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Home > Weekly Newspaper Notices > October 25, 2006

October 25 , 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: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 302, Sales to Government Agencies and Exempt Organizations
PROPOSED RULE NUMBER: 2006-P272
CONCISE SUMMARY: Rule 302 has been in place for many years and serves to explain the administration of sales tax exemptions pertaining to government agencies and exempt organizations. Various minor amendments are being proposed as part of a general review of Maine Revenue Services rules. None of the proposed amendments changes current administrative practice.
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: November 13, 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: 94-348 - Maine Human Rights Commission
RULE TITLES OR SUBJECTS:
Ch. 3, Employment Regulations of the Maine Human Rights Commission
Ch. 5, Public Accommodations Regulations Relating to Physical or Mental Disability Discrimination in Public Conveyances of the Maine Human Rights Commission
Ch. 7, Accessibility Regulations of the Maine Human Rights Commission
Ch. 8, Housing Regulations of the Maine Human Rights Commission
PROPOSED RULE NUMBERS: 2006-P273 through P276
CONCISE SUMMARY: The proposed change repeals the existing definition of physical and mental disability in the abovementioned rules and regulations and proposes a new regulatory definition consistent with the Law Court's recent decision in Whitney v. Wal-Mart Stores, Inc., 2006 ME 37, in which the Court ruled that the Commission's regulatory definition is invalid because it requires a showing of a substantial limitation on a major life activity.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §4566(7)
PUBLIC HEARING: November 13, 2006, 9:00 a.m., Senator Inn & Conference Center, Embassy Room, 284 Western Ave., Augusta, ME
DEADLINE FOR COMMENTS: November 23, 2006
AGENCY CONTACT PERSON: John P. Gause, Esq., Maine Human Rights Commission, 51 State House Station, Augusta, ME 04333-0051
TELEPHONE: (207) 624-6050



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 2, Aquaculture Lease Regulations: Updates to sections 05(L&K), 12(3), 44, 45, 46, 60, and 64(7)(A)
PROPOSED RULE NUMBER: 2006-P277
CONCISE SUMMARY: The Department of Marine Resources proposes amendments to Ch. 2 Aquaculture Lease Regulations for compliance and consistency with changes in 12 MRSA §6072(2), (12), (12-A) and (13-A) effective April 4, 2006. Other proposed changes would include adding the definition of mean low-water; adding the option and circumstances under which the Department could delete a species from a lease; add a lease transfer fee exemption for immediate family members; and correct a reference in the experimental decision standards that applies only to standard leases. Punctuation corrections in Ch. 2 are also proposed.
RULE TITLE OR SUBJECT: Ch. 2, Aquaculture Lease Regulations: sections.12, 45 and 60, proposed changes to acreage limit
PROPOSED RULE NUMBER: 2006-P278
CONCISE SUMMARY: The Department of Marine Resources proposes amending the acreage cap to 1,000 acres in Ch. 2 in accordance with 12 MRSA §6072(13-A), paragraph B, effective April 4, 2006. This proposed increase reflects the status of current needs in Maine’s aquaculture industry. The increase would coordinate fallowing and production requirements through crop rotation as well as improve the critical mass necessary for the industry’s economic infrastructure such as processing operations. A complete copy of Ch. 2 is available to download from: http://www.maine.gov/sos/cec/rules/13/188/188c002.doc
STATUTORY AUTHORITY: 12 MRSA §6072
AGENCY CONTACT PERSON: Samantha Horn Olsen (tel: 207-624-6554)
PUBLIC HEARINGS*: Monday, Nov. 13, 2006, 6:00 pm, City Hall Auditorium, One City Hall Plaza, Ellsworth; Wed., Nov. 15, 2006, 6:00 pm, Lincoln County Communication Center, Meet Room (lower entrance behind the courthouse), Route 1, Wiscasset; and Thurs., Nov. 16, 2006, 6:00 pm, Science Bldg. Lecture Hall (Rm102), Univ. of Maine, 9 O’Brien Ave., Machias
*Public hearings for 2 separate rulemakings will be held each night with the second hearing to start immediately upon the conclusion of the first hearing. The order will be Ch. 2 proposed updates followed by Ch. 2 for proposed acreage changes. Electronic copies with the proposed text may be obtained from the web site listed; copies will be available at the hearings; or to request hard copies to be mailed please use the contact information listed.
DEADLINE FOR WRITTEN COMMENTS**: November 27, 2006
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
**MAIL WRITTEN COMMENTS TO:
AGENCY NAME: Department of Marine Resources
ADDRESS: 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: 01-001 - Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Amendment to Ch. 268, Pine Shoot Beetle Quarantine
PROPOSED RULE NUMBER: 2006-P279
CONCISE SUMMARY: The Department proposes to amend Maine’s Pine Shoot Beetle (PSB) Quarantine to include all counties except Aroostook and Washington under quarantine. Current state regulations make it difficult for pine processing facilities to obtain pine because all the surrounding suppliers are regulated (considered infested) for PSB. By amending the regulations to include the 14 counties with pine processing facilities, these facilities will be able to obtain pine and continue to operate. Aroostook and Washington County sawmills do not report receiving any regulated pine. In addition, landowners in those two counties generate pine products and Christmas trees that they ship to unregulated areas and they would be negatively impacted if they were included in the regulated area.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA, Ch. 409, §§ 2301-2303
PUBLIC HEARING: Monday, November 13, 2006 with an afternoon session from 2:00 to 4:00 p.m. and an evening session starting at 6:00 p.m. at the Penobscot County Cooperative Extension Meeting Room at 307 Maine Avenue in Bangor (Exit 183 from I-95).
DEADLINE FOR COMMENTS: 4:00 p.m. on Monday, November 27, 2006
AGENCY CONTACT PERSON: Robert I. Batteese, Jr., Acting Director, Division of Plant Industry, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3891
FAX: (207) 624-5003
E-MAIL: robert.batteese@maine.gov



AGENCY: 01-026 – Department of Agriculture, Food & Rural Resources, Board of Pesticides Control
RULE TITLE OR SUBJECT: Board of Pesticides Control Rules:
Amendment to Ch. 10, Definitions and Terms
Amendment to Ch. 20, Special Provisions
Amendment to Ch. 21, Pesticide Container Disposal and Storage
Amendment to Ch. 27, Standards for Pesticide Applications and Public Notification in Schools
Amendment to Ch. 28, Notification Provisions for Outdoor Pesticide Applications
Amendment to Ch. 31, Certification and Licensing Provisions/Commercial Applicators
Amendment to Ch. 40, Maine Restricted and Limited Use Pesticides
Amendment to Ch. 41, Special Restrictions on Pesticide Use
PROPOSED RULE NUMBER: 2006-P280 through P287
CONCISE SUMMARY: The Board is proposing to make a series of changes to these eight chapters as follows: (1) to amend Ch. 10 to clarify that persons treating standing utility poles are not exempt from commercial licensing, (2) to amend Ch. 20 to add a provisions that explicitly prohibit unauthorized application of pesticides to the property of another; (3) to amend Ch. 21 to correct an outdated phone number, (4) to amend Ch. 27 to relax the notification and IPM requirements for treating mosquitoes when arbovirus positive animals have been detected in the area, (5) to amend Ch. 28 to allow persons requesting notice to also request a copy of a label or an MSDS and add a provision for waiving the fee to be on the Pesticide Notification Registry, (6) to amend Ch. 31 to combine a few subcategories, (7) to amend Ch. 40 to move trichlorfon from the limited use list to the restricted use list, and (8) to amend Ch. 41 to delete the section on trichlorfon.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8051 et seq., 7 MRSA §§ 601-625 and 22 MRSA §§ 1471-A-X.
PUBLIC HEARING: Friday, November 17, 2006 at 9:30 a.m. in the Colby/ Thomas Room at the Hampton Inn, 425 Kennedy Memorial Drive in Waterville
DEADLINE FOR COMMENTS: 4:00 p.m. on Friday, December 1, 2006
AGENCY CONTACT PERSON: Henry S. Jennings, Board of Pesticides Control, 28 State House Station, Augusta, Maine 04330-0028
TELEPHONE: (207) 287-2731
FAX: (207) 624-5003
E-MAIL: henry.jennings@maine.gov
URL: http://www.maine.gov/agriculture/pesticides/laws/rules.htm



AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: 4.05, Moose Hunting
PROPOSED RULE NUMBER: 2006-P288
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife is proposing to adopt a rule establishing the number of moose hunting permits to be issued for the 2007 season. Permits will be issued for bulls and antlerless moose. Permits are allocated according to Wildlife Management District as follows:

WMD 1 – 120 bulls / 20 antlerless
WMD 2 – 90 bulls
WMD 3 – 225 bulls / 220 antlerless
WMD 4 – 255 bulls
WMD 5 – 120 bulls
WMD 6 – 220 bulls / 265 antlerless
WMD 7 – 125 bulls
WMD 8 – 235 bulls
WMD 9 – 50 bulls
WMD 10 – 100 bulls / 10 antlerless
WMD 11 – 160 bulls / 120 antlerless
WMD 12 – 35 bulls / 20 antlerless
WMD 13 -- 35 bulls / 10 antlerless
WMD 14 – 35 bulls
WMD 17 – 30 bulls / 30 antlerless
WMD 18 – 80 bulls / 20 antlerless
WMD 19 – 90 bulls / 15 antlerless
WMD 27 – 25 bulls / 5 antlerless
WMD 28 – 60 bulls / 20 antlerless
TOTAL: 2,090 bulls / 755 antlerless

In WMDs 1, 2, 3, 4, 5, 6, 11 and 19 the season will begin on the Monday following the close of the bear baiting season and remain open for 6 days and in WMDs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 17, 18, 19, 27, and 28 the season will begin on the second Monday of October and remain open for 6 days.
It shall be unlawful for any permit holder or their subpermittee to hunt moose inconsistent with the specifications designated on the permit.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §11551
PUBLIC HEARING: November 16, 2006, Fort Kent Town Office, Council Chambers, 416 West Main Street; 6:30 p.m.
DEADLINE FOR COMMENTS: November 27, 2006
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries & Wildlife, 284 State Street, Augusta, ME 04333-0041
E-MAIL: Andrea.Erskine@maine.gov


AGENCY: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. 7, Implementation of the Essential Programs and Services Funding
PROPOSED RULE NUMBER: 2006-P289
CONCISE SUMMARY: This chapter contains state agency major substantive rules regarding the implementation and administration of school funding based on the Essential Programs and Services model established in 20-A MRSA, Ch. 606-B including targeted funds for technology, implementation of a standards-based system, and the costs of additional investments in educating children in kindergarten to grade 2. Specifically, this proposal is limited to the procedural requirements, the requirements of the local plan submission, and approval requirements for school administrative units to receive Targeted Funds for technology, implementation of a standards-based system, and the costs of additional investments in educating children in kindergarten to grade 2.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 20-A MRSA Ch. 606-B, §l5671 sub-§6, §15681, and §15687
PUBLIC HEARING: November 13, 2006, 1:00 - 3:00 p.m., Burton M. Cross State Office Building, ATM Room, Augusta, and three remote locations:
Presque Isle High School, MSAD # 1; Bangor Public Library, Bangor; Falmouth High School, Falmouth
DEADLINE FOR COMMENTS: November 23, 2006
AGENCY CONTACT PERSON: Jim Rier, Department of Education, 23 State House Station, Augusta, Maine 04333-0023
TELEPHONE: (207) 624-6794



AGENCY: 10-144 - Department of Health and Human Services
RULE TITLE OR SUBJECT: Ch. 258, Rules for the Control of Notifiable Diseases and Conditions
PROPOSED RULE NUMBER: 2006-P290
CONCISE SUMMARY: These Rules repeal and replace existing Rules for the Control of Notifiable Conditions, which govern the reporting of certain diseases, clusters of unusual cases of a disease or outbreaks of a disease, epidemics and extreme public health emergencies. Changes were made to add new notifiable diseases and to update existing Rules to reflect recent developments in disease investigation and intervention. There is a new section in these Rules which will become operational only in the event of an extreme public health emergency as declared by the Governor.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 22 MRSA, Ch. 250
PUBLIC HEARING: November 8th, 1:00 p.m. at 244 Water Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: November 24, 2006
AGENCY CONTACT PERSON: Elana Jellison, Department of Health and Human Services, 244 Water Street, Augusta, Maine 04333
TELEPHONE: (207) 287-1919
TTY: (800) 606-0215


ADOPTIONS: none this week.