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Home > Weekly Newspaper Notices > September 6, 2006

September 6, 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 & Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: 4.06, Wild Turkey Hunting Season
PROPOSED RULE NUMBER: 2006-P200
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt a rule amending the wild turkey hunting season by adding WMD 7 to the turkey hunting zone. This rule also establishes the dates for the split season to occur as follows: Season A: April 30, 2007 - May 5, 2007 and May 21, 2007 - May 26, 2007; Season B: May 7, 2007 - May 12, 2007 and May 14, 2007 - May 19, 2007; All permit holders: May 28, 2007 - June 2, 2007. (Permittees who have not taken a turkey during their designated season will be allowed to hunt during the last week of the season). During "even" years [e.g., 2006, 2008, 2010] hunters with "even" birth years will be authorized to hunt during Season A; hunters with "odd" birth years will be authorized to hunt during Season B. During "odd" years [e.g. 2007, 2009, 2011] hunters with "odd” birth years will be authorized to hunt during Season A; hunters with "even" birth years will be authorized to hunt during Season B. Youth Spring Wild Turkey Hunting Day will occur on the Saturday preceding the opening day of Season A (April 28, 2007). In addition, this year the Department proposes to allow all youth 10 years of age or older and under 16 years of age who possess a junior hunting license and a valid spring Wild Turkey Permit for either Season A or Season B to hunt any Saturday during the open spring wild turkey hunting season. [A detailed copy of the proposed rule may be obtained from the agency contact person listed below.]
STATUTORY AUTHORITY: 12 MRSA §11701
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: October 6, 2006
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries & Wildlife, #41 State House Station, Augusta, ME 04333-0041
E-MAIL: andrea.erskine@maine.gov
TELEPHONE: (207) 287-5201



AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 1, Ice and Open Water Fishing Regulations
PROPOSED RULE NUMBER: 2006-P201
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing regulation changes for the upcoming ice fishing and open water fishing seasons on the following waters: Kennebec River (2 sections in Waterville/Winslow to tidewater) - changing regulations for striped bass to be more consistent with Department of Marine Resources rules; Unnamed (Foxhole) Pond, Deblois - Open to ice fishing per group B for persons under 16 years of age; daily limit on trout: 2 fish; fishing restricted to 2 lines per person; 35 waters throughout the state designated as wild brook trout waters which will have either a prohibition on the use or possession of live fish as bait or artificial lures only restrictions placed on them (available by contacting the Agency Contract Person below). Written comments may be submitted on any of these proposals.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §10104
PUBLIC HEARING: None schedule; one may be requested. Written comments may be submitted on any of the proposals.
DEADLINE FOR COMMENTS: October 6, 2006
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Department of Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
E-MAIL: andrea.erskine@maine.gov
TELEPHONE: (207) 287-5201



AGENCY: 16-222 – Department of Public Safety, Bureau of Maine State Police
RULE TITLE OR SUBJECT: Ch. 4, Motor Carrier Safety Rules
PROPOSED RULE NUMBER: 2006-P202
CONCISE SUMMARY: These rules adopt by reference and prescribe the requirements of the Department of Public Safety governing the safe operation of motor carriers as found in 49 Code of Federal Regulations Parts 40, 382, 383, 390, 391, 392, 393, 395, and 396 and Appendices to Subchapter B. Changes that have been made include including some requirements to perform background checks and keep records on drivers in Part 391 and to adopt sections of Part 383. Chapter 4 also includes Maine-adopted amendments to the federal regulations. This adoption will keep Maine current with the rest of the nation.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 29-A M.R.S.A. §555
PUBLIC HEARING: None scheduled; one may be requested
DEADLINE FOR COMMENTS: Tuesday, October 10, 2006 by 5 p.m.
AGENCY CONTACT PERSON: John Fraser, Bureau of State Police, #20 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8914


ADOPTIONS



AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 608, Amendment 4: Tuition Waiver Program
ADOPTED RULE NUMBER: 2006-397
CONCISE SUMMARY: This amendment expands the definition of eligible foster children to include children who are in subsidized adoptive care and those who are minor wards of subsidized permanency guardians, to comply with changes in governing law provided in PL 2006, c. 471.
EFFECTIVE DATE: September 4, 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: 02-502 - Department of Professional and Financial Regulation, Board of Complementary Health Care Providers
CHAPTER NUMBER AND TITLE: Ch. 1, Definitions; Ch. 3-A, Certification for the Formulation and Dispensing of Custom-Made Chinese Herbal Formulations
ADOPTED RULE NUMBER: 2006-398 and 399
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 adopted new Ch. 3-A to implement the statute.
Ch. 3-A contains training requirements based on standards established by the Accreditation Commission for Acupuncture and Oriental Medicine. These are, generally, a Master's degree in Oriental medicine from an accredited program, or an herb certificate training program consisting of a minimum of 450 hours of combined didactic and clinical training, or certification by the National Certification Commission for Acupuncture and Oriental Medicine.
Maine-licensed acupuncturists who can demonstrate eight years of custom herbal practice prior to July 1, 2004 qualify for certification on the basis of experience without need of formal training. Those with less than eight years of experience as of July 1, 2004 who do not otherwise qualify have until July 28, 2008 to meet one of the training requirements described above. Ch. 3-A also contains a reciprocity/transition mechanism for acupuncturists licensed to practice custom-made Chinese herbal formulation in another state.
The board amended Ch. 1 by defining "ACAOM" to mean the Accreditation Commission for Acupuncture and Oriental Medicine.
EFFECTIVE DATE: September 5, 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: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 60, Medical Supplies and Durable Medical Equipment
ADOPTED RULE NUMBER: 2006-400
CONCISE SUMMARY: The Department adopted changes to Section 60.07.1 (requirements), section 60.07-6 (emergency equipment), appendix A.11 (cochlear implants), appendix A.12 (negative pressure wound therapy), and appendix B.6 (bone growth stimulators). Section 60.07-1 updates and clarifies the policy for medical supplies and durable medical equipment. Section 60.07-6 outlines the procedure for emergency rental, including definitions, prior authorization, and reimbursement. Appendix A.11 clarifies the policy for approval of cochlear implants and adds language to authorize cochlear implants for children ages one and older. Appendix A.12 adds criteria for negative pressure wound therapy, including prior authorization, covered equipment and supplies, requirements for continued coverage, and types of wounds for which this therapy may be used. Appendix B. 6 adds criteria for spinal bone growth stimulators and updates the criteria for non-spinal bone growth stimulators.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: September 5, 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)