January 17, 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.
NOTICE OF PUBLIC HEARING
DEPARTMENT OF CONSERVATION
LAND USE REGULATION COMMISSION
CONCEPT PLAN FOR PLUM CREEK’S LAND
IN THE MOOSEHEAD LAKE REGION, ZP 707
PISCATAQUIS AND SOMERSET COUNTY, MAINE
The Maine Land Use Regulation Commission is seeking public comment on the proposed Concept Plan for Plum Creek’s Lands in the Moosehead Lake Region
(Zoning Petition 707).
The purpose of the hearing is to allow the applicant, interested groups and the general public the opportunity to present testimony and evidence as to whether the applicant’s proposal meets the statutory criteria for approval under provisions of 12 MRSA Section 685-A (8-A) and 685-B (4) and Section 10.23, H of the Commission’s rules.
TIME AND PLACE:
Final dates and locations will be established in a subsequent public notice to appear in various state newspapers and on the Commission’s web site at www.maine.gov/doc/lurc
. Tentatively the hearing is expected to begin in mid-May, 2007, and is expected to last several days.
HOW TO PARTICIPATE:
All interested persons are invited to attend and offer testimony which would have a bearing on this proposal. The public is not required to submit written testimony before the hearing, nor file Petitions to Intervene, in order to testify. Members of the public may simply attend the hearing and give oral testimony.
Petitions to Intervene: Persons interested in seeking Intervenor status in this matter must file a Petition to Intervene with the Commission pursuant to the applicable provisions of the Maine Administrative Procedure Act (5 MRSA, Ch. 375) and Ch. 5 of the Commission’s rules by 5:00 p.m. on Wednesday, February 14, 2007. The Commission will act on any such petitions at its meeting of Wednesday, March 7, 2007. The public is not required to file Petitions to Intervene in order to testify.
Closing dates for the hearing record will be established in a subsequent public notice.
Written comments should be sent to Maine Land Use Regulation Commission, 22 State House Station, Augusta, Maine, 04333-0022. Comments may also be submitted through the Internet to firstname.lastname@example.org
Persons with disabilities planning to attend the hearing are requested to inform the Commission in advance so that arrangements can be made for services they may require.
FOR ADDITIONAL INFORMATION:
A full copy of the proposed concept plan may be viewed at the Commission’s main office at 18 Elkins Lane, Harlow Building, Augusta, Maine. A copy may also be viewed at the agency’s Internet site at www.maine.gov/doc/lurc
. To view the concept plan at the Augusta office, please call the office in advance at (207) 287-2631. Persons having questions may contact Agnieszka Pinette at (207) 287-8786.
The hearing will be held under authority of 12 MRSA, Ch. 206-A and will be conducted in accordance with the Commission's Rules for the Conduct of Public Hearings.
Agnieszka Pinette, Department of Conservation, Land Use Regulation Commission, 18 Elkins Lane – Harlow Building, 22 State House Station, Augusta, Me 04333-0022
TELEPHONE: (207) 287-8786
FAX: (207) 287-7439
TTY: (207) 287-2213
AGENCY: 04-059 - Department of Conservation, Bureau of Parks and Lands
RULE TITLE OR SUBJECT: Ch. 18, ATV Municipal Grant-In-Aid Program
PROPOSED RULE NUMBER: 2007-P4
CONCISE SUMMARY: The proposed amendment increases the percentage of the State’s maximum cost sharing on municipal grants from 50% to 70% and updates statutory references contained in the rule.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA. §1893(1)(B)
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: February 17, 2007
AGENCY CONTACT PERSON: Brian Bronson, Bureau of Parks and Lands, State House Station #22, Augusta, ME 04333-0022
TELEPHONE: (207) 287-4958
AGENCY: 94-411 - Maine State Retirement System
RULE TITLE OR SUBJECT: Ch. 511, Standards for Actively Seeking Work
PROPOSED RULE NUMBER: 2007-P5
CONCISE SUMMARY: This rule sets out the standards and definitions to be applied in determining whether a disability retirement benefit recipient is actively seeking work. It further sets out how compliance to the standards is demonstrated as well as the impact to the benefit recipient when the standards are not met.
STATUTORY AUTHORITY: 5 MRSA §§ 17103(4), 17929(2)(B)(1) and 18529(2)(B)(1)
RULE TITLE OR SUBJECT: Ch. 702, Appeals of Final Decisions of the Executive Director
PROPOSED RULE NUMBER: 2007-P6
CONCISE SUMMARY: The Retirement System’s rules of practice for administrative appeals are being amended such that a preliminary Executive Director decision must be issued in all cases of denial, followed by a period during which the parties may submit additional information for consideration prior to the issuance of a final decision of the Executive Director. If the matter is then brought forward into an appeal, no new expert evidence or expert testimony may be introduced except where it can be demonstrated that it was impossible to have presented that evidence earlier. The proposed amendments also set forth timeframes for the submission of information and the processing of an appeal.
STATUTORY AUTHORITY: 5 MRSA §§ 9051-9064, 17103(4) and 17451
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: February 8, 2007; 9:05 a.m., Maine State Retirement System Second Floor Conference Room, Two Central Plaza, Augusta, Maine 04333
DEADLINE FOR COMMENTS: February 19, 2007
AGENCY CONTACT PERSON: Kathy Morin, Maine State Retirement System, 46 State House Station, Augusta, ME 04333-0046
TELEPHONE: (207) 512-3190 or 1 (800) 451-9800
AGENCY: 09-137 – Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: 4.04, Bear Trapping
PROPOSED RULE NUMBER: 2007-P7
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to adopt regulations regarding bear trapping. This proposal removes foothold traps as a legal bear-trapping device and allows only cable foot snares and cage-type live traps. It also reduces the number of traps that can be set for bear from 2 to 1. A copy of the proposal may be obtained from the agency contact person listed below.
STATUTORY AUTHORITY: 12 MRSA §10104
PUBLIC HEARING: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: February 16, 2007
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041
AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE:·Ch. 207, Real Estate Transfers
ADOPTED RULE NUMBER: 2007-7
CONCISE SUMMARY: This rule is being amended to reflect an amendment to 36 MRSA §4641(1-A) which changed the definition of controlling interest from "either 50% or more" to "more than 50%." The amendment also removes language which provides for an affidavit to be submitted when a person does not have a taxpayer identification number because 36 MRSA §4641-D specifically requires a taxpayer identification number to be provided. The amendment also makes some minor technical changes.
EFFECTIVE DATE: January 16, 2007
AGENCY CONTACT PERSON: Agnes Gormley, Esq., Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9858
AGENCY: 17-229 - Maine Department of Transportation
CHAPTER NUMBER AND TITLE: Ch. 299, Highway Driveway and Entrance Rules (amendment)
ADOPTED RULE NUMBER: 2007-8
CONCISE SUMMARY: These amendments to the Maine Department of Transportation's Rules are intended to clarify definitions and streamline the process of applying for and receiving a permit for driveways and entrances onto state highways.
EFFECTIVE DATE: January 16, 2007
AGENCY CONTACT PERSON: Bruce Mattson, Department of Transportation, Bureau of Maintenance & Operations, Traffic Engineering Division, 16 State House Station, Augusta, ME 04333-0016
TELEPHONE: (207) 941-4310