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Home > Weekly Newspaper Notices > August 9, 2006

August 9, 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: 01-001 - Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. 703, Rules for the Care and Treatment of Elephants
PROPOSED RULE NUMBER: 2006-P191
CONCISE SUMMARY: This chapter establishes minimum requirements for the care and treatment of elephants in the State of Maine. These rules reflect the standards of the Animal and Plant Health Inspection Service of the United States Department of Agriculture on the Care and Treatment of Elephants.
Copies of this rule are available upon request by contacting the Agency contact person listed below. Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, and be provided an opportunity for comment. Any person interested in providing public comment can provide written comments before the end of the comment period. All comments should be sent to the Agency Contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: S.P. 109 L.D. 327, Resolve Requiring the Department of Agriculture, Food, and Rural Resources to adopt rules regarding care and treatment of elephants.
PUBLIC HEARING: August 31, 2006, 1:00 p.m., AMHI Complex, Deering Building, Room 107, Augusta, ME 04330
DEADLINE FOR COMMENTS: September 11, 2006
AGENCY CONTACT PERSON: Norma J. Worley, Department of Agriculture, Food, and Rural Resources, 28 State House Station, Augusta, ME 04330-0028
TELEPHONE: (207) 287-3846



AGENCY: 09-137 Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: Season Dates and Open and Closed Areas for Beaver Trapping
PROPOSED RULE NUMBER: 2006-P192
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife proposes to adopt the following amendments to the regulations pertaining to Upland Game and Furbearing Animals:
The Department of Inland Fisheries and Wildlife proposes to adopt the following season dates for beaver trapping:
Wildlife Management Districts 1, 2, 3, 4, 5, 6: November 1 - April 30
Wildlife Management Districts 7, 8, 13, 14, 17: December 1 - March 31
Wildlife Management Districts 9, 10, 11, 18, 19, 28: November 1 - April 15
Wildlife Management Districts 12, 15, 16, 23, 25, 26, 27, 29: December 1 - February 28
Wildlife Management Districts 20, 21, 22, 24: December 15 - February 28
1.a. After the close of the Regular Statewide Trapping Season (#2 below), muskrats may still be trapped but only until March 31, and only in areas that are open to beaver trapping. In addition, in any township of the State that is open to beaver trapping, any otter taken in a beaver or muskrat set, so-called, may be lawfully possessed by any licensed trapper.
During the open season for beaver trapping in any of the twenty-nine wildlife management districts (WMDs), certain townships may be restricted by one of the following provisions:
(l) Town open to beaver trapping with certain specified areas closed;
(2) Town closed to beaver trapping with certain specified areas open;
(3) Town closed to all beaver trapping; or
(4) Town open to all beaver trapping.
A copy of the proposed open and closed areas by WMD for beaver trapping season may be obtained from the Agency Contact Person and Regional Wildlife or Warden Service offices.
STATUTORY AUTHORITY: 12 MRSA 10104
PUBLIC HEARINGS: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: September 8, 2006
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, #41 State House Station, Augusta, ME 04333-0041
E-MAIL: Andrea.Erskine@Maine.gov



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.95(1)(B)(2)(a), Monhegan Island Lobster Conservation Area, Open Season
PROPOSED RULE NUMBER: 2006-P193
CONCISE SUMMARY: The Monhegan Island Lobster Conservation Area, 180 day 2006 - 2007 open lobster fishing season, will begin December 1, 2006 and end May 29, 2007. This regulation conforms to 12 MRSA 6472.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6472 and 6171
AGENCY CONTACT PERSON: Laurice U. Churchill (Tel: 207-633-9584)
PUBLIC HEARING: None scheduled
DEADLINE FOR WRITTEN COMMENTS*: Friday, September 8, 2006
*MAIL WRITTEN COMMENTS TO: Department of Marine Resources, 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)



AGENCY: 02-031 Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 130, Minimum Reserve Standards for Individual and Group Health Insurance Contracts
PROPOSED RULE NUMBER: 2006-P194
CONCISE SUMMARY: This rule establishes appropriate standards for claim reserves, premium reserves, and contract reserves on individual and group health insurance.
RULE TITLE OR SUBJECT: Ch. 780, Actuarial Opinion and Memorandum
PROPOSED RULE NUMBER: 2006-P195
CONCISE SUMMARY: The purpose of this rule is to prescribe:
A. Requirements for statements of actuarial opinion that are to be submitted in accordance with Title 24-A MRSA Section 952-A, and for memoranda in support thereof.
B. Rules applicable to the appointment of an appointed actuary; and
C. Guidance as to the meaning of "adequacy of reserves."
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: These rules are promulgated by the Superintendent pursuant to Title 24-A MRSA, Sections 212 and 901-A.
PUBLIC HEARING: No public hearing is scheduled for these rules
DEADLINE FOR COMMENTS: September 8, 2006 at 5:00 p.m.
AGENCY CONTACT PERSON: Vanessa Leon, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8452


ADOPTIONS



AGENCY: 02-031 Department of Professional & Financial Regulation,-Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 355, Rules of Practice and Procedure Governing Adjudicatory Proceedings Held Under the Maine Property and Automobile Insurance Cancellation Control Acts
ADOPTED RULE NUMBER: 2006-344
CONCISE SUMMARY: The Superintendent has adopted these rules to establish procedural rules for the conduct of adjudicatory proceedings under the Maine Property Insurance Cancellation Control Act, 24-A MRSA 3048-3056, and the Automobile Insurance Cancellation Control Act, 24-A MRSA 2911-2924.
EFFECTIVE DATE: August 5, 2006
AGENCY CONTACT PERSON: Vanessa Leon, Bureau of Insurance, 34 State House Station, Augusta, ME 04333 (207) 624-8452



AGENCY: 16-633 - Gambling Control Board
CHAPTER NUMBER AND TITLE: Ch. 3, Control of Licensees
ADOPTED RULE NUMBER: 2006-345
CONCISE SUMMARY: This rule will allow the slot operator to shred original ticket vouchers after 90 days, unless otherwise ordered by the Gambling Control Board. The rule would also require slot operators to hold promotional information for one year.
CHAPTER NUMBER AND TITLE: Ch. 5, Minimum Internal Control Standards
ADOPTED RULE NUMBER: 2006-346
CONCISE SUMMARY: The changes would allow:
(rule I) - New definition added for machine malfunction;
(rule II-E(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-B1(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)) - for a slot machine to be reset after a patron agrees to the amount of the jackpot;
(rule III-I) - 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.
CHAPTER NUMBER AND TITLE: Ch. 6, Ticket Redemption and Forfeited Winnings
ADOPTED RULE NUMBER: 2006-347
CONCISE SUMMARY: This rule requires a ticket voucher be cashed in within one year of its issuance date.
CHAPTER NUMBER AND TITLE: Ch. 7, Collection of Payments
ADOPTED RULE NUMBER: 2006-348
CONCISE SUMMARY: The rule change would change the day of payment from Monday to Wednesday at the close of business.
CHAPTER NUMBER AND TITLE: Ch. 8, Slot Machine Locations and Hours of Operation
ADOPTED RULE NUMBER: 2006-349
CONCISE SUMMARY: Sentence was eliminated in section l(D) to clear up a conflict in rules.
CHAPTER NUMBER AND TITLE: Ch. 10, Slot Machine Maintenance
ADOPTED RULE NUMBER: 2006-350
CONCISE SUMMARY: This rule would establish the Machine Entry Authorization Log as the official maintenance log for the slot machine. The rule would also codify the information that must be recorded when the machine is opened for service.
CHAPTER NUMBER AND TITLE: Ch. 23, Gambling Addiction Counseling Services
ADOPTED RULE NUMBER: 2006-351
CONCISE SUMMARY: This rule would require providers of gambling addiction counseling services to be certified by the State in order to be reimbursed with State funds.
EFFECTIVE DATE: August 5, 2006
AGENCY CONTACT PERSON: Robert Welch, Gambling Control Board, 45 Commerce Drive, Suite #3, Augusta, Maine 04330
TELEPHONE: (207) 626-3900



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual; Ch. III Section 12, Consumer Directed Attendant Services
ADOPTED RULE NUMBER: 2006-352
CONCISE SUMMARY: The adopted rule increased rates paid for personal care attendant (PCA) services under Section 12, Consumer Directed Attendant Services. LD 1968, Public Law, Ch. 519, Section VVV-1, directed the Department to increase the rate of reimbursement for providers of consumer-directed personal care assistance services from $7.71 per hour to $9.00 per hour, effective July 1, 2006. In order to increase the rate of pay of PCAs to $9.00 per hour, plus add in the cost of employee benefits, the Department increased the hourly rate to $10.44 per hour to the Provider Agency who pays the PCAs to provide Section 12 services. Additionally, the maximum level of reimbursement per member per month is increased to assure there will not be a negative impact on the number of hours of services received by a member due to the rate increase.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: August 7, 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: 12-150 - Department of Labor, Bureau of Rehabilitation Services, Division for Blind and Visually Impaired
CHAPTER NUMBER AND TITLE: Ch. 15, Rules Governing the Business Enterprise Program for Individuals Who Are Blind
ADOPTED RULE NUMBER: 2006-353
CONCISE SUMMARY: Repeal and replace of rules governing the provision of the Business Enterprise Program for individuals who are blind. The rules govern the operation of food services by persons who are blind and visually impaired as managers of Business Enterprise Program locations. Modifications reflect federal legislation and regulations.
EFFECTIVE DATE: August 7, 2006
AGENCY CONTACT PERSON: Paul E. Cote, Bureau of Rehabilitation Services, Division for Blind and Visually Impaired, 150 State House Station, Augusta, ME 04333-0150
TELEPHONE: (207) 624-5950