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Home > Weekly Newspaper Notices > February 14, 2007

February 14, 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: 94-270 - Commission on Governmental Ethics and Election Practices
RULE TITLE OR SUBJECT: Ch. 1, Procedures, and Ch. 3, Maine Clean Election Act and Related Provisions
PROPOSED RULE NUMBER: 2007-P22, P23 (hearing rescheduled)
PUBLIC HEARING: The hearing previously noticed on January 24, 2007 to be scheduled for Wednesday, February 14, 2007, at 9:00 a.m. has been rescheduled for Friday, March 9th, 2007 at 9:00 a.m. at Ethics Commission Office, 242 State Street, Augusta, Maine 04333. A copy of the proposed rule amendments is available on the Ethics Commission's website - www.maine.gov/ethics or by calling (207) 287-4179.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 1 MRSA §1003; 21-A MRSA §1126
DEADLINE FOR COMMENTS: 5:00 p.m. on Monday, March 19, 2007
AGENCY CONTACT PERSON: Jonathan Wayne, Executive Director, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, Maine 04333



AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 611, Maine College Savings Program, Amendment 10
PROPOSED RULE NUMBER: 2007-P33
CONCISE SUMMARY: The rule amendment modifies the income eligibility requirements for an initial matching grant and an annual matching grant, increasing the maximum eligible family adjusted gross income to $75,000 for each. The rule amendment increases the time an individual must wait to use an initial matching grant from twelve months to twenty-four months. The rule amendment creates a Gold Star Scholarship for dependent children of individuals killed in action while deployed in support of combat operations in Iraq or Afghanistan after September 11, 2001 and prior to December 31, 2006.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA §969-A; 20-A MRSA §11485
PUBLIC HEARING: None; a hearing would be held at the request of 5 or more interested parties.
DEADLINE FOR COMMENTS: Written comments are requested on or before March 16, 2007. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715
FAX: (207) 623-0095



AGENCIES: 06-096 - Maine Department of Environmental Protection, and 94-376 - Maine Municipal Bond Bank
RULE TITLE OR SUBJECT: Ch. 595, State Revolving Fund (a joint rule)
PROPOSED RULE NUMBER: 2007-P34 and P35
CONCISE SUMMARY: These proposed amendments would update the rule, originally adopted in 1990, to allow the use of the fund for additional water improvement practices, add flexibility for borrowers, pay for administration of the program and reflect changes to federal requirements regarding the program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 30-A, Maine Revised Statutes Annotated, Section 5959
PUBLIC HEARING: No public hearing is planned. If you wish to request a public hearing, you must do so in writing. A request for a public hearing should be directed to both agency contact persons listed below and must be received before the deadline for comments.
DEADLINE FOR COMMENTS: March 16, 2007 at 5:00 p.m. Written comments must be submitted to both agency contact persons by mail at the addresses below, by fax at (207) 287-3435 (DEP) and (207) 623-5359 (MMBB), or by e-mail at Steve.A.Mclaughlin@maine.gov and kla@mainebondbank.com. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that the risk of nondelivery associated with submissions by fax or email is on the sender. A copy of the rule is available upon request from the contacts below, and on the web at:
http://www.maine.gov/dep/blwq/rule.htm, and http://www.mmbb.com/CWSRF.aspx.
AGENCY CONTACT PERSONS:
Stephen A. McLaughlin, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017. PHONE: (207) 287-7768
Karen L. Asselin, Maine Municipal Bond Bank, 3 University Dr., P.O. Box 2268, Augusta, ME 04338-2268. PHONE: (207) 622-9386



AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 323, Electronic Business Transactions Standards
PROPOSED RULE NUMBER: 2007-P36
CONCISE SUMMARY: Through this Notice, the Commission initiates a rule-making to amend the Electronic Business Transactions (EBT) Standards that are contained in Chapter 323 of our rules. These proposed amendments to the EBT Standards are a consensus recommendation of the Maine EBT Working Group (EBTWG).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA §§ 104, 111, 1301, 3202(1) and (2), and 3203(9
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: March 16, 2007
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, 18 State House Station, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831



AGENCY: 94-411 - Maine State Retirement System
RULE TITLE OR SUBJECT: Ch. 511, Standards for Actively Seeking Work
PROPOSED RULE NUMBER: 2007-P37
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-P38
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: March 7, 2007; 9:05 a.m., Maine State Retirement System Second Floor Conference Room, Two Central Plaza, Augusta, Maine 04333
DEADLINE FOR COMMENTS: March 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: 04-061 - Department of Conservation, Land Use Regulation Commission
RULE TITLE OR SUBJECT: Ch. 10, Land Use Districts and Standards: Proposed Rule Changes Regarding Affordable Housing
PROPOSED RULE NUMBER: 2007-P39
CONCISE SUMMARY: The Commission is proposing a draft policy statement and rules which will provide for affordable housing opportunities within its jurisdiction. The draft policy statement defines affordable housing, describes housing market and income trends in its jurisdiction, discusses a range of related issues, and presents a draft goal and policy statements. The draft rules give the Commission the authority to reduce the minimum lot size as well as to modify other dimensional requirements as needed for the purpose of affordable housing.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §684 and §685-C (3) and (5)
PUBLIC HEARING: No public hearing will be held.
DEADLINE FOR COMMENTS: Friday, March 16, 2007
AGENCY CONTACT PERSON: Susan Burns, Land Use Regulation Commission, Department of Conservation, 22 State House Station, Augusta, Maine 04333-0022
TELEPHONE: (207) 287-4969
E-MAIL: susan.burns@maine.gov


ADOPTIONS



AGENCY: 02-031 - Department of Professional and Financial Regulation, Office of Licensing and Registration
CHAPTER NUMBER AND TITLE: Ch. 10, Establishment of License Fees
ADOPTED RULE NUMBER: 2007-41
CONCISE SUMMARY: The Director of the Office of Licensing and Registration adjusted license fees for 24 of the 40 occupational and professional licensing programs within the Office of Licensing and Registration.
EFFECTIVE DATE: February 10, 2007
AGENCY CONTACT PERSON: Jeffrey Frankel, Office of Licensing and Registration, 35 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-8615



AGENCY: 02-031 – Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Rule Ch. 820, Limitations on Annuity Limited Licenses (repeal)
ADOPTED RULE NUMBER: 2007-42
CONCISE SUMMARY: This rule is being repealed because Annuity Limited Licenses are no longer issued, and the statutory limitation on existing licensees to which Rule Chapter 820 refers has been repealed.
EFFECTIVE DATE: February 12, 2007
AGENCY CONTACT PERSON: Vanessa Leon, Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624- 8452



AGENCY: 10-144 - Department of Health and Human Services, Maine Center for Disease Control & Prevention, Office of Rural Health and Primary Care
CHAPTER NUMBER AND TITLE: Ch. 513, J-1 Visa Waiver Review and Recommendation Process for the State of Maine (repeal)
ADOPTED RULE NUMBER: 2007-43
CONCISE SUMMARY: This state law is being repealed because it is the Federal law, not the state law that controls the administration of the J-1 Visa Waiver Program. As such, it is not necessary for the programs policies to be entered into agency rules. The State Office of Rural Health and Primary Care will develop a policy manual that will describe program procedures and guide the waiver review and recommendation process.
EFFECTIVE DATE: February 13, 2007
AGENCY CONTACT PERSON: Charles Dwyer, Director, Office of Rural Health and Primary Care, 286 Water Street, 6th Fl., 11 State House Station, Augusta, Me 04333-0011
TELEPHONE: (207) 287-5524