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Home > Weekly Newspaper Notices > September 27, 2006

September 27 , 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: 05-071 - State Board of Education
RULE TITLE OR SUBJECT: Ch. 115, Certification, Authorization, and Approval of Education Personnel, Part I and Part II
PROPOSED RULE NUMBER: 2006-P238
CONCISE SUMMARY: Proposed amendments to Chapter 115, Part I and Part II include the addition of a new certificate, the Interim Superintendent Certificate, which would allow a school superintendent whose superintendent certificate had lapsed to be employed in a school district as an interim superintendent for a period of up to two years; the removal of reference to the current testing requirement for a targeted need certificate for prelingually deaf certification candidates; the inclusion that community college courses are acceptable with a minimum grade of “C” and part of an articulated agreement with a regionally accredited four-year college; the waiving of student teaching with a waiver to teach from the Commissioner and a support team; the addition of a new endorsement - Early Childhood (Birth to School age 5) – and, the addition of clarifying language that was inadvertently deleted in a prior rule revision in the following teacher endorsements; middle level, foreign language, literacy specialist, and career and technical.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 20-A MRSA §13011(1)
PUBLIC HEARING: October 16, 2006, Burton M. Cross State Office Building, ATM Room 103, 2 - 3 p.m., Augusta and three remote ATM sites: Presque Isle: MSAD 1, Presque High School; Bangor: Bangor Public Library; and Cumberland: Greely High School.
DEADLINE FOR COMMENTS: November 6, 2006
AGENCY CONTACT PERSON: Joanne C. Holmes, Federal Liaison, Department of Education, 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6669



AGENCY: 99-639 - ConnectME Authority
RULE TITLE OR SUBJECT: Ch. 101, ConnectME Authority Rule
PROPOSED RULE NUMBER: 2006-P239
CONCISE SUMMARY: New rules are proposed pursuant to Public Law 2005, chapter 665, the “The Advanced Technology Infrastructure Act” (35-A MRSA §§ 9201-9215, and 36 MRSA §2017). The purpose of the Act is to stimulate investment in advanced communications technology infrastructure so as to increase access to broadband and wireless communications services for all Maine communities, including rural communities. In order to achieve its purpose, the Act creates the ConnectME Authority and authorizes the Authority to adopt rules necessary or useful for carrying out its powers and duties. The Authority’s duties are listed in 35-A MRSA §§ 9204(2) and (3), and include: monitoring wireless coverage in areas where the Authority determines the quality of the coverage is inadequate; determining whether an area is an unserved or underserved area; expanding the availability of broadband to residential and small business customers in unserved or underserved areas; expanding the availability of broadband with bandwidth, synchronicity, reliability and security adequate to serve business, education and enterprise consumers in unserved or underserved areas; and otherwise enhancing the State's communications technology infrastructure in unserved and underserved areas.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA §§ 9203, 9205(3)
PUBLIC HEARING: October 18, 2006, 9:00 a.m., Taxation Committee Hearing Room, Room 127, State House, Augusta, Maine
DEADLINE FOR COMMENTS: November 1, 2006
AGENCY CONTACT PERSON: Kelly J. Arata, ConnectME Authority, 1 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-5660



AGENCY: 05-071 - Maine Department of Education
RULE TITLE OR SUBJECT: Ch. 28, Closing a School in the Unorganized Territory
PROPOSED RULE NUMBER: 2006-P240
CONCISE SUMMARY Prior to closing a school within the unorganized territory, the commissioner of education shall hold a public hearing in the area served by the school.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 20-A, section 3301, subsection 8
PUBLIC HEARING: Wednesday, October 18, 2006 at 10:00 a.m. in Room 501, Fifth floor, Cross State Office Building, Augusta, ME 04333
DEADLINE FOR COMMENTS: Friday, November 3, 2006 at 4 p.m.
AGENCY CONTACT PERSON: Richard A. Moreau, Director of State Schools – EUT, Maine Department of Education, Division of State Schools – EUT, 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6895



AGENCY: 05-071 - Maine Department of Education
RULE TITLE OR SUBJECT: Ch. 118, Purposes, Standards, and Procedures for Educational Personnel Support Systems (formerly: Support Systems: Standards and Procedures for Operation)
PROPOSED RULE NUMBER: 2006-P241
CONCISE SUMMARY: The Department and the State Board of Education propose to amend the rules governing educator certification support systems. Among the amendments was the inclusion of required performance standards: Maine's Initial Teacher Certification Standards. The proposed amendments include: a "Statement of Purpose" to clarify the new "Professional Learning Community" model described; revised definitions; inclusion of educational specialists with other educational personnel; the option of including educational technicians in the local support plan, at the discretion of the SAD; procedures for use by local support systems which support educators in seeking higher certification; a requirement for approved formal training for new teacher mentors; use of the National Board for Professional Teacher Standards to receive Master Teacher Certification; a Teacher Action Plan based on Maine's teaching standards; and the requirement for a standards-based e-portfolio for movement to initial professional certification (implementation of the portfolio requirement is not until 2011 to give time for research and development). This rule is not major and substantive and thus is not subject to time constraints that honor legislative approval.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 20-A MRSA §130l1(l)
PUBLIC HEARING: October 16, 2006, 3:00 - 4:30 p.m., Burton Cross State Office Building, Room 103 (ATM Studio) and: Bangor Public Library, ATM Studio; Greely High School, ATM Studio; and Presque Isle High School, ATM Studio
DEADLINE FOR COMMENTS: November 6, 2006
AGENCY CONTACT PERSON: Daniel J. Conley, Maine Department of Education, Cross Office Bldg., 23 State House Station, Augusta, Maine 04333-0023
TELEPHONE: (207) 624-6639
E-MAIL: dan.conley@maine.gov



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25, Lobster and Crab: 25.96(B)(2)(d), Zone D Apprentice Requirement, and 25.96(B)(3)(b)(ii)(2)(d), Zone D Apprentice Sponsor Requirement
PROPOSED RULE NUMBER: 2006-P242
CONCISE SUMMARY: The Department of Marine Resources proposes regulations in Chapter 25.96 based on a referendum response by Zone D members and a recommendation of the Zone D Lobster Management Council members to the Commissioner submitted in accordance with the provisions of 12 MRSA §6447(6). These proposed regulations would establish two new requirements in Zone D. Apprentices who wish to enter Zone D must complete their apprenticeship in that zone, and sponsors of Zone D 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), current apprentices would be grandfathered for the length of the program that they began their apprenticeship in.
STATUTORY AUTHORITY: 12 MRSA §6447
AGENCY CONTACT PERSON: Sarah Cotnoir (tel: 207-624-6596)
PUBLIC HEARING: Thursday, October 19, 2006, 6:00 p.m., State Ferry Terminal, Conference Room, 517A Main Street, Rockland
DEADLINE FOR WRITTEN COMMENTS*: Monday, October 30, 2006
RULE TITLE OR SUBJECT: Ch. 55, Gear Restrictions: 55.58, Penobscot River Fishing Closure, Exception for Salmon Fishing Experimental Open Season
PROPOSED RULE NUMBER: 2006-P243
CONCISE SUMMARY: The Department proposes an exception to the Penobscot River Fishing Closure following the Atlantic Salmon Commission’s adoption of an Experimental Open Season for Salmon from September 15 to October 15, 2006. The exception to the closure would provide consistency with the new rules by the Atlantic Salmon Commission and enforcement clarity in this area of the Penobscot River.
STATUTORY AUTHORITY: 12 MRSA §6171(5)
AGENCY CONTACT PERSON: Laurice U. Churchill (Tel: 207-633-9584)
PUBLIC HEARING: Monday, October 16, 2006, 6:00 p.m., Department of Marine Resources, Conference Room, West Boothbay Harbor
DEADLINE FOR WRITTEN COMMENTS*: Thursday, October 26, 2006
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
*MAIL WRITTEN COMMENTS TO: Department of Marine Resources, Attn.: L. Churchill, P.O. Box 8, West Boothbay Harbor, ME 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 (Deaf/Hard of Hearing)


ADOPTIONS



AGENCY: 29-250 - Department of Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 109, Rule Establishing the Fee for Special Legislative Motorcycle Registration Plates
ADOPTED RULE NUMBER: 2006-420
CONCISE SUMMARY: This rule establishes the fee for a special legislators’ motorcycle plate authorized by 29-A MRSA section 460 (sub-2).
EFFECTIVE DATE:
AGENCY CONTACT PERSON: Catherine Curtis, Director Vehicle Services, Bureau of Motor Vehicles (BMV), 29 State House Station, Augusta, ME 04333-0029
TELEPHONE: (207) 624-9191
E-MAIL: catherine.curtis@maine.gov