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Home > Weekly Newspaper Notices > January 3, 2007

January 3, 2007

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: 29-250 - Department of Secretary of State, Bureau of Corporations, Elections & Commissions
RULE TITLE OR SUBJECT: Request for comments on the Maine Administrative Procedure Act
PROPOSED RULE NUMBER: 2007-P0
CONCISE SUMMARY: By January 30, 2007, the Secretary of State must file an annual report to the Governor and the Joint Standing Committee on State and Local Government on the Administrative Procedure Act. The purpose of this ad is to solicit, from state agencies and the public, recommendations for improvements to the rule-making process. We will include any comments on these recommended improvements in the report.
STATUTORY AUTHORITY: 5 MRSA §8056-A
PUBLIC HEARING: None.
DEADLINE FOR COMMENTS: January 26, 2007
AGENCY CONTACT PERSON: Don Wismer, APA Coordinator, Department of Secretary of State, 101 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-7650
FAX: (207) 287-6545
E-MAIL: don.wismer@maine.gov



AGENCY: 14-197 - Department of Health and Human Services, Office of Adults with Cognitive and Physical Disability Services
RULE TITLE OR SUBJECT: Ch. 11 (New), Regulations Regarding Reportable Events, Adult Protective Investigations and Substantiation Hearings Regarding Persons with Mental Retardation or Autism (repeals and replaces Ch. 6 and 9)
PROPOSED RULE NUMBER: 2006-P166 and P167 (resubmitted)
CONCISE SUMMARY: The new regulation combines two regulations regarding reportable events and adult protective activities (14-197 CMR Ch 6 and14-197 CMR Ch 9) into one (and thus repeals current Ch. 6 and 9). The Department had completed the rulemaking procedure, but has decided, pursuant to 5 MRSA §8052(5)(B) to send the unadopted rule back out for public comment due to the many changes made as a result of earlier public comment.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 18-A MRSA §§ 5-312, 5-601, 5-606, 5-607; 22 MRSA §§ 3470-3492, 7921-24; 34-B MRSA §§ 1205, 3803, 3832, 5003, 5203, 5480, 5601-06
PUBLIC HEARING: None Required.
DEADLINE FOR COMMENTS: Friday, February 9, 2007
AGENCY CONTACT PERSON: Mary Crichton, Office of Adults with Cognitive and Physical Disability Services, Marquardt Building, 2nd Fl., 32 Blossom Lane, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-4218 (V)
TTY: 1 (800) 606-0215



AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources
RULE TITLE OR SUBJECT: Ch. (New), Proposed Rules for the Agriculture Compliance Program
PROPOSED RULE NUMBER: 2006-P348
CONCISE SUMMARY: These rules establish a procedure for handling complaints concerning farms and farm operations and complaints between farmers and their neighbors. Complaints against farming operations will be investigated by the Department, which will recommend site specific best management practices intended to resolve agriculture related problems found to exist on the farm.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 17 MRSA §2805
PUBLIC HEARING: January 25, 2007, 10:00 a.m. & 2:00 p.m., Maine Department of Agriculture, Room 319 Deering Building, Augusta, Maine
DEADLINE FOR COMMENTS: February 5, 2007
AGENCY CONTACT PERSON: Mark F. Hedrich, Maine Department of Agriculture, Food & Rural Resources, State House Station #28, 223 Deering Building, Augusta, Maine
TELEPHONE: (207) 287-7608



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 8, Landings Program, ASMFC Eel & Elver Reporting Compliance proposed regulations
PROPOSED RULE NUMBER: 2006-P349
CONCISE SUMMARY: The proposed rules institute trip level reporting of harvest by eel and elver harvesters. The proposed rules also modify current dealer reporting requirements by standardizing reported data elements with other reporting regulations and removing the effort reporting requirement. Eel harvesters previously reported monthly catches and attempts to obtain effort data on the elver fishery through the elver dealers were not effective. The units of catch and effort data reported by the Atlantic States Marine Fisheries Commission (ASMFC) member states must be the same so the data can be used to complete stock assessments for management purposes. Therefore, addendum I to the American Eel Fisheries Management Plan (FMP) requires trip level reporting by dealers and/or harvesters.
STATUTORY AUTHORITY: 12 MRSA §6171, §6173
PUBLIC HEARINGS: Monday, January 22, 2007, 6:00 pm**, Lincoln County Communication Center, Meet Room (lower entrance behind the courthouse), Route 1, Wiscasset
Tuesday, January 23, 2007, 6:00 pm, City Hall (Auditorium), One City Hall Plaza, Ellsworth
DEADLINE FOR WRITTEN COMMENTS: February 2, 2007
AGENCY CONTACT PERSON: Gail Wipplehauser (tel: 207-624-6349)
RULE TITLE OR SUBJECT: Ch. 55.30, Fishing in the Sheepscot River, Lincoln County, Exception
PROPOSED RULE NUMBER: 2006-P350
CONCISE SUMMARY: An exception is proposed to be added to this regulation that would allow the use of elver fyke nets in the area closed to nets and seines in the Sheepscot River between the Wiscasset-North Edgecomb Bridge and the so-called Headtide Dam at Alna.
STATUTORY AUTHORITY: 12 MRSA §6171
PUBLIC HEARING: Monday, January 22, 2007, 6:00 pm**, Lincoln County Communication Center, Meet Room (lower entrance behind the courthouse), Route 1, Wiscasset
DEADLINE FOR WRITTEN COMMENTS: February 1, 2007
AGENCY CONTACT PERSON: Lt. Jon Cornish (tel: 207-633-9595)
**Public hearings for 2 separate rulemakings will be held Monday night, January 22nd with the hearing on Ch. 8 to start immediately upon the conclusion of the hearing on Ch. 55.30 Fishing in the Sheepscot River, Lincoln County, Exception. See separate rulemaking notices. 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. If you are unable to attend a hearing persons are encouraged to submit written comments from the receipt or posting of this notice through close of business on the deadline for comments listed.
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: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 15, Chiropractic Services
PROPOSED RULE NUMBER: 2006-P351
CONCISE SUMMARY: The Office of MaineCare Services is proposing changes to the MaineCare Benefits Manual, Ch. II & III Section 15, Chiropractic Services.
The proposed rule updates Ch. III of Section 15 to include pricing changes for radiology services, changes in modifier usage and a procedure code pricing increase. This change allows MaineCare to mirror the Current Procedural Terminology (CPT) coding system for a more uniform method of billing for professional services. The Department proposes several other clarifying, structural, administrative and grammatical changes within this ru1emaking.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173
PUBLIC HEARING: January 23, 2007, 12:30 p.m., Department of Health and Human Services, Conference Room #1A, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before January 17, 2007.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on February 5, 2007
AGENCY CONTACT PERSON: Janie Turner, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9361
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 609, ASPIRE-JET Program Rules
PROPOSED RULE NUMBER: 2006-P352
CONCISE SUMMARY: The ASPIRE-JET Program rules are currently incorrect by stating Able-Bodied Adults Without Dependents (ABAWDs) are to be treated as voluntary work registrants for the purpose of ASPIRE-JET participation, and therefore are not subject to sanction in the form of loss of benefits for failure to participate without good cause. This rule proposes the following changes and corrections:
1. ABAWDs are Mandatory Work Registrants and are subject to work requirements, including sanction (loss of benefits) for failure to participate, and having special work requirements as specified by Food Stamp Program rules.
2. ABAWDs will enroll in ASPIRE-JET only after completing ABAWD special work requirements under the Food Stamp Program rules as ASPIRE-JET is currently offering only a Job Search Component, which is not a qualifying activity for ABAWDs.
3. The USDA/FNS has disallowed previously approved geographical exemptions that were based on unemployment rates. As a result, this rule redefines the geographical area of ASPIRE-JET service.
4. Clarifies availability of ASPIRE-JET Services Components based on funding.
5. Participant reimbursement for other than dependent care is increased from $25 per month to $50 per month.
6. Deferral from participation for working less than 30 hours in certain circumstances is eliminated.
7. The names of the Department and Bureau are changed to their current designation of Department of Health and Human Services, Office of Integrated Access and Support.
8. A specific description of ABAWD exemptions is removed as this has changed in Food Stamp Policy.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 U.S.C. §2015(d)(4), 7 CFR 271.2, 273.7, and 22 MRSA §3104
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: February 2, 2007
AGENCY CONTACT PERSON: Robert L. Thibodeau, ASPIRE-JET Program Manager / 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: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #02-07
PROPOSED RULE NUMBER: 2006-P353
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: January 19, 2007, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: January 19, 2007
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta Maine 04333
TELEPHONE: (207) 287-7521


ADOPTIONS



AGENCY: 01-001 - Maine Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 31, Potato Market Improvement Fund
ADOPTED RULE NUMBER: 2006-529
CONCISE SUMMARY: This rule change will increase the total amount of funds from the program available to any one borrower for all current and past projects for which the borrower has applied. It will increase the availability of the fund by 40% for any one grower.
EFFECTIVE DATE: December 27, 2006
AGENCY CONTACT PERSON:, Seth H. Bradstreet, III, Commissioner, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3419



AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE:
Ch. 500, Stormwater Management Law
Ch. 502, Lakes Most at Risk from New Development and Urban Impaired Streams
ADOPTED RULE NUMBERS: 2006-530 and 531
CONCISE SUMMARY: The Maine Department of Environmental Protection is revising Ch. 500 and 502, which affect how stormwater is regulated in the State of Maine. Significant changes to the Storm water Rules were approved by the Board on November 4, 2004. Implementation of the rules led to several concerns, which the department is addressing through this rule-making. Among these is the need for increased flexibility in the standard for large (Site Law sized) redevelopment projects where strict adherence to the BMP standards can be very expensive. The revision to Ch. 500 allows the department to approve redevelopment projects that do not meet all of the new standards, provided there is not an increase in stormwater impacts leaving the site. Other changes have also been made which are relatively minor in scope.
In Ch. 502, several changes have been adopted to the list of Most at Risk Lakes with the addition of 5 lakes due to data showing an increased trophic state and the removal of one lake from the "severely blooming" category. One stream has also been removed from the Urban Impaired Stream list due to data showing that it is meeting its water quality classification.
The rules are posted on the department's web site at http://www.maine.gov/dep/blwq/rule.htm.
EFFECTIVE DATE: December 27, 2006
AGENCY CONTACT PERSON: Don Witherill, Director, Division of Watershed Management, Department of Environmental Protection, 17 State House Station Augusta, ME 04333
TELEPHONE: (207) 287-7725
E-MAIL: donald.t.witherill@maine.gov



AGENCY: 18-554 – Department of Administrative and Financial Services (DAFS), Bureau of General Services
CHAPTER NUMBER AND TITLE: Ch. 8, Alternative Project Delivery Method
ADOPTED RULE NUMBER: 2006-532
CONCISE SUMMARY: This Rule implements the Director’s authority to establish procedures, in addition to those established by statute, for undertaking contracts using alternative project delivery methods. The Bureau will follow these procedures when owners of public improvement construction projects apply for and are approved to use an alternative project delivery method.
EFFECTIVE DATE: December 31, 2006
AGENCY CONTACT PERSON: Janet McLaughlin, Bureau of General Services, 77 State House Station, Augusta, ME 04333-0077
TELEPHONE: (207) 624-7351



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #01-07
ADOPTED RULE NUMBER: 2006-533
CONCISE SUMMARY: Minimum January 2007 Class I price is $16.84 plus $1.35/cwt. for Producer Margins, an over-order premium of $1.85/cwt. as being prevailing in Southern New England and $0.93/cwt. handling fee for a total of $21.17 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 31, 2006
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta ME 04333
TELEPHONE: (207) 287-7521



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 1 - 1.01, Open Water Fishing Regulations
ADOPTED RULE NUMBER: 2006-534
CONCISE SUMMARY: The Commissioner of Inland Fisheries and wildlife has adopted rules pertaining to open water fishing. This body of rules is printed in its entirety in the 2007 Open Water Fishing Regulations Booklet and will be available from the Department as well as license agents.
EFFECTIVE DATE: April 1, 2007
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 1 - 1.02, Ice Fishing Regulations
ADOPTED RULE NUMBER: 2006-535
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules pertaining to ice fishing. This body of rules is printed in its entirety in the Ice-in 2006 - March 31, 2007 Ice Fishing Regulations Booklet available from the Department as well as license agents.
EFFECTIVE DATE: January 1, 2007
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201