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Home > Weekly Newspaper Notices > November 29, 2006

November 29, 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 – Department of Education
RULE TITLE OR SUBJECT: Ch. 101, Maine Unified Special Education Regulation
PROPOSED RULE NUMBER: 2006-P331 and P332
CONCISE SUMMARY: The Department is proposing a new unified Chapter 101, “Maine Unified Special Education Regulation Birth to Age Twenty”, which will replace the current Chapters 180 (Early Intervention and Special Education for Children Age Birth to Under Age Six) and 101 (Maine Special Education Regulations).
This proposed rule governs the administration of the Childfind system for children age birth to twenty, the provision of early intervention services to eligible children birth to under age 3 (B-2) with disabilities and their families, and the provision of special education and related services to eligible children age three to twenty with disabilities and their families, implementing 20-A MRSA Chapters 301, and 303 and amendments thereto of Department of Education Statutes.
Throughout this proposed regulation, the Department has reflected the federal statutory and regulatory requirements in non-italicized text. State requirements are in italicized text and reflect additional procedures or timeframes to enhance the federal provisions. The federal IDEA has been in effect since December 2004 and the federal regulations implementing it have been in effect since October 13, 2006.
This rule, when provisionally adopted, will replace the current Maine Department of Education Regulations, Chapters 180 and 101.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA §7005 and Public Law Chapter 662, Section B-1
PUBLIC HEARING: December 18, 2006, 9:30 a.m. -12:30 p.m.
Augusta
103 Cross State Office Building, State House Campus.
Contact – Bob McIntire – (207) 624-6778, cell (207) 592-4718
Bangor Public Library
145 Harlow Street, Bangor
Contact Matt Brown - (207) 947-8336
Falmouth High School
74 Woodville Road, Falmouth
Contact – Suzan Nelson – (207) 781-7429
Sanford High School
668 Maine Street, Sanford
Contact – Joan Wright – (207) 324-8454
Two ATM “Broadcast Only” Sites will allow video viewing of the hearing at:
Caribou Technical Center
308 Sweden Street, Suite 1, Caribou
Contact – Lynn McNeal – (207) 493-4270
Wiscasset High School
Gardner Road, Wiscasset
Contact – Dianna Sommers – (207) 882-6303
DEADLINE FOR COMMENTS: January 22, 2007
AGENCY CONTACT PERSON: Joanne C. Holmes, Department of Education, State House Station #23, Augusta
TELEPHONE: (207) 624-6669



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #01-07
PROPOSED RULE NUMBER: 2006-P333
CONCISE SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA §2954.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
PUBLIC HEARING: December 22, 2006, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: December 22, 2006
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta Maine 04333
TELEPHONE: (207) 287-7521



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 202, Tree Growth Valuations - 2007
PROPOSED RULE NUMBER: 2006-P334
CONCISE SUMMARY: This rule fulfills the requirement that each year the State Tax Assessor determine 100% valuations per acre for each forest type by economic region for parcels under the Tree Growth Tax Law. This rule is applicable to the 2007 tax year.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA §576
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: January 3, 2007
AGENCY CONTACT PERSON: Agnes Gormley, Tax Policy Analyst, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9858


ADOPTIONS



AGENCY: 10-44 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 301, Food Stamp Certification Manual, Rev. #151A - Increase in Income Limits, Maximum Allotments, Standard Deduction, and Excess Shelter Deduction
ADOPTED RULE NUMBER: 2006-489
CONCISE SUMMARY: This policy reflects the annual Food Stamp increases in income limits, maximum monthly benefits, the standard deduction for households of four or more, and the excess shelter deduction.
EFFECTIVE DATE: November 22, 2006
AGENCY CONTACT PERSON: Robert Thibodeau, Food Stamp Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5054
TTY: (800) 606-0215



AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 703, Rules for the Care and Treatment of Elephants
ADOPTED RULE NUMBER: 2006-490
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 Federal Animal Health and Plant Health Inspection Service for the United States Department of Agriculture on the care and treatment of animals.
EFFECTIVE DATE: November 22, 2006
AGENCY CONTACT PERSON: Norma J. Worley, Department of Agriculture, Food and Rural Resources - Animal Welfare Program, 28 State House Station, Augusta, ME 04333-0028
TELEPHONE: (207) 287-3846



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #12-06
ADOPTED RULE NUMBER: 2006-491
CONCISE SUMMARY: Minimum December 2006 Class I price is $15.68 plus $1.35/cwt. for Producer Margins, an over-order premium of $1.50/cwt. as being prevailing in Southern New England and $1.40/cwt. handling fee for a total of $20.13 that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/agriculture/mmc/prihis.htm
EFFECTIVE DATE: December 3, 2006
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta ME 04333
TELEPHONE: (207) 287-7521



AGENCY: 16-222 - Bureau of Maine State Police
CHAPTER NUMBER AND TITLE: Ch. 4, Motor Carrier Safety Rules
ADOPTED RULE NUMBER: 2006-492
CONCISE SUMMARY: The proposed rules will allow the current rules first adopted January 1, 1987 to comply with the changes to Title 49 Code of Federal Regulations Parts 40, 382, 383, 390, 391, 392, 393, 395, 396 and Appendices to Subchapter B since the original adoption date. 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.
EFFECTIVE DATE: November 26, 2006
AGENCY CONTACT PERSON: John Fraser, Maine State Police, 20 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8914



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 401, Service Provider Tax – Return and Payment of Tax
ADOPTED RULE NUMBER: 2006-493
CONCISE SUMMARY: Rule 401 establishes requirements for the filing of tax returns and the payment of the Maine Service Provider Tax pursuant to 36 MRSA §2554.
EFFECTIVE DATE: November 16, 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