone 2 consists of WMDs 21, 22 and 23. The rule also establishes the dates for Zone 2 as follows: Starting 30 days prior to and extending to the Friday preceding the regular deer hunting season, which corresponds to the archery deer hunting season. The season dates for Zone 1 will remain the same as last year (from the Saturday preceding the Monday observance of Columbus Day in October to the second Saturday following the Monday observance of Columbus Day) Any person who possesses an archery license as provided in 12 MRSA §11109 may purchase a wild turkey hunting permit to hunt during the fall season. The bag limit during this season is 1 wild turkey of either sex and any age per permit holder. Only bow and arrow may be used to hunt wild turkey during this season.
EFFECTIVE DATE: July 17, 2006
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: (207) 287-5201