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Home > Weekly Newspaper Notices > September 20, 2006

September 20, 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: 02-031 – Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 542, Educational Requirements for Insurance Professionals (repeals and replaces Ch. 541)
PROPOSED RULE NUMBER: 2006-P231 and P232
CONCISE SUMMARY: To establish standards and procedures for the approval and operation of courses and programs through which producers and consultants may satisfy applicable education requirements.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 24-A MRSA §§ 212, 601(23), 1410(4)(A), 1483(2), and 1485
PUBLIC HEARING: A public hearing will be held Thursday, October 12, 2006 at 10:00 a.m. in the Androscoggin Room of the Department of Professional and Financial Regulation building, 124 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: Written comments must be received no later than Monday, October 23, 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



AGENCY: 02-031 – Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 545, Appointment Renewal Fees - Nonresident Individual Producers and Business Entities
PROPOSED RULE NUMBER: 2006-P233
CONCISE SUMMARY: This Rule is adopted by the Superintendent to establish the biennial appointment renewal fee for nonresident insurance producers. This Rule applies to any insurer, as defined at 24-A MRSA §1420-A(5), which appoints any nonresident individual or business entity producer licensee to act as its agent in this State as specified at 24-A MRSA §1420-M. In accordance with 24-A MRSA §1420-M (4), an insurer shall remit a renewal appointment fee in the amount set forth in 24-A MRSA §601 for every producer whom it appoints to act as its agent for the sale, solicitation or negotiation of insurance in this State. Under 24-A MRSA §601 (5)(E) in the case of individual licensees and 24-A MRSA §601 (5)(G) in the case of business entity licensees, the biennial appointment renewal fee applicable to each appointed producer is $70.00 unless the Superintendent establishes a different amount by rule, which may not exceed the cap of $70.00.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 24-A MRSA §§ 212 and 601
PUBLIC HEARING: A public hearing is scheduled for October 12, 2006 at 9:00 a.m. in the Androscoggin Room of the Department of Professional and Financial Regulation building, 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: Written comments must be received no later than Monday, October 23, 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



AGENCY: 02-031 – Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 820, Limitations on Annuity Limited Licenses
PROPOSED RULE NUMBER: 2006-P234
CONCISE SUMMARY: This rule is being repealed because Annuity Limited Licenses are no longer issued, and the statutory limitation on existing licensees to which Rule Ch. 820 refers has been repealed.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: No public hearing is scheduled. A public hearing will be held if requested by any five interested persons.
DEADLINE FOR COMMENTS: Written comments must be received no later than October 20, 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



AGENCY: 17-229 - Maine Department of Transportation
RULE TITLE OR SUBJECT: Amendment to Rule Number 17-229 Ch. 206, Regulations for the Installation of Gas, Food, Lodging and Camping Logo Signs on the Rural Part of the Interstate Highway System
PROPOSED RULE NUMBER: 2006-P235
CONCISE SUMMARY: This amendment to the Maine Department of Transportation’s Rules will add the 'attractions' category to the existing Logo Sign program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 23 MRSA §1912-B, 23 MRSA §52 and 23 MRSA §4206(5)
PUBLIC HEARING: No public hearing is planned.
DEADLINE FOR COMMENTS: October 23, 2006
AGENCY CONTACT PERSON: Bruce Ibarguen, Department of Transportation, Traffic Engineering Division. 16 State House Station, Augusta ME 04333-0016
TELEPHONE: (207) 624-3620



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch.101, Calculation of Interest
PROPOSED RULE NUMBER: 2006-P236
CONCISE SUMMARY: The proposed rule sets forth the standard interest rate established pursuant to 36 MRSA §186 that is charged against unpaid taxes and paid by the State on overpayments of taxes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA §186
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: October 23, 2006
AGENCY CONTACT PERSON: David Bauer, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9681
E-MAIL: david.e.bauer@maine.gov



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 806, Nonresident Individual Income Tax
PROPOSED RULE NUMBER: 2006-P237
CONCISE SUMMARY: This rule has been in place since 1987 and has been amended several times. It is being amended once again primarily in order to reflect recent statutory changes affecting the taxable thresholds applicable to nonresidents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA §112
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: October 23, 2006
AGENCY CONTACT PERSON: Dennis M. Doiron, Director, Income/Estate Tax Division, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 626-8483
E-MAIL: dennis.m.doiron@maine.gov


ADOPTIONS



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25, Lobster and Crab: 25.95(1)(B)(2)(a), Monhegan Island Lobster Conservation Area, Open Season
ADOPTED RULE NUMBER: 2006-408
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.
EFFECTIVE DATE: September 17, 2006
AGENCY CONTACT PERSON: Laurice U. Churchill, Department of Marine Resources, Attn.: L. Churchill, PO Box 8, West Boothbay Harbor ME 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9584
TTY: (207) 633-9500



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 803, Withholding Tax Reports and Payments
ADOPTED RULE NUMBER: 2006-409
CONCISE SUMMARY: The rule has been repealed and replaced in order to make revisions reflecting the electronic filing mandated by recently-enacted legislation, and to make various other changes designed to clarify the rule and improve taxpayer convenience.
EFFECTIVE DATE: September 19, 2006
AGENCY CONTACT PERSON: David E. Bauer, Esq., General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9681



AGENCY: 10-144 - Department of Health and Human Services, Maine Center for Disease Control and Prevention (fka Bureau of Health), Division of Environmental Health (fka Division of Health Engineering), Drinking Water Program (DWP)
CHAPTER NUMBER AND TITLE: Ch. 231, Rules Relating to Drinking Water
ADOPTED RULE NUMBER: 2006-410
CONCISE SUMMARY: The changes to the State of Maine Rules Relating to Drinking Water include several updates to the names of the Drinking Water Program's (DWP) division, bureau, and department. Also added were updates to the Rules' references to the Code of Federal Regulations (CFR). The only substantive changes involved adding well construction and setback requirements, and adjusting the number of positions supported by the DWP's alternative funding mechanism back to 10 positions.
EFFECTIVE DATE: September 20, 2006
AGENCY CONTACT PERSON: Tera R. Pare, Rulemaking Coordinator, Drinking Water Program, 286 Water Street, 3rd Floor, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5680